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13. APPEAL - Coggle Diagram
13. APPEAL
HOW APPEAL IS TAKEN
Summary of rules
(1) Cases decided by RTC (original) and by 1st level courts -- filing a notice of appeal with the court which rendered the judgment appealed from AND by serving a copy of the notice of appeal upon the adverse party
(2) Cases decided by RTC (appellate) -- petition for review under Rule 42
(3) Cases where penalty imposed is reclusion perpetua or life imprisonment -- notice of appeal to CA
(4) Cases where death penalty is imposed -- automatic review by CA, no need for notice of appeal
(5) All other appeals to SC - petition for review on certiorari under Rule 45
Contents of notice of appeal
- Indicate parties to the appeal
- Specify judgment or final order or a part thereof appealed from
- Specify the court to which the appeal is being taken
- State the material dates showing the timeliness of the appeal
3 ways of appealing from RTC
- Cases decided in exercise of original jurisdiction -- ordinary appeal to CA
- Cases decided in exercise of appellate jurisdiction -- petition for review to CA
- Only questions of law are raised or involved -- petition for review on certiorari with SC
Effect of disallowance of notice of appeal
- Signifies the disallowance of the appeal itself
- No appeal shall be taken from an order disallowing or dismissing an appeal
- Proper remedy: Filing of a special civil action under Rule 65
Formal requirements of a Petition for Review (Rule 42)
- Must be verified
- Filed and served within 15 days from notice of decision sought to be reviewed or of the denial of a motion for new trial or reconsideration filed in due time after judgment
- CA may grant an additional period of 15 days only within which to file the petition for review
Certification requirement for a Petition for Review (Rule 42)
- The petition must be accompanied by a certification under oath that the petitioner has not commenced any other action involving the same issues in SC, a different division of CA or any other tribunal or agency
- If there is such other action or proceeding, he must state the status of the same and there is another action pending, he undertakes to inform such court within 5 days
Other contents of the certification requirement under Rule 42
- Full names of the parties to the case
- Specific material dates showing that it was filed on time
- A statement of matters involved, issues raised and specification of errors of fact or law or both allegedly committed by RTC
- Reasons or arguments relied upon for allowance of the appeal
- Clearly legible duplicate originals or true copies of the judgment or final orders of both lower courts certified correct by the clerk of court of RTC
- Copies must be in the requisite number of plain copies
- Pleadings and other material portions of the record as would support the allegations of the petition
Effect of failure to comply with Rule 42 and 45 requirements
- Failure to comply with any requirements on payment of docket and other lawful fees, deposit for costs, proof of service of the petition and contents of the document accompanying the petition shall be SUFFICIENT GROUDN FOR DISMISSAL
Automatic review of CA in cases of death penalty
- No notice of appeal is required
- Records shall be forwarded to CA for automatic review within 20 but not earlier than 15 days from promulgation of the judgment or notice of denial of a motion for new trial or reconsideration.
Appeals from CA
GR: Appeals from CA to SC are by petition for review on certiorari under Rule 45
XPN: Appeal is by notice of appeal when the penalty imposed is:
(1) Reclusion perpetua or life imprisonment
(2) Lesser penalty involving same offenses committed on the same occasion or arising out of the same occasion that gave rise to the more serious offense for which death penalty or life imprisonment is imposed
Grounds for denial of appeal by SC
- SC may on its own initiative deny the petition on the ground that:
(1) The appeal is without merit or;
(2) Is prosecuted manifestly for delay or;
(3) The questions raised are too unsubstantial to require consideration
Effect of grant of parole
- Granting of parole does not render an appeal moot
IN GENERAL
Who may appeal?
GR: Any party may appeal from a judgment or final order
- Both the accused and the prosecution may appeal
XPN: if the accused will be place in double jeopardy
When does an appeal not constitute double jeopardy?
(1) The dismissal is made upon motion, or the express consent of the defendant
(2) The dismissal is not an acquittal or based upon consideration of the evidence or of the merits of the case
(3) The question to be passed upon by the appellate court is purely legal
Appeal from the prosecution
- GR: The prosecution cannot appeal or bring error to proceedings from a judgment rendered in favor of the defendant in a criminal case
- XPN: No double jeopardy
Appeal from offended party
- Offended party may appeal the judgment with respect to their right to civil liability
- They may appeal even despite acquittal as long as it concerns the civil aspect ONLY
How to assail a judgment of acquittal
- A judgment of acquittal may be assailed through a petition for certiorari under Rule 65
- Must show that the lower court:
(1) Committed reversible errors AND
(2) Exercised GADALEJ or a denial of due process
- The prayer must not be tantamount to putting private respondents in double jeopardy
- The aggrieved parties are:
(1) the State
(2) the private offended party
Manner and period of perfecting appeals
- GR: The rules on the manner and periods for perfecting appeals are STRICTLY applied
- XPN: Very exceptional circumstances or equitable considerations
Where to appeal
(1) Cases decided by 1st level courts -- RTC
(2) Cases decided by RTC -- CA or SC
(3) Cases decided by CA -- SC
Appeal by some and not all of the accused
GR: An appeal taken by one or more of the several accused shall not affect those who did not appeal
XPN: If the judgment of the appellate court is favorable
Benefit of stay of execution
- Pending appeal, the judgment or final order appealed from does not attain finality
- The benefit of a stay of execution cannot be extended co-accused who failed to file an appeal.
Withdrawal of appeal
- HOW? By filing a Motion to Withdraw Appeal
- WHEN? The notice of appeal may be withdrawn BEFORE the records of the case have been forwarded to the appellate court
- WHERE? Court that rendered the appealed judgment
- EFFECT: It shall have the effect of making the appealed judgment final and executory