CRIMINAL PROCEDURE

ATTY. BYRON SAN PEDRO

FRIDAY|05:30-08:30

GROUP IV
BALITA, Dexie
CUADRA, Rose Ann
ESTOLANO, Princess
FRONDA, Stephanie

RULE 123
PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Section I- UNIFORM PROCEDURE

What is the procedure to be observed in Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts?

>The following courts shall observe the same procedure as in the Regional Trial Courts

EXCEPT:

>Where a particular provision expressly or impliedly applies only to the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts.
>In criminal cases governed by the Rules on Summary Procedure in Special Cases.

RULE 124
PROCEDURE IN THE COURT OF APPEALS

Section I- TITLE OF THE CASE

>The title of the case to be appealed shall remain as it was in the court of origin. However, the party
appealing shall be called appellant and the adverse party, the appellee.

Section II- APPOINTMENT OF COUNSEL DE OFICIO FOR THE ACCUSED

What are the instances when an accused can be given a counsel de oficio on appeal?

>When the accused is confined in prison

>When he is without counsel de parte on appeal
>When he signed the notice of appeal himself
EXCEPTION:
>An accused-appellant who is not confined to prison can have a counsel de oficio if requested by him in
the appellate court within ten (10) days from receipt of the notice to file brief and the right is
established by affidavit.

Section III- WHEN BRIEF FOR THE APPELLANT TO BE FILED

What is a brief?
>It is an abridged or abbreviated statement of a partys case used to submit a partys legal argument to
a court. It contains the following:
I. A statement of the names of the parties and where they reside,
II. Pleadings, and the purpose of the brief,
III. A brief chronological review of the facts,
IV. Arguments why the party should prevail and supported by legal authority and precedent
that would include statutes, regulations, and case law and precedents.
>Seven (7) copies of the brief shall be filed within thirty (30) days from the receipt of 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 copies of his brief shall be accompanied by proof
of service of two (2) copies thereof upon the appellee.

Section IV- WHEN BRIEF FOR APPELLEE TO BE FILED; REPLY BRIEF OF THE APPELLANT

What is a Reply Brief?

>A reply brief refers to the responding partys reply in appellate court to the appealing partys opening
brief.

>The appellee shall file seven (7) copies of the brief with the clerk of court within thirty (30) days
from receipt of the brief of the appellant accompanied by proof of service of two (2) copies thereof
upon the appellant.

>On the other hand, the appellant may file a reply brief within twenty (20) days from the receipt of the
brief of the appellee. It shall deny or controvert matters raised in the appellees brief, but not covered
in the brief of the appellant.

Sec. 5 Extension of time for filing briefs

Extension of time for the filing of briefs will not be allowed except :
For good and sufficient cause; and
Only if the motion for extension is filed before the expiration of the time sought to be extended.

Sec. 6 Forms 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 Briefs

The briefs in criminal cases shall have the same as provided in secs 13 and 14 of Rule 44
Section 13. Contents of appellant's brief. The appellant's brief shall contain, in the order herein
indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page references,
and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages
where they are cited;

(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and
concisely stated without repetition and numbered consecutively;

(c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the
action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the
judgment and any other matters necessary to an understanding of the nature of the controversy with
page references to the record;

(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the
facts admitted by both parties and of those in controversy, together with the substance of the proof
relating thereto in sufficient detail to make it clearly intelligible, with page references to the record;

(e) A clear and concise statement of the issues of fact or law to be submitted, to the court for its
judgment;

(f) Under the heading "Argument," the appellant's arguments on each assignment of error with
page references to the record. The authorities relied upon shall be cited by the page of the report at
which the case begins and the page of the report on which the citation is found;

(g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks;
and

(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix,
a copy of the judgment or final order appealed from. (16a, R46)

Section 14. Contents of appellee's brief. The appellee's brief shall contain, in the order herein
indicated the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page references,
and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages
where they are cited;

(b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of
facts in the appellant's brief, or under the heading "Counter-Statement of Facts," he shall point out
such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts with
references to the pages of the record in support thereof, but without repetition of matters in the
appellant's statement of facts; and
(c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each
assignment of error with page references to the record. The authorities relied on shall be cited by the
page of the report at which the case begins and the page of the report on which the citation is found.
(17a, R46)

Sec. 8 Dismissal of Appeal for Abandonment or Failure to Prosecute

Grounds:
(A)Appellant fails to file his brief within the prescribed time;
Exception: Where the appellant is represented by a counsel de oficio.
If failure to file brief on time is the ground, appellant must be given NOTICE to give him opportunity to
reason out why his appeal should not be dismissed.
However, dismissal is proper despite lack of notice:
(a) If appellant has filed a MFR or motion to set aside the order dismissing the appeal, in which he
stated the reason why he failed to file his brief on time and the appellate court denied the motion after
considering reason. [Baradi v. People (1948)]
(b) If appeal was dismissed without notice but appellant took no steps to have the appeal reinstated.
Such action amounts to abandonment. [Salvador v. Reyes (1949)]
(B)If the appellant escapes from prison/confinement, jumps bail or flees to a foreign country during
the pendency of the appeal.
Likewise, when accused flees after the case has been submitted for decision, he is deemed to have
waived his right to appeal. [People v. Ang Gioc (1941)]
Exception: Appeal will not be dismissed despite escape:
(a) In one exceptional case, the appellant took advantage of a mass jailbreak (because, according to his
counsel de oficio he was innocent and wanted to elude an unjust punishment) but was recaptured 2
hours after, the SC said circumstances were not sufficient to justify dismissal of the appeal. [People v.
Valencia (1949)]
(b) If there was absolutely no evidence against the accused as found by the appellate court, he should
be acquitted in order to prevent an injustice by technicalities. [People v.Buenaventura (1994)]
(c) In case of automatic review. [People v. Cornelio (1971)]

Sec. 9 Prompt Disposition of Cases

Appeals of accused who are under detention are given precedence in their disposition over other
appeals.
The CA 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.

Section 10. Judgment not to be reversed or modified except for substantial error.

No judgment shall be reversed or modified unless the Court of Appeals, after an examination of the
record and of the evidence adduced by the parties, is of the opinion that error was committed which
injuriously affected the substantial rights of the appellant. (10a)
Section 11. Scope of judgment.

The Court of Appeals may reverse, affirm, 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. (11a)

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. Certification or appeal of case to the Supreme Court.

(a) Whenever the Court of Appeals finds 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 offenses committed on the same occasion
or which arose out of the same occurrence that gave rise to the more severe offense for which the
penalty of death is imposed, and the accused appeals, the appeal shall be included in the case
certified 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 filed 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 finds 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 offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the more severe offense for which the penalty
of death is imposed, and the accused appeals, the appeal shall be included in the case certified 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 filed with the Court of Appeals.

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 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.
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 file 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.

Section 16. Reconsideration.

A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final
order of the Court of Appeals, with copies 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 final order.

When to file reconsideration?

- A motion for reconsideration shall be filed within fifteen (15) days after from notice of the decision or final
order of the Court of Appeals, with copies served upon the adverse party, setting forth the grounds in support
thereof.

Mittimus defined
- a final process for carrying out into effect the decision of the appellate court, its transmittal to the court of
origin, predicated upon the finality of the judgment (De Guzman v. Reyes, 114 SCRA 597)
Section 17. Judgment transmitted and filed in trial court.
What is the rule if entry of judgment is issued?
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 the court from which the appeal was
taken.

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

What provisions of civil procedure which is applicable in criminal actions?
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 provisions of this Rule.

Rule
42 Petition for Review from the RTC to
CA
44 Ordinary Appealed Cases
45 Appeal by Certiorari to the Supreme
Court
46 Original Cases
48 Preliminary Conference
49 Oral Argument
50 Dismissal of Appeal
51 Judgment
52 Motion for Reconsideration
53 New Trial
54 Internal Business
55 Publication of Judgments and Final
Resolution
56 Procedure in the Supreme Court
(original and appealed cases)

C. Procedure in the Supreme Court (Rule 125)

Section 1. Uniform procedure
What is the rule on uniform application of the rules?
Unless otherwise provided by the Constitution or by law, the procedure in the Supreme Court in original and in
appealed cases shall be the same as in the Court of Appeals.

Appeal to the Supreme Court (SC)

- In the ordinary course of law, a case may reach the SC for final adjudication by way of an:
a) an automatic review
Where the judgment of the RTC imposed upon the accused is death, the case goes up to the Supreme
Court for automatic review (Section 10, Rule 122)

Similarly, if the decision of the trial court was to appealed to the CA, following a review thereof, and the
latter court is of the opinion that the penalty imposed should be death or life imprisonment (Sec. 13,
Rule 124)
 when a case comes up to the SC on automatic review, said court- as already implied- is duty
bound to pass upon the findings of facts and law of the trial court.

b) ordinary appeal
In cases where the penalty imposed is life imprisonment, or where a lesser penalty is imposed but
involving offenses committed on the same occasion or arising out of the same occurrence that gave rise
to the serious offense for which the penalty of death or life imprisonment is imposed, the decision is
reviewable by the SC by ordinary appeal (section 3 (c), Rule 122).

In any event, in these cases the appellate court reviews not only errors of law but also findings of
facts of the trial courts.

c) petition for review on certiorari

In all cases in which
(a) the constitutionality or validity of any treaty, executive agreement, law, ordinance or
executive order or regulation is in question, or
- Upon appeal based on the validity or invalidity of a law under which the defendant has been
convicted in the lower court, the SC cannot review the evidence nor pass upon any other
question of law which may appear on the record, but will only confine itself to the question of
the validity or invalidity of that law

(b) the jurisdiction of any inferior court is in issue, or

an appeal can be taken directly from RTC to the SC in cases where the jurisdiction of any inferior
court is in issue, the claim of want of jurisdiction must be real and substantial. A mere claim in
words is not enough.

(c) only an error or question of law is involved, the appeal is taken from the decision of the lower
court to the SC by the petition for review on certiorari
-In both instances, the review is, as a rule, limited to errors of law

Certiorari as a mode of review Special Civil action of Certiorari

Governed by Rule 45 Governed by Rule 65
Superior court reviews errors of law committed The function of keeping an inferior court, within
by the lower court the bounds of its jurisdiction of preventing it
from committing a grave abuse of discretion
amounting to excess of jurisdiction
Not available to correct judicial errors or
mistakes of law

Section 2. Review of decisions of the Court of Appeals.

What is the rule on the review of decision in criminal cases?
The procedure for the review by the Supreme Court of decisions in criminal cases rendered by the Court of
Appeals shall be the same as in civil cases.

GENERAL RULE: Findings of fact in the CA is conclusive upon the SC

EXCEPTIONS:
1. When the conclusion is a finding grounded entirely on speculation, surmises or conjectures
2. When the inference made is manifestly absurd, mistaken or impossible
3. When there is grave abuse of discretion in the appreciation of facts
4. When the judgment is premised on a misapprehension of facts
5. When the findings of fact are conflicting
6. When the Court of Appeals in making its findings went beyond the issues of the case and the same is contrary
to the admissions of both appellant and appellee
7. When certain material facts and circumstances had been overlooked which, if taken into account would after
the result as it would give rise to reasonable doubt to acquit the accused.
8. When the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly
considered, would justify a different conclusion
9. When the findings of fact of the CA are premised on the absence of evidence and are contradicted by the
evidence on record
10. When the findings are contrary to those of the trial court
11. Adverse decision in a petition for writ of amparo
12. Adverse decision in a petition for writ of habeas data
13. Adverse decision in a writ of kalikasan

Question of law Question of fact

when the doubt or difference arises as to what when the doubt or difference arises as to the
the law is on a certain state of facts
must not involve an examination of the
probative value of the evidence presented by the
litigants or any of them.
truth or the falsehood of alleged facts or when
the the query necessarily invites calibration of
the whole evidence, considering mainly the
credibility of witnesses, existence and relevancy
of specific surrounding circumstances, their
relation to one another and to the whole, and
the probabilities of the situation.

Section 3. Decision if opinion is equally divided

What is the rule in case of division of the opinion of the Supreme Court?
When the Supreme Court en banc is equally divided in opinion or the necessary majority cannot be had on
whether to acquit the appellant, the case shall again be deliberated upon and if no decision is reached after re-
deliberation, the judgment of conviction of the lower court shall be reversed and the accused acquitted.

Judgment when the court is equally divided in opinion

- In cases heard by a division of the SC, where the concurrence of 5 justices for pronouncement of judgment is
not obtained, the same are heard and decided by the court en banc.

- Those cases where the court en banc is equally divided in opinion or the necessary majority cannot be had, the
same are reheard, and if after rehearing no decision is reached, the judgment of conviction of the lower court is
reversed and the accused acquitted------ GENERAL PRESUMPTION OF INNOCENCE GUARANTEED IN THE
CONSTITUTION and on the time honored principle that A PERSON ACCUSED OF AN OFFENSE CAN BE
CONVICTED ONLY BY PROOF GUILT BEYOND REASONABLE DOUBT

-If the court is equally divided in its opinion, or if the required majority cannot be had, as to the guilt or
innocence of the accused, the judgment of conviction is reversed and the accused is acquitted

-But if the division of opinion or lack of required votes refers to the propriety of imposing the death penalty, the
penalty next lower in degree shall be imposed.