APPEAL (RULE 122)

Appeal is not a natural right nor part of due process, but merely it is a statutory privilege.
As a consequence, the right to appeal may be exercised only in the manner and in accordance
with the provisions of law.

Who may appeal (Sec. 1)

- Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy.

Where to appeal (Sec. 2)

- 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 Cities, Municipal Trial Court, or Municipal Circuit Trial Court;
b. To the Court of Appeals or to the Supreme Court in the proper cases provided by
law, in cases decided by the Regional Trial Court; and
c. To the Supreme Court, in cases decided by the Court of Appeals.

How appeal taken (Sec. 3)

(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional
Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the
court which rendered the judgment or final order appealed from and by serving a copy thereof upon
the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be by petition for review under Rule 42.

Section 1. Rule 42: How appeal taken; time for filing.

- A party desiring to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction may file a verified
petition for review with the Court of Appeals, paying at the same time to
the clerk of said court the corresponding docket and other lawful fees,
depositing the amount of P500.00 for costs, and furnishing the Regional
Trial Court and the adverse party with a copy of the petition.
- The petition shall be filed and served within fifteen (15) days from notice
of the decision sought to be reviewed or of the denial of petitioner's
motion for new trial or reconsideration filed in due time after judgment.
- Upon proper motion and the payment of the full amount of the docket
and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Court of Appeals may grant an additional
period of fifteen (15) days only within which to file the petition for review.
No further extension shall be granted except for the most compelling
reason and in no case to exceed fifteen (15) days.

(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court
is death, 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 the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment
is imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial
Court. The same shall be automatically reviewed by the Supreme Court as provided in section 10 of
this Rule.

(e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme
Court shall be by petition for review on certiorari under Rules 45.

Filing of petition with Supreme Court. — A party desiring to appeal by certiorari

from a judgment or final order or resolution of the Court of Appeals, the
Sandiganbayan, the Regional Trial Court or other courts whenever authorized by
law, may file with the Supreme Court a verified petition for review on certiorari.
The petition shall raise only questions of law which must be distinctly set forth.
(Sec. 1, rule 45)

When appeal to be taken (Sec. 6)

- An appeal must be taken within fifteen (15) days from promulgation of the 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 shall have been served
upon the accused or his counsel at which time the balance of the period begins to run.

Waiver of notice (Sec. 5)

- The appellee may waive his right to a notice that an appeal has been taken.
- The appellate court may, in its discretion, entertain an appeal notwithstanding failure to give
such notice if the interests of justice so require.

Effect of appeal by any of several accused (Sec. 11)

a. An appeal taken by one or more of several accused shall not affect those who did not appeal,
except insofar as the judgment of the appellate court is favorable and applicable to the latter;
b. The appeal of the offended party from the civil aspect shall not affect the criminal aspect of
the judgment or order appealed from.
c. Upon perfection of the appeal, the execution of the judgment or final order appealed from
shall be stayed as to the appealing party. (Stay of execution).

Transmission of papers to appellate court upon appeal (Sec. 8)

- Within five (5) days from the filing of the notice of appeal, the clerk of the 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 said notice.
- The original and three copies of the transcript of stenographic notes, together with the records,
shall also be transmitted to the clerk of the appellate court without undue delay. The other
copy of the transcript shall remain in the lower court.

Appeal to the Regional Trial Courts (Sec. 9)

(a) Within five (5) days from perfection of the appeal, the clerk of court shall transmit the original
record to the appropriate Regional Trial Court.

(b) 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.
(c) Within fifteen (15) days from receipt of the said notice, the parties may submit memoranda or
briefs, or may be required by the Regional Trial Court to do so. After the submission of such
memoranda or briefs, or upon the expiration of the period to file the same, the Regional Trial Court
shall decide the case on the basis of the entire record of the case and of such memoranda or briefs as
may have been filed.

Transmission of records in case of death penalty (Sec. 10)

- 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.

Withdrawal of appeal (Sec. 12)

- Notwithstanding the perfection of the appeal, the 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 Trial 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 the 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.

Publication of notice of appeal (Sec. 4)

- If personal service of the copy of the notice of appeal cannot be made upon the adverse party
or his counsel, service may be done by registered mail or by substituted service pursuant to
sections 7 and 8 of Rule 13.

Procedure in the Municipal Trial Courts (RULE 123)

Uniform Procedure (Sec. 1)

- The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a
particular provision applies only to either of said courts and in criminal cases governed by the
Revised Rule on Summary Procedure