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Where New Trial Conducted

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Section 15. Where new trial conducted

The appellant may move for a new trial any time after
the appeal from the lower court has been perfected
and before the judgment of the Court of Appeals
convicting him becomes final.



Section 16. Reconsideration

A motion for reconsideration shall be made within 15
days after notice of the decision or final order of the
Court of Appeals.



Section 17. Judgment transmitted and filed in trial
court

When the entry of judgment of the Court of Appeals
is issued, a certified true copy of the judgment shall
be attached to the original record which shall be
remanded to the clerk of court from which the appeal
was taken.



Section 18. Application of certain rules in civil
procedure to criminal cases

NOTE: Rule 47 does NOT APPLY TO CRIMINAL
ACTIONS. The proper remedy for lack of jurisdiction
or extrinsic fraud is certiorari (Rule 65) or Habeas
Corpus ( Rule 102)

Power To Receive Evidence

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Section 12. Power to receive evidence

POWERS OF THE CA
1. to try cases and conduct hearings
2. to receive evidence
3. to perform any and all acts necessary to
   resolve factual issues raised in cases:
   a. falling within its original and appellate
      jurisdiction
   b. claims for damages arising from provisional
      remedies
   c. where the court grants a new trial based
      only on the ground of newly discovered
      evidence



Section 13. Certification or appeal of case to the
Supreme Court

Three Justices constitute a quorum for the sessions
of a division

Unanimous vote of the 3 Justices of a division shall
be necessary to pronounce a judgment or a final
resolution. In the event that there is no unanimous
vote, the Presiding Justice shall direct the raffle
committee of the Court to designate two additional
Justices in the division hearing the case and the
concurrence of a majority of such division shall be
necessary for the pronouncement of a judgment or
final order.

Should the Court of Appeals impose the penalty of
death, reclusion perpetua, or life imprisonment after
discussing the evidence and law involved, the case is
certified and immediately elevated to the Supreme
Court for review.



Section 14. Motion for new trial

At any time after the  appeal from the lower court has been
perfected and before the judgment of the Court of Appeals
convicting the appellant becomes final, the latter may move
for a new trial on the ground of newly-discovered evidence
material to his defense. The motion shall conform with the
provisions of section 4, Rule 121.




Prompt Disposition Of Appeals

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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.



Extension Of Time For Filing Briefs

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Section 5. Extension of time for filing briefs

Generally not allowed except for good and sufficient
cause and only if the motion for extension is filed
before the expiration of the period sought to be
extended.



Section 6. Form of briefs

Briefs shall either be printed, encoded or typewritten in double space
on the legal size good quality unglazed paper, 330 mm. in length
by 216 mm. in width.



Section 7. Contents of brief

Unlike in civil actions, it is not necessary for the
appellant to make assignment of errors in his brief, as
on appeal, the whole record of the case is submitted
to and reviewable by the appellate court.



Section 8. Dismissal of appeal for abandonment or failure 
to prosecute

GROUNDS FOR DISMISSAL OF APPEAL
1. Failure on the part of the appellant to file his
   brief within the reglementary period, except
   when he is represented by counsel de oficio
2. Escape of the appellant from prison
3. Appellant jumps bail
4. Flight of the appellant to a foreign country
   during the pendency of the appeal

NOTE: Ground (1) is deemed abandonment of
appeal, grounds (2) (3) (4) are deemed failure to
prosecute

EFFECT OF FAILURE TO PROSECUTE APPEAL
1. judgment of the court below becomes final
2. accused cannot be afforded the right to appeal
   unless
   a. he voluntarily submits to the jurisdiction of
      the court or
   b. he is otherwise arrested within 15 days
      from notice of judgment against him

Appointment Of Counsel De Oficio For The Accused

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Section 2. Appointment of counsel de oficio for the accused

WHEN ACCUSED MAY BE GIVEN COUNSEL DE OFICIO ON APPEAL
1. Accused is confined in prison
2. He is without counsel de parte on appeal
3. He signed the notice of appeal himself

An appellant who is not confined in prison may
request for counsel de oficio within 10 days from
receipt of notice to file appellant’s brief and the right
thereto is established by affidavit



Section 3. When brief for appellant to be filed

7 copies of the brief shall be filed within 30 days from
receipt by the appellant or his counsel of the notice
from the clerk of court that the evidence, oral and
documentary, are already attached to the record.

BRIEF
It literally means a short or condensed statement.
The purpose of the brief is to present to the court in
concise form the points and questions in controversy,
and by fair argument on the facts and law of the
case, to assist the court in arriving at a just and
proper conclusion.



Section 4. When brief for appellee to be filed;
reply brief of appellant

The Appellee shall file 7 copies of the brief with the
clerk of court within 30 days from receipt of the appellant's
brief accompanied by proof of service of 2 copies thereof to
the appellant.


Procedure In The Court Of Appeals

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Rule 124
PROCEDURE IN THE COURT OF APPEALS

Section 1. Title of the case. — In all criminal cases appealed to
the Court of Appeals, the party appealing the case shall be called
the "appellant" and the adverse party the "appellee," but the title
of the case shall remain as it was in the court of origin.

COURT OF APPEALS
The Court of Appeals has no jurisdiction without
judgment of conviction.

The Court of Appeals shall give precedence in the
disposition of appeals of accused who is under
detention. It shall hear and decide the appeal at the
earliest practicable time with due regard to the rights
of the parties.

Rights of Accused Appellant
An accused-appellant may change his theory on
appeal; thus the case opens the whole action for
review on any questioning including those not raised
by the parties.

When the accused appeals a judgment of conviction,
he waives the constitutional safeguard against double
jeopardy; but every circumstance in favor of the
accused should be considered.

Procedure In Municipal Trial Courts

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RULE 123
PROCEDURE IN MUNICIPAL TRIAL COURTS

Section 1. Uniform procedure

GENERAL RULE
The procedure in the Regional Trial Court shall be
applicable to the procedure in Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit
Trial Court.

EXCEPTIONS
1. Particular provision is made applicable only to
   either of such courts

2. In cases governed by the Rule on Summary Procedure

When Appeal To Be Taken

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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.
















Publication Of Notice Of Appeal

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Section 4. Publication Of Notice Of Appeal

SERVICE OF NOTICE OF APPEAL
1. Service By Registered Mail - By depositing the copy in the post
   office, in a sealed envelope, plainly addressed to the party
   or his counsel at his office if known, otherwise at his residence
   if known, with postage fully pre-paid and with instructions to
   the post master to return the mail to the sender after 10 days
   if undelivered.

2. Substituted Service - delivering the copy to the clerk of court
   with proof of failure of both personal service and service by mail.

3. Publication of Notice Of Appeal - made in a newspaper of general
   circulation in the vicinity once a week for a period not
   exceeding 30 days.


Section 5. Waiver of notice

The appellee may waive his right to notice of appeal. However, the
appellate court may, in its discretion, entertain an appeal
notwithstanding failure to give such notice if the interests of
justice so require
(Llamas vs. Muscoso, 95 Phil. 735).



How Appeal Taken

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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


















Appeal

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Section 1. Who may appeal.

APPEAL - A proceeding for review by which the whole case is transferred
         on the higher court.

         Appeal is not a part of due process except when provided by
         law or by the Constitution.

         It is statutory and must be exercised in accordance with the
         procedure laid down by law.

         It is compellable by mandamus.

GENERAL RULE:
An appeal by the prosecution from the order of dismissal is not
allowed because it will violate the rule on double jeopardy.

EXCEPTIONS:
1. The dismissal is made upon the motion or with
   the express consent of the defendants
2. The dismissal is not an acquittal or based upon  consideration of
   the evidence or the merits of the case
3. Question to be passed upon by the appellate court is purely legal
   so that should the dismissal be found incorrect, the case would
   be remanded to the court of origin for further proceedings.

Appeals in criminal cases are perfected when the interested parties
have personally or through their counsel filed with the clerk of
court a written notice expressly stating the appeal.
(U.S. vs. Tenorio, 37 Phil 7; Elegado vs. Tavora, 59 Phil. 140)

When an appeal has been perfected, the court a quo loses jurisdiction.

Effect of an Appeal
   An appeal in a criminal case opens the whole case
   for review. This includes the review of the penalty,
   indemnity, and the damages involved.

Only final judgments and orders can be appealed.

Appeal Of A Judgment - Must be perfected within 15 days from
promulgation.

Appeal Of An Order - Must be perfected within 15 days from notice of
the final order.


Section 2. Where to appeal. — The appeal may be taken as follows:

(a) To the Regional Trial Court, in cases decided by the Metropolitan
    Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
    or Municipal Circuit Trial Court;

(b) To the Court of Appeals or to the Supreme Court in the proper
    cases provided by law, in cases decided by the Regional Trial
    Court; and

(c) To the Supreme Court, in cases decided by the Court of Appeals.







Ground For Reconsideration

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Section 3. Ground for reconsideration

GROUNDS FOR RECONSIDERATION
1. Errors of law
2. Errors of fact in judgment

The principle underlying this rule is to afford the trial court the
opportunity to correct its own mistakes and to avoid unnecessary
appeals  from being taken. The grant by the court of reconsideration
should require no further proceedings, such as taking of additional
proof.


Section 4. Form of motion and notice to the prosecutor.

Form of Motion for New trial or Reconsideration
1. In writing
2. Filed in court
3. State the grounds on which it is based
4. If based on newly discovered evidence (for new trial), must be
   supported by affidavits of witnesses by whom such evidence is
   expected to be given or authenticated copies of documents to be
   introduced in evidence.

Notice of the motion for new trial or reconsideration should be given
to the prosecutor.

Upon receipt of the motion for new trial/reconsideration, the court
should conduct a hearing regarding the motion in order to determine
the merits of the motion.

While the rule requires that an affidavit of merits be attached to
support a motion for new trial based on newly discovered evidence,
the defect or lack of it may be cured by testimony under oath of the
defendant at the hearing of the motion (Paredes v Borja, 3 SCRA 495).


Section 5. Hearing on motion

The purpose of hearing is to determine whether the
new trial is requested should be granted or not.


Section 6. Effects of granting a new trial or reconsideration

Effects Of Granting A New Trial Or Reconsideration
a. When a new trial is granted on the ground of errors of law or
   irregularities committed during the trial, all proceedings and
   evidence affected thereby shall be set aside and taken anew.
   The court may, in the interest of justice, allow the introduction
   of additional evidence.

b. When a new trial is granted on the ground of newly-discovered
   evidence, the evidence already adduced shall stand and the newly-
   discovered and such other evidence as the court may, in the interest
   of justice, allow to be introduced shall be taken and considered
   together with the evidence already in the record.

c. In all cases, when the court grants new trial or reconsideration,
   the original judgment shall be set aside or vacated and a new
   judgment rendered accordingly.

The effect of the granting a new trial is not to acquit the accused of
the crime of which the judgment finds him guilty but precisely to set
aside said judgment so that the case may be tried de novo as if no trial
had been conducted before.

Unlike the rule in civil cases, the remedy of the aggrieved party being
appeal in due time, an order granting a new trial rendered in criminal
cases is also interlocutory BUT is controllable by certiorari or
prohibition at the instance of the prosecution.












Grounds For New Trial

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Section 2. Grounds For New Trial

Grounds For A New Trial In Criminal Cases
1. Errors of law or irregularities prejudicial to the substantial
   rights of the accused have been committed during the trial (errors
   of law or irregularities)
2. New and material evidence discovered which the accused could not
   with reasonable diligence have been discovered and produced at the
   trial and which if introduced and admitted would probably change
   the judgment (newly discovered evidence)
3. Other grounds which the court may determine in the exercise of
   its discretion

Requisites Before A New Trial May Be Granted On The Ground Of Newly
Discovered Evidence
1. That the evidence was discovered after trial
2. That such evidence could not have been discovered and produced at
   the trial even with the exercise of reasonable diligence
3. That it is material, not merely cumulative, corroborative, or
   impeaching
4. The evidence is of such weight that it would probably change the
   judgment if admitted

Mistake of counsel generally binds the client and is not a ground for
new trial EXCEPT when the incompetence of the counsel is so great
that the defendant is prejudiced and prevented from fairly presenting
his defense and where the error of counsel is so serious.

Recantation - is the public and formal withdrawal of a witness of his
prior statement.
It is not a ground for new trial because it makes a mockery of the court
and would place the investigation of truth at the mercy of the
unscrupulous witness.
Moreover, retractions are easy to extort out of witness. In contrast,
their statements are made under oath, in the presence of judge, and
with the opportunity to cross-examine.

      EXCEPT when aside from the testimony of the retracting witness,    
      there is no other evidence to support the conviction of the
      accused. In this case, the retraction by the sole witness creates
      a doubt in the mind of the judge as to the guilt of the accused

Recantation From Affidavit of Desistance
Recantation - A witness who previously gave a testimony subsequently
declares that his statements were not true.

Affidavit of Desistance - The complainant states that he did not really
intend to institute the case and that he is no longer in testifying or
prosecuting.
It is a ground for dismissing the case only if the prosecution can no
longer prove the guilt of the accused beyond reasonable doubt without
the testimony of the offended party.






New Trial Or Reconsideration

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Section 1. New trial or Reconsideration

NEW TRIAL - The rehearing of a case already decided but before the
judgment of conviction therein rendered has become final, whereby
errors of law or irregularities are expunged from the record or new
evidence is introduced or both steps are taken.

Once the appeal is perfected, the trial court steps out of the case
and the appellate court steps in. When new material evidence has been
discovered, the accused may file a motion for new trial with the
appellate court.

Trial Court Loses Jurisdiction Over Its Sentence Even Before The
Lapse Of 15 Days
1. When the defendant voluntarily submits to the execution of the
   sentence
2. When the defendant perfects his appeal.

Differences
1. New Trial - Proper only After rendition or promulgation of judgment
   (15 days from promulgation of judgment)

   Reconsideration - May be filed in order to correct errors of law or
   fact in judgment; does not require any further proceeding.

   Reopening of Trial - May be properly presented only after either
   both parties have formally offered and closed their evidence
   But Before judgment.

   Reopening of Case - Made by the court before judgment is rendered
   in the exercise of sound discretion.

2. New Trial - Requires consent of the accused.

   Reconsideration - Judgment will be based on the pleadings submitted
   by the parties.

   Reopening of Trial - Possible to have trials or hearings or reception
   of justice in order to avoid miscarriage of justice.

   Reopening of Case - Does not require the consent of the accused.

3. New Trial - Made at the instance of the accused or upon the
   initiative of the court but with the consent of the accused.

   Reopening of Case - May be made at the instance of either party who
   can thereafter present additional evidence.

4. New Trial - Interrupts the period for perfecting an appeal from the
   time of its filing until notice of the order overruling the motion
   shall have been served upon the accused or his counsel.

   Reconsideration - Interrupts the period for perfecting an appeal
   from the time of its filing until notice of the order overruling
   the motion shall have been served upon the accused or his counsel.