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How Appeal Taken


Section 3. How Appeal Taken

1. From Decision of MTC, from a case decided in its original
   jurisdiction, Appeal To CA.

   How - File a notice of appeal with the MTC and serve a copy of the
   notice to the adverse party.

2. From Decision of RTC in the exercise of its original jurisdiction
   for an imposed penalty less than reclusion perpetua, life
   imprisonment and death, Appeal to CA.

   How - File a notice of appeal with the RTC and serve a copy of the
   notice to the adverse party.

3. From Decision of RTC in the exercise of its appellate jurisdiction,
   Appeal to CA.

   How - File a petition for review with the CA under Rule 42.

4. From Decision of RTC where the penalty imposed is reclusion perpetua
   or  life imprisonment, or where a lesser penalty is imposed for
   offenses committed on the same occasion or which arose out of the
   same occurrence that gave rise to the offense punishable by (death)
   reclusion  perpetua or life imprisonment. Appeal to CA.

   How - Automatic review

5. All Other Appeals, Appeal to SC

   How - Petition for review on certiorari under Rule 45.

6. From Decision of Sandiganbayan, Appeal to SC.
 
   How - Petition for review on certiorari under Rule 45.

7. From Decision of Sandiganbayan in its original jurisdiction where
   penalty imposed is (death) reclusion perpetua, Appeal to SC.

   How - Automatic review.

8. From Decision of Sandiganbayan Sandiganbayan in its appellate
   jurisdiction where penalty imposed is (death),  reclusion perpetua,
   or life imprisonment, Appeal to SC.

   How - File a notice of appeal.

From A Judgment Convicting The Accused, Two Appeals May Accordingly
Be Taken:
1. The accused may seek a review of said judgment as regards both
   civil and criminal actions.
2. 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.

A judgment of acquittal becomes final immediately after promulgation.
It cannot even be the subject of certiorari.

The reason for this rule is that an appeal would place the accused in
double jeopardy. However, the offended party may appeal the civil
aspect of the case.

GENERAL RULE:
A private prosecutor in a criminal case has NO authority to act for
the People of the Philippines before a court on appeal; it is the
government’s counsel, the Solicitor General who appears in criminal
cases or their incidents before the Supreme Court. At the very least,
the Provincial Fiscal himself, with the conformity of the Solicitor
General shall act for the People of the Philippines.

EXCEPTION:
The civil award in a criminal case may be appealed by the private
prosecutor on behalf of the offended party or his successors.

MODES OF REVIEW
The Rules of court recognizes 4 modes by which the decision of the
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


















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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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