RULE 125 PROCEDURE IN THE SUPREME COURT
Appeal to the Supreme Court
a. Automatic review
b. Ordinary appeal
c. Petition for review on certiorari
Automatic Review:
If RTC or CA imposes death penalty
In these instances, review of the decision is
not merely a matter of right but a matter of
law.
SC reviews both findings of fact and law.
Ordinary Appeal:
RTC imposes life imprisonment
Accused charged with 2 or more
offenses committed on the same
occasion or arising out of the same
occurrence, and in one of these 2
cases, he was sentenced to life
imprisonment/ death the appeal
with respect to the others, though
punished with a lesser penalty is to the
SC
SC reviews both errors of law and findings of
fact.
Petition for Review on Certiorari:
Constitutionality or validity of any
treaty, executive agreement, law,
ordinance, executive order, regulation
Jurisdiction of any inferior court is in
issue
Only an error or question of law is
involved
Cases decided by the CA (errors of law)
Cases decided by the Sandiganbayan
(errors of law)
Where the case involves both questions of law
and fact, the appeal should be brought to the
Court of Appeals.
***
Certiorari as mode of review distinguished
from special civil action of certiorari:
Special civil action of certiorari (Rule 65)
has for its purpose the function of keeping an
inferior court within the bounds of its
jurisdiction or of preventing it from
committing a grave abuse of discretion
amounting to excess of jurisdiction
Appeal by certiorari superior court
reviews errors of law committed by the lower
court
So long as the inferior court retains
jurisdiction, its error can be corrected
only by this method.
EXCEPTIONS (when certiorari had been
entertained despite the existence of the
remedy of an appeal):
Where public welfare and the
advancement of public policy so
dictate
Where the orders complained of were
found to be completely null and void
Appeal was not considered the
appropriate remedy
Failure to specify appellate court
Failure of appellant to mention in his
notice of appeal the court to which the
appeal is being made is NOT FATAL to
the appeal
The SC or CA to which the case has
been appealed, may certify said case
to the other court if it finds that the
jurisdiction thereof pertains to the
latter
Erroneous choice of mode of appeal
People v. Resuello: So long as the steps formally
required for the perfection of an appeal were taken
in due time, the SC has adopted the policy of
giving due course to the appeal, without prejudice
to requiring the appellant to file the necessary
petition for review on certiorari which is also a form
of appeal.
Reviews of decisions of the Court of
Appeals
Limited to reviewing and revising
errors of law.
General Rule: CAs findings are conclusive.
Exceptions:
1. When the conclusion is a finding
founded entirely on speculations,
surmises, or conjectures
2. Inference made is manifestly mistaken,
absurd, or impossible
3. There is grave abuse of discretion
4. Judgment is based on a
misapprehension of facts
5. Findings of facts are conflicting
6. CA, in making its findings, went
beyond the issues of the case and the
same are contrary to the admissions of
both appellant and appellee
7. Certain material facts had been
overlooked which, if taken into account
would alter the result as it would give
rise to reasonable doubt to acquit the
accused
***
If SC en banc is equally divided in opinion or
necessary majority cannot be had case
shall again be deliberated upon if still no
decision, judgment of conviction of the lower
court shall be reversed and accused acquitted
Based on PRESUMPTION OF
INNOCENCE