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Procedure In The Supreme Court


RULE 125

PROCEDURE IN THE SUPREME COURT

Section 1. Uniform procedure

Procedure in the SC in appealed cases is the same
as in the CA, unless otherwise provided by the
Constitution or law.

Appeal the SC is not a matter of right, but a matter of
sound judicial discretion

A direct appeal to the SC on questions of law – in
cases where the penalty imposed is not reclusion
perpetua or death – precludes a review of the facts.



Section 2. Review of decisions of the Court of Appeals

INSTANCES WHEN FINDINGS OF FACTS OF CA
ARE NOT CONCLUSIVE ON SC
1. The finding is grounded entirely on speculation,
   conjectures and surmises
2. When the inference made is manifestly absurd,
   mistaken or impossible
3. When there is grave abuse of discretion in the
   appreciation of facts
4. Judgment is premised on a misapprehension of
   facts
5. Findings of facts are conflicting
6. When the CA went beyond the issues of the
   case and the same is contrary to the
   admissions of both appellant and appellee
7. When certain material facts had been
   overlooked which, if taken into account would
   alter the result as it would give rise to
   reasonable doubt to acquit the accused.



Section 3. Decision if opinion is equally divided

A criminal case shall be reheard by the Supreme
Court en banc when the court en banc is equally
divided in the opinion or the necessary majority
cannot be had. If no decision is reached, the
conviction of the lower court shall be reversed and
the accused acquitted.

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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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