CRIMINAL PROCEDURE COURSE OUTLINE 2019 UST

PART IV (RULES 122-127)

APPEAL (RULE 122) – Secs. 3 and 10 amended by A.M. No. 00-5-03-SC (Re: Amendments
to the Revised Rules of Criminal Procedure to Govern Death Penalty Cases) effective October
15, 2004.

Who may 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.

Personal Collection Direct Selling, Inc. vs. Carandang (G.R. No. 206958 November 8, 2017)
– Estafa
An order granting a motion to withdraw an information and dismissing a criminal case is final,
and the remedy to question this final order is an appeal.
The petition for certiorari filed by respondent under Rule 65 of the Rules of Court is
inappropriate. The Order of the RTC granting the motion of the prosecution to withdraw the
Informations and ordering the case dismissed, is final because it disposed of the case and
terminated the proceedings therein, leaving nothing to be done by the court. Thus, the proper
remedy is appeal.

Villareal vs. Aliga (G.R. No 166995. January 13, 2014) - Qualified theft thru falsification of
commercial documents
Petitioner lacks the personality or legal standing to question the CA Decision because it is only the
OSG which can bring actions on behalf of the State in criminal proceedings before the Supreme
Court and the CA.
A judgment of acquittal may be assailed by the People in a petition for certiorari under Rule 65
of the Rules of Court without placing the accused in double jeopardy. No grave abuse of
discretion may be attributed to a court simply because of its alleged misapplication of facts and
evidence, and erroneous conclusions based on said evidence. Certiorari will issue only to
correct errors of jurisdiction, and not errors or mistakes in the findings and conclusions of the
trial court.
There is no deprivation of due process or a mistrial. In fact, petitioner did not make any
allegation to that effect. What the records show is that during the trial, both parties had more
than sufficient occasions to be heard and to present their evidence. The same is true during the
appeal before the CA. The State, represented by the OSG, was not deprived of a fair
opportunity to prove its case

Philippine Savings Bank vs. Spouses Bermoy (G.R. NO. 151912, September 26, 2005 ) –
Estafa thru falsification of public documents

People vs. Leones (G.R. No. 128514 & G.R. 143856-61, October 3, 2001) - Rape

Where to appeal – Sec. 2

Section 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. (1a)

How appeal taken – Sec. 3

Section 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 death, 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.
(e) 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
Rules 45.

Macapagal vs. People (G.R. No. 193217, February 26, 2014) - Estafa
Remedy from denial by RTC of notice of appeal filed by the accused – certiorari, not appeal.
Petition must be filed with CA, not SC, pursuant to hierarchy of courts.

Offenses committed on the same occasion, etc.

People vs. Pajo (G.R. Nos. 135109-13, December 12, 2000, 348 SCRA 429)
People vs. Saley (G.R. No. 121179, July 2, 1998, 291 SCRA 715)

When appeal to be taken – Sec. 6

Section 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 shall have been served upon the accused or his counsel at
which time the balance of the period begins to run.

Appeal to the Regional Trial Courts – Sec. 9

Section 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 the 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

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

Section 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 latter;
(b) The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party
 People vs Lumaya (G.R. No. 231983, March 7, 2018)
The acquittal of Crispian on account of the police officers' failure to comply with the
chain of custody rule should likewise result in the acquittal of his co-accused, Derek
While it is true that it was only Crispian who successfully perfected his appeal, the rule is
that an appeal in a criminal proceeding throws the entire case out in the open, including
those not raised by the parties. Considering that under Section 11 (a), Rule 122 of the
Revised Rules of Criminal Procedure as above-quoted, a favorable judgment - as in this
case - shall benefit the co-accused who did not appeal,61 Derek should likewise be
acquitted herein.

People vs. Dahil (G.R. No. 212196, January 12, 2015).

- Appeal in criminal cases throws the whole case open for review and it is the duty of the
appellate court to correct, cite and appreciate errors in the appealed judgment whether
they are assigned or unassigned. Considering that what is at stake here is no less than
the liberty of the accused, this Court has meticulously and thoroughly reviewed and
examined the records of the case and finds that there is merit in the appeal.

People vs. Tibayan (G.R. Nos. 209655-60, January 14, 2015)

- Issues whether raised or not by the parties may be resolved by the appellate court.
Hence, accused-appellants’ appeal conferred upon the appellate court full jurisdiction
and rendered it competent to examine the records, revise the judgment appealed from,
increase the penalty, and cite the proper provision of the penal law.

Lim vs. Court of Appeals (G.R. No. 147524, June 20, 2006)

People vs. Julian Escaño (Resolution, G.R. Nos. 129756-58, January 19, 2001)

Withdrawal of appeal – Sec. 12

Section 12. Withdrawal of appeal. — Notwithstanding the perfection of the appeal, the
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court, or Municipal Circuit Trial Court, as the case may be, 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 Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a motion to that
effect is filed before rendition of the judgment in the case on appeal, in which case the
judgment of the court of origin shall become final and the case shall be remanded to the
latter court for execution of the judgment.

Teodoro vs. Court of Appeals (G.R. No. 103174, July 11, 1996)

Appointment of counsel de oficio – Sec. 13

Section 13. Appointment of counsel de oficio for accused on appeal. — It shall be the
duty of the clerk of the trial court, upon filing of a notice of appeal, to ascertain from the
appellant, if confined in prison, whether he desires the Regional Trial Court, Court of
Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to
transmit with the record on a form to be prepared by the clerk of court of the appellate
court, a certificate of compliance with this duty and of the response of the appellant to
his inquiry.

PROCEDURE IN THE MUNICIPAL TRIAL COURTS (RULE 123)

Uniform procedure – Sec. 1

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

PROCEDURE IN THE COURT OF APPEALS (RULE 124) – Secs. 12 and 13 amended by

A.M. No. 00-5-03 effective October 15, 2004

Title of the case – Sec. 1

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,

Appointment of counsel de oficio for the accused – Sec. 2

SEC. 2. Appointment of counsel de oficio 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, the clerk of
court of the Court of Appeals shall designate a counsel de oficio.
An appellant who is not confined in prison may, upon request, be assigned a counsel de
oficio within ten (10) days from receipt of the notice to file brief and he establishes his
right thereto

When brief for appellant to be filed – Sc. 3

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

When brief for appellee to be filed – Sec. 4

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.

Contents of brief – Sec. 7.

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

See Secs 13 and 14, Rule 44

SECTION 13. Contents of appellant's brief . — The appellant's brief shall contain in the
order herein indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited
with reference to the pages where they are cited;

(b) An assignment of errors intended to be urged which errors shall be separately,

distinctly and concisely stated without repetition and numbered consecutively;

(c) Under the heading "Statement of the Case," a clear and concise statement of the
nature of the action, a summary of the proceedings, the appealed rulings and orders of
the court, the nature of the judgment and any other matters necessary to an
understanding of the nature of the controversy, with page references to the record;

(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative
form of the facts admitted by both parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to make it clearly intelligible,
with page references to the record;

(e) A clear and concise statement of the issues of fact or law to be submitted to the court
for its judgments;

(f) Under the heading "Argument," the appellant's arguments on each assignment of
error with page references to the record. The authorities relied upon shall be cited by the
page of the report at which the case begins and the page of the report on which the
citation is found;

(g) Under the heading " Relief," a specification of the order or judgment which the
appellant seeks; and

(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an
appendix, a copy of the judgment or final order appealed from.

SECTION 14. Contents of appellee's brief . — The appellee's brief shall contain in the
order herein indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks, and statutes cited
with references to the pages where they are cited;

(b) Under the heading "Statement of Facts," the appellee shall state that he accepts the
statement of facts in the appellant's brief, or under the heading "Counter-Statement of
Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the pages of the record in support
thereof, but without repetition of matters in the appellant's statement of facts; and
(c) Under the heading "Argument," the appellee shall set forth his arguments in the case
on each assignment of error with page references to the record. The authorities relied on
shall be cited by the page of the report at which the case begins and the page of the
report on which the citation is found.

Dismissal of appeal for abandonment or failure to prosecute – Sec. 8

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
oficio.
 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.

Masas vs. People (Resolution, G.R. No. 177313, December 19, 2007)

Prompt disposition of appeals - Sec. 9.

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.

Judgment not to be reversed or modified except for substantial error - Sec. 10.

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 error was
committed which injuriously affected the substantial rights of the appellant.

Scope of judgment – Sec. 11

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.

Jose vs. CA (No. L-38581, March 31, 1976, 70 SCRA 257)

Power to receive evidence - Sec. 12

SEC. 12. Power to receive evidence.—The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and perform all acts necessary to resolve
factual issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or further proceedings. Trials and
hearings in the Court of Appeals must be continuous and must be completed within three
months, unless extended by the Chief Justice.

Certification or appeal of case to the Supreme Court – Sec. 13

SEC. 13. Certification or appeal of cases to Supreme Court.— (a) Whenever the Court of
Appeals finds that the penalty of death should be imposed, the court shall render
judgment but refrain from making an entry of judgment and forthwith certify the case and
elevate its entire record thereof to the Supreme Court for review.

(b) where the judgment also imposes a lesser penalty for offenses committed on the
same occasion or which arose out of the same occurrence that gave rise to the more
severe offense for which the penalty of death is imposed, and the accused appeals, the
appeal shall be included in the case certified for review to the same Supreme Court.

(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or
a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment
may be appealed to the Supreme Court by notice of appeal filed with the Court of
Appeals.

People vs. Hilario, G.R. No. 210610, January 11, 2018

The Court of Appeals affirmed the RTC judgment finding Hilario guilty of illegal sale of
dangerous drugs and imposing upon her the sentence of reclusion perpetua. Hilario filed a
Notice of Appeal with the appellate court in accordance with Rule 122, Section 3(e), in relation
to Rule 124, Section 13(c), of the Rules of Court.
Therefore, Hilario's appeal opens the entire case for review by the Court on any question,
whether or not the questions were raised by Hilario as accused-appellant and whether they are
questions of fact or mixed questions of fact and law.

Motion for new trial – Sec. 14

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.

Baylosis vs. People (G.R. No. 152119, August 14, 2007) – Estafa

In granting a motion for new trial on the ground of newly discovered evidence, the evidence
presented must be in actual existence and unknown to the party even if a judgment had been
rendered before. This should be the case because otherwise, how could it be discovered
evidence when it did not in fact exist previously during trial?

Where new trial conducted – Sec. 15

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.

Reconsideration – Sec. 16

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

Application of certain rules in civil to criminal cases – Sec. 18

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 provisions of this Rule.

PROCEDURE IN THE SUPREME COURT (RULE 125)

Uniform procedure – Sec. 1

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,

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

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.

Decision if opinion is equally divided – Sec. 3

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 the lower court shall be reversed and the
accused acquitted

People vs. Zamoraga (G.R. No. 178066, February 6, 2008 ) – ruling only

People vs. Mateo (G.R. No. 147678-87, July 7, 2004, 433 SCRA 640)

PROVISIONAL REMEDIES IN CRIMINAL CASES (Rule 127)

Availability – Sec. 1

Section 1. Availability of provisional remedies. — The provisional

remedies in civil actions, insofar as they are applicable, may be availed of in
connection with the civil action deemed instituted with the criminal action.

Provisional remedies in civil actions – Rules 57 to 61

Babala vs. Albano (No. L-4600, February 28, 1952, 90 Phil 827)
Grave coercion, dispute over a market stall – Camarines Norte

Ex. Support pendente lite for the offspring as a consequence of the crime
(Rule 61, Sec. 6)

Rules on attachment in criminal cases – Sec. 2

Section 2. Attachment. — When the civil action is properly instituted in the criminal
action as provided in Rule 111, the offended party may have the property of the accused
attached as security for the satisfaction of any judgment that may be recovered from the
accused in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or property embezzled
or fraudulently misapplied or converted to the use of the accused who is a
public officer, officer of a corporation, attorney, factor, broker, agent, or clerk,
in the course of his employment as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty;
 (c) When the accused has concealed, removed, or disposed of his property, or is
about to do so; and
(d) When the accused resides outside the Philippines
- Less grounds than those under Rule 57, Sec. 1

Preliminary attachment in a plunder case

Revilla vs. Sandiganbayan (G.R. No. 218232, July 24, 2018)

Clearly, the crime of plunder is based on a claim for public funds or property
misappropriated, converted, misused, or malversed by the accused who is a public officer, in the
course of his employment as such. The filing of the criminal action for plunder, which is within
the jurisdiction of the Sandiganbayan, is deemed to necessarily carry with it the filing of the civil
action. Accordingly, the writ of preliminary attachment is an available provisional remedy in the
criminal action for plunder.
.