RULE 122 – APPEAL

 The Rules of Court recognize four modes by which the decision or final order of the court
may be reviewed by a higher tribunal:
1. Ordinary Appeal;
2. Petition for Review;
3. Petition for Review on Certiorari;
4. Automatic Appeal

 An APPEAL is a proceeding for review by which the whole case is transferred to the higher
court for a 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.

 Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy (Sec. 1).

 An appeal must be filed within fifteen (15) days counted from the promulgation or notice of
the judgment or order appealed from.

 An appeal in a criminal case opens the whole case for review and this includes the review of
penalty, indemnity, and the damages involved. Consequently, on appeal, the appellate court
may increase the penalty and indemnity of damages awarded by the trial court although the
offended party had not appealed from said award, and the party who sought a review of the
decision was the accused. When an appeal has been perfected, the court a quo loses
jurisdiction.

 The appeal from a judgment must be perfected within 15 days from promulgation. The
appeal from an order should be perfected within 15 days from notice of the final order.

 An appeal is taken to the:

1. RTC, in cases decided by the MTC, MTCC, MeTC, or MCTC;
2. CA or to the SC in the proper cases provided by law, in cases decided by the
RTC;
3. SC, in cases decided by the CA (Sec. 2).

Rule 123 – PROCEDURE IN THE MUNICIPAL TRIAL COURTS

An Appeal is Taken to the RTC from the Decision of MTC by:

Procedure:
a. Filing a notice of appeal with the MTC;
b. Serving a copy of the notice to the adverse party.

Rule 124 – PROCEDURE IN THE COURT OF APPEALS

An Appeal is Taken to the CA from the Decision of RTC by:

1. Exercising its original jurisdiction for offenses with imposable penalties less than reclusion
perpetua or life imprisonment

Procedure:
a. File a notice of appeal with the RTC;
b. Serve a copy of the notice to the adverse party.

2. Exercising its appellate jurisdiction

Procedure:
File a petition for review under Rule 42.

3. Where the imposable penalty is:

a. life imprisonment or reclusion perpetua; or
b. a lesser penalty for offenses committed on the same occasion or which arose from the
same occurrence that gave rise to the offense punishable reclusion perpetua or life
imprisonment

Procedure:
a. File a notice of appeal with the RTC;
b. Serve a copy of the notice to the adverse party.

4. Where the imposable penalty is death

Procedure:
Automatic review to CA (Sec. 10)

Rule 125 – PROCEDURE IN THE SUPREME COURT

An Appeal is Taken to the SC from the Decision of CA by:

1. All other appeals except:

a. Decision of RTC where the imposable penalty is life imprisonment or reclusion
perpetua or a lesser penalty for offenses committed on the same occasion or which arose
from the same occurrence that gave rise to the offense punishable by reclusion perpetua
or life imprisonment; and

b. Decisions of RTC imposing the penalty of death.

Procedure:
Petition for review on certiorari via Rule 45
2. CA
a. When it finds that death penalty should be imposed
 Procedure:
Automatic review (Sec. 13, Rule 124)

b. Where it imposes reclusion perpetua, life imprisonment or a lesser penalty

Procedure:
Notice of appeal (Sec. 13, Rule 124)

3. Sandiganbayan
a. Exercising its appellate jurisdiction for offenses where the imposable penalty is
reclusion perpetua or life imprisonment

Procedure:
File a notice of appeal

b. Exercising its original jurisdiction for offenses where the imposable penalty is
reclusion perpetua and life imprisonment

Procedure:
File a notice of appeal (Sec. 13, Rule 124; Sec. 5, PD 1606 as amended by R.A. 8249)

c. Exercising its original or appellate jurisdiction where it finds that the penalty to be
imposed is death

Procedure:
Automatic review (Sec. 13, Rule 124; Sec. 5, PD 1606 as amended by R.A. 8249)

d. Cases not falling in paragraphs a and b above

Procedure:
Petition for review on certiorari via Rule 45