Professional Documents
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What is appeal?
Appeal means a review of a
decision of a lower court by
a higher court. The higher court
will determine whether the
decision of the lower court is
correct, just, etc.
Section 3:
How is appeal taken?
Notice of Appeal
1. Cases decided by the RTC in
original jurisdiction
its
Section 3:
How is appeal taken?
Petition for Review
1.Cases decided by the RTC in its
appellate jurisdiction
Petition for Review on Certiorari
2. Except as provided in the last
paragraph of section 13,
Rule 124, all other appeals
to the Supreme Court
Section 4:
Service of Notice of Appeal
Service of the copy of the notice
shall be made to the accused or
his counsel:
Personal service
Registered mail
Substituted service
SEC. 5:
Waiver of notice
Section 6:
When appeal to be taken
When do you appeal?
Under Section 6, fifteen (15) days from promulgation of the
judgment or from notice of the order appealed from.
What happens if you filed a motion for new trial or
reconsideration within the 15-day period?
A: the filing of the motion for reconsideration will suspend the
running of the 15-day period to appeal until notice of the order
overruling the motion has been served upon the accused or his
counsel, at which time, the balance of the period begins to run.
That phrase was added in the new rules At which time, the
balance of the period begins to run. That is only emphasizing
what the rule should be.
SEC. 11.
Effect of appeal by any of several accused.
(a) An appeal taken by one or more of 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.
(b) The appeal of the offended party from the civil
aspect shall not affect the criminal aspect of the
judgment or order appealed from.
(c) Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall be
stayed as to the appealing party.