Rule 122: Appeal [Tuestay, November 7,2017 12:43 PM. Who may appeal. (Sect) Appeal ‘= is aresort to a superior court to review the decisions of an inferior court or an administrative agency. ‘+ Proceeding undertaken to have a decision reconsidered by bringing it to a higher court authority Right to appeal ‘+ Statutory privilege to be exercised in a manner prescribed by law ‘+ Not a natural right or a part of due process + May be waived 1. Failure to perfect an appeal within the reglementary period 2. Waiver in writing, in which case the judgment becomes final ‘Grant of suspension of sentence (under Child and Youth Welfare Code) is not a waiver of the right to appeal, not the same as a probation Effects of Appeal The appeal stays the execution of the judgment It throws open the whole case for review whether it is made the subject of assignment of errors or not The accused waived the constitutional rights against double jeopardy ‘The judgment may be modified or reversed by the appellate court Appeal by Prosecution General rule: The prosecution cannot appeal or bring error proceedings from a judgment in favor of the defendant in a criminal case ‘+ Judgment of acquittal - immediately final and executory ‘= Cannot appeal because of the constitutional prohibition of double jeopardy ‘+ However, the civil aspect may be the subject of appeal Exceptions: ‘= Deprivation of due process ‘= Grave abuse of discretion under exceptional circumstances © Appeal may be undertaken only the State through the Solicitor General; Only the SG may represent the People of the Phil. Under an appeal ‘+ May be assailed in a Petition for Certiorari (under Rule 65) © The lower court committed reversible errors of judgment and grave abuse of discretion amounting to lack or excess of jurisdiction OR denial of due process, thus rendering the assailed judgment void Where to appeal (Sec 2) Appellate Court Jurisdiction of courts in criminal cases 1) Supreme Court + Exclusive Appellate jurisdiction over judgments, decisions or final orders of the: "Court of Appeals (Sec1, Rule 45) = Sandiganbayan (Sec 7, PD 1606 as amd) = Court of Tax Appeals (Sec 19, Act No 1125 as amd) + Ordinary Appeal = Decisions of the CA or SB, penalty of reclusion perpetua or life imprisonment is imposed = Or, where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offenses for which the penalty of D, RP or LI is imposed * Automatic Review = Decisions of CA on imposition of death penalty = Or, where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offenses for which the penalty of D is,imposed ‘+ Petition for Review on Certiorari Appeal from CA, SB, CTA, RTC involving questions of law + Consolidation of 2 cases, one sentencing to death, the other to Reclusion Perpetua, he will deemed to have appealed from the judgment in the latter case. 2). Court of Appeals ‘+ Appellate jurisdiction over judgments, decisions or final orders or awards of the: = RTC Except Falling under the appellate jurisdiction of 1B SCin accordance with the Consti, provisions of BP Bl 129 12 exclusive appellate jurisdiction of the Sandiganbayan (PD 1606) 2 Court of tax Appeals ‘Ordinary Appeal: RTC in the exercise of its original jurisdiction + Petition for Review: RTC in the exercise of its appellate jurisdiction 3) Sandiganbayan ‘+ Exclusive Appellate jurisdiction from RTC- accused positions lower than SG of 27 or those not enumerated in Secd of PD 1606 as amd * Ordinary appeal: (if RTC in their original jurisdiction over office-related offenses) + Petition for Review: (if RTS rendered decision in exercise of appellate jurisdiction involving office-related offenses) 4) Court of Tax Appeals n for Review: Appeals from decisions of RTC in tax cases as originally decided by them + Petition for review : RTC in their appellate jurisdiction (cases decided by MTs) 5) RTC + Appellate jurisdiction over decisions of the MTCs + Ordinary appeal 6) Sharia District Courts ‘+ Appellate jurisdiction over Sharié Circuit Courts How appeal is taken (Sec 3) Note: Amended by AM No 00-5-03-5C 3 Modes of Appeal 2) Ordinary Appeal ‘Filing a notice of appeal with the court that rendered the judgment or final order appealed from = Should specify where the appeal is to be taken (discretionary) + Serving a copy thereof upon the adverse party (public prosecutor/ offended party) ‘+ Within 15 days from the promulgation of judgement 2) Petition for Review + Available only against judgements of RTC rendered in their exercise of appellate jurisdiction + Filing a petition with the CA (in accordance with Rule 42 of Rules of Court) 3) Appeal by Certiorari + Available only in cases where questions of law are involved + Petition to the Supreme Court (in accordance with Rule 45) 4) Automatic Appeal + Academic because of the prohibition of the death penalty Ordinary Appeal vs Petition for Review from RTC to CA, distinguished: Ordinary Appeal Pet for Rev Taken by notice of Appeal or by record on appeal Taken by means of a petition Notice of Appeal isfiled with and the docket fee paid tothe __Petition is filed with, and the docket fee paid tocourt that rendered judgment appellate court Judgement appealed from is rendered in the exercise of the _In the exercise of it's appellate jurisdiction court's original jurisdiction No deposit for costs is required Deposit for costs is required ‘A Motion for extension of time to file anotice of appealisNOT Appellate Court may grant an extension within allowed ‘which to file the petition Certification against forum-shopping is NOT required Certification against forum-shopping is REQUIRED Petition for Review vs Appeal by Certior: Appeal by Certiorari Pet for Rev Taken to the SC Taken to the CA Raises only pure questions of law Questions of fact or mixed questions of facts and law Involves judgment rendered by a court regardless of Involves judgment or final orders by the RTC in its jurisdiction exercised appellate jurisdiction ‘Modes of Service of Notice of Appeal (Sec 4) 2) Personally 2) By registered mail 3) Substituted Service ‘+ Offended party/counsel unknown place of residence or office + Delivery to the clerk of court (with proof of failure from both services) Waiver of Notice (See 5) ‘+ Failure of service to the adverse party in a criminal proceeding is not always fatal ‘+ The appellate court, inits discretion and in the interest of justice, give due course to the appeal despite his failure to serve anotice of appeal. When appeal be taken (Sec 6) Period for perfecting an appeal: 15/daié from the promulgation of judgment or from notice ofthe final order appealed from Deemed perfected: Upon filing ofthe notice of appeal «The trial court loses its authority to set aside the decision or order anew tral New Trial and New Judgement: I5a¥s from the receipt of the new judgment Cases appealable to the Court of Tax Appeals: 30 days after the receipt of the decision/ruling Fresh Period Rule ‘+ Period of appeal is interrupted by a timely filing of a Motion for aNew Trial or a Motion for Reconsideration; The balance shall run after notice of the order overruling the motion has been served. ‘+ Exception: Neypes vs CA rule ‘+ The appellant has a fresh period of 15 days within which to file his notice of appeal counted from the receipt of the order denying the motions Duty of Stenographers (Sec 7) ‘Duty to transcribe their stenographic notes of the proceedings ‘+ To certify the correctness of the notes and the transcript thereof ‘+ File the transcripts without unnecessary delay Jurisdiction before transmission of records (Sec 8) + Clerk of Court transmit to the Clerk of Court of the Appellate Court the records ofthe case within Sida after filing the notice of appeal ‘* Prior transmittal - The accused may file an application for bail before the trial court (provided that it is not yet transmitted the original record to the appellate court)‘+ May allow appellant to withdraw his appeal before forwarding the record Appeal to RTC (Sec 9) 1) Perfection of appeal 2) Transmit Original Record (5 days) 3) COC of RTCto notify parties — 4), Parties to submit memoranda or briefs (within 15 days upon receipt) ~ 5) RTC decide the case (whether submitted or not, upon expiration of the period to file) ‘Transmission of records in case of death penalty (Sec 10) 1) Forwarded to CA for Automatic Review and Judgement (Within 20 days, but not earlier than 15 days from the promulgation of judgement or Notice of denial of Motion) 2) Transcript shall be forwarded within 10 days after filing by the stenographic reporter Effect of Appeal by any of several accused (Sec 11) 2) Accused who did not appeal is not affected, but may be benefitted in so far as itis favorable and applicable to him 2). Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. Withdrawal of the appeal (Sec 12) ‘+ RTC and MTC: May allow to withdraw appeal before the records have been forwarded to the COC of the proper appellate court ~~ Judgement is final. ‘+ RTC (discretionary): allow appellant from judgement of MTCs to withdraw his appeal * Provided: A motion is filed before the rendition of judgment in the case on appeal Judgement of MTC shall become final and remanded for the execution of judgement