RULE 122

Appeal

 WHAT IS APPEAL?
 The elevation by an aggrieved party of any decision, order or award of a lower body
to a higher body, by means of a document which includes assignment of errors,
memorandum of arguments in support thereof, and the reliefs prayed for (Technogas
v. Clave 08653, SP, 31 Ma 1979).
 Note:
Appellant – party in litigation that seeks to have a judgment in the lower
court reviewed in whole or in part.
Appelle – parties in the old appeal felony, often used instead of respondent
in modern appellate procedure.
 WHAT IS THE NATURE OF APPEAL?
 Not a constitutional right, natural or inherent---it is a statutory privilege and of
statutory origin and, therefore, available only in the manner prescribed by the
provisions of law(Judith Yu v. Hon Tatad, presiding judge-RTC, QC, Br 105, and
PP, G.R. No. 17079, February 9, 2011).
 In criminal cases, appeal has a unique nature since it throws the whole cases open
for review and it is the duty of the appellate court to correct, cite, and appreciate
errors in the appealed judgment whether they are assigned or unassigned(San Juan y
Cruz v. PP, G.R. No. 177191, May 30, 2011)
 Waves his right to double jeopardy (People v. Torres et al., G.R. No. 189850,
September 22, 2014)
 BUT: no new issue could be raised during appeal (Santiago Paera v. People, G.R.
No. 181626, May 30, 2011), no change of theory during appeal (Bernas v. CA,
G.R. No. 85041, August 5, 1993, 225 SCRA 119).
 Rules on Appeal must be strictly followed (not merely technicalities), requirements
of the rules on appeal as merely harmless and trivial technicalities that can be
discarded (Casim v. flordeliza, 374 SCRA 386, January 23, 2002). Indeed deviations
from rules cannot be tolerated.
 Respect of Trial Court’s findings of fact: trial court judge is the best position to make
his determination as the judge was the one who personally heard the accused and the
witnesses, as well as observed the demeanor and manner in which they testified
during trial…trial court’s finding of fact and assessment on credibility of witness will
not be interfered or disturbed(People v. Bautista, G,R. No. 191226, June 6, 2011),
EXCEPT:
Conclusion is a finding based entirely on speculation, surmise and
conjectures;
Inferences manifestly mistaken;
Judgment based on misapprehension of facts and findings of fact premised
on absence of evidence and are contradicted by the evidence on record
(Guadines v. Sandiganbayan and People, G.R. No. 164891, June 6,
2011).
 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).
 Notes:
o The rules barring appeal from acquittal is not absolute. Here are the
exceptions:
When prosecution is denied due process (Galman V.
Sandiganbayan, G.R. No. L-72670, September 12,
1986, 144 SCRA 43), and
When trial court commits grave abuse of discretion amounting
to lack or excess of jurisdiction in dismissing a criminal
case by granting accused’s demurrer to evidence(People v.
Sandiganbayan, et al., G.R. No. 164577, July 5, 2010)
o A petition for Certiorari is not a proper remedy in lieu of an appeal
 WHERE TO APPEAL?
 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;
 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;
 To the Supreme Court, in cases decided by the Court of Appeals. (Section 2, Rule
122)
 WHAT ARE THE STEPS TO BE TAKEN IN CASE OF APPEAL?
 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.
 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.
 Documents to be accomplished/filed:
Verified petition for review with CA
Payment of docket fees etc.
Furnish copy of petition to RTC and adverse party
Period to file may be extended upon proper motion, usually additional 15
days
 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.
 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.
 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.
(Section 3, Rule 122)
 REMEDY IN CASE PERSONAL SERVICE TO ADVERSE PARTY IS NOT TENABLE?
 service may be done by registered mail or by substituted service pursuant to sections 7 and 8
of Rule 13(Section 4, Rule 122)
 IS NOTICE TO APPELLEE WAIVABLE
 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. (Section 5, Rule 122)
 PERIOD TO DO THE APPEAL?
 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. (Section 6, Rule 122).
 Note:
the perfection of an appeal in the manner permitted by law is not only mandatory but
jurisdictional(Eusebio-Calderon v. People, G.R. No. 158495, October 21, 2004);
Failure to perfect an appeal renders the judgment of court final and executory (Tan v. CA,
G.R. No 157194, June 20, 2006).
Perfection of appeal: appeal is deemed perfected the moment a timely filing of petition for
review and payment of docket fees and other fees are made.
Effect if appeal is perfected: RTC loses jurisdiction over the case, stays the the judgment or
final order.
 WHAT’S DUTY OF THE COURT ONCE NOTICE OF APPEAL IS FILED?
 When notice of appeal is filed by the accused, the trial court shall direct the stenographic
reporter to transcribe his notes of the proceedings.
  When filed by the People of the Philippines, the trial court shall direct the stenographic
reporter to transcribe such portion of his notes of the proceedings as the court, upon
motion, shall specify in writing.
 The stenographic reporter shall certify to the correctness of the notes and the transcript
thereof, which shall consist of the original and four copies, and shall file the original and four
copies with the clerk without unnecessary delay(Section 7, Rule 122)
 If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from
promulgation of the sentence, file with the clerk original and four copies of the duly
certified transcript of his notes of the proceedings. No extension of time for filing of said
transcript of stenographic notes shall be granted except by the Supreme Court and only upon
justifiable grounds. (Section 7, Rule 122).
 PERIOD OF TRANSMISSION OF STENOGRAPHIC NOTES?
 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. (Section 8, Rule 122).
 WHAT ARE THE PROCEEDING OF APPEAL TO THE RTC?
 (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. (Section 9, Rule 122).
 DUTY OF THE COURT ONCE DEATH PENALTY IS IMPOSED?
 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).
 WHAT IS THE EFFECT OF APPEAL ON OTHER ACCUSED WHO DID NOT FILE
AN APPEAL?
 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;
 The appeal of the offended party from the civil aspect shall not affect the criminal aspect of
the judgment or order appealed from.
 Upon perfection of the appeal, the execution of the judgment or final order appealed from
shall be stayed as to the appealing party(Section 11, Rule 122)
 WHAT ARE THE CONSEQUENCES IF ACCUSED WITHDRAWS HIS APPEAL?
 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. (12a)

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)