RULE 122

APPEAL

Section 1. Who may appeal. Any party may appeal from

or final order, unless the accused will be
a judgment jeopardy. (2a)
placed in double
It is settled that in a criminal case, an appeal throws the
whole case open for review, and it becomes the duty of the
appellate court to correct such errors as may be found in the
judgment appealed from, whether they are made the subject of
the assignment of errors or not. 629 The appeal confers the
appellate court full jurisdiction over the case and renders such
court competent to examine records, revise the judgment appealed
from, increase the penalty and cite the proper provision of
630
penal law.

The right to appeal is neither a natural right nor is it

acomponent of due process. It is a mere statutory privilege,
and may be exercised only in the manner and in accordance
with the provisions of law." One who seeks to avail of the
night to appeal must comply strictly with the requirements of
the rules. Failure to do so often leads to the loss of the right
lo appeal 632

In Sideño v. People,055 the Supreme Court finds that a

thorough review and appreciation of the evidence presented
by the prosecution and the defense, as well as the determination of
the proper imposable penalties by the Sandiganbayan, is
necessary to assure Sideño that his appeal will be decided

People vs. Jabiniao, Jr.. G.R. No. 179499, [April 30, 2008].
8 People vs. XXX, G.R. No. 240750 (Resolution), (June 21, 2021.
62 People vs. Luspo, Jr. yLee, G.R. No. 224902 (Notice), [August 10, 2022].
633Vlamayor vs. Villamayor-Mosqueda, G.R. No. 204848 (Notice), [March 6, 2023].
G.R. No. 235640, (September 3, 2020).

411
 RULES ON CRIMNAL PROCEDURE RULE 122
ANNOTATED
412 Appeal 413

judiciously and
fairly. Where one's liberty is at stake, 2) if the judgment is for conviction and the
case-to-case basis. that a window
for il is the accused to appear was Without failure of
fitting. but on a justifiable cause 637
should be opened
for the accused, especially
in cases redress
where
ordinarily unfamiliar with OF THE SOLICITOR
the accused, who
is the rules OFFICE
GENERAL
by the mistake Or erTOr of his
procedure, is prejudiced deprivation of
of
of counsel 9It is the
Office of the Solicitor
or of the lower
court. The an accused General
authority to represent the People which possesses
andor property
should certainly receive the liberty
liberal application requisite
in
the criminal aspect offa case. The OSG is the law anoffice
the appeal on
of the
Court to attain justice and fairness.
of the Rules of whose specific powers and functions
of representing the Republic and/or the People include
Government

CASE before that

any
THEORY OF THE
court in any
action which affects the welfare of the people as
and orderly mental the ends ofjustice may require.
638

constructed arrangement
Acomprehensive of
principle and facts, conceived and for the
of securing a judgnent or decree of a court in favorpurpose
of a The rationale therefor is rooted in the principle that the
litigant: the particular line of reasoning of either party to a party affected by the dismissal of the criminal action is the
not the petitioners who are
suit, the purpose being to bring together certain facts of the People and mere complaining
The People are deemed as the
case in a logical sequence and to correlate them in a way that witnesses. real parties in
maker's mind a definite interest in the criminal case, and therefore, only the OSG can
produces in the decision result or
conclusion favored by the advocate, 634 represent themin proceeding pending in the Court of Appeals
or in the Supreme Court. Corollary thereto, an appeal of the
Aparty cannot change his theory on appeal nor raise in criminal case not filed by the People as re
639 represented by the
the appellate court any question of law or of fact that wasS not OSG is perforce dismissible. ®* However, jurisprudence lays
raised in the court below or which was not within the issue down two exceptions where a private complainant or offended
raised by the parties in their pleadings because this would be party in acrinminal case may file apetition directly with the SC.
offensive to the basic rules of fair play, justice and due process.35 The two exceptions are: (1) when there is denial of due
WHO MAY APPEAL? nrocess of law to the prosecution and the State or its agents
refuse to act on the case to the prejudice of the State and the
Any party may appeal from a judgment or final order Drivate offended party, and (2) when the private offended party
ouestions the civil aspect of a decision of a lower court.o0
UNLESS:
Section 2. Where to appeal. The appeal may be taken
1) the accused will be placed in double jeopardy;° or as follows:

61 Section 6, Rule 120

634 Black's Law Dictionary, 9th ed. 3s Burgos, Jr. vs. Sps. Naval, G.R. No. 219468, 08 June 2016
636
People vs. Mamaril, G R. No. 171980, (October 6, 2010]. o People vs. Piccio, G.R No. 193681, 06 August 2014
636 640
Section I, Rule 22. Heirs of Delgado vs. Gonzalez, supra.
 RULES ON CRIMINAL PROCEDURE
414 ANNOTATED RULE 122
Appeal 415

Regional Trial Court, in cases

(a) Tothe Trial CCourt,
the Metropolitan Trial Court,Municipal
decided by
Trial
its appellate jurisdiction
review under Rule 42.
shall be by
petition for
in Cities, Municipal or Municipal CiCourt
Trial Court; rcuit (c) The appeal in cases where the penalty
to the the Regional Trial Court is reclusion imposed by
(b) To the Court of Appeals or Supreme imprisonment or where a lesser perpetua, life
in the proper cases
provided by law, in cases Court offenses committed on
penalty is
the same occasion imposed
by the Regional TrialCourt;
and decided olr for
arose out of the same occurrence that gave
or which

(c) To the Supreme Court, in cases decided by more serious offense for which the penalty rise to the
of death,
Court of Appeals. (1a) the reclusion perpetua, or life imprisonment is imposed,
p shall be by notice of appeal to the Court of
WHERE TO APPEAL? accordance with paragraph (a) of this Rule. Appeals in
() Nonotice of appeal is necessary in cases where the
The appeal may be taken as follows:
Regional Trial Court imposed the death penalty. The
1. To the Regional Trial Courtt - in cases
decided Court of Appeals shall automatically review the
the Metropolitan Trial Court, Municipal Trial Courtby iudgment as provided in Section 10of this Rule. (3a)
in Cities, Municipal Trial Court, or Municipal Circuit iouA (A.M. No. 00-5-03-SC, [September 28, 2004|)
Trial Court;
HOW APPEAL IS TAKEN?
2. To the Court of Appeals or to the Supreme Court
in the proper cases provided by law in cases 1. The appeal to the Regional Trial Court, or to the
decided by the Regional Trial Court; and Court of Appeals in cases decided by the Regional
3. To the Supreme Court, in cases decided by the Trial Court in the exercise of its original jurisdiction,
shall be by NOTICE OF APPEAL FILED WITH
Court of Appeals. THE COURT WHICH RENDERED THE JUDGMENT
Section 3. How appeal taken. b or final order appealed from and by serving a copy
thereof upon the adverse party.
(a) The appeal to the Regional Trial Court, or to the
Court of Appeals in cases decided by the Regional ns 2. The appeal to the Court of Appeals in cases decided
Trial Court in the exercise of its original jurisdiction, adby the Regional Trial Court in the exercise of its
shall be by notice of appeal filed with the court which KRCKI appellate jurisdiction shall be by PETITION FOR
rendered the judgment or final order appealed from sbint, REVIEW under Rule 42.
and by serving a copy thereof upon the adverse party. r3. The appeal in cases where the penalty imposed by
(b) The appeal to the Court of Appeals in cases the Regional Trial Court is reclusion perpetua, life
decided by the Regional Trial Court in the exercise of imprisonment or where a lesser penalty is imposed
for offenses commited on the same occasion or
 ON CRIMINAL PROCEDURE RULE 122
RULES

416
ANNOTATED Appeal 417

out of the same OCcuITeNce notice to the notice of the

which arose hal
more serious
rise to the
offense for which
reclusion perpetua, or life
the gavC
penaltyis
adverse
party
order overruling
of death,
inposed, shall
be by notice of appeal toimprisonment
the Court of Regional Trial Court of Petition for
the motion shall
have been
accordance with paragraph (a) of this
Appeals in Rule. Court(appellate
Appeals Review served upon the
4. No notice of appeal is necessary in cases where the j u r i s d i c t i o n ) [Rule 42] accused or his
imposed the death Counsel at
Regional Trial Court penalty. Court of Notice of
automatically review The
Regional Trial which time the
shall
Court of Appeals the Court (where Appeals Appeal balance of the
judgment as providedin Section 10 of this Rule.
penalty 1. File notice period begins to
SUMMARY OF APPEAL IN CRIMINAL CASES imposed is of appeal run.
reclusion

with the
MODE OF perpetua, life
DECISION
APPEAL
APPEAL
PERIOD TO RTC;
OF TO FILE imprisonment

APPEAL or where a 2. Serve

lesser penalty copy of
Regional Notice of An appeal must
Metropolitan is imposed but notice to the
Trial Court, Trial Court Appeal: be taken within for offenses adverse
Municipal 1. File notice fifteen (15) committed on party
Trial Court in
of appeal days from: the same
Cities, with the MTC; Occasion or
a. promulgation
Municipal of the judgment or which arose
Trial Court, or 2. Serve out of the same
Municipal copy of b. notice of the OCcurrence

Circuit Trial notice to the final order that gave rise

Court adverse party appealed from. to the more
serious offense
RegionalTrial Court of Notice of This period for
perfecting an for which dcath,
Court (original Appeals Appeal
reclusion
jurisdiction) appeal shall be
1. File notice
SUSPENDED |perpetua, or life
of appeal from the time a imprisonment
with the is imposed)
motion for new
RTC; trial or
2. Serve reconsideration
copy of is filed until
 RULES ON CRIMINAL PROCEDURE RULE 122
418
ANNOTATED
Appeal 419

Court of Automatic TAKE NOTE:

Regional Trial Review automatic
Court (where
Appeals review and In any event, error in indicating
in the notice of
death penalty under Sec.
10, Rule 122
judgment within
wenty days but
appeal the court to which the appeal is being
is not fatal to the appeal. The
is imposed)
not earlier than
interposed

designation
wTOng court does not necessarily affect the validity ofof thé
the
fifteen days hotice of
appeal 641
from the
Publication of notice of appeal. - If
promulgation
the judgment orof
Section 4. personal
service offthe copy of the notice of appeal can not be made
notice of denial uponthe adverse party or his counsel, service may be done
of a motion registered mail or by substituted service pursuant to
new trial or for by
sections 7 and18 of Rule 13. (4a)
reconsideration, PUBLICATION OF NOTICE OF APPEAL
Petition for
Court of Supreme Within 15 days
Court review on from notice of GENERAL RULE:
Appeals Certiorari
(where penalty
under Rule
judgment or
final order or The copy of the notice of appeal must be served upon the
imposed is or his counsel by personal service.
other than 45 notice of the adverse party
death, denial of motion EXCEPTION:

reclusion for new trial or

motion for If personal service of the copy of the notice of appeal
perpetua or life cannot be made upon the adverse party or his counsel, service
imprisonment) reconsideration.
may be done by registered mail or by substituted service.
An extension of
30 days may be REGISTERED MAIL642
granted, subject
to the court's Service by registered mail shall be made by:
discretion
1. depositing the copy in the post office;
Court of Supreme Notice of Automatic
Review
2. the deposited copy must be:
Appeals Court Appeal
(where penalty a. in a sealed envelope,
File a notice
imposed is
reclusion of appeal
with the CA
pepetua, or life
imprisonment) 4 Sideño vs. People, G.R. No. 235640, (September 3, 2020].
42
Section 7, Rule 13.
 RULES ON CCRIMINAL PROCEDURE
420 ANNOTATED RULE 122
Appeal 421

addressed to the party or to

b. plainly he WAIVER OF NOTICE
counscl at his or her office, if party's
knowin, otherwi
at his or her residence, if known se The appcllec may waive his right to a
and been taken, The appcllate court notice that an appeal
3. with postage fully pre-paid, has may. in its discretion.
the postmaster 10
entertain an appeal notwithstanding
failure to give such notice
4. with instructions to return the majl interests of justice so require.
ifthe
to the sender after (10)
ten calendar
days if
TAKE NOTE:
undelivered. Section 6. When appeal to be taken.
An
appeal must be
fifteen (15) days from
within
taken
promulgation
judgment or from notice of the final order
of the
If no registry service is available in the appealed
servicelocality
cither the sender or the addressee, of This period for perfecting an appeal shall be
from.
may be from the time
a motion for new trial or suspended
done by ordinary mail.
filed until notice
of the order overrulingreconsideration is
the motion
SUBSTITUTED SERVICE4 have been
served upon the accused or his counsel at shall
balance of the period begins to run. which
time the (6a)
Substituted service of pleadings, motions. notices,
orders and other paper CAN BE MADE BY
resolutions, WHEN MUST APPEAL BE TAKEN?
THE COPY to the clerk of court, provided that:DELIVEERING
An appeal must be taken within fifteen (15) days from
1. service cannot be made by personal service promulgation of the judgment or from notice of the final order
registered mail: or by appealed from.
) the office and place of residence of the party of his This period for perfecting an appeal shall be suspended
or her counsel being unknown; and From the time a motion for new trial or reconsideration is filed
ntil notice of the order overruling the motion shall have been
3. proof of failure of both personal service and service
by mail.
served upon the accused or his counsel at which time the
balance of the period begins to run.
Section 5. Waiver of notice. -The appellee may waive his RIGHT TO APPEAL
right to a notice that an appeal has been taken, The
appellate court may, in its discretion, entertain an appeal The right to appeal is not a natural right and is not
notwithstanding failure to give such notice if the interests part of due process. It is merely a statutory privilege, and may
of justice s0 require. (5a) be exercised only in accordance with the law. The party who
seeks to avail of the same must comply with the requirements 644
of the Rules. Failing to do so, the right to appeal is lost.

64
Section 8, Rule 13
* Dimarucot vs. People. G.R No. 183975, September 20, 2010.
 CRIMINAL I PROCEDURE RULE 122
RULES ON
ANNOTATED
Appeal 423
422

In Ramirez v People,° he Supreme Court Iheld that the In Yu v. Samson-Tatad47 the

Supreme Court
reconsideration,

appellate court was already bereft of any jurisdiction 1o entertain that while Neypes involved the period
to appealto
pronounced

the motion. Here, the judgment convicting he petitioncr of ncivil cases, the SC's pronouncement of a "fresh period"

Estafa was
on March
promulgated
25, 2009.
should
equally apply to the period for
the crime of
appeal appeal in
of appeal within fifteen criminal cases.
filing a notice
from theofpromulgation or notice of judgment, the petitioner
Instead (15) days
The raison d'être for the "fresh period rule" is
filed with the RTC a motion to lift warrant of arrest and to to
reinstate bail bond three (3) months later. It was only in standardize the appeal period provided in the Rules and do
away with the confusion as to when the 15-day appeal period
November 2010 or more than a year later since the RTC
be counted. Thus, the 15-day period to appeal is
denied her motion that the petitioner filed with the CA her longer interrupted by the filing of a motion for new trial noor
should

motion to admit notice

of appeal. At that point, her
of conviction has already attained finality and cannot be judgment motion for reconsideration; litigants today need not concern
with counting the balance of the 15-day
period to
anymore in accordance with
themselves

modified or set aside

Revised Rules of Criminal
Section 7,
Procedure.
appeal since the 15-day period is now counted from receipt of
Rule 120 of the the order
dismissing a motion for new trial or motion for
aconsideration or any final order or resolution.64648
APPLICATION OF THE FRESH PERIOD RULE TO
CRIMINAL CASES Ilystration: On May 26, 2020, the Regional Trial Court
convicted Maria for the crime of estafa. Fourteen (14) days
In the case of Neypes v. Court of Appeals. 646 the later, or on June 9, 2020, Maria filed a Motion for New Trial,
Supreme Court deems it practical to allow a fresh period of 15 alleging that she discovered new and material evidence. On
days within which to file the notice of appeal in the Regional October 17, 2020, RTC Judge denied Maria's motion for new
Trial Court, counted from receipt of the order dismissing a ial for lack of merit. On November 3, 2020, Maria received
motion for a new trial or motion for reconsideration, The ne the denial of her motion for new trial. Consequently, on
rule aims to regiment or make the appeal period unifon to November 16, 2020, Maria filed a notice of appeal with the
be counted from receipt of the order denying the motion for RTC. Here, Maria seasonably filed her notice of appeal on
new trial, motion for reconsideration (whether full or nartial) November 16, 2020, within the fresh period of 15 days,
or any final order or resolution. counted from November 3, 2020, the date of receipt of notice
The reckoning period for the application of the fresh denying her Motion for New trial.
period rule is that a party litigant may either file his notice of Section 7. Transcribing and filing notes of stenographic
appeal within 15 days from receipt of the Regional Trial reporter upon appeal. - When notice of appeal is filed by
Court's decision or file it within 15 days from receipt of the the accused, the trial court shall direct the stenographic
final order denying his motion for new trial or motion for reporter to transeribe his notes of the proceedings. When
filed by the People of the Philippines, the trial court shall
645
G.R No. 197832, 02 October 2013. # GR. No. 170979, (February 9, 2011).
6 GR No 141524. [September 14, 2005]. 8 Thid.
 CRIMINAL PROCEDURE RULE 122
RULES ON
ANNOTATED
Appeal 425
424

direct the stenographic reporter to transcrilbe such portion

2. Ifdeath penalty is imposed, the stenographic reporter shall:
of his notes of the proceedings as the court, upon m
motion,
shall specify in writing. The stenographic reporter shall . within thirty (30) days from promulgation of
the sentence
the notes and
correctness of the
certify to the ofithe original and transcript L fle with the clerk original and four
four copies withfourthe copies,
shall consist copies of
and shallwhich
thereof, file the original and clerk duly certified transcript of his notes of the the
delay. If death penalty is proceedings.
without
the
unnecessary
stenographic reporter shall, within thirty (330) days imposed, No extension of time for filing of said transcript of
from promulgation of the sentence, file with the clerk
original and four copies of the duly certified transcript of stenographic noteS Shall be granted except by the
his notes of the proceedings. No extension of time for filing Sunreme Court and only upon justifiable grounds.
transcript of stenographic notes shall be Section 8. Transmission of papers to appellate court upon
said by
ofexcept granted
the Supreme Court and only upon justifiable
4ppeal. Within five (5) days from the filing of the notice
grounds. (7a) the clerk ofthe court with whom the notice of
of appeal,
appeal was filed must transmit to the clerk of court of the
TRANSCRIPTION
appellate court the complete record of the case, together
with said notice. The original and three copies of the transcript
When notice of appeal is filed by the accused. the + . together with the records, shall also
court shall direct the stenographic reporter to transcribe bis of stenographictonotes,
transmitted the clerk of the appellate court without
notes of the proceedings. be
andue delay. The other copy of the transcript shall remain
When fled by the People of the Philippines, the trial in the lower court. (8a)
court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon TRANSMISSION OF PAPERS TO APPELLATE COURT
motion, shall specify in writing.
Within five (5) days from the filing of the notice of
DUTY OF THE STENOGRAPHER appeal, the clerk of the court with whom the notice of appeal
was filed must transmit to the clerk of court of the appellate
The stenographic reporter shall: court the complete record of the case, together with said
1. certify to the correctness of the notes and the notice. The original and three copies of the transcript of
transcript thereof stenographic notes, together with the records, shall also be
transmitted to the clerk of the appellate court without undue
a. consisting of the original and four copies, and delay. The other copy of the transcript shall remain in the
lower court.
b. file the original and four copies with the clerk
without unnecessary delay.
 PROCEDUR
RULES ON CRIMMNAL RULE 122
ANNOTATED
426 Appeal 427

the Regional Trial Courts. TAKE NOTE:

Section 9.Appealto
(5) days from perfection of The failure to file the
(a) Within five
appeal, the clerk
of court shall transmit
the the ground for the RTC to memorandum on appeal is a
record to theappropriate Regional Trial Court,original dismiss
cases. The same rule does not apply theappeal
in
only in
Section 9(c). of Rule 122 imposes criminal cases.
civil
of the complete record of on the
(b) Upon receipt exhibits, the clerk basis of the entire RTC the
because

the decide the appeal "on the

transcripts and of court of case,
shall notify the parties of such the
dutyto
and of such memoranda or record of
briefs as may have been
Regional Trial Court the case
submission of the appellate
fact. fled" upon
the
(c) Within fifteen (15) days from receipt of
the said or uponthe expiration of the period to filememoranda
the same.or Hence,
briefs.
notice, the parties may submit memoranda oor dismissal of the petitioner's appeal
cannotonbeappeal.
Trial Court briefs, properly
the
or may be required by the Regional
premised on the failure to file the memorandum 649
s0. After the submission of such memorandato do
briefs, or upon the expiration of the period to file the
Section 10. Transmission of records in case of death
In all cases where the death penalty is imposed
same, the Regional Trial Court shall decide the penalty.
on the basis of the entire record of the case and of
case by the trial court, the records shall be forwarded to the
such memoranda or briefs as may have been Court of Appeals for automatic review and judgment
filed. (9a) within twenty days but not earlier than fifteen days from
APPEAL TO THE REGIONAL TRIAL COURTS the promulgation of the judgment or notice of denial of a
motion for new trial or reconsideration. The transcript
1. Within five (5) days from perfection of the appeal, all also be forwarded within ten days after the filing
the clerk of court
shall transmit the original record to thereof by the stenographic reporter. (10a) (A.M. No. 00
the appropriate Regional Trial Court. 5-03-SC, [September 28, 2004)
2. Upon receipt of the complete record of the case TRANSMISSION OF RECORDS IN CASE OF DEATH
transcripts and exhibits, the clerk of court of the PENALTY
Regional Trial Court shall notify the parties of such fact.
3. Within fifteen (15) days from receipt of the said In all cases where the death penalty is imposed by the
notice, the parties may submit memoranda or briefs. trial court, the records shall be forwarded to the Court of
or may be required by the Regional Trial Court to do Appeals for automatic review and judgment within twenty
So. After the submission of such memoranda or days but not earlier than fifteen days from the promulgation
briefs, or upon the expiration of the period to file the of the judgment or notice of denial of a motion for new trial or
reconsideration.
same, the Regional Trial Court shall decide the case
on the basis of the entire record of the case and of The transcript shall also be forwarded within ten days
such memoranda or briefs as may have been filed. after the filing thereof by the stenographic reporter.
9 Sanico vs. People, 754 SCRA 416, G.R. No. 198753 March 25, 2015.
 RULE 122
CRIMINAL PROCEDURE Appeal 429
RULES (ON
A N N O T A T E D

428

(c) Upon perfection of the appeal, the execution of the

PROCEDURE IN CRIMINAL CASES WHCRE THE Or final order appealed
judgment from shall be
PENALTY
LIFE IMPRISONMENT
IS DEATH,
RECLUSION
PERPETUA, OR stayed. as to the appealing party. (1la)
EFFECT OF. APPEAL BY / ANY OF SEVERAL ACCUSED
the Supreme Court in cases wherc
The appeal to Regional Trial | Court is death, the
pepetua, by the
penalty or life imprisonnent, or where a lesser penalty is
imposed Reclusion 1. An appeal taken by one or more of several accused
shall not affect those who did not appeal, EXCEPT
committed on the same
which arose
imposcd
offenses occasion
out of the sanne occurTence that gave rise to theor
but for insofar as the judgment of the appellate court is
favorable and applicable to the latter:
offense for which the penalty of
death,be
more serious
Reclusion perpetua, or lifeimprisonment is imposed, shall of the offended party from the civil
2. The appeal
aspect shall not affect the criminal aspect of the
of appeal.°" No notice of appeal is necessary
by filing a notice
the death penalty is imposed by the judgment or order appealed from.
in cases where Regional
automatically reviewed
same shall be by the
Trial Court. The aUpon perfection of the appeal, the execution of the
Supreme Court.651 judgment or final order appealed from shall be
HOWEVER, in the Administrative Circular No: 20 stayed as to the appcaling party.
2005, the Supreme Court
2005 issued on April 19, forward to the Court of directed Aliteral interpretation of the phrase "did not appeal"
the Regional Trial Courts to Appeals
which are covered by Automatic should be read in its entirety and should not be myopically
the Records of the Cases Construed so as to defeat its reason, i.e., to benefit the accused
Review or Regular Appeal. uho did not join in the appeal of his652co-accused in case where
favorable.
Section 11. Effect of appealby any of several accused, the appellate judgment is
(a) An appeal taken by one or more of several Section 12. Withdrawal of appeal. - Notwithstanding the
accused shall not affect those wh0 did not appeal, perfection of the appeal, the Regional Trial Court.
except insofar as the judgment of the appellate court Metropolitan Trial Court, Municipal Trial Court in Cities,
is favorable and applicable to the latter; Municipal Trial Court, or Municipal Circuit Trial Court,
(b) The appeal of the offended party from the civil as the case may be, may allow the appellant to withdraw
aspect shall not affect the criminal aspect of the his appeal before the record has been forwarded by the
judgment or order appealed from. clerk of court to the proper appellate court as provided in
section 8, in which case the judgment shall become final.
The Regional Trial Court may also, in its discretion, allow
the appellant from the judgment of a Mletropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial
e Section 3(c). Revised Rules of Criminal Procedure, A.M. No. 00-5-03-SC. [October
3, 2000).
Section 3d), Tbid. * Lim vs. Court of Appeals, 49|SCRA 3S5, G R No. 147524 June 20, 2006.
 CRIMINAL
PROCEDURp RULE 122
RULES ON ANNOTATED 431
430 Appeal

Court, or Municipal Circuit Trial Court to withdraw his APPOINTMENT OF COUNSEL DE OFFICIO
appeal, provided a motion to that effect is filed before
rendition of the judgment in the case on appeal, in which It shall be the duty of the clerk of the trial court, upon
filing of a notice of appeal, to ascertain from the appellant, if
casethejudgment of the court of origin shall become final
and the case shal be remanded to the latter court for confined in prison, whether he desires the Regional Trial
Court, Court of Appeals or the Supreme Court to appoint a
judgment.(12a)
execution of the counsel de oficio to defend him and to transmit with the
WITHDRAWAL OF APPEAL
record on a form to be prepared by the clerk of court of the
appellate Court, a certificate of compliance with this duty and
Notwithstanding the perfection of the appeal, the of the
response of the appellant to his inquiry.
Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court, as the case may be, may allow the
appellant to withdraw his appeal before the record has been
forwarded by the clerk of court to the proper appellate Court
as provided in section 8, in which case the judgment shall
become final.

The Regional Trial Court may also, in its discretion

allow the appellant from the judgment of a Metropolitan Tria
Court, Municipal Trial Court in Cities, Municipal Trial Court,
or Municipal Circuit Trial Court to withdraw his appeal,
provided a motion to that effect is filed before rendition of:
judgment in the case on appeal, in which case the judgment of
the court of origin shall become final and the case shall be
remanded to the latter court for execution of the judgment.
Section 13. Appointment of counsel de oficio for accused on
appeal. It shall be the duty of the clerk of the trial
court, upon filing of a notice of appeal, to ascertain from
the appellant, if confined in prison, whether he desires the
Regional Trial Court, Court of Appeals or the Supreme
Court to appoint a counsel de oficio to defend him and to
transmit with the record on a form to be prepared by the
clerk of court of the appellate court, a certificate of
compliance with this duty and of the response of the
appellant to his inquiry. (13a)