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When Appeal To Be Taken


Section 6. When Appeal To Be Taken

Appeal is taken within 15 days from promulgation of the judgment.
This period shall be suspended from the time a motion for new trial
or reconsideration is filed until notice of overruling the motion
has been served upon the accused at which time the balance of the
period begins to run.

The period of appeal seems to have been amended  by the SC ruling
in Domingo Neypes et.al., vs CA, et.al, G.R. No. 141524 Sept. 24,
2005 (469 SCRA 633). “To standardize the appeals period provided in
the Rules and to afford litigants fair opportunity to appeal their
cases, the court deems it practical to allow a fresh period rule of
15 days within which to file the notice of appeal on the RTC,
counted from the receipt of the order dismissing a motion for new
trial or motion for reconsideration.

NOTE: Although the SC has made this ruling on a civil case, it is
submitted that if the court has applied this rule to all other
appeals involving civil cases, with more reason should the defendant
in a criminal case be given ample time to file his appeal
(Sabio, Jose L.Criminal Procedure Rules 110-127, p 228)


Section 7. Transcribing and filing notes of stenographic reporter upon 
appeal.
When notice of appeal is filed by the accused, the trial
court shall direct the stenographic reporter to transcribe his notes
of the proceedings. When filed by the People of the Philippines, the
trial court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon motion,
shall specify in writing. The stenographic reporter shall certify
to the correctness of the notes and the transcript thereof, which
shall consist of the original and four copies, and shall file the
original and four copies with the clerk without unnecessary delay.

If death penalty is imposed, the stenographic reporter shall, within
thirty (30) days from promulgation of the sentence, file with the
clerk original and four copies of the duly certified transcript of
his notes of the proceedings. No extension of time for filing of
said transcript of stenographic notes shall be granted except by the
Supreme Court and only upon justifiable grounds.


Section 8. Transmission of papers to appellate court upon appeal

Within 5 days from the filing of the notice of appeal, the clerk of
court with whom the notice of appeal was filed must transmit to the
clerk of court of the appellate court the complete record of the
case together with said notice.


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.


Section 10. Transmission of records in case of death penalty.

In all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for automatic
review and judgment within five (5) days after the fifteenth (15)
day following the promulgation of the judgment or notice of denial
of a motion for new trial or reconsideration. The transcript shall
also be forwarded within ten (10) days after the filing thereof by
the stenographic reporter.


Section 11. Effect Of Appeal By Any Of Several Accused 

Effects of Appeal by Any of the Accused
   An appeal taken by one or more of the 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.

   The appeal of the offended party from the civil aspect
   shall not affect the criminal aspect of the judgment or
   order appealed from.

   Upon perfection of the appeal, the execution of the
   judgment or final order appealed from shall be stayed
   as to the appealing party.


Section 12. Withdrawal of Appeal

An appellant may withdraw his appeal before the record has been
forwarded by the clerk of court of the proper appellate court as
provided by Sec. 8 in which case the judgment shall become final.

The court may also, in its discretion, allow the appellant to
withdraw his appeal, provided a motion to that effect is filed before
the rendition of judgment in the case on appeal
(People v. Madrigal-Gonzales,117 SCRA 956).

Once appeal is withdrawn, the decision or judgment appealed from
becomes at once final and executory.
(People v. Dueño, 90 SCRA 23).


Section 13. Appointment Of Counsel De Oficio For Accused On Appeal

The duty of the counsel de oficio does not terminate upon judgment of
the case. It continues until 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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