Rule 122: Appeal

Section 1. Who May Appeal

Who may appeal? -> any party

Appeal
● Proceeding for review by which the whole case is transferred to the higher court
for final determination
● statutory right

Two appeals taken:

1. Appeal by the accused -> on the judgment
2. Appeal by the complainant -> civil action

General rule on appeal: Private prosecutor cannot appeal except with regard to civil
awards in behalf of the offended parties or their successors

An accused if at large has no standing in court and considered to have waived his right
to appeal

Section 2. Where to Appeal

No appeal in judgment of acquittal.

Exception to no appeal on order of dismissal:
1. dismissal is upon motion and with consent of the defendant;
2. dismissal is not acquittal or not based on the merits of the case;
3. the questions to be passed to the appellate court is purely legal.

Section 3. How Appeal Taken

How appeal is taken:

Appeal to the RTC:

1. Filing a notice of appeal to the court which rendered the judgment; and
2. Serving a copy to the adverse party

Appeal to the CA(decision of RTC original jurisdiction):

1. Filing a notice of appeal to the court which rendered the judgment; and
2. Serving a copy to the adverse party

Appeal to the CA(decision of RTC appellate jurisdiction):

1. Petition for review under Rule 42

Appeal to the CA(penalty imposed is reclusion perpetua, life and lesser penalty
 where the imposable penalty is death or life imprisonment):
1. Notice of appeal

Death Penalty: => automatic review by SC

Other appeals to SC => petition for review on certiorari

Modes of Review
1. Ordinary appeal
2. Petition for review
3. Petition for review on certiorari
4. Automatic appeal

Section 4. Service of notice of appeal

1. personal service
2. registered mail
3. substitute service=>delivering a copy to the clerk of court with proof of failure of 1 & 2
4. publication of notice of appeal (once a week not exceeding 30 days)

Section 6. When appeal to be taken: 15 days from promulgation or notice of final order

Filing of motion for new trial or consideration interrupts the period for an appeal

Section 8. Transmission of Papers to Appellate Court on Appeal

Transmission of Clerk of Court of the records => within 5 days from filing of notice of
appeal

Section 11. Effects of appeal by any of the several accused

1. shall not affect those who did not appeal except if favorable
2. appeal of the offended party on the civil aspect does not affect the criminal aspect
3. execution of the judgment or final order shall be stayed as to the appealing party

Section 12. Withdrawal of Appeal

● Appellant may withdraw before the records are forwarded to the appellate court
● discretionary: before the rendition of the judgment

Section 13. Appointment of Counsel De Officio(CDO)

Duty of counsel de officio continues even during the appeal

Duty of Clerk of Court to the confined appellant:

1. ascertain from the appellant whether he desires the RTC, CA or SC to appoint a
CDO
2. transmit certificate of compliance with his duty and of the response of the
appellant of his inquiry