When Appeal To Be Taken
Section 6. When appeal to be taken. — An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion shall have been served upon the accused or his counsel at which time the balance of the period begins to run. (6a)
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
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.
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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