PEOPLE V.

MATEO
G.R. No. 147678-87, July 7, 2004
Facts:
Appellant Efren Mateo was charged with ten counts of rape by his step-daughter Imelda Mateo. During the trial, Imeldas
testimonies regarding the rape incident were inconsistent. She said in one occasion that incident of rape happened inside her bedroom,
but other times, she told the court that it happened in their sala. She also told the court that the appellant would cover her mouth but
when asked again, she said that he did not. Despite the irreconcilable testimony of the victim, the trial court found the accused guilty of
the crime of rape and sentenced him the penalty of reclusion perpetua. The Solicitor General assails the factual findings of the trial and
recommends an acquittal of the appellant.
Issue:
Whether or not this case is directly appeallable to the Supreme Court.
Held:
While the Fundamental Law requires a mandatory review by the Supreme Court of cases where the penalty imposed is
reclusion perpetua, life imprisonment, or death, nowhere, however, has it proscribed an intermediate review. If only to ensure utmost
circumspection before the penalty of death, reclusion perpetua or life imprisonment is imposed, the Court now deems it wise and
compelling to provide in these cases a review by the Court of Appeals before the case is elevated to the Supreme Court.
Where life and liberty are at stake, all possible avenues to determine his guilt or innocence must be accorded an accused, and
no case in the evaluation of the facts can ever be overdone. A prior determination by the Court of Appeals on, particularly, the factual
issues, would minimize the possibility of an error of judgment. If the Court of Appeals should affirm the penalty of death, reclusion
perpetua or life imprisonment, it could then render judgment imposing the corresponding penalty as the circumstances so warrant,
refrain from entering judgment and elevate the entire records of the case to the Supreme Court for its final disposition.

Under the Constitution, the power to amend rules of procedure is constitutionally vested in the Supreme Court
Article VIII, Section 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts.
Procedural matters, first and foremost, fall more squarely within the rule-making prerogative of the Supreme Court than the
law-making power of Congress.
The rule here announced additionally allowing an intermediate review by the Court of Appeals, a subordinate appellate court,
before the case is elevated to the Supreme Court on automatic review is such a procedural matter.
Pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of
Rule 124, Section of Rule 125, and any other rule insofar as they provide for direct appeals from the Regional Trial Courts to the
Supreme Court in cases where the penalty imposed is death reclusion perpetua or life imprisonment, as well as the resolution of the
Supreme Court en banc, dated 19 September 1995, in Internal Rules of the Supreme Court in cases similarly involving the death
penalty, are to be deemed modified accordingly.

A.M. No. 00-5-03-SC

RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL PROCEDURE
TO GOVERN DEATH PENALTY CASES
RESOLUTION
Acting on the recommendation of the Committee on Revision of the Rules of Court submitting for this Courts consideration and
approval the Proposed Amendments to the Revised Rules of Criminal Procedure to Govern Death Penalty Cases, the Court Resolved
to APPROVE the same.
The amendment shall take effect on October 15, 2004 following its publication in a newspaper of general circulation not later than
September 30, 2004
September 28, 2004
_____________________________________
AMENDED RULES TO GOVERN REVIEW OF
DEATH PENALTY CASES
Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of the Revised Rules of Criminal Procedure, are amended as follows:
RULE 122
Sec. 3. How appeal taken
(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its original jurisdiction, shall be by notice of appeal filed with the court which rendered the judgment or final
order appealed from and by serving a copy thereof upon the adverse party.
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction
shall be by petition for review under Rule 42.
(c) The appeal in cases whereby the penalty imposed by the Regional Trial Court is reclusion perpetua, life imprisonment or
where a lesser penalty is imposed for offenses committed on the same occasion on the 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, shall be by notice of appeal to the Court of Appeals in accordance with paragraph (a) of this
Rule.
(d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. The Court of
Appeals shall automatically review the judgment as provided in Section 10 of this Rule. (3a)
xxxxxxxxxxxxxxxxxxxxxxxxxxxx
RULE 124
Sec. 12. Power to receive evidence.
The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform all acts
necessary to resolve the factual issues raised in cases falling within its original and appellate jurisdiction, including the power

to grant and conduct new trials or further proceedings. Trials or hearing in the Court of Appeals must be continuous and must
be completed within three months, unless extended by the Chief Justice. (12a)
Sec. 13. Certification or appeal of case to the Supreme Court.
(a) Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render
judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record
to the Supreme Court for review.
(b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose
out of the same occurrence that gave rise to the more severe offense for which the penalty is imposed, and the
accused appeals, the appeal shall be included in the case certified for review to the Supreme Court.
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall
render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by
notice of appeal file with the Court of Appeals. (13a)