RULE 122 447

APPEAL

Section 3. How appeal taken. —

(a) The appeal to the Regional Trial Court, or to the Court of
Appeals in cases decided by the RegionalTrial Court in the exercise
of its original jurisdiction, shall be by notice of appeal filed 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.
(c) The appeal in cases where the penalty imposed by the
Regional Trial Court is reclusion perpetua, life imprisonment or where a
lesser penalty is imposed for offenses committed on the same occasion
or which arose out of the same occurrencethat gave rise to the more,
serious offense for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by notice of appeal to the Court of
Appeals in accordance with paragraph (a) of this Rule.
(d) No notice of appeal is necessaryin cases where the Regional
Trial Court imposed the death penalty. The Court of Appeals shall
automatically review the judgment as provided in Section 10 of this
Rule. (3a)
124,
(e) Except as provided in the last paragraph of section 13, Rule
for review on
all other appeals to the Supreme Court shall be by petition
certiorari under Rule 45.

APPEAL
system. Its purpose is to
Appeal is an essential part of our judicial
higher court authority, a final
bring up for review or reconsideration by a
disposes of the subject matter
judgment of the lower court.l A proceedingor action; leaving
in its entirety or terminates a particular
by executionVhat the c
nothing more to be done except to enforce an interlocutoryorde which
from
determined.It is to be distinguished leaves something else
case but
does not completely dispose of the or not an order or a judgment
to ascertain whether
decided upon. The test judgment leave something to
does the order or
is interlocutory or final is: to the merits of the case? If it does,
court with respect
be done in the trial otherwise, it is final.2
the order or judgment is interlocutory;

28 November 1995, citing People v, Court of

C.R. No. 114282,
169245, 15 February
Aguilar v. Court
ofAppea1s,
March 1995; People v. Abon, C.R. No.
07
Appeals, G.R. No. 104709, (Abridged 7th Ed.,
2000).
Law Dictionary citing Tan v. Republic, C.R.
2008, citing Black's 17 August 2011,
G.R. No. 156358,
Pahi1a-Garrido v. Tortogo,
No. 170740, 25 May 2007.
 CRIMINAL PROCEDURE

whole case for review. Even

An appeal in a criminal case opens
and evaluated.3 The
fEÄ1al questions may be raised, once more weighed, even those not
Court is clothed with ample authority to review matters,
just disposition of
raised on appeal, if it finds it necessary in arriving at a
case.'
Wtn MAYAPPEAL
but
Both the accused and prosecution may appeal a criminal case,
be placed
government may do so only if the accused would not thereby
in double jeopardy.5

As a the prosecutionunnot appeal or bring error

proceedings from a judgmentrendered in-favor Of the defendant in a
criminal case. The reason is that a judgment of acquittal is immediately
final and executory,and the prosecutionis barred from appealing lest
the constitutional prohibition against double. jeopardy be violated.6
Furthermore, the prosecutioncannot appeal on the ground that the accused
should have beengiven a more severe penalty.7
Where an from the
(of the criminal complaint) by the trial court will
—r, as when: (1) the dismissal is made upon motion, or with the
express consent, of the defendant, and (2) the dismissal is not an acquittal
or based upon consideration of the evidence or of the merits of the case;
and (3) the question to be passed upon by the appellate court is purely
legal; so that should the dismissal be found incorrect, the Casewould have
to be remanded to the court of origin for further proceedings, to determine
the guilt innocence of the defendant, then an appeal by the prosecution
may be made.8

3 Obosa v. Court ofAppeals, G.R. No. 11$50, 16 January 1997.

People v. Chua, GR Nos. 136066-67, 04 February 2003; People v. Racho, C.R. No.
03 August 2010.
5 Philippine Rabbit Bus Lines, Inc. v. People, GR. No. 147703, 14
April 2004;
Obsania, C.R. No. 1-24447, 29 June 1968.

Peoplev. Court ofAppeals, G.R. No. 183625,25 February 2015; v. Tria-Tirona,

No. 130106, 15 July 2005.
7 Philippine Rabbit Bus Lines, Inc. v, People, G.R. NQ%1477
 RULE 122

When an appeal is
allowed as above
certiorari, the acquittal of the described, or in a petition for
him can only be challenged accused or the dismissal of the case against
the State.9 The People is the by the Solicitor General, acting on behalf of
only the Office of the Solicitor real party in interest in a criminal case and
General can represent
proceedings pending in the Court the People in criminal
of Appeals or in the Supreme Court.10
o#ded.Party:•
The offended parties may
appeal the judgment with to
right to civil liability.ll If the
accused has the right to appeal the judgment
of conviction, the offended parties
should have the same right to appeal as
much of the judgment as is prejudicial to
them.12
Despite acquittal, either the offended
party or the accused may appeal,
but only with respect to the civil aspect of the decision.

PETITIONFOR CERTIORARI
A judgment of acquittal may be assailed through a petition for
certiorari under Rule 65 of the Rules of Court showing that the lower
eurt, in acquitting the accused, committed not merely reversible errors
of judgment, but also exercised grave abuse of discretion amounting to
lack or excess ofjurisdiction, or a denial of due process, thereby rendering
the assailed judgrnent null and void.13If there is grave abuse of discretion,
ganting petitioner's prayer is not tantamount to putting private
respondents in double jeopardy.14

9 Bangayan v. Bangayan, G.R. No. 172777, 19 October 2011,citing MetropolitanBank and

Trust Company v. Veridiano Il, 412 Phil. 795, 804, 29 June 2001; People v. Santiago, 255
City of
Phil. 851, 20 June 1989; People v. Ruiz, 171 Phil. 400, 31 January 1978;
1988; Republicv. Partisala,
Tacloban v. Hon. Pedro M. Espina, 248 Phil. 843, 21 October
ofAppeals, 214 Phil. 492, 31 May 1984;
203 Phil. 750, 15 November 1982; Padilla v. Court
People v. Jalandoni, 216 Phil. 424, 28 August 1984.
2005; cario v. Castro, G.R. No. 176084,
Macasæt v. People, G.R. No. 156747, 23 February
Sherman, G.R. No. 190487, 13 April 2011; Ong v.
30 April 2008; Bureau of Customs v.
Peoplev. Duca, G.R. No. 171175,30
Genio, G.R. No. 182336, 23 December2009; 184337, 07 August 2009; Cari,io
v. Gonzalez, G.R. No.
2009; Heirs ofFederico C. Delgado Inc. v. Umezawa,493 Phü.
April 2008;Mobilia Products,
v. De Castro, G.R. No. 176084, 30 385 Phil. 208, 17 March 2000; Perez v.
v. Sta. Romana-Cruz,
85, 04 March 2005; Narciso Santiago, 255
Inc., 384 Phil. 322, 09 March 2000; Peoplev. Judge
Hagonoy Rural Bank,
Phil. 851, 20 June 1989.
17 July 2006.
Rodriguez v. Gadiane, c,.R No. 152903, G.R. No. 147703,14 April 2004,citing People V.
12 v. People,
Philippine Rabbit Bus Lines, Inc.
1934.
ursua, 60 Phil. 252, 01 August 25 February 2015;
Peoplev. Lnguio,G.R. No.
GR. No. 183625,
People v. court ofAppea1s,
2011.
14 üan, GR. No, 196685,14 December
and
Goodland Company, Inc. v. co
 CRIMINAL PROCEDURE

filed under Section Ij Rule 65

In a srcial civil action for ærtiorari the trial court committed
of the Rules of Court wherein it is alleged that jurisdiction or on other
a grave abuse of discretion arnounting to lack of
petition may be filedby
jurisdictionalgrounds,the rules state that the parties are the State
the person aggrieved. In such case, the aggrieved complainant has an
and the private offended party or complainant. The special civil action
such
interest in the civil aspect of the case so he may file
court on jurisdictional
questioning the decision or action of the respondent
the action in the
grounds. In so doing, the complainant should not bring
be prosecuted in the
of the People of the Philippines. The action may
name of said complainant.15The Solicitor General's intervention in such a
case is not necessary, the recourse of the complainant to the Court is
since it was brought in his or her own name and not in that of the People
Ofthe Philippines. 16

RULES ON APPEAL
The rules on appeal must be strictly followed as they are considered
indispensable to forestall or avoid unreasonable delays in the administration
of justice, to ensure an orderly discharge of judicial business, and to put
an end to controversies. Though as a general rule, rules of procedures are
liberally construed, the provisions with respect to the rules on the manner
and periods for perfecting appeals are strictly applied and are only relaxed
in very exceptional circumstances or equitable considerations. 17For one,
the filing of a petition for review instead of a required notice of appeal is
inappropriateand is dismissible.Thesemodes of appeal clearly remain
distinct procedures which cannot, absent any compelling reason therefore,
be loosely interchanged with one another. 18

APPEALS FROMFIRST LEVEL COURTS

Cases decided by the Metropolitan Trial Court, Municipal Trial
Court
in Cities, Municipal Trial Court, or Municipal Circuit
Trial Court are
appealed to the Regional Trial Court19by filing a notice
of appeal with the
spurt_which rendered the judgment or final
order-appealed from and by
•serving a copy thereofupon the adverse party.20

15 People v. Court of Appeals, G.R. No. 183652,

25
16 People v. Court ofAppa1s, G.R. No. 183652, February 2015.
25 February 2015, citing
ofAppea1s,323 Phil. 5%, 09 February 19%. Dela Rosa v. court
Neplum, Inc. v. Orbeso, G.R. No. 141986,
11 July 2002, citing
129846, 18 January 2000; Yalong
v.
Republic v. CA, GR NO'
People, GR No. 187174, 28
Yalong v. People, G.R. No. 187174, 28 August 2013.
August 2013.
19 Rules of Court, Rule 122, Section 2(a).
Rules of Court, Rule 122, Section 3(a).
 RULE i22

The notice of appeal

shall
the judgment or final order or indicate the parties to the appal, specify
to which the appeal is being part thereof appealed from, specify the court
the timeliness of the appeal.n taken, and state the
As material dates showing
deemed perfected upon the to the party
filing of the notice of appealinb the appeal is
perfection of the appeal filed in appeal in due time. Upon
appeal of the other parties, the
due time and the expiration of the time to
court loses jurisdiction
over the case.n
APPEALS FROMREGIONAL TRIAL COURTS
An appeal from the
Regional Trial Court's
of the case, namely: (1) an of the
ordinary appeal to the Court of
in cases decided by the RTC Appeals (CA)
in the exercise of its original
petition for review to the CA in jurisdiction; (2) a
cases decided by the RTC in the exercise of its
appellate jurisdiction; and (3) a petition
for review on certioraridirectly filed
with the Supreme Court where only
questions of law are raised or involved?

Under Section 3(a), Rule 122 of the Rules on

Criminal Procedure, the
appeal of a judgment rendered by the Regional Trial Court
in iG original
jurisdiction sentencing the accused to other than life imprisonment, death,
or reclusionperpetua must be taken to the Court of Appeals by the filing of
a notice of appeal with the court which rendered the judgment or order
appealed from, and by serving a copy thereof on the adverse party.24This
mode of appeal is available on questions of fact or mixed questions of fact
and of law. 25

The disallowance of the notice of appeal siB1ifiesthe disallowance

of the appeal itself, and an order denying a noticeof appeal is not a
decision or final order from which an appeal may be taken.%The Rules
of Court specifically provides that no appeal shall be taken from an order
disallowing or dismissing an appeal. Rather, the aggrieved party can file a
specialcivil action under Rule 65.27

21 Rules of Court, Rule 41, Section 5.

2 Rules of Court, Rule 41, Section 9.
Far Eastern Surety and Insurance Co., Inc. v. People, G.R. No. 170618, 20 November 2013;
Rules of Court, Rule 41.
24 135109-13,
2013; People v. Pajo, GR.
Yalong v. People, G.R. No. 187174, 28 August
18 December 2000; sæ Rules of Court, Rules 40 to 41.
November 2013.
Far Eastern Surety and Insuranæ Co., Inc. v. People,G.R. No. 170618, 20
Neplum, Inc. v. Orbeso,
Macapagal v. People, C.R. No. 193217, 26 February 2014, citing
433 Phil. 844, 854, 11 July 2002.
citing Neplum, Inc. v. Orbeso,
Macapagal v. People, G.R. No. 193217, 26 February 2014,
433 Phil. 844, 854, 11 July 2002.
 in cases decided by the Regional
The appeal to the Court of Appeals jurisdiction shall be by petition
trial Court in the exercise of its appellate
for review under Rule 42.3
to the Court of Appeals on questions
This mode of appeal is brought
questions of fact and of law.29The petition for
of fact, of law, or mixed and served within 15 days
review, which must be verified, shall be filed
be reviewed or of the denial of a
from notice of the decision sought to
reconsideration filed in due time after jUdgn•tent.
motion for new frial or amount of the docke!
upon proper motion and the payment of the full the expiration of the
before
and other lawful fees and the deposit for costs
grant an additional period
reglementary period, the Court of Appeals may
review.30
Of15 days only within which to file the petition for
under oath that
The petition must be accompanied by a certification
the petitioner has not theretoforecommencedany other action involving
different
the same issues in the Supreme Court, the Court of Appeals or
divisions thereof, or any other fribunal or agency; if there iS such other
action or proceeding, he must statethe status of the same; and if he should
thereafter learn that a similar action or proceeding has been filed or is
Pending before the Supreme Court, the Court of Appeals, or different
divisions thereof, or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts andother tribunal or agency thereof
•within five (5) days therefrom. It shall also: (a) state the full names of the
parties to the case, without impleading the lower courts or judges thereof
either as petitioners or respondents; (b) indicate the specific material dates
showing that it was filed on time; (c) set forth concisely a statement of
the matters involved, the issUeSraised, the specification of errors of fact
'Orlaw, or both, allegedly committed by the Regional Trial Court, and the
reasons or arguments relied upon for the allowance of the appeal; (d) be
accompanied by clearly legible duplicate originals or frue copies Ofthe
judgments or final orders of both lower courts,kertified correct by the clerk
Ofcourt of the Regional -TrialCourt, the requisite number of plain copies
thereof and of the pleadings and other material portions of the record as
would support the allegations of the petition.31

Rules of Court, Rule 122, Section 3(b).

v. Latorre, G.R. No. 183926, 29 March 2010;
Far Eastern Surety and Insurance co"
Inc. v. People,GR No. 170618, 20 November 2013
30 Rules of Court, Rule 42, Section 1.
31 Rules of Court, Rule 42, Section 2.
 RULÉ 122
APPEAL
The
of the Rules
regarding
deposit for costs, proof and other lawful fees, the
the documents which of service of the petition, and the
should accompany of and
ground for the dismissal petition shall be sufficient
thereof.32

No notice of appeal
imposes the death penalty.
is necessarywhen the Regionalfrial Court
the Court of Appeals In such cases, therecords shall be forwarded to
for automatic review and
earlier than 15 days from judgment within 20 but not
promulgation of the judgment or notice of denial
of a motion for_new trial or
The rule on automatic
review
prohibits the imposition of death notwithstandil"lb Republic Act No. 9346
penalty in the Philippines.34

The appeal in cases where the penalty

imposed by the Regional Trial
Court is reclusionperpetuaor life imprisonment, or
where a lesser penalty
is imposed but for offensescommittedon the same occasionor which
arose out of the same occurrence that gave rise to the more serious offense
for which the penalty of death, reclusionperpetuaor life imprisonment is
imposed, shall be by notice of appeal to theCourt of Appeals. 35

APPEALS FROMTHE COURT OF APPEALS

Cases decided by the Court of Appeals may be appealed to the
supreme Court.% Generally, appeals to the Supreme Court are by petition
for review on certiorariunder Rule 45.37In cases where the Court of
Appeals imposes reclusionperpetua,life imprisonment or a lesser penalty
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 or life imprisonment is imposed, appeal is by notice
of appeal. 38

32 Rules of Court, Rule 42, Section 3.

Rules of Court, Rule 122, Section 10.
Death Penalty in the Philippines, RA No.
An Act Prohibiting the Imposition of the
9346, Section 1.
seefurther discussion infra.
Rules of Court, Rule 122, Section 3(c);
Rulæ of Court, Rule 122,Section 2(c).
3(e).
Rules of Court, Rule 122, Section December 2000; Rules of court, Rule 124,
Nos. 135109-13, 18
People v. Pajo, C.R.
*bon 13(c).
 PROCEDURE
CRIMINAL

from notice of the judgment

15 dayp
The petition be filed within of the denial of the petitioner's
from, or notice of
or final order or resolution appealed filed in due time after
motion for new trial or reconsideration served, with full payment of the
judgment. On motion duly filed and for costs before the expiration
deposit
docket and other lawful fees and the Court may
for justifiable reasons
period, the Supreme
of the reglementary
within which to file the petition.39
yant an extension of 30 days only
the petitioner shall pay the
Unless he has theretoforedone so,
clerk of court of the
corresponding docket and other lawful fees to the for costs at the time
of ?500.00
Court and deposit the amount
Supreme
of service of a copy thereof on the lower
of the filing of the petition. proof
the adverse party shall be submitted together with
court concerned and on
the petition. 40
the appealing party
The petition shall: (a) state the full name of without impleading
the petitioner and the adverse party as respondent,
or respondents; (b)
the lower courts or judges thereof either as petitioners
judgment or final
indicate the material dates showing when notice of the
order or resolution subject thereof was received, when a motion for new
trial or reconsideration, if any, was filed and when notice of the denial
thereof was received; (c) set forth concisely a statement of the matters
involved, and the reasons or arguments relied on for the allowance of
the petition; (d) be accompaniedby a clearly legible duplicate original,
or a certifiedtrue copy of the judgmentor final order or resolution
certified by the clerk of court of the court a quo and the requisite number
of plain copies thereof, and such material portions of the record as would
support the petition; and (e) contain a sworn certification against forum
shopping.41

The failure of the petitioner to comply with any of the requirements

of the Rules regarding the payment of the docket and other lawful fees,
deposit for costs, proof of service of the petition, and the contents of and
the documents which should accompany the petition* shall be sufficient
gound for the dismissal thereof.43The main reason for the prescribed
attachments is to facilitate the review and evaluation
of the petition by
making readily available to the Court all the orders,
resolutions, decisions'
pleadings, transcripts, documents, and pieces of
evidence that are material

Rules of Court, Rule 45, Section 2.

Rules of Court, Rule 45, Section 3.
41 Rules of Court, Rule 45, Section 4.
Macapagal v. People,G.R. No. 193217, 26
February 2014, citing
Spouses Lanaria v. Platltg
Rules of Court, Rule 45, Section 5.
 RULE 122 45B

and relevant to the

issues presented in the petition
case records of the lower court." without relying on the
Further, the Supreme
Court
on the ground that the appeal may on its own initiative deny the petition
is without merit, or is prosecuted manifestly
for delay, or that the questions raised
require consideration.45 therein are too unsubstantialto
Case law has held that the
an offender, does not render granting of parole, conditionally releasing
their appeal moot." The grant thereof is not
one of the modes of extinguishing
their criminal liability.47
E-FILING IN THE SUPREME COURT
In addition to the 1 original and 4
copies of all Supreme Court-bound
papers (or 10 copies, if referred to the SupremeCourt En Banc),parties
to cases before the Supreme Court are required to submit soft copies of
the same and their annexes (the latter in PDF format) either by email
to the Supreme Court's e-mail address or by compact disc (CD).48 Such
submission must be simultaneous with the submission of the hard copy,
if by CD, or within 24 hours, if by e-mail.49The paper is deemed filed on
the date and time of filing of the hard copy, and not the soft copy.50The
soft copies must be in PDF and individually saved, as well as individually
attached to the email, if applicable. The filename of the soft copy must be
the same as the document title.51

SUMMARYOF THE APPELLATE PROCESS

A ealfrom Method of A
Notice of appeal filed in the
First level courts RTC first level court (Rule 40)
Noticeof appeal filed in the
RTC(original jurisdiction) CA RTC (Rule 41

26 February 2014, citing B.E.San Diego, Inc. v.

44 Macapagal v. People, G.R. No. 193217,
Alzul, 551 Phil. 841, 08 June 2007.
Rules of Court, Rule 45, Section5. 2007.
August
People v. Abesamis, G.R. No. 140985, 28
28 August 2007.
People v. Abesamis, G.R. No. 140985,
No. 11-94-SC, Section5(a).
Efficient Use of Paper Rule, A.M.Processing of Soft Copies of Supreme Court-Bound
on Submission and
Guidelines A.M. No. 10-3-7-SC(1).
the Efficient Use of Paper Rule,
Papers Pursuant to of soft copies of Supreme Court-Bounå
50 Guidelines on Submission and Processing Rule, A.M. No. 10-3-7-SC (1).
Paper
Efficient Use of
Processing of Soft Copies of Supreme Court-Bound
Pursuant to the
Papers
51 Submission and (2).
Guidelines on
Efficient Use of Paper Rule, A.M. No. 10-3-7-SC
the
Papers Pursuant to
 CRIMINALPR

filed in the
Petition for review
RTC (appellate jurisdiction) CA CA ule42

RTC imposes the penal

of reclusion perpetua or e
imprisonmentor a lesser Notice of appeal filed in the
penalty, but on the occasion RTC (Rule 41)
of occurrence that gives
rise to the penalty of death,
reclusion perpetua or life
im risonment
RTC imposes the penalty of CA Automaticreview
death
Petition for Review on
CA imposes a penalty other
than death, reclusion perpetua SC Certiorarifiled in the SC (Rule
or life im risonment 45
CA renders judgment, but
refrains from making an enfry
CA imposes the penalty of SC of judgment and certifies the
death case and elevates the entire
record to the SC for review
CA imposes the penalty
of reclusion perpetua or life
imprisonmentor a lesser
penalty, but on the occasion Noticeof appeal filed in the
of occurrence that gives CA (Rule 41)
rise to the penalty of death,
reclusion perpetua or life
im risonment

Section 4. Serviceof noticeof appeal.- If personal service of the copy

of the notice of appeal can not 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.

Section 5. Waiverof notice.- The appellee

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

Notice of appeal must be served on

the adverse party or his counsel
by delivering personally a copy to the
party or his counsel,
it in his office with his clerk or with a or by leaving
person having charge
person is found in his office, or his office thereof. If no
is not known,
Or he has no Office'
 RULE 122

by leaving the
copy, between the
six in the evening,
at the party's or hours of eight in morning and
person of sufficient counsel's residence, if Imown, with a
age and discretion
If this cannot then residing therein.52
be done, service
is, by depositing the may be made by registered mail, that
copy of the notice
plainly addressed to the in the office, in a sealed envelope,
otherwise at his residence, party or his counselat his office,if known,
if known, with postage
instructions to the postmaster fully pre-paid, and with
to return the mail to the sender after 10
no regstry service is days
sender or the addressee, available in the locality of either the
service may be done by ordinary
mailP
Otherwise, if service of
orders and other pleadings, motions, notices, resolutions,
papers cannot be made
the office and place of under the two preceding sections,
residence of the party or his counsel
service may be made by delivering being unknown,
proof of failure of both personal the copy to the clerk of court, with
service and service by mail. The service is
complete at the time of such delivery.54
Failure of service to the adverse party
or
proceeding is not always fatal.55The fact that prosecutionin a criminal
no copy of the notice of
appeal in
a criminal case is served upon the opposite party is not
fatal to
the perfection of the appeal as long as the notice of appeal
had beQ fled
on time. 56The appellee may waive his right to a notice that an appeal has
been taken. Also, the appellate court may, in its entertain an
appeal notwithstanding failure to give such notice if the interests of justice
so require. 57

Section 6. VM1enappeal to be taken. —An appeal must be taken within

fiftæn (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 bial 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.

Rules of Court, Rule 13, Section 6.

5
Rules of Court, Rule 13, Section 7.
Rules of Court, Rule 13, Section 8.
27 August 2002
Moll v. Bui*", G.R No. 136974,
Villanueva, G.R. No. L-18769,27 May 1%6, citing u.S. v. and
Peoplev. of Court, Rule 122,
September 1919;Revised Rules 5.
Sotavento, 40 Phil. 176, 20 of court Rule 122, 5.
27 August 2002;
Moll v. Buban, G.R. No. 136974,
REGLE*NTARY PERDD the judgment rendered
an appeal from
Rule 122 of the Revised
The period for perfecdng 6 of
under Section
Court, notice of the jUdgment
by Regional
the promulgation or are to appeals
Rules of Court, is 15 days from covered by this Rule
appealed The situations Trial court and inferior courts. In
Regional concept of Section 6, Rule
of judgments rendered by the in the
promulgation Court and the
higher courts, there is no Procedure. In the Supreme
122 of the 2000Rules on Criminal when the copy thereof
promulgated
fourt of Appeals, a decision is causes copies to be served upon
who then
is filed with the clerk of court, presence of either party during
the parties or their counsels.Hence,the
Promulgation is not required.
in the manner and within the reglementary
The perfection of an appeal but jurisdictional, and
law is not only mandatory
period laid down by has the effect of rendering
failure to perfect an appeal as legally required below and deprives the
final and executorythe judgment of the court or final order, much
appellate court of jurisdiction to alter the judgment
the principle that
less to entertain the appeal' This rule is founded upon
the right to appeal is not part of due process of law but is a mere statutory
privilege to be exercised only in the manner provided by and in accordance
with the provisions of law.61

—H*bihPfor the
The provision uses the conjunctive or in providing for the reckoning
period within which an appeal must be taken. The period to file an appeal
Shall be counted from the promulgation or the notice of the judgment or
order. Where it was the accused who appealed, the period for appeal is to
be counted from the date of promulgation of the decision. Where it was the
private offended party who was appealing the civil aspect of the case,
the
period may be counted from receipt of a copy of the judgment. 62

58 Retoni, Jr. v. Court ofAppeals, G.R. No.

96776, 05 February 1993.
Neplum, Inc. v. orbeso, G.R. No.
60 141986, 11 July 2002
Retoni,Jr. v. court of Appeals,C.R.
No. 96776,05 February 1993,
Cabangon,C.R. No. L-17977,30 May citing Montejo V,
1962;Miranda v.
October 1952; People v. Sandiganbayan, Guanzon, et al., 92 Phil. 168,27
C.R.No. 156394,
21 January 2005, citing Pedrosa
Peoplev. Sandiganbayan,G.R. No.
ofAppea1s,C.R. No. 1-57204,14 156394,21 January 2005, citing Borre v. court
March 1988; People v. Esparas,
G.R. No. 120034,
Neplum, Inc. v. orbeso, G.R No.
141986, 11 July
2002.
 RULE 122

In Neypes v.
Court of Appeals,
civil cases on the the Supreme Court modified the rule in
counting of the
court categorically 15-day period within which to appeal. The
set a fresh
for reconsideration period Of15 days from a denial of a motion
within which to
period rule is to appeal.63The raison d'etre for the fresh
do away with the standardize the appeal
confusion as to when periods provided in the Rules,
be counted, and afford the 15-day appeal period should
Thus, the 15-day period litigants fair opportunity to appeal their cases."
a motion for new trial to appeal is no longer interrupted by the
or motion for reconsideration; filing of
not concern themselves litigants today need
with counting the balance
appeal since the 15-day of the 15-day period to
period is now counted from receipt of the order
dismissing a motion for
new trial or motion for
order or resolution.€ reconsideration or any final
The fresh period rule
likewise applies to appeals from conviction in
criminal cases. A ruling
otherwise would effectively foster and encourage
an absurd situation where a
litigant in a civil case will have a better right
toappeal than an accused in a criminal case — a situation that gives undue
favor to civil litigants and
unjustly discriminates against the accused."

Section 7. Transcribing and filing notes of

stenographic reporter upon
appeal.—When notice of appeals is filed by the accused,the bial coury
shall direct the stenogaphic reporter to åanscribe his notes of the
proceedings. When filed by the People of the Philippines, the trial cour\
shall direct the stenographic reporter to banscribe such portion of his
notes of the proceedings as the court, upon motion, shall specify in
writing. The stenogaphic reporter shall certify to the correctness of th
notes and the banscript thereof, which shall consist of the original an
our copies, and shall file said original and four copies with the clerh
without unnecessary delay.
If death penalty is imposed, the stenogaphic reportershall, within
thirty (30) days from promulgation of the sentence,file with the clerk
the original and four copies of the duly certifiedfranscript of his notes
Ofthe proceedings. No extension of time for filing of said transcript of
Stenographicnotes shall be ganted except by the Supreme Court and
only upon justifiable Bounds.

No. 141524,14 September 2005.

Neypes v. Court of Appeals, GR.
No. 170979, 09 February 2011;Neypesv. court ofApPea1g,C.R No.
Yu v. Tatad, GR
141524, 14 %ptember 2005.
09 February 2011.
Yu v. Tatad, G.R. No. 170979, 24 October 2012; Yu v.
Tatad, C.R. No, 170979,
No. 192799,
Rodnguez v. People, C.R.
(B February 2011.
 his
reporter to transcribe notes
stenographic the accused. If the
The court shall direct appeal is filed by
of
of the proceedings when the tion,
repods notes of the proceedings as
only such portions of the stenographic the prosecution. The stenographic
by
the court shall direct, upon motion with the clerk of court without
transcription
reporter is mandated to file his
unnecessary delay.
no motion or order is needed. Unless
If the death penalty is imposed, Court on justifiable the
granted an extensionby the Supreme
from promulgation of the sentence to
stenographic reporter has thirty days
of his notes with the clerk of court.
file the transcription
stenogaphic reporter who shall file one original
In both cases, the court, shall certify to the
clerk of
and four copies of the transcript with the
thereof.
cOrrectness of the notes and the transcript
court upon appeal. —Within
Section 8. Transmission ofpapers to appellate
the filing of the notice of appeal, the clerk of court with
five (5) days from
to the clerk of court
whom the notice of appeal was filed must transmit together with said
case,
of the appellate court the complete record of the
of stenographic
notice. The original and three copies of the transcript
to the clerk of
notes, together with the records, shall also be transmitted
the appellate court without undue delay. The other copy of the banscript
shall remain in the lower court.

The clerk of court with whom the notice of appeal was filed shall
fransmit to the clerk of court of the appellate court the notice of appeal
together with the complete record of the case within five (5) days from th
filing of the notice of appeal.
While the transcript of stenographicnotes need not be transmitte
COgetherwith the record of the case, the clerk of court also has the duty to
transmit the original and three (3) copies of the transcript without undue
delay. The lower court retains a copy of the transcript.

Section 9. Appealto the RegionalTrial Courts. - (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, banscriptø 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
said notice, the parties
may submit memoranda or briefs, or may be required by the Reéonal
 RULE 122 461

Trial Court to do So.

After the submission
or upon the expiration of such memoranda or briefs,
court shall decide the of the period to file the
case on the basis of the same, the Regional Trial
and of such memoranda entire record of the case
or briefs as may have
been filed.
Upon receipt of the
exhibits, the clerk of courtcomplete record of the case, transcripts and
to inform the parties of of the Regional Trial Court sends out notices
days from receipt of the such fact. Thereafter,the parties shall have 15
notice to
required by the Regional Trial submit memoranda or briefs, as may be
Court.
After the submission of
the expiration of the period the parties' memorandaor briefs, or upon
to file the same, the Regional Trial Court shall
decide the case on the basis
of the entire record of the case and memoranda
or briefs as may have been
filed.
in its review of the decision of The Regional Trial Court is not limited
the lower court to the issues assigned by
the appellant, but can decide on the
basis of the entire records of the
proceedings of the trial court and such
memorandaor briefs as may be
submitted by the parties or required by the Regional Trial Court.67
The failure to file the memorandumon appeal is not a ground to
dismiss a criminal appeal. Section 9(c), Rule 122 of the Rules of Court
imposes on the Regional Trial Court the duty to decide the appeal "on the
basis of the entire record of the case and of such memoranda or briefs as
may have been filed" upon the submission of the appellate memoranda or
briefs, or upon the expiration of the period to file the same. 68

Section 10. Transmission of records in case of death penalty. — In all

cases where the death penalty is imposed by the trial court, the records
shall be forwarded to the Court of Appealsfor automaticreview and
judgnent within twenty days but not earlier than fifteen days from 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 days after the filing thereof by the stenogaphic reporter. (10a)

Death penalty cases are subject to the mandatoryreview by the

SUprerneCourt, while reclusionperpetuaand life imprisonment cases are
not. Thus, while an appeal of a reclusion perpetua or lifeimprisonment case

same is not the case for death

may be withdrawn by the appellant, the

30 May 2011.
Macaslang v, Zamora, C.R. No. 156375,
25 March 2015.
sanico v. People, GR No. 198753, August 2007.
31
People v. Rocha, GR. No. 173797,
 CRIMINAL
462
2004, it was the Supreme
prior to July reclusion perpetua, life
Their nature notwithstandiny
to directly reviewmode of review, however,
Court which had jurisdiction The
penalty cases alike.
imprisonment and death and life
impriso
reviewed on automatic
was different. Reclusionperpetua penalty cases were
death
via a notice of appeal, while
review. 70 of death, reclusion
before the penalty
in people
Toensure utmost circumspection
is the Supreme Court
imposed,
perpetua or life imprisonment penalty imposed is reclusion
where the
v. Mateoprovided that in casesdeath, a review by the Court of Appeals
perpetua,life imprisonment,or Supreme Court must be made.n
before the case is elevated to the
the Supreme Court directed all
Followingthis pronouncement,their presiding judges and clerks
regional trial courts concerned through of Appeals (Manila for Luzon
of court, to directly forward to the Court Cagayan de Oro Station for
cases, and
cases, Cebu Station for Visayas
whose decisions are subject
Mindanao cases) the records of criminal cases imposed is death or (b)
to (a) automaticreview becausethe penalty the penalty imposed is
ordinary appeals (by noticesof appeal) because
a statement
either reclusionperpetuaor life imprisonment, notwithstanding
in the notice of appeal that the appeal is with the Supreme Court. n
By the Amended Rules to Govern Review of Death Penalty Cases, n the
Rules now provide that records of the death penalty case and the judgment

shall be forwarded to the Court of Appeals within 20 days but not earlier
than 15 days from the promulgationof the judgment or notice of denial
Ofa motion for new trial or reconsideration.Following the stenographic
reporter's filing of his franscriptwith the clerk of court, the latter shall
forward the transcript within 10 days. 74

Section 11. Effect of appeal by any of several accused. —(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
affect the criminal aspect of the from the civil aspect shall not
judgment or order appealed
from.

People v. Rocha, C.R. No.

173797, 31 August
People v. Mateo, G.R. Nos. 2007.
147678-87, 07 July
Office of the court 2004.
Adminis&ator No,
A.M. No. 00-5-03-SC,15 October 57.2005, 12 May
2004. 2005.
74 Rules of Court, Rule 122,Section
10.
 122

(c) Upon
perfection of the
order appealed from appeal, the executionof the judgnent
shall be stayed as to
the appealing party.
APPEAL BY SOME AND
NOT ALL OF THE
One or more of ACCUSED
An appeal taken by several accused
one or more of may appeal a judgment or final order.
who did not appeal, several
except insofar as the accused shall not affect those
is favorable and applicable judgment of the appellate court
to the latter.75
Toillustrate:
1. A judgment of
conviction
affirmed by the appellate appealedby three of six accusedwas
trial court's decision court, with modification.It modified the
and
by acquittingone of the accused-appellants
imposing exemplary damages to the fiveaccused. The Supreme
Court held that the
appellate court erred in ordering the three accused
who did not appeal to pay
victim. As far as the three exemplarydamagesto the heirs of the
non-appealing accused are concerned, the
judgment against them had become
by the appellate court cannot affect
final and executory.The award
them as they did not appeal, and
it is not favorable to them.%
2. Although it is only appellant who persisted with the present
appeal,
the well-established rule is that an appeal in a criminal proceeding
throws the whole case open for review of all its aspects, including
those not raised by the parties. Therecordsshow that Rodriguezhad
withdrawn his appeal due to financial reasons. However, Section 11(a)
of Rule 122 of the Rules of Court provides that 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 appellant court is favorable and
applicable to the latter. As the evidence against and the conviction
of both appellant and Rodriguez are inextricably linked, appellant's
acquittal, which is favorable and applicableto Rodriguez,should
benefit the latter.77

APPEAL BY OFFENDED PARTY

party is the State, the interest
In a criminal case in which the offended
offended party is limited to the
Ofthe private complainant or the private

ll.
Rules of Couit, Rule 122, Section 2008.
76
C.R. No. 175332, 06 February
People v. Candia, 2000.
77
C.R. No. 129211,02 October
People v. Rodriguez,
 criminal case may
civil award in a offended party or his
The die
civil liability arising therefrom• behalf ofchallenged on the ground
may be
adequacy of the award ofnthe injuries sustained as a
successors. the gravity
commensurate with
it is not
by the a
result of the offense committed increased only if it will not
may be
However,the civil indemnity in the criminal case on which it is
decision by the adverse party,
require an aggravationof the may not, on appeal
based. In other words, the accused sentenced to a higher penalty to
offense or
be convicted of a more seriousindemnity' The appeal of the offended party
justify the increase in the civil criminal aspect of the judgment or
the
from the civil aspect shall not affect
order appealed from.81

STAY OF EXECUTION
execution of the judgment or final
Upon perfectionof the appeal, the appealing party.82Pending
be stayed as to the
order appealed from shall from does not attain finality.
appeal, the judgment or final order appealed
to an accused who timely
The benefit of a stay of execution afforded
who failed to file the
files an appeal cannot be extended to his co-accused
period to appeal
same. In one case, the Supreme Court clarified that the
continued to run against the accusednotwithstanding the petitions for
review filed by his co-accused.The exception contained in the second
clause of Section Il(a) does speaks of a judgment rendered by the appellate

court which is favorable to accused-appellant, and not stay of execution

pending appeal. 83

Section 12. Withdrawalofappeal.- Notwithstanding perfection of the

appeal, the Regional Trial Court, Mebopolitan 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
shall becomefinal. The RegionalTrial Court may also,
in its discretion,
allow the appellant from the judgment of a
Municipal Trial Court in Cities, Municipal Metropolitan Trial Court'
Trial Court, or Municipal

n Villarealv. C.R. No. 166995, 13

January 2014.
n Heirs of Rillorta v. Firme, G.R.
No. L-54904,
29 January
80 HdrsofRfllorta v. Firme, G.R. No. 1988.
L-54904, 29 January
81 Rules of Court, Rule 122, Section 1988.
Il(b).
Rules of Court, Rule 122,Section Il(c).
People,G.R.Nos. 156147-54,
26 February
2007
 RULE 122/

CircuitTrial
effect is filed Burt to Withdraw his a
ore rendition
which case the of the
case shall be judgment of the court judgment in the case on appeal, in
remanded to
the latter of origin shall become and the
court for execution
of the judgment.
MOTION TO WITHDRAW
APPEAL
An appellant
with the Regional may withdraw the notice
Trial Court, Of appeal previouslyfiled
court in Cities, Metropolitan
Municipal Trial Court, Municipal Trial
provided that he moves Trial Court, or Municipal
been forwarded to to withdraw Circuit Trial Court,
the appellate before the recordsof case have
that rendered the appealed court. The motion is filed
judgment. with court
Where appeal has
Court, the accused maybeen made by the appellantto the Regional
before rendition of the withdraw the appealby
judgment moving to withdraw
with the Regional Trial in the case on appeal. The motion
Court, which may is filed
it in its discretion.
Withdrawal of an appeal in
either case has the effect of making the
appealed judgment final and executory.

Section 13. Appointment of counsel de

oficiofor accused on appeal. —It
shall be the duty of the clerk of court 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 oficioto defend him and to
bansmit 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
kesponse of the appellant to his inquiry.

CERTIFICATE OF COMPLIANCE
the conviction of
This right to a counsel de oficiodoes not cease upon
appeal, such that the
an accused by a trial court. It continues,even during
persistswhere an accused
duty of the court to assign a counsel de oficio
accused-appellantis confinedin
interposes an intent to appeal.U If the
of court has the duty to ascertainfrom the appellant
Prison,the clerk counsel de oficioto defend him.85
appoint a
Whether he desires the court to

GR. No. 90294,24 Septenv-

20 June 1997; Peoplev. Rio,
No. 118435,
People v, Seno, GR
ber 1991.
Rule 122,Section13.
Rules of Court,
 CRIMINAL PROCEDURE

in a Casewhere the accused had sigtified his intent to withdraw

his appeal, the
courtis required to inquire into the reason for the withdrawal
Where it finds the
sole reason for the withdrawal to be poverty,
must assigt a counsel court
de oficio,for despite such withdrawal, the duty to
Botect the rights of the accused subsists.86
To safeguard this right, the clerk of court is mandated
perüficate of compliance with to execute a
this duty and tra.nsmit it with the record."

QMt,