Criminal
Procedure and
Court
Testimony
appeal
CHAPTER 9
DEFINITION OF
APPEAL
• Is the proceeding
for review by which
the whole case is
transferred to a
higher court for
final determination.
• The right to appeal is
merely statutory, it is a
remedy which the
legislative may in its
discretion grant or take
NATURE OF THE away, and it may prescribe
in what cases, under what
RIGHT TO circumstances and from
what court, appeals may
APPEAL
be taken, and unless the
statute expressly or by plain
implication provides for an
appeal from a judgment of
a court of inferior
jurisdiction, none can be
taken.
WHO MAY
APPEAL
• Any party may appeal from
a judgment or final order,
unless the accused will be
placed in double jeopardy.
[Section 1, Rule 122)
As a GENERAL
• a judgment of acquittal cannot be
appealed or subjected to
RULE modification, considering the right of
the accused against double jeopardy.
Exception - Cases
Where Appeal In
Cases Of When there is no double
Acquittal May Be jeopardy.
Availed Of:
The prosecution was deprived
of right to due process.
Appeal with respect to civil
liability (civil aspect of the case)
Where to appeal:(sec.2,rule122)
a) Decision decided by the metropolitan tria court, municipal trial court
in cities, municipal trial shall be appealed to the Regional trial court
(MTC/MCTCRTC);
b) Decision of the regional trial court shall be appealed to the court of
appeals or the supreme in proper cases provided by law (RTC-CA/SC);
c) Decision of the court of appeals shall be appealed to supreme court
(CA-SC)
APPELLATE JURISDICTION OF
SANDIGANBAYAN:
• Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of Regional Trial Court (RTC) whether in the
exercise of their own original jurisdiction or their appellate jurisdiction in
government related cases as provided in Section 4, P. D. No. 1606, as
amended by R. A. No. 8249.
• b) The Sandiganbayan shall exercise exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition, certiorari,
habeas corpus, injunction and other ancillary writs and processes in aid of
its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed
under Executive Order Nos. 1, 2, 14, 14-A, issued in 1986: Provided, that the
jurisdiction over these petitions shall not be exclusive to the Supreme Court.
APPELLATE JURISDICTION OF SUPREME
COURT (SC):
a) All criminal cases involving offenses for which the penalty imposed
is death or life imprisonment;
b) All cases in which the constitutionality or validity of any treaty, law,
ordinance, executive order or regulation is in question;
c) All cases in which the jurisdiction of any inferior court is in issue
d) All other cases in which only errors or question of law are involved.
e) all criminal cases in which the penalty imposed is reclusion
perpetua or higher
Appeal from judgment of the
RTC to the CA in the exercise of
its original jurisdiction shall be
made by filing a notice of
appeal.
How to Manner of appeal shall be by
notice of appeal to be filed with
appeal the the court which rendered the
decision, and by furnishing a
judgment:(s copy to the adverse party
ec.3,rule122 Appeal from the judgment of
) RTC to the CA in the exercise of
appellate jurisdiction shall be
made by filing a petition for
review under rule 42.
MODES OF APPEAL:
(a) Ordinary appeal;
(b) Petition for review;
(c) Petition for review on certiorari; and
(d) Automatic appeal
ORDINARY
APPEAL
• (a) From the judgment or final order of the Metropolitan Trial Court
(MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court
(MTC), or Municipal Circuit Trial Court (MCTC) to the Regional Trial
Court (RTC);
• (b) From the judgment or final order of the Regional Trial Court
(RTC) rendered in the exercise of its original jurisdiction to the
Court of Appeals (CA);
• (c) From the judgment or final order of the Regional Trial Court
(RTC) rendered in the exercise of its original jurisdiction over public
officers and employees, as provided in P. D. No. 1606, as
amended by R. A. No. 8249, to the Sandiganbayan;
• (d) From the judgment of the Regional Trial Court (RTC) in cases
where the penalty imposed is reclusion perpetua or life
imprisonment, or where a lesser penalty is imposed but involving
offenses committed on the same occasion or arising 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
PETITION FOR REVIEW:
• The appeal to the Court of Appeals in cases decided by
the Regional Trial Court in the exercise of its appellate
jurisdiction.
PETITION FOR REVIEW ON CERTIORARI
a) All cases in which the constitutionality or validity of any treaty,
law, ordinance, executive order or regulation is in question;
b) All cases in which the jurisdiction of any inferior court is in issue;
c) All other cases in which only errors or question of law are
involved.
AUTOMATIC APPEAL
a) In cases where the death penalty is imposed by the Regional Trial Court. The
same shall be automatically reviewed by the Supreme Court.
b) In all cases where the death penalty is imposed by the trial court, the records
shall be forwarded to the Supreme Court for automatic review and judgment
within five (5) days after the fifteenth (15) day following the promulgation of the
judgment or notice of denial of a motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the filing thereof by the
stenographic reporter. [Section 10, Rule 122)
• An appeal must be taken within fifteen
(15) days from promulgation of the
judgment or from notice of the final
WHEN
order appealed from.
• This period for perfecting an appeal
APPEAL MAY shall be suspended from the time a
motion for new trial or reconsideration
BE TAKEN 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. [Section 6, Rule 122].
EFFECT OF APPEAL BY ANY OF SEVERAL
ACCUSED:
• Any one of the accused may appeal from a judgment of
conviction, but such appeal shall have the following
effect:
a) The execution of the judgment of conviction or order
appealed from shall be stayed upon the perfection of
appeal;
b) b) It shall not affect those who did not appeal, except
insofar as the judgment of the appellate court is
favorable and applicable to the latter.
