Rule 122

SLIDESMANIA.
Rule 122: APPEAL

SLIDESMANIA.C
Appeal, defined.
Bringing up of a final judgment of the
lower court to a higher court for review.
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Section 1: Who may Appeal?
➔ Accused.
➔ Prosecution.
➔ Government
➔ Offended Party
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Despite acquittal, either the

offended party or the accused
may appeal, but only with
respect to the civil aspect of the Petition for Certiorari
decision.
- under Rule 65 of the RoC
- Grounds:
a. Grave abuse of discretion amounting to lack or excess

of jurisdiction
b. Denial of due process

SLIDESMANIA.C
The Court is clothed with

ample authority to review
matters, even those not raised
on appeal, if it finds it Rules on Appeal
necessary in arriving at a just
disposition of the case.
- 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.
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Section 2: Where to Appeal?
➔ RTC
➔ CA
➔ SC
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Section 3: How Appeal is Taken
Appeal from First Level Courts

●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.
●Upon perfection of the appeal filed in due time and the

expiration of the time to appeal of the other parties, the
court loses jurisdiction over the case.
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Appeal from RTC
● Ordinary appeal to the CA – original jurisdiction of RTC
● Petition for review to the CA – appellate jurisdiction of

RTC
● Petition for review on certiorari filed with the SC – only

questions of law are raised.
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Appeal from RTC

(Original Jurisdiction)
● A judgment rendered by the RTC in its original
jurisdiction sentencing the accused to other than life
imprisonment, death, or reclusion perpetua must be taken
to the CA 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.
● Upon disallowance of notice of appeal, the aggrieved party

can file a special civil action under Rule 65.
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Appeal from RTC

(Appellate Jurisdiction)
● By petition for review under Rule 42 of RoC

● The petition must be accompanied by a Certificate Against
Forum Shopping
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Appeal from RTC

(Appellate Jurisdiction)
● If death penalty is imposed, no notice of appeal is
necessary. The records shall be forwarded to the CA for
automatic review and judgment within 20 but not earlier
than 15 days from promulgation of judgment or notice of
denial of motion for new trial or reconsideration.
● If reclusion perpetua or life imprisonment is imposed,

appeal shall be by notice of appeal to CA.
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Appeal from CA
●Appealed to the SC, generally through a petition for review
on certiorari under Rule 45.
●SC may motu proprio deny the petition on the ground that the
appeal is without merit, or is prosecuted manifestly for
delay, or that the questions raised are too unsubstantial to
require consideration.
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Summary of the Appellate Process

Appeal From Appeal to Method of Appeal
First Level Courts RTC Notice of Appeal filed in the First level
courts (Rule 40)
RTC Notice of Appeal filed in the RTC (Rule

(Original Jurisdiction) CA 41)
RTC Petition for Review filed in the CA

(Appellate Jurisdiction) CA (Rule 42)
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RTC imposes the penalty of Notice of Appeal filed in RTC (Rule

reclusion perpetua or life 41)
imprisonment or a lesser penalty, CA
but on the occasion of occurrence
that gives rise to the penalty of
death, reclusion perpetua or life
imprisonment
Automatic Review
RTC imposes death penalty CA
CA imposes a penalty other than Petition for Review on Certiorari filed

death, reclusion perpetua or life SC in the SC (Rule 45)
imprisonment
CA renders judgment, but refrains
CA imposes death penalty SC from making an entry of judgment
and certifies the case and elevates
the entire record to the SC for review
CA imposes the penalty of reclusion Notice of appeal filed in the CA
perpetua or life imprisonment or a (Rule 41)
lesser penalty, but on the occasion of SC
occurrence that gives rise to the
penalty of death, reclusion perpetua
or life imprisonment
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Section 4: Service of Notice of

Appeal
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Requirements:
Appellate court may,

(1)personally; - GR Failure of service to in its discretion,
(2) registered mail; the adverse party or entertain an appeal
or prosecution in a notwithstanding
(3) delivery to the criminal proceeding failure to give such
clerk of court, with is not always fatal notice if the
proof of failure of as long as the notice interests of justice
both personal service of appeal had been so require.
and service by mail. filed on time.
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Section 5: Waiver of Notice

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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 of the interests of justice so require.
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When Appeal to be taken

● From judgment rendered by RTC: 15 days from the
promulgation or notice of the judgment appealed from.
● Reckoning Point
Accused Appealed – counted from the date of the promulgation
of the decision
Private offended party appealed – counted from receipt of a
copy of the judgment
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Section 8:
Transmission of Papers to Appellate Court
- Within 5 days from the filing of the notice of appeal.

- Transcript of stenographic notes must be transmitted without undue
delay.
- if death penalty is imposed, no motion or order is needed. Unless
granted an extension by the SC on justifiable grounds, the
stenographic reporter has 30 days from promulgation of the sentence
to file the transcription of his notes with the CoC.
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In case of death penalty,

records of the case and the
judgment shall be forwarded to Section 11:Effect of Appeal by any of Several
the CA within twenty but not Accused
earlier than fifteen days from
promulgation of judgment or An appeal taken by one or more of several
notice of denial of motion for accused shall not affect those who did not
new trial or reconsideration. appeal, except insofar as the judgment 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.
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Stay of Execution
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 afforded to the accused who timely files

an appeal cannot be extended to his co-accused who failed
to file the same.
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Section 12: Withdrawal of Appeal
● First Level Courts: The notice of appeal may be withdrawn before

the records of the case have been forwarded to the appellate
court
● RTC: The appeal may be withdrawn before rendition of the judgment

in the case on appeal.
● Effect of withdrawal – Appealed judgment becomes final and

executory.
SLIDESMANIA.C
Section 13: Appointment of

Counsel de Officio
This right does not cease upon the
conviction of the accused by a trial court
but continues, even during appeal.
Thank you!
SLIDESMANIA.C
SLIDESMANIA.C

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SLIDESMANIA.

Rule 122: APPEAL

Section 1: Who may Appeal?

Despite acquittal, either the

- under Rule 65 of the RoC

a. Grave abuse of discretion amounting to lack or excess

b. Denial of due process

The Court is clothed with

Section 2: Where to Appeal?

Section 3: How Appeal is Taken

Appeal from First Level Courts

●Upon perfection of the appeal filed in due time and the

Appeal from RTC

● Ordinary appeal to the CA – original jurisdiction of RTC

● Petition for review to the CA – appellate jurisdiction of

● Petition for review on certiorari filed with the SC – only

Appeal from RTC

● Upon disallowance of notice of appeal, the aggrieved party

Appeal from RTC

● By petition for review under Rule 42 of RoC

Appeal from RTC

● If reclusion perpetua or life imprisonment is imposed,

Summary of the Appellate Process

RTC Notice of Appeal filed in the RTC (Rule

RTC Petition for Review filed in the CA

RTC imposes the penalty of Notice of Appeal filed in RTC (Rule

CA imposes a penalty other than Petition for Review on Certiorari filed

Section 4: Service of Notice of

Appellate court may,

Section 5: Waiver of Notice

The appellee may waive his right to a notice that an appeal

When Appeal to be taken

Transmission of Papers to Appellate Court

- Within 5 days from the filing of the notice of appeal.

In case of death penalty,

The appeal of the offended party from the civil

Upon perfection of the appeal, the execution of the

Stay of execution afforded to the accused who timely files

Section 12: Withdrawal of Appeal

● First Level Courts: The notice of appeal may be withdrawn before

● RTC: The appeal may be withdrawn before rendition of the judgment

● Effect of withdrawal – Appealed judgment becomes final and

Section 13: Appointment of

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