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    Section 9. Appeal To The Regional Trial Courts.

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    Doms Erodias
    This document discusses the appeal process for cases from lower trial courts to the Regional Trial Court, as well as the process for automatic review of death penalty cases by the Supreme Court. It states that the clerk of the lower court must transmit the case record to the Regional Trial Court within 5 days of the appeal being perfected. The Regional Trial Court then notifies the parties once the full record is received and allows 15 days for briefs to be submitted, after which it will issue a decision based on the record and briefs. It also outlines that cases where death penalty is imposed must be automatically reviewed by the Supreme Court, with the record transmitted within 5 days of the lower court's judgment.

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    Section 9. Appeal To The Regional Trial Courts.

    Uploaded by

    Doms Erodias
    31 views2 pages
    This document discusses the appeal process for cases from lower trial courts to the Regional Trial Court, as well as the process for automatic review of death penalty cases by the Supreme Court. It states that the clerk of the lower court must transmit the case record to the Regional Trial Court within 5 days of the appeal being perfected. The Regional Trial Court then notifies the parties once the full record is received and allows 15 days for briefs to be submitted, after which it will issue a decision based on the record and briefs. It also outlines that cases where death penalty is imposed must be automatically reviewed by the Supreme Court, with the record transmitted within 5 days of the lower court's judgment.

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    sec-9-10-rule-122.docx

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    This document discusses the appeal process for cases from lower trial courts to the Regional Trial Court, as well as the process for automatic review of death penalty cases by the Supreme Court. It states that the clerk of the lower court must transmit the case record to the Regional Trial Court within 5 days of the appeal being perfected. The Regional Trial Court then notifies the parties once the full record is received and allows 15 days for briefs to be submitted, after which it will issue a decision based on the record and briefs. It also outlines that cases where death penalty is imposed must be automatically reviewed by the Supreme Court, with the record transmitted within 5 days of the lower court's judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Section 9. Appeal To The Regional Trial Courts.

    Uploaded by

    Doms Erodias
    This document discusses the appeal process for cases from lower trial courts to the Regional Trial Court, as well as the process for automatic review of death penalty cases by the Supreme Court. It states that the clerk of the lower court must transmit the case record to the Regional Trial Court within 5 days of the appeal being perfected. The Regional Trial Court then notifies the parties once the full record is received and allows 15 days for briefs to be submitted, after which it will issue a decision based on the record and briefs. It also outlines that cases where death penalty is imposed must be automatically reviewed by the Supreme Court, with the record transmitted within 5 days of the lower court's judgment.

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    RULE 122 (APPEAL ) Section 9 – 10 (Romero,Starski Joseph D.

    Section 9. Appeal to the Regional Trial 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, 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.

    - An appeal from the final judgment of the Metropolitan Trial Court, Municipal Trial Court,
    Municipal Circuit Trial Court must be taken within 15 days from the promulgation or notice
    thereof.
    - From the perfection of such appeal, the clerk of court has 5 days within which to transmit the
    original record to the Regional Trial Court.
    - Upon receipt of the complete record of the case and of the transcript/exhibits the clerk of the
    Regional Trial Court shall notify the parties of such fact.
    - After the submission of the parties, memoranda or briefs or upon the expiration of the period
    within which to file the same the Regional Trial Court may then render its decision based on the
    record of the proceedings had in the lower court and on the memoranda or briefs submitted by
    the parties.

    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 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. (10a)

    - {Automatic Review} The judgment of conviction entered by the trial court imposing death
    penalty is not final, cannot be executed and is wholly without force/effect until the case has
    been passed upon by the Supreme Court.

    - {Automatic Review} Intended for the protection of the accused, the Supreme Court in its
    exercise of Automatic review, may review the findings of fact of the trial court.

    2 Modes of Automatic Review

    1. Sect 3 (d) and 10 Rule 122, the death penalty was imposed by the RTC, the court even without notice
    of appeal, shall forward the records to the Court of Appeals for automatic review and judgment within
    20 days but not earlier than 15 days from the promulgation/notice of denial for new trial or
    reconsideration.

    2. Where the Court of Appeals affirms the death penalty automatically referred to it as previously
    stated or in a case where it will impose a death penalty in cases appealed to it punishable by a penalty
    lesser than death, the court shall render judgment but refrain from making an entry of judgment and
    forthwith certify the case and elevate its entire record to the Supreme Court for review.

    Period for transmission of records

    - The 20 day period in this section, may be extended or shortened


    - It is intended where the accused sentenced to death says nothing within the period of 15 days
    within which the case remains within the jurisdiction of the trial court.
    - If a defendant sentenced to death penalty within the period of 15 days file a motion for a new
    trail, the trial court may grant or deny it, and if the consideration of the motion for new trial or a
    new trial itself takes several days including the rendering of new decision , then the 20 days
    mentioned in the Rule must necessarily be extended.

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