Title X Crimpro - K. Judgment - L. Remedies (Reconsideration/Appeal)

Requisites of Judgment

  1. Must be Written in the Official Language
  2. Personally and directly prepared and signed by the Judge
  3. Must contain clearly and distinctly a statement of the facts and the law upon which it is based.
  4. Compliant with Jurisdictional requirements

Contents of Judgment

3. Promulgation of Judgment

Promulgation In Absentia (120.6)

  1. Accused must fail to appear at scheduled promulgation despite due notice
  2. Promulgation will be made by recording the judgment in the criminal docket AND serving accused a copy through counsel or last known address.

4. Reopening of the Case

5. Amendment of the Information

6. Finality of Judgment (120 S. 7) - Occurs in Four instances:

  1. After lapse of period for perfecting an appeal
  2. When the sentence has been partially or totally satisfied or served
  3. When the accused has waived in writing his right to appeal
  4. Accused has applied for probation

7. Probation - Effectively, admits conviction so there is already finality of judgment.

  • XCPN - Probation pending appeal within the 15 day period.

9. Automatic Suspension of Judgment RA 9344

REMEDIES FROM A JUDGMENT OF CONVICTION - Consists of five possible remedies.

  1. Modification of Judgment
  2. Reopening of Proceedings
  3. Motion for New Trial
  4. Motion for Reconsideration
  5. Appeal from Judgment

MODIFICATION OF JUDGMENT (120 S. 7) - May be made under 2 requisites:

  1. Motion of Accused - Upon motion of the accused
  2. Before - finality of judgment or perfection of appeal.

REOPENING OF PROCEEDINGS (119 S. 24) - Available under:

  1. Motion/No Motion - Upon motion or motu proprio
  2. To avoid a miscarriage of justice.
  3. Hearing - Reopening of proceedings requires a hearing, unlike modification of judgment.
  4. Period of termination - Must be terminated within (30) days from order granting it.

RECONSIDERATION (121) - Motion of the accused or motu proprio

L. NEW TRIAL -

CONVICTION

  1. Legal qualification of the offense constituted by the acts committed by the accused
  2. Aggravating and mitiating circumstances which attended the commission of the offense
  3. Degree of participation of the accused i.e. principal
  4. Penalty imposd
  5. Civil liability or damages to be recovered

ACQUITTAL

  1. State whether or not the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt
  2. Determine if the act or omission from which the civil liability might arise did not exist.

GENERAL RULE - Reading it in the presence of the accused and any judge of the court that rendered the same.

EXCEPTION - For a light offense, judgment may be pronounced in the presence of counsel or representative.

JUDGE NOT PRESENT - Judgment may be promulgated by the clerk of court.

EFFECTS OF ABSENCE (Jaylo v. Sandiganbayan) -

  1. GR - If the judgment is one of conviction, accused loses the remedies available under the RoC against the judgment and shall be arrested.
  2. XCPN - Unless, within (15) days from promulgation IF:
  • (a) he surrenders
  • (b) and files motion for leave of court to explain, and proves that the absence wa sjustified.
  • He shall be allowed to avail of remedies within (15) days from notice.

Sec. 38. Automatic Suspension of Sentence.

  • Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed.
  • However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application:
  • Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen (18) of age or more at the time of the pronouncement of his/her guilt.

Sec. 40. Return of the Child in Conflict with the Law to Court. If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the condition of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.

Grounds for New Trial

  1. Errors of Law
  2. Irregularities prejudicial to the substantial rights of the accused
  3. New and material Evidence has been discovered.

3. Effects (121 S. 5)

  1. Original judgment shall be set aside or vacated and a new judgment shall be rendered accordingly

4. Neypes Doctrine - Allows for fresh period of (15) day appeal per latest motion.

NEWLY-DISCOVERED EVIDENCE (121 S. 2)

  1. Evidence must have been discovered after the trial
  2. Could not have been previously discovered and produced at trial even with the exercise for reasonable diligence
  3. New and Material Evidence
  4. If introduced and admitted, would probably change the judgment

FINALITY OF JUDGMENT (120 S. 7)

  1. After lapse of period for perfecting an appeal
  2. When the sentence has been partially or totally satisfied or served
  3. When the accused has waived in writing his right to appeal
  4. Accused has applied for probation

GROUNDS

  1. Errors of law in the judgment which requires no further proceedings
  2. Errors of fact which require no further proceedings.

NEW EVIDENCE - Evidence already adduced shall stand, newly-discovered evidence shall be taken together with evidence on record.

ERRORS OF LAW/IRREGULARITIES - All proceedings and evidence affected shall be set aside and taken anew. Court may also allow introduction of additional evidence.

M. APPEAL

WHEN TAKEN (Yu v. Tatad) - (15) days counted from the notice of final order, resolution, award, judgment or decision appealed from. Thus, not constrained by original (15) day period.

WHO MAY APPEAL - Any party, subject to rules on double jeopardy.

WAIVER (People v. Torres) - An appeal means that the accused waives his right to double jeopardy.

WHERE TO APPEAL - MTC --> RTC --> CA --> SC

Reclusion Perpetua (122 S. 3) - Shall be elevated to the CA for automatic review without need of filing of an appeal. This is a notice of appeal. But, accused may appeal to SC via rule 45 on pure questions of law.

Notice of Appeal - filed when decision is rendered by the Court in its original jurisdiction. If appellate, then appeal is via certiorari 45

NOTICE OF APPEAL - Shall be served upon adverse party or his counsel by personal service. If this cannot be done, then by registered mail or substituted service.

WAIVER - Appellate court may entertain an appeal notwithstanding failure to give notice if interests of justice so require.

EFFECT OF APPEAL - Shall stay execution of judgment or final order appealed from.

SC EN BANC DIVIDED (125 S. 3) - Acquittal is proper.

M. APPEAL - A proceeding to have a decision reconsidered by bringing it to a higher court authority.

A. WHO APPEALS -

  1. GR - Any party may appeal from a judgment or final order, therefore also includes the prosecution.
  2. XCPN - The accused will be placed in double jeopardy.
  3. XCPN 2 XCPN (People v. Macapundag) - If an accused appeals fromt he sentence of hte trial court, deemed a waiver of the right against double jeopardy. Therefore, entire case may be subject to review.

B. WHERE TAKEN, How filed (Rule 122, Sec. 2) -

  1. First-Level Courts (MeTC, MTC, MCT) - To the RTC.
  • NOTICE OF APPEAL (Rule 40)
  1. Regional Trial Courts (Rule 122, Sec. 3) - Either to the SC, the CA, or the Sandiganbayan.
  1. Court of Appeals (Rule 122, Sec. 3) - Appeal to the Supreme Court
  • (a) AUTOMATIC REVIEW - No notice of appeal needed if case imposes death penalty.
  • (b) NOTICE OF APPEAL - If Reclusion perpetua, life imprisonment.
    • Choice of Appeal - Appellant can either use Rule 45 or Notice of Appeal in these cases. But, Rule 45 involves only pure questions of law as regards CA decisions. (Dungo v. People)
  • (c) RULE 45 / Review on Certiorari - If penalty is lower than RP or Life Imprisonment.

Mode of Review (125.2) - Same as in civil cases. Procedure before the SC in original and appellate jurisdiction is the same as that with the CA, unless otherwise provided by Constitution or law. (People v. Taruc)

Divided en banc SC (125.3) - If equally divided then the following steps are observed:

  1. Case shall again be deliberated upon
  2. If no decision after re-deliberation, acquittal is instead rendered.

1. Effect of Appeal

3. Effect of Appeal on Multiple Accused

4. Grounds for Dismissal - Dismissal by the CA upon the following grounds:

  1. Failure to File - brief within prescribed period
  2. Appellant performs - any of the following during the pendency of an appeal.
  • Jumps bail
  • Escapes imprisonment
  • Flees to a foreign country

5. Withdrawal of Appeal

6. Appeals in Special Cases

9a. Appellate Jurisdiction of the Sandiganbayan (PD 1606 as Amended) -

  1. The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.


  2. The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

9b. Omnibus election Code (BP 881, Sec. 268) - Section 268. Jurisdiction of courts. - The regional trial court shall have the exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases.

9c. CTA Jurisdiction

Exclusive Appellate Jurisdiction -
Pursuant to the provisions of Republic Act No. 1125 and other laws prior to R.A. 9282, the Court of Tax Appeals retains exclusive appellate jurisdiction to review by appeal, the following:


  1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of law administered by the Bureau of Internal Revenue;


  2. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs [Rep. Act. No. 1125, (1954), Sec. 7];


  3. In automatic review cases where such decisions of the Commission of Customs favorable to the taxpayer is elevated to the Secretary of Finance (Sec. 2315, TCC); and


  4. Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, or the Secretary of Agriculture, in the case of agricultural product, commodity or article, in connection with the imposition of the Anti-Dumping Duty, Countervailing and Safeguard Duty [Republic Act Nos. 8751 and 8752, (1999) Sec. 301 (a) and (p), and Republic Act 8800].

Original Appellate Jurisdiction -

  1. Criminal cases involving violations of the National Internal Revenue Code and the Tariff and Customs Code;


  2. Decisions of the Regional Trial Courts (RTC) in local tax cases;


  3. Decisions of the Central Board of Assessment Appeals (CBAA) in cases involving the assessment and taxation of real property; and


  4. Collection of internal revenue taxes and customs duties the assessment of which have already become final.

When Made -

  1. Appeal to the RTC/MTC BEFORE forwarding to appellate Court(122.12) - RTC or MTC may allow the appellant tow ithdraw appeal BEFORE the record has been forwarded to the proper appellate court.
  2. Where Case has been Forwarded (122.12) - If the case is already on appeal, RTC may allow withdrawal up to its discretion provided that both:
  • (a) Motion to withdraw is filed
  • (b) Motion is filed before the RTC renders judgment on the appeal.

Effect of Withdrawal - the judgment becomes final and executory. If withdrawn before appellate court, case is remanded for execution.

Effect of Failure to File Memoranda -

On April 22, 2009, Sanico’s counsel filed a notice of appeal in the MCTC.4 Consequently, on January 5, 2010, the RTC, Branch 25, in Danao City ordered Sanico to file his memorandum on appeal. Sanico did not comply; hence, the RTC ruled on March 16, 2010,5 as follows:


The motion of plaintiff is impressed with merit.  The failure of the accused-appellants to file Memorandum on Appeal is a ground for dismissal of the Appeal.

WHEREFORE, the appeal of the accused is ordered dismissed with prejudice.

SO ORDERED.6

Failure to File before the RTC (122.9) - in Criminal cases, memoranda may or may not be required. Therefore, dismissal cannot be premised on failure to file memorandum on appeal. This applies even if the RTC requires the filing. (Sanico v. People)

  • Civil Procedure - Note, in civpro under Rule 40 failure to file is grounds for dismissal.

Failure to File; CA (124.8) -

  1. GR - Failure to file required brief within time period is a ground for dismissal.
  • How Dismissed - Motu proprio, or upon motion with notice to adverse party.
  1. XCPN - If appellant represented by counsel de officio .

As to Matter for Review

Civil Cases

  1. GR - Only errors stated in the assignment of error will be considered.

  1. XCPN (Heirs of Doronio v. Heirs of Doronio) - If error affects any of the following:
  • (a) Jurisdiction of court over subject matter;
  • (b) validity of the judgment appealed from or proceedings therein;
  • (c) Error is closely related or dependent on an assigned error and properly argued in the brief;
  • (d) Plain/clerical errors;
  • (e) Consideration of errors necessary in arriving at a complete and just resolution of the case.

Criminal Cases - Entire case is open for review, even if unassigned.

Stay of Execution (Rule 122, Sec. 11c) -

  1. GR - Upon perfection of an appeal, execution is stayed as to the appealing party.
  2. XCPN (Lubrica v. People) - A co-accused/party who fails to appeal may not benefit from the stay of execution obtained by co accused. Stay of execution is a mere procedural consequence.
  3. XCPN 2 XCPN - If the judgment of the appellate court is favorable to the accused, extends to the co-accused regardless if they appealed or not. (People v. Valdez)

Transmission of Papers to Appellate Court (122.8) - Within (5) days from filing of notice of appeal, clerk of court must transmit complete records + copy of notice of appeal + stenographic notes (original and 3 copies) to appellate court.

Conduct of Appeal Proper -

  1. CA as Appellate (124.12) - May receive new evidence/conduct enw trial, perform all acts necessary to resolve factual issues raisded in cases falling under jurisdiction. This includes power to grant and conduct new trial and further proceedings.

Limitations on CA Authority (124.12) - Must be continuous, and completed in three months UNLESS extended by chief Justice.

  1. RTC as Appellate (122.9) - Within (15) days from receipt of notice, RTC may require or, parties may submit briefs or memoranda.
  • After submission or expiration of 15 day period, RTC shall decide on the basis of records + memoranda/briefs
  • MAY NOT CONDUCT TRIAL OR RECEIVE EVIDENCE.

Appeal from Civil Aspect (122.11b) -

  1. Effect - Does not affect the criminal aspect of the judgment or order appealed from.
  2. Period of Appeal (Ching v. Nicdao) - Same period for the offended party as that granted to the accused.

C. WHEN TAKEN - Must be taken within (15) days from either:

  1. Promulgation of Judgment;
  2. Notice of Final Order Appealed from

Fresh Period Rule (Neypes v. CA) - A fresh (15) day period within which to file a notice of appeal is granted.

  • This is counted from the receipt of the order dismissing a motion for new trial/motion for reconsideration.
  • Here, appeal of the judgment itself NOT the motion for reconsideration.

Effect of Failure to File within Period (Ramirez v. People) - Deprives the appellate court of jurisdiction to consider the appeal.

Service of Notice of Appeal (122.4-5) -

  1. GR - Notice of appeal should be served upon the adverse party or his counsel.
  • Personal service.
  • If cannot be made, then substituted, or registered mail under RoC 13.7-8
  1. XCPN - Appellee may waive his right to a notice.

Substantial Interest; Lack of Service - Appellate court has discretion to entertain an appeal even if no notice given if, the interests of justice so require.

General Principles of Appeal -

Nature (Dungo v. People) - A mere statutory privilege, not part of due process nor a natural right. May be exercised only in the manner and, in accordance with the provisions of law.

  • Effect of Appeal Law (Hilario v. People) - Once granted by law, becomes a statutory right, the suppression of which violates due process.

Consideration of Factual Findings (People v. Racal) - factual findings of the trial court, especially when affirmed by the Court of Appeals deserve great weight and respect.

  • GR - should not be disturbed on appeal.
  • XCPN - Facts of weight and substance were overlooked or misinterpreted and would materially affect the disposition of the case.

Credibility of Witnesses -

  • GR - Accorded great respect, as they are in the best position to observe the deportment and manner of testifying + assessment of evidence in general.
  • XCPN (Lejano v. CA) - Where discrepancies in the testimony of a witness are apparent, appellate court may rule otherwise.

Change of Theory on Appeal (People v. Mamaril) -

  1. GR - A party cannot change his theory on appeal, may also not raise any question of law/fact that was not raised int he court below, or which was not within the issue raised by the parties in their pleadings.
  2. XCPN (? vibes onli) - Since appeal in crim case throws the entire case open, same effect.
  • From Same Case - We opt to get out of the ordinary in this case. After all, technicalities must serve, not burden the cause of justice. It is a prudent course of action to excuse a technical lapse and afford the parties a review of the case on appeal to attain the ends of justice.

Harmless error Rule (124.10/People v. Teehankee) - Not all errors are grounds for reversal. if slight and insignificant such that no prejudice will be caused, error by trial court will be disregarded. This is why 124.10 requires only after error injuriously affects the substantial rights of the appellant will an appellate court reverse or modify a judgment.

Rationale (Jaylo) - Accused on bail loses standing in court if they fail to present themselves at the promulgation of judgment.

Repromulgation of Judgment (Adm. Circ. No. 16-93) - Because process of promulgation differs in original v appellate courts (in original, promulgation proper. Whereas in appellate, only remanded to original for execution) there is no need for another promulgation in decisions of appellate courts. Thus, not allowed.

Procedure in Repromulgation -

  1. Accused in Detention - Upon receipt of the certified copy of the judgment of the appellate court if the convict is under detention, the trial court should issue forthwith the corresponding mittimus or commitment order so that the prisoner may be considered remitted or may be transferred to the corresponding prison facility for confinement and service of sentence.
  2. Accused out on Bail - The trial court shall immediately order the bondsman to surrender the convict to it within ten (10) days from notice and thereafter issue the corresponding mittimus. In both cases, the trial court shall submit to this Court proof of the execution of judgment within fifteen (15) days from date of such execution

MITTIMUS and COMMITMENT ORDER *MITTIMUS- refers to a warrant issued by a court to commit someone to inprisonment

When Made (People v. Tee) - A motion to reopen may properly be presented only after either or both parties have formally offered and closed their evidence, but before judgment

Time Period for Reopening (119.24; Cabarles v. Maceda) - Following requirements for reopening a case:

  1. PRIOR TO FINALITY the reopening must be before the finality of a judgment of conviction;
  • Therefore, may be made after promulgation.
  1. ORDER - the order is issued by the judge on his own initiative or upon motion;
  2. HEARING - the order is issued only after a hearing is conducted;
  3. the order intends to prevent a miscarriage of justice; and
  4. the presentation of additional and/or further evidence should be terminated within thirty days from the issuance of the order.

Rationale - the court, for good reasons, in the furtherance of justice, may allow new evidence upon their original case, and its ruling will not be disturbed in the appellate court where no abuse of discretion appears.25 A motion to reopen may thus properly be presented only after either or both parties had formally offered and closed their evidence, but before judgment is rendered,26 and even after promulgation but before finality of judgment27 and the only controlling guideline governing a motion to reopen is the paramount interest of justice.28 This remedy of reopening a case was meant to prevent a miscarriage of justice.29

Requirement of Jurisdiction (Gonzales v. CA) -

  1. In this case, information was for qualified seduction before the MTC. But, when defense rested its case the prosecution filed a motion to amend the information to rape.


  2. MTC dismissed the motion, holding that the trying court must have jusridiction to hear BOTH THE ORIGINAL AND SUBSEQUENT case filed against the accused.


  3. MTC having no juris for rape, amendment may not be allowed.

Statement of Facts and Law Requirement (Lumanog, et al v. People) - A decision that does not clearly and distinctly state these leaves the parties and the dark and is prejudicial to the losing party.

Memorandum Decisions (Lumanog v. People) - Deemed valid, but SC recommends using own language on the part of the appellate court.

Effect of Change of Judges/Decision by Judge who did not hear the case (people v. Alfredo) - Does not render judgment erroneous, especially where evidence on record sufficient to support the conclusion reached.

Variance Doctrine (Malabanan v. Sandiganbayan) -

  1. GR - Accused can only be convicted of offense charged in the information.
  2. XCPN - Where the offense proven is necessarily included in the offense charged, may be convicted on that ground.

When Deemed Necessarily Included (People v. Pareja) - When some of the essential elements of an offense charged incldues the offense proven.

Ex.

  1. Serious Physical Injuries ---> Includes less serious
  2. Rape - Includes acts of lasciviousness
  3. Robbery - Includes Theft.

Variance in Mode fo Commission (People v. Abello) - A variance between allegation of mode of commission i.e., force and intimidation alleged but via taking advantage of sleep.

  • If accused fails to object to evidence showing taht hte crime was committed in a different manner than what was alleged, then mode of commission proven is deemed binding.

When Made - Must be filed before the judgment of conviction becomes final. After finality, will no longer be entertained. (Tadeja v. People)

Period for Resolution for New trial/Reconsideration (Continuous Trial Rules) - Must be resolved within:

  1. (10) - Calendar Days from submission of prosecution's comment
  • With or without comment, court must resolve within the 10 day period.

Form / Filing (121.4) - Section 4. Form of motion and notice to the prosecutor. -

  1. Shall be in writing, state the grounds on which it is based.
  2. If based on a newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence.
  3. Notice of the motion for new trial or reconsideration shall be given to the prosecutor.

Section 5. Hearing on motion. — Where a motion for a new trial calls for resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise.

  • Court of Appeals -
    • (a) RULE 42 - In cases decided by the RTC in its appellate jurisdiction.
    • (b) NOTICE OF APPEAL - If decided by the RTC in its original jurisdiction.
    • (c) Death Penalty - No notice of appeal necessary, automatic review.
  • Supreme Court - NOTICE OF APPEAL
    • Note that if cases involving penalty of reclusion perpetua or life imprisonment notice of appeal is now first to the CA (People v. Mateo)
  • Sandiganbayan
    • (a) ORDINARY / NOTICE OF APPEAL - If rendered by RTC in its original jurisdiction.
    • (b) RULE 42 REVIEW - Petition for review if rendered by the RTC in its appellate jurisdiction.