Appeal

Question 1

What is the effect of an appeal in a criminal proceeding?

Answer 1

An appeal in a criminal proceeding throws the whole case open for review and it becomes the duty of the appellate court to correct an error as may be found in the appealed judgment WON it is made the subject of assignment of errors [People v. Calayca, G.R. No. 121212 (1999)]

Question 2

Where to appeal?

For cases decided by: MTC/MeTC/MCTC

Answer 2

RTC

[Sec. 2(c), Rule 122]

Question 3

Where to appeal?

For cases decided by:
RTC or MTC/MeTC/ MCTC (if it is government dutyrelated, i.e., filed under E.O. 1, 2, 4 and 14-A)

Answer 3

Sandiganbayan

[Sec. 4 (c) PD 1606 as amended
by RA 8249]

Question 4

Where to appeal?

For cases decided by:
RTC (if it involves questions of fact and of law)

Answer 4

CA

Question 5

Where to appeal?

For cases decided by:
Where the RTC
imposed the penalty of reclusion perpetua or life imprisonment

Answer 5

CA (notice of appeal)

Where the RTC
imposed the penalty of reclusion perpetua or life imprisonment
If the CA imposes reclusion perpetua or life imprisonment, it will render and enter judgment. The subsequent appeal to the SC
is by notice of appeal

[Sec. 3(a)(c), Rule 122; People v. Mateo, G.R. No. 147678 (2004)]

Question 6

Where to appeal?

For cases decided by:
Where the RTC
imposed the penalty of death

Answer 6

CA (automatic review)

If CA imposes death, it will render judgment but will not enter, and will certify the case to the SC for review [Sec. 3(d) and 10 , Rule 122 ]

Question 7

Where to appeal?

For cases decided by:
RTC
If it involves questions of law only

If it involves constitutionality or validity of any treaty/ law/ordinance/EO/ regulation or the jurisdiction of the inferior court

In criminal cases
involving offenses for which the penalty imposed is death or life imprisonment

Other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion, as that giving rise to the more serious offense

Answer 7

SC

Question 8

Where to appeal?

In cases decided by:
CA [Sec. 2(c), Rule 122] or Sandiganbayan

Answer 8

SC [Sec. 2(c), Rule 122]

Question 9

Is the right to appeal a natural right? Is it a part of due process?

Answer 9

NO. NO.

The right to appeal is not a natural right nor a part of due process but merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of the law [Estarija v. People, G.R. No. 173990 (2009)]

Question 10

How is appeal taken?

Situation:
Case decided by - MTC/MeTC /MCTC

Appeal to - RTC

Answer 10

Filing of notice of appeal with the court which rendered the order appealed from and serving a copy thereof to the adverse party

[Sec. 3, Rule 122]

Question 11

How is appeal taken?

Situation:

Case decided by - RTC (original jurisdiction)

Appeal to - CA

Answer 11

Petition for Review (Rule 42)

[Sec. 3, Rule 122]

Question 12

How is appeal taken?

Situation:

Case decided by - RTC (original jurisdiction)

Appeal to - SC (when?)

In all other appeal to the SC?

Answer 12

Appeal to SC:
cases where the penalty
imposed by the RTC is death, reclusion perpetua, or life imprisonment, or where a
lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed.

Mode:
Filing of notice of appeal with the court which rendered the order appealed from and serving a copy thereof to the adverse party (Except when the penalty imposed is death as such is subject to automatic review)

All other appeal to the SC:
Petition for review on certiorari (Rule 45)

[Sec. 3, Rule 122]

Question 13

Who may appeal from a judgment or final order?

general rule & exceptions

Answer 13

General rule: Any party may appeal from a judgment or final order [Sec. 1, Rule 122]

Exceptions:

a. A party may not appeal if the accused will be placed in double jeopardy by such action [Sec. 1, Rule 122];
b. If the judgment is for conviction and the accused fails to appear during promulgation without justifiable cause, he would lose the remedy to appeal [Sec. 6, Rule 120]

Question 14

When should appeal be taken?

Answer 14

Within 15 days from promulgation of the judgment or from notice of the final order appealed from.

The period to appeal shall be suspended from the time a MNT or MR is filed until notice of the order overruling the motion has been served upon the accused or his counsel.
[Sec. 6, Rule 122]

Question 15

In appeal when should the COC transmit the original record to the appropriate RTC?

Answer 15

Within 5 days from perfection of the appeal, the COC shall transmit the original record to the appropriate RTC [Sec. 9(a), Rule 122]

Question 16

in appeal to the RTC, upon receipt of the complete record, what must be done by the RTC clerk of court?

Answer 16

Upon receipt of the complete record, TSN and evidence of the case, the RTC COC shall notify the parties of such fact [Sec. 9(b), Rule 122]

Question 17

In an appeal to the RTC, when shall the RTC decide the cases on the basis of the entire recor of the case?

Answer 17

Decision After submission of such memoranda/briefs or upon the expiration of the period to file the same, the RTC shall decide the case on the basis of the entire record of the case and of such memoranda/briefs as may have been filed [Sec. 9(c), Rule 122]`

Question 18

What procedure must be observed in the RTC re appeals?

Answer 18

Uniform Procedure Rule

General rule: The procedure to be observed in the MeTC/MTC/MCTC shall be the same as that in the RTC.

Exceptions:
1. Where a particular provision applies only to either of said courts;
2. Criminal cases governed by the Revised Rules on Summary Procedure
[Sec. 1, Rule 123]

Question 19

Notwithstanding the uniform procudure rule, where may the complaint/ information be filed when the offense falls directly under the jurisdiction of the MTC/MCTC?

Answer 19

Notwithstanding the uniform procedure rule, if the offense falls under the jurisdiction of the MTC/MCTC, complaint/information may be filed directly with said courts or with the City Prosecutor’s office [Salcedo v. Nobles-Bans, G.R. No. L-67540 (1985)]

Question 20

In Metro Manila, and other chartered cities, where may the complaint be filed?

Answer 20

In Metro Manila and other chartered cities, criminal cases shall be commenced only by information; thus, the complaint may be filed only with the office of the City Prosecutor [Sec. 1(b), Rule 110]

If the case is directly filed with the court, the case should not be dismissed. The court should just refer it to the City Prosecutor for the filing of the corresponding information [Salcedo v. Nobles-Bans, G.R. No. L-67540 (1985)]

Question 21

Who are the parties referred to in cases appealed to the CA? What shall the title of the case be?

Answer 21

In all criminal cases appealed to the CA, the party appealing shall be called the “appellant” and the adverse party the “appellee” but the title of the case shall remain as it was in the court of origin (i.e., People v. John Doe) [Sec. 1, Rule 124]

Question 22

What is the procedure in the Court of Appeals for Briefs (overview)?

Answer 22

Brief for the appellant:
Within thirty (30) days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellee [Sec. 3, Rule 124]

Brief for the appellee:
Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellant [Sec. 4, Rule 124]

Reply to appellee’s brief: Within twenty (20) days from receipt of the Brief of the appellee, the appellant may file a reply brief traversing matters raised in the former but not covered in the brief of the appellant [Sec. 4, Rule 124]

With the use of the word “may”, filing a reply is optional.

Question 23

What is the procedure in the Court of Appeals for the Brief for the appellant?

Answer 23

Within thirty (30) days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellee [Sec. 3, Rule 124]

Question 24

What is the procedure in the Court of Appeals for the Brief for the Appellee?

Answer 24

Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellant [Sec. 4, Rule 124]

Question 25

What is the procedure in the Court of Appeals for the Reply to the appellee's brief?

Answer 25

Within twenty (20) days from receipt of the Brief of the appellee, the appellant may file a reply brief traversing matters raised in the former but not covered in the brief of the appellant [Sec. 4, Rule 124]

Question 26

What is the procedure in teh Court of Appeals for extension of time for filing of briefs? (general rule & exceptions)

Answer 26

General rule: Extension of time for the filing of briefs is not allowed. Exception: Extension may be granted for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended [Sec. 5, Rule 124] The court may grant as many extensions as may be asked [Gregorio v. CA, G.R. No. L-43511 (1976)]

Question 27

What is the form requirement for briefs submitted in the Court of Appeals?

Answer 27

Briefs shall either be printed, encoded or typewritten in double space on legal size, good quality unglazed paper, 330 mm. in length by 216 mm. in width [Sec. 6, Rule 124]

Question 28

What is the content of briefs for criminal cases in the Court of Appeals?

Answer 28

The briefs in criminal cases shall have the same contents as provided in Secs. 13 to 14, Rule 44. A certified true copy of the decision or final order appealed from shall be appended to the brief of the appellant [Sec. 7, Rule 124] ------------------------------------ Section 13. Contents of appellant's brief. — The appellant's brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively; (c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record; (d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record; (e) A clear and concise statement of the issues of fact or law to be submitted, to the court for its judgment; (f) Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found; (g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and (h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment or final order appealed from. (16a, R46) Section 14. Contents of appellee's brief. — The appellee's brief shall contain, in the order herein indicated the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant's brief, or under the heading "Counter-Statement of Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellant's statement of facts; and (c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found. (17a, R46)

Question 29

Rule 44, Section 13-14

Answer 29

Section 13. Contents of appellant's brief. — The appellant's brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively; (c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record; (d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record; (e) A clear and concise statement of the issues of fact or law to be submitted, to the court for its judgment; (f) Under the heading "Argument," the appellant's arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found; (g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and (h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment or final order appealed from. (16a, R46) Section 14. Contents of appellee's brief. — The appellee's brief shall contain, in the order herein indicated the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant's brief, or under the heading "Counter-Statement of Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellant's statement of facts; and (c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found. (17a, R46)

Question 30

What is the procedure in cases where the CA may dismiss the case due to failure of the appellant to file his brief within the prescribed time?

Answer 30

The CA may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief with the time prescribed, except where the appellant is represented by a counsel de oficio [Sec. 8, Rule 124] If failure to file brief on time is the ground, appellant must be given notice to give him opportunity to reason out why his appeal should not be dismissed [Baradi v. People, G.R. No. L-2658 (1948)] However, dismissal is proper despite lack of notice: 1. If appellant has filed a MFR or motion to set aside the order dismissing the appeal, in which he stated the reason why he failed to file his brief on time and the appellate court denied the motion after considering reason [Baradi v. People, G.R. No. L-2658 (1948)] 2. If appeal was dismissed without notice but appellant took no steps to have the appeal reinstated. Such action amounts to abandonment [Salvador v. Reyes, G.R. No. L-2606 (1949)]

Question 31

What is the procedure in cases where the CA may dismiss the case in instances when the appellant escapes, jumps bail, or flees?

Answer 31

The CA may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison/confinement, jumps bail or flees to a foreign country during the pendency of the appeal [Sec. 8, Rule 124] Likewise, when accused flees after the case has been submitted for decision, he is deemed to have waived his right to appeal [People v. Ang Gioc, G.R. No. L48547 (1941)]

Question 32

In what instance will the case not be dismissed despite escape of the accused? (CA)

Answer 32

However, the appeal will not be dismissed despite escape 1. In one exceptional case, the appellant took advantage of a mass jailbreak (because, according to his counsel de oficio he was innocent and wanted to elude an unjust punishment) but was recaptured two hours after, the SC ruled that these circumstances were not sufficient to justify dismissal of the appeal which, upon the conclusion arrived at by the Court on the merits, would entail a clear miscarriage of justice [People v. Valencia, G.R. No. L-1369 (1949)] 2. In case of automatic review [People v. Cornelio, G.R. No. L-1289 (1971)]

Question 33

FIB Rule 124 Section 9. Prompt disposition of appeals. — Appeals of accused who are under __________ shall be given precedence in their disposition over other appeals. The Court of Appeals shall hear and decide the appeal at the ________________ with due regard to the rights of the parties. The accused need not be present in court during the ______ of the appeal. (9a)

Answer 33

detention; earliest practicable time; hearing

Question 34

What is the rule re Reversal or modification of judgement on appeal to the CA?

Answer 34

General rule: No judgment shall be reversed or modified. Exception: When the CA, after an examination of the record and of the parties’ evidence, is of the opinion that error was committed and such error injuriously affected the appellant’s substantial rights [Sec. 10, Rule 124] --------------------------------------- Section 10. Judgment not to be reversed or modified except for substantial error. — No judgment shall be reversed or modified unless the Court of Appeals, after an examination of the record and of the evidence adduced by the parties, is of the opinion that error was committed which injuriously affected the substantial rights of the appellant. (10a)

Question 35

What is the general rule on disturbing the TC's finding on the credibitlity of witnesses? What is the ratio for such rule?

Answer 35

When it involves credibility of witnesses, appellate courts will not generally disturb the TC’s findings [People v. Cabiling, G.R. No. L-38091 (1976)] Ratio: The TC is in a better position to decide the question, having seen and heard the witnesses themselves [People v. Cabiling, G.R. No. L-38091 (1976)]

Question 36

What is the scope of the CA's judgment?

Answer 36

The CA may: 1. Reverse/affirm/modify the judgment; 2. Increase/reduce the penalty imposed by the TC; 3. Remand the case to the RTC for new trial or retrial; 4. Dismiss the case [Sec. 11, Rule 124]

Question 37

Does the accused waives the consitutional safeguard against double jeopardy when he appeals from the sentence of the TC?

Answer 37

YES. When the accused appeals from the sentence of the TC, he waives the constitutional safeguard against double jeopardy and throws the whole case open to the review of the appellate court, which is then called upon to render such judgment as law and justice dictate, WON favorable to the accused and WON made the subject of assignment of errors [Ko Bu Lin v. CA, G.R. No. L-57170 (1982)]

Question 38

What is within the scope of the CA's power to receive evidence?

Answer 38

The CA has power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues in cases: 1. Falling within its original jurisdiction; 2. Involving claims for damages arising from provisional remedies; 3. Where the court grants a new trial based only on the ground of newly-discovered evidence [Sec. 12, Rule 124]

Question 39

What is the requirement for the duration of the CA's trials and hearings?

Answer 39

CA’s trials and hearings must be continuous and completed within three months, unless extended by the Chief Justice. [Sec. 9, BP 129 as amended by RA 7902]

Question 40

What is the procedure in cases where the CA finds that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case? (certification or appeal of cases to the SC)

Answer 40

Whenever the CA finds that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstances warrant. However, it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review [Sec. 13, Rule 124]

Question 41

What is the procedure of transmitting and filing of CA's judgment to the TC?

Answer 41

When the CA’s entry of judgment is issued, a certified true copy of the judgment shall be attached to the original record. These shall be remanded to the clerk of the court from which the appeal was taken [Sec. 17, Rule 124] This copy of the entry serves as the formal notice to the court from which the appeal was taken of the disposition of the case in the appellate court, so that the judgment may be executed and/or placed or noted in the proper file.

Question 42

What is the procedure for a Motion for New Trial during the pendency of appeal (in the CA)?

Answer 42

1. Appellant may file MNT on the ground of newly discovered evidence material to his defense any time: a. After the appeal from the lower court has been perfected; but b. Before the CA judgment convicting him becomes final; 2. The motion shall conform to Sec. 4, Rule 121 [Sec. 14, Rule 124]; 3. If the CA grants a MNT, it may either: a. Conduct the hearing and receive evidence; b. Refer the trial to the court of origin [Sec. 15, Rule 124]

Question 43

What are the grounds for a Motion for New Trial in the RTC?

Answer 43

RTC [Rule 121] Grounds: a. errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; b. new and material evidence has been discovered

Question 44

What are the grounds for a Motion for New Trial in the CA?

Answer 44

Ground: a. newly-discovered evidence material to his defense

Question 45

What is the difference between when to file a Motion for New Trial in the RTC and the CA?

Answer 45

RTC [Rule 121] Filed after judgment, but before finality of conviction CA [Rule 124] Filed after appeal from lower court is perfected but before judgment

Question 46

What is the difference between the RTC and CA in their ability to remand to the lower court?

Answer 46

RTC [Rule 121] Cannot remand to lower court in its exercise of appellate jurisdiction CA [Rule 124] CA can either conduct the evidentiary hearing by itself, or it will remand the case to the court of origin