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Prompt Disposition Of Appeals


Section 9. Prompt disposition of appeals

It is discretionary on the appellate court whether it will
order a hearing of the case or decide the appeal
solely on the evidence submitted to the trial court. If
the CA chooses not to conduct a hearing, the justices
composing the division deliberate on the case,
evaluate the evidence and then decide.



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

Judgment of the lower courts shall be reversed or
modified only when the Court of Appeals is of the
opinion that error was committed which injuriously
affected the substantial rights of the appellant after it
examined the record and evidence adduced by the
parties.

Although not often done in the judicial system, the
case of People v. Calayca states that the appellate
court may reverse the trial court’s decision on the
basis of grounds other than those that the parties
raised as errors.



Section 11. Scope of judgment

SCOPE OF JUDGMENT OF CA
1. reverse, affirm or modify the judgment
2. increase or reduce the penalty imposed
3. remand the case to the trial court for new trial or retrial
4. dismiss the case

NOTE: CA cannot revise the judgment because this
would violate the rule that the judge must write the
decision personally.

Modify vs Revise
In modifying the decision, the CA bases its
modification on errors of law or fact. In revision, the
court merely changes manner the decision is written.



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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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