Part 16- Rule 122 Appeal

[tulawericoo.]

TULAWE RICO O. BSCRIM-3C1

GOOD DAY, ATTY!
Thank you for this lecture series. This is the summary of what I’ve learned during viewing of this particular series.
RULE 122- APPEAL

APPEAL is a proceeding for review by which the whole case is transferred to the higher court for final determination.
It is not an inherent right of a convicted person but it is a mere statutory right.
Only final judgments and orders are appealable.
PARTIES WHO MAY AVAIL OF APPEAL
• Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. (Sec. 1, Rule 122)
PERIOD TO TAKE AN APPEAL
• An appeal may be taken from 15 days ftom promulgation of judgment or from notice of final order appealed from. (Sec. 6, Rule 122).
EFFECT OF AN APPEAL
• Once an appeal is made the entire case is thrown open for review and this includes the review of penalty, indemnity and the damages involved.
• Civil case, only those issued raise by the appellant or the party filing the appeal will be reviewed.
• In a criminal case, when the accused files an appeal then the case is thrown up oiy in the open the whole case will be subjected to review even if the accused had not assigned it as one of the errors of the judgment.

MODES OF APPEAL THAT MAY BE TAKEN FROM A JUDGMENT CONVICTING THE ACCUSED

• The accused may seek a review of said judgment as regards both criminal and civil actions.
• The complainant may appeal only with respect to the civil action either because the lower court has refused or failed to award damages or because the award made is unsatisfactory to him.
EFFECT OF PERFECTION OF APPEAL WITH REGARD TO THE JURISIDICTION OF THE COURT

• Once appeal is perfected whether civil or criminal the court a quo or the court which decided the case will lose jursidiction over the case both over the record and over the subject of the case.

EFFECTS OF FAILURE TO PROSECUTE AN APPEAL

• Judgment of the court becomes final.
• Accused cannot br afforded the right to appeal unless:
a. He voluntarily submits to the jurisdiction of the court.
b. He is otherwise arrestes within 15 days from notice of judgment against him.

Where to Appeal?

1. You file the appeal in the Regional Trial Court in cases decided by the first level courts; 2. Appeal to the Court of Appeals or the Supreme Court in proper cases provided by law, in cases decided by the RTC;
3. You can appeal to the Supreme Court, in cases decided by the Court of Appeals;
4. You can appeal to the Supreme Court, in cases decided by the Court of Tax Appeals en banc;
5. The Supreme Court in cases decided by Sandiganbayan.

Exceptions:

1. If the dismissal is made upon motion or with the express consent of the accused.
2. If the dismissal is not an acquittal or based upon consideration of the evidence on the merits.
3. If the question is purely legal so that should the dismissal be found incorrect, the case shall be remanded for further proceedings to determine the guilt or innocence of the accused.
4. If there is a showing of grave abuse of discretion you can file a petition for certiorari under Rule 65.

How to appeal?
• Appeal to the RTC from the MTC, you file a notice of appeal with the MTC and then you serve a copy of the notice to the adverse party.
• You do not file the notice of appeal with the RTC.
• You filed it with the MTC or court a quo or court of origin.

EFFECT OF APPEAL BY ANY SEVERAL ACCUSED:

• 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 latter.
• The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.
• Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.

PERIOD TO WITHDRAW AN APPEAL

• You can withdraw your appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided by the Rules.
• The court may also, in its discretion allow the appellant to withdraw his appeal provided a motion to that effect is filed before the rendition of the judgment in the case on appeal.

GROUNDS FOR DISMISSAL OF APPEAL

• Failure of the record on appeal to show its face that the appeal was taken within the period fixed by these rules.
• Failure to file the notice of appeal in accordance with the rules.
• Failure of the appellant to pay the docket and other lawful fees as provided in Sec. 5 of Rule 40 and Sec. 4 of Rule 41.
• Unauthorized alterations, omissions or additions in the approved record on appeal.
• Failure to serve and file the required number of copies of the memorandum within the time specified.
• Absence of specific assignment of errors in the appellant's brief or page references to the record required under Section 13.
• Failure of the appellant to take necessary steps for the correction or completion of the record within the time limited by court in its order.

[kylamanto]

MANTO, KYLA M.
3C2

Thank you, this is the summary of what I've learned under Rule 122 Appeal:

Appeal is a proceeding for review by which the whole case is transferred to the higher court for final determination. It is not an inherent right of a convicted person but it is a mere statutory right. Only final judgments and orders are appealable.

Parties who may avail of appeal:
Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. (Sec. 1, Rule 122)

Period to take an appeal:
An appeal may be taken from 15 days ftom promulgation of judgment or from notice of final order appealed from. (Sec. 6, Rule 122).

Effect of an Appeal:
Once an appeal is made the entire case is thrown open for review and this includes the review of penalty, indemnity and the damages involved.
-Civil case, only those issued raise by the appellant or the party filing the appeal will be reviewed.
-In a criminal case, when the accused files an appeal then the case is thrown up oiy in the open the whole case will be subjected to review even if the accused had not assigned it as one of the errors of the judgment.

Modes of appeal that may be taken from a judgment convicting the accused:
-The accused may seek a review of said judgment as regards both criminal and civil actions.
-The complainant may appeal only with respect to the civil action either because the lower court has refused or failed to award damages or because the award made is unsatisfactory to him.

Effect of perfection of appeal with regard to the jurisidiction of the court:
Once appeal is perfected whether civil or criminal the court a quo or the court which decided the case will lose jursidiction over the case both over the record and over the subject of the case.

Effects of failure to prosecute an appeal:
-Judgment of the court becomes final.
-Accused cannot br afforded the right to appeal unless:
a. He voluntarily submits to the jurisdiction of the court.
b. He is otherwise arrestes within 15 days from notice of judgment against him.

Where to Appeal?
1. You file the appeal in the Regional Trial Court in cases decided by the first level courts;
2. Appeal to the Court of Appeals or the Supreme Court in proper cases provided by law, in cases decided by the RTC;
3. You can appeal to the Supreme Court, in cases decided by the Court of Appeals;
4. You can appeal to the Supreme Court, in cases decided by the Court of Tax Appeals en banc;
5. The Supreme Court in cases decided by Sandiganbayan.

Exceptions:
1. If the dismissal is made upon motion or with the express consent of the accused.
2. If the dismissal is not an acquittal or based upon consideration of the evidence on the merits.
3. If the question is purely legal so that should the dismissal be found incorrect, the case shall be remanded for further proceedings to determine the guilt or innocence of the accused.
4. If there is a showing of grave abuse of discretion you can file a petition for certiorari under Rule 65.

How to appeal?
Appeal to the RTC from the MTC, you file a notice of appeal with the MTC and then you serve a copy of the notice to the adverse party. You do not file the notice of appeal with the RTC. You filed it with the MTC or court a quo or court of origin.

Effect of Appeal by any several accused:
-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 latter.
-The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.
-Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.

Period to withdraw an appeal:
•You can withdraw your appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided by the Rules.
•The court may also, in its discretion allow the appellant to withdraw his appeal provided a motion to that effevt is filed before the rendition of the judgment in the case on appeal.

Grounds for dismissal of appeal:
•Failure of the record on appeal to show its face that the appeal was taken within the period fixed by these rules.
•Failure to file the notice of appeal in accordance with the rules.
•Failure of the appellant to pay the docket and other lawful fees as provided in Sec. 5 of Rule 40 and Sec. 4 of Rule 41.
•Unauthorized alterations, omissions or additions in the approved tecord on appeal.
•Failure to serve and file the required number of copies of the memorandum within the time specified.
•Absence of specific assignment of errors in the appellant's brief or page references to the record required under Section 13.
•Failure of the appellant to take necessary steps for the correction or completion of the record within the time limited by court in its order.

[carljohnfernandez]

Carl John Fernandez 3C3
Thank you for the lecture this is the summary of what I've learned

[peterpiper]

can u create a review type lecture? pre-bar review type? tia.

[neillandicho]

LANDICHO, NEIL M.
3C2



THANK YOU SIR FOR THIS VIDEO LECTURE.



RULE 122 APPEAL


APPEAL
It is a proceeding for review by which the whole case is transferred to the higher court for final determination. It is not an inherent right of a convicted person. The right of appeal is statutory. Only final judgments and orders are appealable.

Who can file an appeal?


Any party may appeal from a judgment or final order unless the accused will be placed in double jeopardy. (Once the accused is acquitted of crime charged of him then the prosecution may no longer file him an appeal because the accused may place in double jeopardy)

Modes of appeal that may be taken from a judgment convicting the accused
-The accused may seek a review of said judgment as regards both criminal and civil actions.
-The complainant may appeal only concerning the civil action either because the lower court has refused or failed to award damages or because the award made is unsatisfactory to him.



Effects of failure to prosecute an appeal


-Judgment of the court becomes final
-Accused cannot be afforded the right to appeal unless: (a) He voluntarily submits to the jurisdiction of the court (b) He is otherwise arrests within 15 days from notice of judgment against him



Where to Appeal


-You file the appeal in the Regional Trial Court in cases decided by the first level courts
-Appeal to the Court of Appeals or the Supreme Court in proper cases provided by law, in cases decided by the RTC
-You can appeal to the Supreme Court, in cases decided by the Court of Appeals
-You can appeal to the Supreme Court, in cases decided by the Court of Tax Appeals en banc. 5. The Supreme Court in cases decided by



Exceptions:


-If the dismissal is made upon motion or with the express consent of the accused. An exceptional exception is insufficiency of the prosecution evidence and violation of the accused's rights to a speedy trial in which case the dismissal will amount to an acquittal and therefore there can be no appeal.
-If the dismissal is not an acquittal or based upon consideration of the evidence on the merits. 3. If the question is purely legal so that should the dismissal be found incorrect, the case shall be remanded for further proceedings to determine the guilt or innocence of the accused.
-If there is a showing of grave abuse of discretion you can file a petition for certiorari under Rule 65.



Modes of review recognized by the Rules of Court


-Ordinary appeal in which case you file a notice of appeal
-Petition for review before the Court of Appeals
-Petition for review on certiorari under Rule 65 to the Court of Appeals
-Automatic appeal in cases that the judgment imposed is death, there is an automatic appeal



How to appeal?


Appeal to the RTC from the MTC, you file a notice of appeal with the MTC and then you serve a copy of the notice to the adverse party. You do not file the notice of appeal with the RTC. You filed it with the MTC or court a quo or court of origin.



Effect of Appeal by any several accused


-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 latter.
-The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.
-Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.




Grounds for dismissal of the appeal


1. Failure of the record on appeal to show its face that the appeal was taken within the period fixed by these rules.
2. Failure to file the notice of appeal following the rules.
3. Failure of the appellant to pay the docket and other lawful fees as provided in Sec. 5 of Rule 40 and Sec. of Rule 41.
4. Unauthorized alterations, omissions, or additions in the approved record on appeal.
5. Failure to serve and file the required number of copies of the memorandum within the time specified.
6. Absence of specific assignment of errors in the appellant's brief or page references to the record required under Section 13.
7. Failure of the appellant to take necessary steps for the correction or completion of the record within the time limited by the court in its order.

[fatimamaevelasquez]

VELASQUEZ, FATIMA MAE C.
3-C1

Thank you Sir.

[pinilandok]

atty ano pong pinagkaiba ng appeal vs certiorari? they were not distinguished po kasi sa chua v people. salamat

[mariferhalumanda]

ANDA, MARIFER H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
Thank you sir for the additional knowledge.

[zerogeassuseralt]

Hello po! May question po ako sa bandang 9:31 nang video sinabi nyo po na where ang imposed penalty ay reclusion perpetua, or life imprisonment appeal to the SC "from the CA." But ang sinabi sa section 3(c), Rule 122 ng Rules of Court ay:

appeal to the Supreme Court in cases where the penalty imposed by the "Regional Trial Court" is death, reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed

Does this mean the rule also extends to the RTC and not just the CA or mali lang talaga pag interpret ko?
Would appreciate your quick response and thank you for the video it was very informative.

[altheamakiling]

Hi.po atty meron po ba kayo mairerecomend na lawyer nakabase dito sa davao city po need ko po