Rule 122 APPEALS Appeal is NOT a Natural Right The right to appeal is merely a statutory privilege but once

granted by law, its suppression would be a violation of the due process. Who May Appeal Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy (Sec. 1, Rule 122, RoC) When the accused appeals a judgment of conviction, he waives the protection on the prohibition against double jeopardy and runs the risk of being sentenced to a higher than that imposed by the trial court. In criminal cases, the SOLICITOR GENERAL is regarded as the appellate counsel of the People of the Philippines and should be given the opportunity to be heard in behalf of the People. Subject Matter for Review on Appeal 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, wheter or not they are made the subject of the assignment of errors. Change of Theory on Appeal The Supreme Court held that points of law, theories, issues and arguments not adequately brought to the attention of the trial court ordinarily will not be considered by a reviewing court as they cannot be raised for the first time on appeal because this would be offensive to the basic rule of fairplay, justice and due process (People vs. Mamaril, GR No. 171980). Factual Findings; credibility of Witness Established Rule: Trial Courts factual findings including its assessment of the credibility of the witnesses, the probative weight of their testimonies, and the conclusions drawn from the factual findings are accorded great respect and even conclusive effect if duly supported by evidence. These factual findings and conclusions assume greater weight if they are affirmed by the Court of Appeals. The Trial Court is in a better position than the appellate court to evaluate testimonial evidence properly.

Assessment of the Credibility of the Witness abd their testimonies is best undertaken by a Trial Court. Exception: Such findings are not disturbed on appeal in the absence of any clear showing that the trial court overlooked, misunderstood or misapplied facts or circumstances of weight and substance which would have affected the results of the case Where to Appeal The appeal may be taken as follows: a. To the REGIONAL TRIAL COURT In cases decided by the Metropolitan Trial Court, Municipal Trial Court in the Cities, Municipal Trial Court, or Municipal Circuit Trial Court.

b. To the COURT OF APPEALS or to the SUPREME COURT In cases decided by the Court of Appeals

c.

To the SUPREME COURT In cases provided for by law, in cases decided by the Regional Trial Court.

How to Appeal a. When the judgment appealed from is that of the Municipal Trial Court, the appeal shall be to the Regional Trial Court by Notice of Appeal filed with court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.

b. When the judgment appealed from is that of the Regional Trial Court, the appeal shall be to the Court of Appeals by filing a petition for review with said court under Rules 42.

c. When the penalty imposed by the RTC is 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 a more serious offense for which the penalty for death, reclusion perpetua or life imprisonment is imposed, the appeal shall be by notice of appeal to the Court of Appeals.

d. No notice of appeal is necessary where the RTC

imposed the death penalty. The court of appeals shall automatically review the judgment as provided in Sec. 10 of Rule 122, RoC.

Regional Trial Court to do so. After such submission, or upon the expiration of the period to file the same, the RTC shall decode the case o the basis of the entire records of the case and such memoranda or briefs as may have been filed (Sec. 9, Rule 122, RoC).

e. When the appeal is from the decision of the Court of Appeals, the appeal is generally made by filing a petition for review on certiorari under Rule 45 with the Supreme Court,

Withdrawal of Appeal If an appeal has been perfected from the MTC to the RTC, the appeal may be withdrawn when so allowed by the MTC as long as the record has not been transmitted or forwarded to the appellate court (RTC). When the appeal is withdrawn, the judgment becomes final (Sec, 12, Rule 122, RoC). If withdrawal is sought when the case is already on appeal, the RTC may allow the appellant to withdraw his appeal provided: a. A Motion to Withdraw is filed, b. The Motion is filed before the RTC renders judgment on the appeal. Appeal NOT Mooted by Accuseds Release on Parole Appeal was not mooted by accused-appellants release on parole. Parole: conditional release of an offender from a correctional institution after he serves the minimum term of his prison sentence. Parole is not one of the modes of totally extinguishing criminal liability (People vs Abesamis, 531 SCRA 300). Effect on Appeal by Any of Several Accused An appeal taken by one or more of several accused shall not affect those who did not appeal, except in so far as the judgment of the appellate court is favorable and applicable to the latter. Appeal from the Civil Aspect The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from (Sec. 11b, Rule 122, RoC). Period to Apply for Probation An application for probation must be made within the period for perfecting an appeal which is, under Sec. 6 or Rule 122, within 15 days from the promulgation of the judgment or from the Notice of the Final Order appealed from, and the filing of the application after the time of appeal has lapsed is injurious to the recourse of the appellant.

f. In cases, however, where the CA imposes reclusion

perpetua, or life imprisonment or a lesser penalty, the judgment of Court of Appeals may be appealed to the Supreme Court by Notice of Appeal filed with the Court of Appeals (Sec. 13, Rule 124 of RoC). When Appeal is to be Taken An appeal must be taken within fifteen (15) days from promulgation of judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a Motion for New Trial or Reconsideration is filed until Notice of the Order overruling the Motion has been served upon the accused or his counsel at which time the balance of the period begins to run (Sec. 6. Rule 122, RoC). Service of Notice of Appeal Notice of Appeal shall be served upon the adverse party or his counsel by Personal Service. If this type of service cannot be made, service may be done by Registered Mail or by Substitute Service pursuant to Sec 7 and 8 of Rule 13 (Sec. 4, Rule 122, RoC). Transmission of Papers to Appellate Court (RTC) Within 5 days from the filing of the Notice of Appeal, the Clerk of Court with whom the Notice of Appeal was filed must transmit to the Clerk of Court of the Appellate Court, the complete record of the case, together with the Notice of Appeal. The original 3 copies of the stenographic notes shall be transmitted. A copy of the transcript shall relamain in the lower court (Sec. 8, Rule 122, RoC). If the Appellate Court is the Regional Trial Court, upon receipt of the complete record of the case, transcripts and exhibits, the Clerk of Court of the Regional Trial Court shall notify the parties of such fact (Sec. 9b, Rule 122, RoC). Within 15 days from receipt of said notice, the parties may submit memoranda or briefs, or may be required by the

Stay of Execution Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party (Sec. 11c, Rule 122, RoC). The benefit of the stay of action afforded to co-accused who timely files an appeal cannot be extended to those who failed to file the same.