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Showing posts from August, 2014

Where New Trial Conducted

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

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 impos…

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. incre…

Extension Of Time For Filing Briefs

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 app…

Appointment Of Counsel De Oficio For The Accused

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;
rep…

Procedure In The Court Of Appeals

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

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

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 defe…

Publication Of Notice Of Appeal

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

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 O…

Appeal

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…

Ground For Reconsideration

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…

Grounds For New Trial

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 o…

New Trial Or Reconsideration

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 present…