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Appeal


Section 1. Who may appeal.

APPEAL - A proceeding for review by which the whole case is transferred
         on the higher court.

         Appeal is not a part of due process except when provided by
         law or by the Constitution.

         It is statutory and must be exercised in accordance with the
         procedure laid down by law.

         It is compellable by mandamus.

GENERAL RULE:
An appeal by the prosecution from the order of dismissal is not
allowed because it will violate the rule on double jeopardy.

EXCEPTIONS:
1. The dismissal is made upon the motion or with
   the express consent of the defendants
2. The dismissal is not an acquittal or based upon  consideration of
   the evidence or the merits of the case
3. Question to be passed upon by the appellate court is purely legal
   so that should the dismissal be found incorrect, the case would
   be remanded to the court of origin for further proceedings.

Appeals in criminal cases are perfected when the interested parties
have personally or through their counsel filed with the clerk of
court a written notice expressly stating the appeal.
(U.S. vs. Tenorio, 37 Phil 7; Elegado vs. Tavora, 59 Phil. 140)

When an appeal has been perfected, the court a quo loses jurisdiction.

Effect of an Appeal
   An appeal in a criminal case opens the whole case
   for review. This includes the review of the penalty,
   indemnity, and the damages involved.

Only final judgments and orders can be appealed.

Appeal Of A Judgment - Must be perfected within 15 days from
promulgation.

Appeal Of An Order - Must be perfected within 15 days from notice of
the final order.


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.







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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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