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13.2. APPEAL - Coggle Diagram
13.2. APPEAL
TIME RULES
When appeal must be taken
- An appeal must be taken within 15 days from promulgation of judgment or from notice of the final order appealed from
Coverage
- Limited to judgments rendered by RTC or 1st level courts
- Ratio: There is no promulgation in higher courts
Perfection of an appeal in the manner and within the reglementary period laid down by law is not only mandatory but jurisdictional
Reckoning point for the reglementary period to run
- If the accused appealed -- the period for appeal is to be counted from the date of promulgation of the decision
- If the private offended party appealing civil aspect -- period may be counted from receipt of copy of the judgment
Fresh Period Rule (Neypes v. Court of Appeals)
- There is a FRESH PERIOD of 15 days from a denial of a MR within which to appeal
- 15-day period is no longer interrupted by the filing of a MNT or MR
-This rule also applies to appeals from conviction in criminal cases
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DUTY RELATED
Duty of Trial Court
When notice of appeal is filed by the Accused
- The trial court shall direct the stenographic reporter to transcribe his notes of the proceedings
When notice of appeal is filed by the People
- Trial court shall direct the stenographic reported to transcribe such portion of his notes of the proceedings as the court, upon motion, shall specify in writing
Correlative duty of stenographic reporter
- Certify to the correctness of the notes and the transcript thereof
- File original and 4 copies with the clerk without unnecessary delay
If death penalty is imposed
- Stenographic reporter shall (within 30 days from promulgation) file with the clerk the original and 4 copies of the duly certified transcript of his notes of the proceedings
Extensions
GR: No extension of time for filing the transcript of stenographic notes shall be granted
XPN: If granted by SC and ONLY upon justifiable grounds
Duty of Clerk of Court
When must the clerk ask the accused if he desires a counsel de oficio
- Upon filing of a notice of appeal and;
- If the accused is confined in prison
Certificate of compliance
- Clerk of court of the trial court must transmit with the record a certificate compliance with this duty and the response of the appellant to the inquiry on a form prepared by the clerk of the appellate court
NOTICE OF APPEAL RULES
Service of notice of appeal
- Must be served on the adverse party or his counsel in the following order:
(1) Personally service
(2) Substituted service
(3) Registered mail
(4) If service cannot be made by personal service or registered mail, service may be made by delivering the copy to the clerk of court with proof of failure of service
Effect of failure of service
- Failure of service to adverse party is not fatal to the perfection of appeal as long as the notice of appeal has been filed on time