APPEAL - Rules of Court

RULE 122 APPEAL

SECTION 1. Who may appeal.-Any party may appeal from a ju!ment or f"nal
orer# unless the a$$use %"ll &e pla$e "n ou&le jeopary. '(a)
SEC. (. Where to appeal.-The appeal may &e ta*en as follo%s+
(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the proper cases
provided by la, in cases decided by the Regional Trial Court; and
(c) To the Supreme Court, in cases decided by the Court of Appeals, (!a)
SEC. ,. -o% appeal ta*en.-
'a) The appeal to the Re!"onal Tr"al Court# or to the Court of Appeals "n $ases
e$"e &y the Re!"onal Tr"al Court "n the e.er$"se of "ts or"!"nal jur"s"$t"on#
shall &e ta*en &y f"l"n! a not"$e of appeal %"th the $ourt %h"$h renere the
ju!ment or f"nal orer appeale from an &y ser/"n! a $opy thereof upon the
a/erse party.
'&) The appeal to the Court of Appeals "n $ases e$"e &y the Re!"onal Tr"al
Court "n the e.er$"se of "ts appellate jur"s"$t"on shall &e &y pet"t"on for re/"e%
uner Rule 0(.
'$) The appeal to the Supreme Court "n $ases %here the penalty "mpose &y the
Re!"onal Tr"al Court "s eath# re$lus"on perpetua# or l"fe "mpr"sonment# or
%here a lesser penalty "s "mpose &ut for offenses $omm"tte on the same
o$$as"on or %h"$h arose out of the same o$$urren$e that !a/e r"se to the more
ser"ous offense for %h"$h the penalty of eath# re$lus"on perpetua# or l"fe
"mpr"sonment "s "mpose# shall &e &y f"l"n! a not"$e of appeal "n a$$oran$e
%"th para!raph 'a) of th"s se$t"on.
') No not"$e of appeal "s ne$essary "n $ases %here the eath penalty "s
"mpose &y the Re!"onal Tr"al Court. The same shall &e automat"$ally re/"e%e
&y the Supreme Court as pro/"e "n se$t"on 11 of th"s Rule.
'e) E.$ept as pro/"e "n the last para!raph of se$t"on 1,# Rule 1(0# all other
appeals to the Supreme Court shall &e &y pet"t"on for re/"e% on certiorari
uner Rule 02. ',a)
SEC. 0. Pu&l"$at"on of not"$e of appeal.-If personal ser/"$e of the $opy of the
not"$e of appeal $an not &e mae upon the a/erse party or h"s $ounsel# ser/"$e
may &e one &y re!"stere ma"l or &y su&st"tute ser/"$e pursuant to se$t"ons 3
an 4 of Rule 1,.'0a)
SEC. 2. Wa"/er of not"$e.-The appellee may %a"/e h"s r"!ht to a not"$e that an
appeal has &een ta*en. The appellate $ourt may# "n "ts "s$ret"on# enterta"n an
appeal not%"thstan"n! fa"lure to !"/e su$h not"$e "f the "nterests of just"$e so
re5u"re. '2a)
SEC. 6. When appeal# to &e ta*en.-An appeal must &e ta*en %"th"n f"fteen '12)
ays from promul!at"on of the ju!ment or from not"$e of the f"nal orer
appeale from. Th"s per"o for perfe$t"n! an appeal shall &e suspene from the
t"me a mot"on for ne% tr"al or re$ons"erat"on "s f"le unt"l not"$e of the orer
o/errul"n! the mot"on has &een ser/e upon the a$$use or h"s $ounsel at %h"$h
t"me the &alan$e of the per"o &e!"ns to run. '6a)
SEC. 3. Trans$r"&"n! an f"l"n! notes of steno!raph"$ reporter upon appeal.-
When not"$e of appeal "s f"le &y the a$$use# the tr"al $ourt shall "re$t the
steno!raph"$ reporter to trans$r"&e h"s notes of the pro$ee"n!s. When f"le &y
the People of the Ph"l"pp"nes# the tr"al $ourt shall "re$t the steno!raph"$
reporter to trans$r"&e su$h port"on of h"s notes of the pro$ee"n!s as the $ourt#
upon mot"on# shall spe$"fy "n %r"t"n!. The steno!raph"$ reporter shall $ert"fy to
the $orre$tness of the notes an the trans$r"pt thereof# %h"$h shall $ons"st of the
or"!"nal an four $op"es# an shall f"le sa" or"!"nal an four $op"es %"th the
$ler* %"thout unne$essary elay.
If eath penalty "s "mpose# the steno!raph"$ reporter shall# %"th"n th"rty ',1)
ays from promul!at"on of the senten$e# f"le %"th the $ler* the or"!"nal an four
$op"es of the uly $ert"f"e trans$r"pt of h"s notes of the pro$ee"n!s. No
e.tens"on of t"me for f"l"n! of sa" trans$r"pt of steno!raph"$ notes shall &e
!rante e.$ept &y the Supreme Court an only upon just"f"a&le !rouns. '3a)
SEC. 4. Transm"ss"on of papers to appellate $ourt upon appeal.-W"th"n f"/e '2)
ays from the f"l"n! of the not"$e of appeal# the $ler* of the $ourt %"th %hom
the not"$e of appeal %as f"le must transm"t to the $ler* of $ourt of the
appellate $ourt the $omplete re$or of the $ase# to!ether %"th sa" not"$e. The
or"!"nal an three $op"es of the trans$r"pt of steno!raph"$ notes# to!ether %"th
the re$ors# shall also &e transm"tte to the $ler* of the appellate $ourt %"thout
unue elay. The other $opy of the trans$r"pt shall rema"n "n the lo%er $ourt.
'4a)
SEC. 7. Appeal to the Re!"onal Tr"al Courts.-
'a) W"th"n f"/e '2) ays from perfe$t"on of the appeal# the $ler* of $ourt shall
transm"t the or"!"nal re$or to the appropr"ate Re!"onal Tr"al Court.
'&) 8pon re$e"pt of the $omplete re$or of the $ase# trans$r"pts an e.h"&"ts# the
$ler* of $ourt of the Re!"onal Tr"al Court shall not"fy the part"es of su$h fa$t.
'$) W"th"n f"fteen '12) ays from re$e"pt of sa" not"$e# the part"es may su&m"t
memorana or &r"efs# or may &e re5u"re &y the Re!"onal Tr"al Court to o so.
After the su&m"ss"on of su$h memorana or &r"efs# or upon the e.p"rat"on of the
per"o to f"le the same# the Re!"onal Tr"al Court shall e$"e the $ase on the
&as"s of the ent"re re$or of the $ase an of su$h memorana or &r"efs as may
ha/e &een f"le. '7a)
SEC. 11. Transm"ss"on of re$ors "n $ase of eath penalty.- In all $ases %here
the eath penalty "s "mpose &y the tr"al $ourt# the re$ors shall &e for%are to
the Supreme Court for automat"$ re/"e% an ju!ment %"th"n f"/e '2) ays
after the f"fteenth '12) ay follo%"n! the promul!at"on of the ju!ment or
not"$e of en"al of a mot"on for ne% tr"al or re$ons"erat"on. The trans$r"pt shall
also &e for%are %"th"n ten '11) ays after the f"l"n! thereof &y the
steno!raph"$ reporter. '11a)
SEC. 11. Effe$t of appeal &y any of se/eral a$$use.-
'a) An appeal ta*en &y one or more of se/eral a$$use shall not affe$t those
%ho " not appeal# e.$ept "nsofar as the ju!ment of the appellate $ourt "s
fa/ora&le an appl"$a&le to the latter.
'&) The appeal of the offene party from the $"/"l aspe$t shall not affe$t the
$r"m"nal aspe$t of the ju!ment or orer appeale from.
'$) 8pon perfe$t"on of the appeal# the e.e$ut"on of the ju!ment or f"nal orer
appeale from shall &e staye as to the appeal"n! party# '11a)
SEC. 1(. W"thra%al of appeal.-Not%"thstan"n! perfe$t"on of the appeal# the
Re!"onal Tr"al Court# 9etropol"tan Tr"al Court# 9un"$"pal Tr"al Court "n C"t"es#
9un"$"pal Tr"al Court# or 9un"$"pal C"r$u"t Tr"al Court# as the $ase may &e#
may allo% the appellant to %"thra% h"s appeal &efore the re$or has &een
for%are &y the $ler* of $ourt to the proper appellate $ourt as pro/"e "n
se$t"on 4# "n %h"$h $ase the ju!ment shall &e$ome f"nal. The Re!"onal Tr"al
Court may also# "n "ts "s$ret"on# allo% the appellant from the ju!ment of a
9etropol"tan Tr"al Court# 9un"$"pal Tr"al Court "n C"t"es# 9un"$"pal Tr"al
Court# or 9un"$"pal C"r$u"t Tr"al Court to %"thra% h"s appeal# pro/"e a
mot"on to that effe$t "s f"le &efore ren"t"on of the ju!ment "n the $ase on
appeal# "n %h"$h $ase the ju!ment of the $ourt of or"!"n shall &e$ome f"nal an
the $ase shall &e remane to the latter $ourt for e.e$ut"on of the ju!ment.
'1(a)
SEC. 1,. Appo"ntment of $ounsel e of"$"o for a$$use on appeal.-It shall &e
the uty of the $ler* of the tr"al $ourt# upon f"l"n! of a not"$e of appeal# to
as$erta"n from the appellant# "f $onf"ne "n pr"son# %hether he es"res the
Re!"onal Tr"al Court# Court of Appeals or the Supreme Court to appo"nt a
$ounsel de oficio to efen h"m an to transm"t %"th the re$or on a form to &e
prepare &y the $ler* of $ourt of the appellate $ourt# a $ert"f"$ate of $ompl"an$e
%"th th"s uty an of the response of the appellant to h"s "n5u"ry. '1,a)
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.

Sec. 2. Appointment of counsel de ofcio for the accused. If it appears from the
record of the case as transmitted that (a) the accused is confned in prison, (b) is
without counsel de parte on appeal, or (c) has signed the notice of appeal himself, ask
the clerk of court of the Court of Appeals shall designate a counsel de ofcio.

An appellant who is not confned in prison may, upon request, be assigned a counsel de
ofcio within ten (10) days from receipt of the notice to fle brief and he establishes his
right thereto.

Sec. 3. When brief for appellant to be fled. Within thirty (30) days from receipt by
the appellant or his counsel of the notice from the clerk of court of the Court of
Appeals that the evidence, oral and documentary, is already attached to the record, the
appellant shall fle seven (7) copies of his brief with the clerk of court which shall be
accompanied by proof of service of two (2) copies thereof
upon the appellee.

Sec. 4. When brief for appellee to be fled; reply brief of the appellant. Within
thirty (30) days from receipt of the brief of the appellant, the appellee shall fle seven (7)
copies of the brief of the appellee with the clerk of court which shall be accompanied
by proof of service of two (2) copies thereof upon the appellant.

Within twenty (20) days from receipt of the brief of the appellee, the appellant may fle a
reply brief traversing matters raised in the former but not covered in the brief of the
appellant.

Sec. 5. Extension of time for fling briefs. Extension of time for the fling of briefs
will not be allowed except for good and sufcient cause and only if the motion for
extension is fled before the expiration of the time sought to be extended.

Sec. 6. Form of briefs. Briefs shall either be printed, encoded or typewritten in double
space on legal size good quality unglazed paper, 330 mm. in length by 216 mm. in
width.

Sec. 7. Contents of brief. The briefs in criminal cases shall have the same contents as
provided in sections 13 and 14 of Rule 44. A certifed true copy of the decision or fnal
order appealed from shall be appended to the brief of the appellant.

Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. The
Court of Appeals may, upon motion of the appellee or motu proprio and with notice to
the appellant in either case, dismiss the appeal if the appellant fails to fle his brief
within the time prescribed by this Rule, except where the appellant is represented by
a counsel de ofcio.

The Court of Appeals may also, upon motion of the appellee or motu proprio,
dismiss the appeal if the appellant escapes from prison or confnement, jumps bail
or fees to a foreign country during the pendency of the appeal.

WHEN CAN THE COURT OF APPEALS DISMISS
AN APPEAL?
1. The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to
the appellant in either case, dismiss the appeal if the appellant fails to fle his brief within
the time
prescribed by this Rule, except where the appellant is represented by a counsel de ofcio.
2. The Court of Appeals may also, upon motion of the appellee or motu proprio,
dismiss the appeal if the appellant escapes from prison or confnement
3. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss
the appeal if the appellant jumps bail
4. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss
the appeal if the appellant fees to a foreign country during the pendency of the appeal
5. The Court of Appeals may also, motu propio dismiss the appeal if the appellant fails to
prosecute
6. The Court of Appeals may also, motu propio dismiss the appeal if the appellant abandons his
appeal

Sec. 9. Prompt disposition of appeals. Appeals of accused who are under detention shall be
given precedence in their disposition over other appeals. The Court of Appeals shall hear
and decide the
appeal at the earliest practicable time with due regard to the rights of the parties. The accused
need not be present in court during the hearing of the appeal.

Sec. 10. Judgment not to be reversed or modifed except for substantial error. No
judgment shall be reversed or modifed unless the Court of Appeals, after an examination of
the record and
of the evidence adduced by the parties, is of the opinion that terror was committed which
injuriously afected the substantial rights of the appellant.

WHEN CAN JUDGMENT BE REVERSED OR
MODIFIED?
It can only be reversed or modifed when there has been substantial errors

Sec. 11. Scope of judgment. The Court of Appeals may reverse, afrm or modify the
judgment and increase or reduce the penalty imposed by the trial court, remand the case to
the Regional Trial Court for new trial or retrial, or dismiss the case.

WHAT IS THE SCOPE OF JUDGMENT OF THE
COURT OF APPEALS?
1. Reverse, afrm, or modify the judgment
2. Increase or reduce the penalty imposed by the trial court
3. Remand the case to the RTC for new trial or retrial
4. Dismiss the case

WHY CANNOT THE CA REVISE THE
JUDGMENT OF THE LOWER COURT?
The power to revise is not given because it is changing the manner of the penning of
the judgment of the trial judge
It is violative of the rule that the judge must write the decision personally
MUST ALL BE ALLEGED IN THE APPEAL IN
ORDER TO REVIEW THE CASE IN ITS
ENTIRETY?
No.
An appeal in criminal proceedings throws the whole case open for review. It is the duty of
the appellate court to correct such errors as might be found in the appealed judgment,
whether they are assigned or not.

Sec. 12. Power to receive evidence. The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and perform any and all acts necessary to
resolve factual issues
raised in cases (a) falling within its original jurisdiction, (b) involving claims for damages
arising from provisional remedies, or (c) where the court grants a new trial based only on the
ground of
newly-discovered evidence.

CAN THE COURT OF APPEALS ACCEPT
EVIDENCE DURING AN APPEAL?
Generally, an appellate court doesnt accept new evidence during an appeal. Its decision
is based on the records and other documents forwarded to it by the lower courts
It can accept evidence though in the resolution of contentious factual issues, which are
raised in cases:
1. Falling within its original jurisdiction
2. Involving claim for damages arising from provisional remedies
3. Where the court grants a new trial based on the ground of newly-discovered evidence

Sec. 13. Quorum of the court; certifcation or appeal of cases to Supreme Court. Three
(3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The
unanimous
vote of the three (3) Justices of a division shall be necessary for the pronouncement of
a judgment or fnal resolution, which shall be reached in consultation before the writing of
the opinion by a member of the division. In the event that the three (3) Justices can not reach a
unanimous vote, the Presiding Justice shall direct the rafe committee of the Court to
designate two (2) additional Justices to sit temporarily with them, forming a special division of
fve (5) members and the concurrence of a majority of such division shall be necessary for
the pronouncement of a judgment or
fnal resolution. The designation of such additional Justices shall be made strictly by rafe and
rotation among all other Justices of the Court of Appeals.

Whenever the Court of Appeals fnd that the penalty of death, reclusion perpetua, or
life imprisonment should be imposed in a case, the court, after discussion of the
evidence and the law involved, shall render judgment imposing the penalty of death,
reclusion perpetua, or life imprisonment as the circumstance warrant. However, it shall refrain
from entering the judgment and
forthwith certify the case and elevate the entire record thereof to the Supreme Court for review.

HOW DOES THE CA DECIDE THE CASE?
Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of
a division.
The unanimous vote of the three (3) Justices of a division shall be necessary for the
pronouncement of a judgment or fnal resolution, which shall be reached in
consultation before the writing of the opinion by a member of the division.
In the event that the three (3) Justices can not reach a unanimous vote, the Presiding Justice
shall direct the rafe committee of the Court to designate two (2) additional Justices to sit
temporarily
with them, forming a special division of fve (5) members and the concurrence of a majority of
such division shall be necessary for the pronouncement of a judgment or fnal resolution.
The designation of such additional Justices shall be made strictly by rafe and rotation
among all other Justices of the Court of Appeals.
NB: There is tyranny of the minority. In case one of the three justices in a division
disagrees, he wins even if it is 2 against 1. A.M. No. 00-5-03-SC
RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL PROCEDURE TO
GOVERN DEATH PENALTY CASES RESOLUTION

Acting on the recommendation of the Committee on Revision of the Rules of Court submitting
for this Court's consideration and approval the Proposed Amendments to the Revised
Rules of Criminal Procedure To Govern Death Penalty Cases, the Court Resolved to
APPROVE the same.

The amendments shall take efect on October 15, 2004 following its publication in a newspaper
of general circulation not later than September 30, 2004.

September 28, 2004.

Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Tinga, JJ., concur.
Azcuna and Chico-Nazario, JJ., on leave.

AMENDED RULES TO GOVERN REVIEW OF
DEATH PENALTY CASES

Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of the Revised Rules of Criminal
Procedure, are amended as follows:

Rule 122

Sec. 3. How appeal taken.(a) The appeal to the Regional Trial Court, or to the Court of
Appeals in cases decided by the Regional Trial Court in the exercise of its original
jurisdiction, shall be by
notice of appeal fled with the court which rendered the judgment or fnal order appealed from and
by serving a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in
the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.

(c) The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion
perpetua, life imprisonment or where a lesser penalty is imposed for ofenses committed
on the same
occasion or which arose out of the same occurrence that gave rise to the more, serious
ofense for which the penalty of death, reclusion perpetua, or life imprisonment is
imposed, shall be by
notice of appeal to the Court of Appeals in accordance with paragraph (a) of this Rule.

(d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the
death penalty. The Court of Appeals shall automatically review the judgment as provided in
Section 10 of this
Rule. (3a)

x x x

Sec. 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 Court of
Appeals for automatic
review and judgment within twenty days but not earlier than ffteen days from 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 days after the fling thereof by the stenographic reporter. (10a)

x x x

Rule 124

Sec. 12. Power to receive evidence.The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and perform all acts necessary to resolve
factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to grant and conduct
new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous
and
must be completed within three months, unless extended by the Chief Justice. 12(a)

Sec. 13. Certifcation or appeal of case to the Supreme Court.(a) Whenever the Court of
Appeals fnds that the penalty of death should be imposed, the court shall render
judgment but refrain
from making an entry of judgment and forthwith certify the case and elevate its entire
record to the Supreme Court for review.

(b) Where the judgment also imposes a lesser penalty for ofenses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more severe
ofense for which the
penalty of death is imposed, and the accused appeals, the appeal shall be included in
the case certifed for review to, the Supreme Court.

(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or
a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment
may be appealed to the Supreme Court by notice of appeal fled with the Court of
Appeals.

WHAT IS THE PROCEDURE WHEN THE CA
FINDS THAT THE PENALTY TO BE IMPOSED
IS DEATH, RECLUSION PERPETUA, OR LIFE
IMPRISONMENT?
Whenever the Court of Appeals fnds that the penalty of death should be imposed,
the court shall render judgment but refrain from making an entry of judgment and forthwith
certify the case and elevate its entire record to the Supreme Court for review.
Where the judgment also imposes a lesser penalty for ofenses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more severe ofense for
which the penalty of death is imposed, and the accused appeals, the appeal shall be included in
the case certifed for review to, the Supreme Court.
In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a
lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may
be appealed
to the Supreme Court by notice of appeal fled with the Court of Appeals.

WHAT IF THE DECISION APPEALED TO
THE CA IS PURELY QUESTIONS OF LAW?
The CA may certify it to the SC directly

Sec. 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
fnal, 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.

CAN THE CA CONDUCT A NEW TRIAL?
Yes, the ground for new trial is based on newly-discovered evidence and the motion
shall conform with the provisions of Section 4, Rule 121

WHAT IS NEWLY-DISCOVERED EVIDENCE?
This is material evidence that can change the outcome of the judgment when admitted

WHEN SHOULD THE NEWLY-DISCOVERED
EVIDENCE BE DISCOVERED?
The evidence must be discovered after the perfection of appeal, but before the CA
renders its judgment, because after the perfection of the appeal, the trial court loses its
jurisdiction. On the other hand, prior perfection of an appeal, the party discovering the
new evidence may fle a motion for new trial with the trial court anyway.

INSTEAD OF FILING A MOTION FOR NEW TRIAL, CAN A PARTY FILE A MOTION FOR
RECONSIDERATION INSTEAD?
No since a motion for reconsideration only covers errors of facts or laws and not newly-
discovered evidence, which pertains exclusively as a ground for new trial

WHY IS THE PERIOD FOR FILING A MOTION
FOR NEW TRIAL FROM A DECISION OF THE
RTC DIFFERENT FROM THAT OF THE CA?
For the reason that at some point in time, the case must end.

Sec. 15. Where new trial conducted. When a new trial is granted, the Court of Appeals may
conduct the hearing and receive evidence as provided in section 12 of this Rule or refer the trial to
the court of origin.

Sec. 16. Reconsideration. A motion for reconsideration shall be fled within ffteen (15)
days from notice of the decision or fnal order of the Court of Appeals with copies thereof
served upon the
adverse party, setting forth the grounds in support thereof. The mittimus shall be stayed
during the pendency of the motion for reconsideration. No party shall be allowed a
second motion for
reconsideration of a judgment or fnal order.

WHEN SHOULD A MOTION FOR
RECONSIDERATION BE FILED?
A motion for reconsideration shall be fled within ffteen (15) days from notice of the decision
or fnal order of the Court of Appeals with copies thereof served upon the adverse party,
setting forth the grounds in support thereof.
The mittimus shall be stayed during the pendency of the motion for reconsideration.
No party shall be allowed a second motion for reconsideration of a judgment or fnal order.

WHAT IS THE MEANING OF MITTIMUS?
It is the process issued by the court after conviction to carry out the fnal judgment such as
commanding a prison warden to hold the accused in accordance with the terms of the judgment
ec. 17. Judgment transmitted and fled in trial court. When the entry of judgment of the Court of
Appeals is issued, a certifed true copy of the judgment shall be attached to the original record
which
shall be remanded to the clerk of the court from which the appeal was taken.

WHAT SHOULD BE DONE AFTER THE
JUDGMENT OF THE CA HAS BECOME FINAL?
When the judgment of the CA becomes fnal, a certifed true copy of the judgment shall be
attached to the original record which shall be remanded to the clerk of the court from which the
appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminal cases. The provisions of
Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the
Supreme Court in
original and appealed civil cases shall be applied to criminal cases insofar as they are
applicable and not inconsistent with the provision of this Rule.