Appeal is not a part of due process except when provided by law. If the right to appeal is granted by law, it is statutory and must be exercised in accordance with the procedure laid down by law. It is compellable by mandamus.
Where should the appeal be filed?
1. If the case was decided by the MTCs, the appeal should be filed with the RTC.
2. If the case was decided by the RTC, the appeal should be filed with the CA or the SC in proper cases provided by law. 3. If the case was decided by the CA, the appeal should be filed with the SC.
Can the prosecution appeal a judgment of acquittal?
No. A judgment of acquittal becomes final immediately after promulgation. It cannot even be the subject of certiorari. The reason for this rule is that an appeal would place the accused in double jeopardy. However, the offended party may appeal the civil aspect of the case.
How is appeal taken?
APPEAL TO FROM THE DECISION OF HOW?
RTC MTC File a notice of appeal with the MTC
and serve a copy of the notice to the adverse party
CA RTC in the exercise of its original
jurisdiction File a notice of appeal with the RTC and serve a copy of the notice to the adverse party
CA RTC in the exercise of its appellate
jurisdiction File a petition for review with the CA under Rule 42 SC RTC where the penalty imposed is
reclusion perpetua or life imprisonment, 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 offense punishable by death, reclusion perpetua or life imprisonment
File a notice of appeal with the RTC and serve a copy of the notice to the adverse party
SC RTC imposing the death penalty Automatic review by the SC
SC All other appeals, except the two
cases above Petition for review on certiorari under Rule 45
SC Sandiganbayan Petition for review on certiorari
under Rule 45
A, B, C, D, and E were all charged with murder, punishable by death. A, B, and C were charged as principals. D was charged as an accomplice. E was charged as an accessory. All of them were convicted. To whom should they appeal? A, B, and C’s case will be automatically reviewed by the SC without need for notice of appeal, since the penalty imposable is death. D and E should also appeal to the SC because although the penalty imposable is not death, the offense arose out of the same occurrence that gave rise to the offense punishable by death. The reason for this rule is so that only one court will review on appeal the single case involving different defendants. This would prevent a variance or conflict in the decisions of the SC and the CA.
How is an appeal perfected?
An appeal is perfected by filing a notice of appeal with the court in which the judgment or order was rendered, and by serving a copy thereof upon the adverse party or his attorney within the period for perfecting an appeal.
Within what period must appeal be perfected?
An appeal must be perfected within 15 days from promulgation of the judgment or from notice of the final order appealed from. What is the effect of the perfection of an appeal?
When an appeal has been perfected, the court a quo loses jurisdiction.
What is the difference between the appeal of a judgment and the appeal of an order?
The appeal from a judgment must be perfected within 15 days from promulgation. The appeal from an order should be perfected within 15 days from notice of the final order.
A and B were convicted of murder. Only A appealed from the conviction. Should the decision of the appellate court bind B?
It depends. If the decision of the appellate court would be beneficial to B, it should affect him. But if the decision would not benefit him, it should not bind him.
What is the effect of the appeal by the offended party of the civil aspect of the judgment on the criminal aspect? Nothing.
Can an appeal that has already been perfected by withdrawn by the appellant?
If the records have not yet been transmitted to the appellate court, the court that rendered the judgment has the discretion to allow the appellant to withdraw the appeal. If the appeal is withdrawn, the judgment shall become final.
If the records have already been transmitted to the appellate court, only the appellate court may decide whether to grant the motion to withdraw the appeal, and only before the judgment is rendered in the case on appeal.
Is counsel de oficio still required to represent his client on appeal?
Yes. The duty of counsel de oficio does not terminate upon judgment of the case. It continues until appeal. RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS
Important stuff:
1. Preliminary conference: Before conducting the trial, the court shall call the parties to a preliminary conference during which:
a. a stipulation of facts may be entered into,
b. the propriety of allowing the accused to plead guilty to a lesser offense may be considered, and c. other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. 2. Prohibited pleadings and motions:
a. motion to dismiss the complaint or to quash the complaint or information on the ground of lack of jurisdiction over the subject matter, or failure to refer the case to the lupon.
b. Motion for a bill or particulars
c. motion for new trial, or for reconsideration of a judgment, or for reopening of trial; d. petition for relief from judgment;
e. motion for extension of time to file pleading, affidavits, or any other paper; f. memoranda;
g. petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; h. motion to declare the defendant in default;
i. dilatory motions for postponement; j. reply;
k. third-party complaints; l. interventions.
RULE 126 SEARCH AND SEIZURE