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Criminal Procedure and Court Testimony: Study Guide No. 6

This study guide presents information about criminal appeals. It was prepared by Dr. Ria Bueno-Lucero for her criminology students at Bataan Heroes College. The guide defines appeal and outlines the process, including who can appeal, where to file appeals, how appeals are taken, timelines, and the effects of appeals. It also discusses withdrawing appeals and includes references used in preparing the material. The overall purpose is to help students understand the concept and process of criminal appeals in the legal system.

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Kasumi Alba
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622 views

Criminal Procedure and Court Testimony: Study Guide No. 6

This study guide presents information about criminal appeals. It was prepared by Dr. Ria Bueno-Lucero for her criminology students at Bataan Heroes College. The guide defines appeal and outlines the process, including who can appeal, where to file appeals, how appeals are taken, timelines, and the effects of appeals. It also discusses withdrawing appeals and includes references used in preparing the material. The overall purpose is to help students understand the concept and process of criminal appeals in the legal system.

Uploaded by

Kasumi Alba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BATAAN HEROES COLLEGE

STUDY GUIDE NO. 6

Criminal Procedure and


Court Testimony
CLJ 6

Ria Bueno-Lucero, Ph.D., J.D.


Criminology Department

CLJ 6
Ria Bueno-Lucero,PhD.JD.
BATAAN HEROES COLLEGE

Bataan Heroes College

CLJ 6
Criminal Procedure and
Court Testimony

Study Guide No.6


Appeal

Prepared by:
Ria Bueno-Lucero, Ph.D., J.D.
Criminology Department

Study Guide 6: Appeal

CLJ 6
Ria Bueno-Lucero,PhD.JD.
BATAAN HEROES COLLEGE

Introduction
This study guide presents the entire concept of appeal.

Learning Objectives
At the end of this module, the student should be able to:
1. Define appeal;
2. Determine the concept of appeal; and,
3. Have knowledge about appeal.

Appeal
Is a proceeding for review by which the whole case is transffered to a higher
court for a final determination (Pamaran).
An appeal in a criminal proceeding throws the whole case open for review and
it becomes the duty of the appellate court to correct an error as may be found in the
appealed judgment, whether it is made the subject of assignment of errors or not
(People v. Calayca, G.R. No. 121212, January 20, 1999).

Sec.1. Who may appeal


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

Distinctions:
Final judgment Final order
A judgment which would become final if An order which disposes of the whole
no appeal is taken. subject matter or terminates a particular
issue leaving nothing to be done but to
enforce by execution what has been
A final judgment does not mean a determined.
judgment that has become final, for then
no appeal can lie, would become final if
no appeal is taken.

Appeal of a judgment Appeal of an order


Must be perfected within 15 days from Must be perfected within 15 days from
promulgation. notice of the final order.

Sec. 2. Where to appeal?


FROM TO

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Ria Bueno-Lucero,PhD.JD.
BATAAN HEROES COLLEGE

MeTC, MTCC, MTC, MCTC RTC


RTC CA or SC
CA SC

Sec. 3. How appeal taken


1. Appeal to the RTC - by filing a notice of appeal with the court that rendered the
judgment or final order appealed from and serving a copy to the adverse party.
2. Appeal to the CA from the decision of the RTC in the exercise of its original
jurisdiction - by filing a notice of appeal with the court rendered the final judgment or
order appealed from and serving a copy to the adverse party.
3. Appeal to the CA in cases decided by RTC in the exercise of its appellate
jurisdiction - by petition for review under rule 42.
4. Appeal to the CA in cases where the penalty imposed is RP, LI 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 is imposed - by filing a notice of appeal with the CA.
5. Death penalty - automatic review by the CA
6. Other appeals to the SC - by petition for review on certiorari under rule 45.
Modes of Review:
1. Ordinary appeal (Rule 122)
2. Petition for review (Rule 42)
3. Petition for review on certiorari (Rule 45)
4. Automatic appeal (Rule 122)
Sec. 4. Service of notice of 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.

Sec. 6. When appeal, to be taken.—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 has
been served upon the accused or his counsel at which time the balance of the period
begins to run.

CLJ 6
Ria Bueno-Lucero,PhD.JD.
BATAAN HEROES COLLEGE

SEC. 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 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.

SEC. 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.

SEC. 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 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.

SEC. 12. Withdrawal of appeal.

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Ria Bueno-Lucero,PhD.JD.
BATAAN HEROES COLLEGE

Once appeal is withdrawn, the decisionor judgment appealed from becomes at


once final and executory People vs. Dueno, 90 SCRA 23).

References

Pamaran, Manuel R., Revised Rules of Criminal Procedure. 2016.


Riano, Criminal Procedure. 2018.

Revised Rules of Court. 2022.

CLJ 6
Ria Bueno-Lucero,PhD.JD.

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