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 the manner the decision is written.
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 the manner the decision is written.
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