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Procedure In The Court Of Appeals

Rule 124

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.

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.

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