III.

Hierarchy of Courts and the Remedy of Appeal

A. Generally

RULE 122 APPEAL (sec 1, 2, 3, 6 & 9)

Section 1. Who may appeal. Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy.

Sec. 2. Where to appeal. The appeal may be taken as follows:

(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by the Regional
Trial Court; and
(c) To the Supreme Court, in cases decided by the Court of Appeals.

Sec. 3. How appeal taken. (a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court which
rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall be by petition for review under Rule 42.
(c) The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua,
or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose
out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or
life imprisonment is imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. The same
shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule.
Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by
petition for review on certiorari under Rule 45.

Sec. 6. When appeal to be taken. An appeal must be taken within fifteen (15) days from promulgation of the judgment
or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a
motion for new trial or reconsideration is filed until notice of the order overruling the motion has been served upon the
accused or his counsel at which time the balance of the period begins to run.

Sec. 9. Appeal to the Regional Trial Courts. (a) Within five (5) days from perfection of the appeal, the clerk of court shall
transmit the original record to the appropriate Regional Trial Court.
(b) Upon receipt of the complete record of the case, transcripts and exhibits, the clerk of court of the Regional Trial Court
shall notify the parties of such fact.
(c) Within fifteen (15) days from receipt of said notice, the parties may submit memoranda or briefs, or may be required
by the Regional Trial Court to do so. After the submission of such memoranda or briefs, or upon the expiration of the period
to file the same, the Regional Trial Court shall decide the case on the basis of the entire record of the case and of such
memoranda or briefs as may have been filed.

RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Section 1. Uniform Procedure. The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a particular provision applies
only to either of said courts and in criminal cases governed by the Revised Rule on Summary Procedure.

RULE 124 - PROCEDURE IN THE COURT OF APPEALS

Section 1. Title of the case. In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be
called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of
origin.

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 Sec. 2. Appointment of counsel de officio for the accused. If it appears from the record of the case as transmitted that (a)
the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has signed the notice of appeal himself,
ask the clerk of court of the Court of Appeals shall designate a counsel de officio.
An appellant who is not confined in prison may, upon request, be assigned a counsel de officio within ten (10) days from
receipt of the notice to file brief and he establishes his right thereto.

Sec. 3. When brief for appellant to be filed. Within thirty (30) days from receipt by the appellant or his counsel of the
notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the
record, the appellant shall file seven (7) copies of his brief with the clerk of court which shall be accompanied by proof of
service of two (2) copies thereof upon the appellee.

Sec. 4. When brief for appellee to be filed; reply brief of the appellant. Within thirty (30) days from receipt of the brief of
the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court which shall be
accompanied by proof of service of two (2) copies thereof upon the appellant.
Within twenty (20) days from receipt of the brief of the appellee, the appellant may file a reply brief traversing matters
raised in the former but not covered in the brief of the appellant.

Sec. 5. Extension of time for filing briefs. Extension of time for the filing of briefs will not be allowed except for good and
sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended.

Sec. 6. Form of briefs. Briefs shall either be printed, encoded or typewritten in double space on legal size good quality
unglazed paper, 330 mm. in length by 216 mm. in width.

Sec. 7. Contents of brief. The briefs in criminal cases shall have the same contents as provided in sections 13 and 14 of
Rule 44. A certified true copy of the decision or final order appealed from shall be appended to the brief of the appellant.

Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. The Court of Appeals may, upon motion of the
appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his
brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio.
The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes
from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal.

Sec. 9. Prompt disposition of appeals. Appeals of accused who are under detention shall be given precedence in their
disposition over other appeals. The Court of Appeals shall hear and decide the appeal at the earliest practicable time with
due regard to the rights of the parties. The accused need not be present in court during the hearing of the appeal.

Sec. 10. Judgment not to be reversed or modified except for substantial error. No judgment shall be reversed or modified
unless the Court of Appeals, after an examination of the record and of the evidence adduced by the parties, is of the opinion
that terror was committed which injuriously affected the substantial rights of the appellant.

Sec. 11. Scope of judgment. The Court of Appeals may reverse, affirm or modify the judgment and increase or reduce
the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the
case.

Sec. 12. Power to receive evidence. The Court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in cases (a) falling within its original
jurisdiction, (b) involving claims for damages arising from provisional remedies, or (c) where the court grants a new trial
based only on the ground of newly-discovered evidence.

Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court. Three (3) Justices of the Court of
Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three (3) Justices of a division
shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before
the writing of the opinion by a member of the division. In the event that the three (3) Justices can not reach a unanimous
vote, the Presiding Justice shall direct the raffle committee of the Court to designate two (2) additional Justices to sit
temporarily with them, forming a special division of five (5) members and the concurrence of a majority of such division
shall be necessary for the pronouncement of a judgment or final resolution. The designation of such additional Justices shall
be made strictly by raffle and rotation among all other Justices of the Court of Appeals.

Katrina Magallanes*CrimPro*Page 2
 Whenever the Court of Appeals find that the penalty of death, reclusion perpetua, or life imprisonment should be
imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the
penalty of death, reclusion perpetua, or life imprisonment as the circumstance warrant. However, it shall refrain from
entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review.

Sec. 14. Motion for new trial. At any time after the appeal from the lower court has been perfected and before the
judgment of the Court of Appeals convicting the appellant becomes final, the latter may move for a new trial on the ground
of newly-discovered evidence material to his defense. The motion shall conform with the provisions of section 4, Rule 121.

Sec. 15. Where new trial conducted. When a new trial is granted, the Court of Appeals may conduct the hearing and
receive evidence as provided in section 12 of this Rule or refer the trial to the court of origin.

Sec. 16. Reconsideration. A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision
or final order of the Court of Appeals with copies thereof served upon the adverse party, setting forth the grounds in
support thereof. The mittimus shall be stayed during the pendency of the motion for reconsideration. No party shall be
allowed a second motion for reconsideration of a judgment or final order.

Sec. 17. Judgment transmitted and filed in trial court. When the entry of judgment of the Court of Appeals is issued, a
certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of the court
from which the appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminal cases. The provisions of Rules 42, 44 to 46 and 48 to 56
relating to procedure in the Court of Appeals and in the Supreme Court in original and appealed civil cases shall be applied
to criminal cases insofar as they are applicable and not inconsistent with the provision of this Rule.

RULE 125 - PROCEDURE IN THE SUPREME COURT

Section 1. Uniform Procedure. Unless otherwise provided by the Constitution or by law, the procedure in the Supreme
Court in original and in appealed cases shall be the same as in the Court of Appeals.

Sec. 2. Review of decisions of the Court of Appeals. The procedure for the review by the Supreme Court of decisions in
criminal cases rendered by the Court of Appeals shall be the same as in civil cases.

Sec. 3. Decision if opinion is equally divided. When the Supreme Court en banc is equally divided in opinion or the
necessary majority cannot be had on whether to acquit the appellant, the case shall again be deliberated upon and if no
decision is reached after re-deliberation, the judgment of conviction of lower court shall be reversed and the accused
acquitted.

Alonso V Cebu Country Club

B. MTC

1. Original & Exclusive Criminal Jurisdiction

Section 32 (1) & (2) of BP 129

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal
cases. Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective
territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective
of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising
from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof: Provided, however,
That in offenses involving damage to property through criminal negligence they shall have exclusive original jurisdiction
thereof. (as amended by R.A, No. 7691)

Katrina Magallanes*CrimPro*Page 3
 ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994

Sec 3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under
Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of the fine. As a consequence, the Regional Trial
Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their
office, where the offense is punishable by more than four (4) years and two (2) months up to six (6) years.

Sec 4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No. 7691, apply only to offenses punishable by
imprisonment or fine, or both, in which cases the amount of the fine is disregarded in determining the jurisdiction of
the court. However, in cases where the only penalty provided by law is a fine, the amount thereof shall determine the
jurisdiction of the court in accordance with the original provisions of Section 32 (2) of B.P. Blg. 129 which fixed original
exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over
offenses punishable with a fine of not more than four thousand pesos. If the amount of the fine exceeds four thousand
pesos, the Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in
relation to their office, where the amount of the fine does not exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to property through criminal negligence which are
under the exclusive original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts, irrespective of the amount of the imposable fine.

REVISED RULES ON SUMMARY PROCEDURE Sec.1 B

Section 1. Scope. This rule shall govern the summary procedure in the Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within
their jurisdiction:

B. Criminal Cases:

(1) Violations of traffic laws, rules and regulations;chan robles virtual law library
(2) Violations of the rental law;chan robles virtual law library
(3) Violations of municipal or city ordinances;chan robles virtual law library
(4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding
six months, or a fine not exceeding (P1,000.00), or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property
through criminal negligence, this Rule shall govern where the imposable fine does not exceed ten thousand pesos
(P10,000.00).

This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with
another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the ordinary procedure.chan robles virtual law library

Sec. 2. Determination of applicability. Upon the filing of a civil or criminal action, the court shall issue an order
declaring whether or not the case shall be governed by this Rule A patently erroneous determination to avoid the
application of the Rule on Summary Procedure is a ground for disciplinary action.

2. Appeal

RULE 122 APPEAL Sec 1

Section 1. Who may appeal. Any party may appeal from a judgment or final order, unless the accused will be placed
in double jeopardy.

Katrina Magallanes*CrimPro*Page 4
 Sec 39 BP 129

Section 39. Appeals. The period for appeal from final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or
decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48)
hours from the notice of the judgment appealed from.

No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all
the pages prominently numbered consecutively, together with an index of the contents thereof. This section shall not
apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applicable
provisions of the Rules of Court.

RULE 122 APPEAL Sec 2(A)

Sec. 2. Where to appeal. The appeal may be taken as follows:

(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court;

3. How appeal taken

Sec 3(a), Rule 122

Sec. 3. How appeal taken. (a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the court
which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.

C. Regional Trial Court

1. Original & Exclusive Criminal Jurisdiction

Sec. 20, BP 129

Section 20. Jurisdiction in criminal cases. Regional Trial Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by
the latter.

ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994 No. 3

The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under
Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of the fine. As a consequence, the Regional Trial
Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their
office, where the offense is punishable by more than four (4) years and two (2) months up to six (6) years.

a. Family Courts

Sec. 3 & 5 (a) of RA 8369

Sec. 3. Establishment of Family Courts. - There shall be established a Family Court in every province and city in the
country. In case where the city is the capital of the province, the Family Court shall be established in the
municipality which has the highest population.

Sec. 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear and decide
the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of
Katrina Magallanes*CrimPro*Page 5
 the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred.

The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree No. 603,
otherwise known as the "Child and Youth Welfare Code";

b. Special Courts

RA 7659 An Act to Impose Death Penalty on Certain Heinous Crimes

SC Administrative Circular No. 21-96

RE: SPECIAL COURTS FOR KIDNAPPING, ROBBERY, DANGEROUS DRUGS, CARNAPPING AND OTHER HEINOUS
CRIMES UNDER R. A. NO. 7659.

Pursuant to Sec. 23 of Batas Pambansa Blg. 129, in the interest of speedy and efficient administration of justice and
subject to the guidelines hereinafter set forth, the following Regional Trial court branches are hereby designated to
exclusively try and decide cases of kidnapping and/or kidnapping for ransom, robbery in band, robbery committed
against a banking or financial institution, violation of the Dangerous Drugs Act of 1972, as amended, violation of
the Anti-Carnapping Act of 1972, a amended, and other heinous crimes defined and penalized under Rep. Act No.
7659, committed within their respective territorial jurisdictions:

...........enumeration of branches...............

When the offense is committed outside the territorial jurisdiction of these courts, a party may immediately petition
the Supreme Court for change of venue if it is desired that these cases be tried in these courts.

The following guidelines shall be observed:

[1] These cases shall undergo mandatory continous trial but shall be terminated within sixty (60) days from initial
trial. Judgment thereon shall be rendered within thirty (30) days from the time the case is submitted for decision,
unless a shorter period is otherwise provided by law.
No postponement or continuance shall be allowed except for clearly meritorious reasons. The filing of motions or
pleadings for dilatory purposes shall constitute direct contempt and shall be accordingly penalized.
[2] All cases covered by this Order where trial has already commenced, shall continue to be heard by the branches
to which these were originally assigned.
[3] The Executive Judges concerned shall exclude the designated Special Criminal Courts from the raffle of other
civil and criminal cases whenever in their judgment the caseload of these courts shall prevent them from
conducting daily trials of the special cases herein specified.
The branches thus designated shall continue to perform the functions of Special Criminal Courts even after the
retirement, transfer, or detail of the incumbent judges herein named. Their successors, whether permanent or
temporary, shall act as Presiding Judges of these special courts unless the Court directs otherwise.

This Order amends and supersedes Administrative Order No. 173-94 dated 18 September 1994.

This Order shall take effect immediately.

3 May 1996.

Environmental Courts

2. Appellate jurisdiction

RULE 122 - APPEAL

Section 1. Who may appeal. Any party may appeal from a judgment or final order, unless the accused will be placed
in double jeopardy.

Sec. 2. Where to appeal. The appeal may be taken as follows:

Katrina Magallanes*CrimPro*Page 6
 (a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court;

3. Appeals from RTC, how appeal taken

a. Cases in exercise of its appellate jurisdiction

Sec 2. Rule 122

(b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by the
Regional Trial Court;

RULE 42PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS

Section 1. How appeal taken; time for filing.

A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate
jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of
said court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and
furnishing the Regional Trial Court and the adverse party with a copy of the petition. The petition shall be filed and
served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioners
motion for new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of
the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the
reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to
file the petition for review. No further extension shall be granted except for the most compelling reason and in no
case to exceed fifteen (15) days.

Sec. 2. Form and contents.

The petition shall be filed in seven (7) legible copies, with the original copy intended for the court being indicated
as such by the petitioner, and shall (a) state the full names of the parties to the case, without impleading the lower
courts or judges thereof either as petitioners or respondents; (b) indicate the specific material dates showing that it
was filed on time; (c) set forth concisely a statement of the matters involved, the issues raised, the specification of
errors of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied
upon for the allowance of the appeal; (d) be accompanied by clearly legible duplicate originals or true copies of the
judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional Trial Court, the
requisite number of plain copies thereof and of the pleadings and other material portions of the record as would
support the allegations of the petition.

The petitioner shall also submit together with the petition a certification under oath that he has not theretofore
commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the
status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he
undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom.

Sec. 3. Effect of failure to comply with requirements.

The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket
and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents
which should accompany the petition shall be sufficient ground for the dismissal thereof.

Sec. 4. Action on the petition.

The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within
ten (10) days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.

Katrina Magallanes*CrimPro*Page 7
 Sec. 5. Contents of comment.

The comment of the respondent shall be filed in seven (7) legible copies, accompanied by certified true copies of
such material portions of the record referred to therein together with other supporting papers and shall (a) state
whether or not he accepts the statement of matters involved in the petition; (b) point out such insufficiencies or
inaccuracies as he believes exist in petitioners statement of matters involved but without repetition; and (c) state
the reasons why the petition should not be given due course. A copy thereof shall be served on the petitioner.

Sec. 6. Due course.

If upon the filing of the comment or such other pleadings as the court may allow or require, or after the expiration
of the period for the filing thereof without such comment or pleading having been submitted, the Court of Appeals
finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or
modification of the appealed decision, it may accordingly give due course to the petition.

Sec. 7. Elevation of record.

Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to
elevate the original record of the case including the oral and documentary evidence within fifteen (15) days from
notice.

Sec. 8. Perfection of appeal; effect thereof.

(a) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful
fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may issue orders for
the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal,
approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with
section 2 of Rule 39, and allow withdrawal of the appeal.
(b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final
order unless the Court of Appeals, the law, or these Rules shall provide otherwise.

Sec. 9. Submission for decision.

If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days from notice. The case shall be deemed submitted for
decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself.

b. Cases in exercise of its original jurisdiction

1. Death Penalty Cases

RA 9346: AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight
Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by
Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659),
otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they
impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of
the Revised Penal Code; or
Katrina Magallanes*CrimPro*Page 8
 (b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the
penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to
reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known
as the Indeterminate Sentence Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive
weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with
reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for
commutation or pardon; Provided, however, That nothing herein shall limit the power of the President to grant
executive clemency under Section 19, Article VII of the Constitutions.

SEC. 5. This Act shall take effect immediately after its publication in two national newspapers of general
circulation.

Rule 122, secs 3(d), 10

Sec. 3. How appeal taken. (d) All other appeals to the Supreme Court shall be by petition for review on
certiorari.

Sec. 10. Transmission of records in case of death penalty.

In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the
Supreme Court for automatic review and judgment, within twenty (20) days but not earlier than fifteen (15)
days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter.

Rule 124 sec. 12, 13

Sec. 12. Power to receive evidence.

The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform
any and all acts necessary to resolve factual issues raised in cases (a) falling within its original jurisdiction, (b)
involving claims for damages arising from provisional remedies, or (c) wherein the court grants a new trial
based only on the ground of newly discovered evidence.

Sec. 13. Quorum of the court.

Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The
unanimous vote of the three (3) Justices of a division shall be necessary for the pronouncement of a judgment
or final resolution, which shall be reached in consultation before the writing of the opinion by any member of
the division. In the event that the three (3) Justices do not reach a unanimous vote, the Presiding Justice shall
request the raffle committee of the Court for the designation of two (2) additional Justices to sit temporarily
with them, forming a special division of five (5) members and the concurrence of a majority of such division
shall be necessary for the pronouncement of a judgment or final resolution. The designation of such additional
Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals.
Whenever the Court of Appeals should be of the opinion that the penalty of reclusion perpetua or higher
should be imposed in a case, the Court after discussion of the evidence and the law involved, shall render
judgment imposing the penalty of reclusion perpetua or higher as the circumstances warrant, refrain from
entering judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court
for review.

Rule 125 PROCEDURE IN THE SUPREME COURT

Section 1. Uniform procedure.

Katrina Magallanes*CrimPro*Page 9
 Unless otherwise provided by the Constitution or the law, the procedure in the Supreme Court in original as
well as in appealed cases shall be the same as in Court of Appeals.

Sec. 2. Review of decisions of the Court of Appeals.

The procedure for the review by the Supreme Court of decisions rendered by the Court of Appeals in criminal
cases shall be the same as in civil cases.

Sec. 3. Decision if opinion is equally divided.

When the court en banc is equally divided in opinion or the necessary majority cannot be had, the case shall
be reheard, and if in rehearing no decision is reached, the judgment of conviction of the lower court shall be
reversed and the accused acquitted.

2. Penalty is reclusion perpetua or life imprisonment

Rule 122 Sec 3(c)

Sec. 3. How appeal taken.

(c) The appeal to the Supreme Court in cases where the penalty imposed is life imprisonment, or where a
lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same
occurrence that gave rise to the more serious offense for which the penalty of death or life imprisonment is
imposed shall be by filing a notice of appeal in accordance with paragraph (a) of this Section.

3. Other cases

Rule 122 Sec 2(c)

d. Appeal by any of the several accused

Rule 122 Sec 11

Sec. 11. Effect of appeal by any of several accused.

(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the
judgment of the appellate court is favorable and applicable to the later.
(b) The civil appeal of the offended party shall not affect the criminal aspect of the judgment or order appealed from;
(c) Upon the perfection of the appeal, the execution of the judgment or order appealed from shall be stayed as to the
appealing party.

e. Withdrawal of appeal

Rule 122 Sec 12

Sec. 12. Withdrawal of appeal.

Notwithstanding the perfection of the appeal, the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial
Court or Regional Trial Court may allow the appellant to withdraw his appeal before the record has been forwarded
by the clerk of court to the proper appellate court as provided in Section 8, in which case the judgment shall
become final. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a
Municipal Trial Court, Municipal Circuit Trial Court, or Metropolitan Trial Court to withdraw his appeal, provided a
motion to that effect is filed before judgment of the case on appeal, in which case the judgment of the court a quo
shall become final and the case shall be remanded to the court a quo for execution of the judgment.

PD 968 sec 4 (as amended) ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
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 Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the trial court may, after it shall have convicted
and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend
the execution of the sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the
defendant has perfected the appeal from the judgment of conviction.
"Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for
probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.
"An order granting or denying probation shall not be appealable.

f. Effects of death of accused pending appeal

g. Effect of failure to appeal a patently wrong judgment

h. Appeal a Judgment of Aquittal

4. Ombudsman & Sandiganbayan

Read separately: PD 1606 Sandiganbayan Law, RA 8249 Amendments to Sandiganbayan Law, RA 6670 Ombudsman Law

a. Ombudsman

b. Sandiganbayan

Sec 4 of PD 1606 as amended by RA 7975

Section 4. Section 4 of the same decree is hereby further amended to read as follows:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act,
Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of
the accused are officials occupying the following positions in the government whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as
Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758),
specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and
other city department heads;
"(c) Officials of the diplomatic service occupying the position of consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
"(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding
the rank of senior superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state
universities or educational institutions or foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position
Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the Constitution;
"(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the
Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position
Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a of this section in relation to their office.
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 "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued
in 1986.
"In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as
prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court
and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided in Batas
Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or
regional trial courts whether in the exercise of their own original jurisdiction orof their appellate jurisdiction as
herein provided.
"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.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court
has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals,
shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its
special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories with the public officers or
employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly
with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding
civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly
determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of
such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil
action had therefore been filed separately but judgment therein has not yet been rendered, and the criminal case
is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned."

5. Court of Appeals

6. Supreme Court

a. Generally

Rule 65 CERTIORARI, PROHIBITION AND MANDAMUS

Section 1. Petition for certiorari.

When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of
its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no
appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may
file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered
annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law
and justice may require.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof,
copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46.

Sec. 2. Petition for prohibition.

When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-
judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion
Katrina Magallanes*CrimPro*Page 12
amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy
in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging
the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further
proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and
justice may require.
The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of section 3, Rule 46.

Sec. 3. Petition for mandamus.

When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the
law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the
use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent,
immediately or at some other time to be specified by the court, to do the act required to be done to protect the
rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the
respondent.
The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph of
section 3, Rule 46.

Sec. 4. Where petition filed.

The petition may be filed not later than sixty (60) days from notice of the judgment, order or resolution sought to
be assailed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board,
officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the
Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a quasi-
judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable
only by the Court of Appeals.

Sec. 5. Respondents and costs in certain cases.

When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal,
corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such
public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and
it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf
of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in
favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial
agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not
appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher
court by either party, the public respondents shall be included therein as nominal parties. However, unless
otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein.

Sec. 6. Order to comment.

If the petition is sufficient in form and substance to justify such process, the court shall issue an order requiring the
respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such
order shall be served on the respondents in such manner as the court may direct, together with a copy of the
petition and any annexes thereto.
In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section 2, Rule 56,
shall be observed. Before giving due course thereto, the court may require the respondents to file their comment
to, and not a motion to dismiss, the petition. Thereafter, the court may require the filing of a reply and such other
responsive or other pleadings as it may deem necessary and proper.

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 Sec. 7. Expediting proceedings; injunctive relief.

The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a
temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties
pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary
restraining order or a writ of preliminary injunction has been issued against the public respondent from further
proceeding in the case.

Sec. 8. Proceedings after comment is filed.

After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired,
the court may hear the case or require the parties to submit memoranda. If after such hearing or submission of
memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition
are true, it shall render judgment for the relief prayed for or to which the petitioner is entitled.
The court, however, may dismiss the petition if it finds the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.

Sec. 9. Service and enforcement of order or judgment.

A certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the
court, quasi-judicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court
may direct, and disobedience thereto shall be punished as contempt. An execution may issue for any damages or
costs awarded in accordance with section 1 of Rule 39.

b. Improvement Plea; Remand and Re-arraignment When Proper

c. Even split or no majority in the Supreme Court

Rule 125 sec3

Sec. 3. Decision if opinion is equally divided.

When the court en banc is equally divided in opinion or the necessary majority cannot be had, the case shall be
reheard, and if in rehearing no decision is reached, the judgment of conviction of the lower court shall be reversed
and the accused acquitted.

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