Rules on Criminal Procedure

RULE 122

Appeal

SECTION 1. Who may appeal. - Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy. (2a)

SECTION 2. Where to appeal. - The appeal may be taken as follows:

(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 law, in cases
decided by the Regional Trial Court; and

(c) To the Supreme Court, in cases decided by the Court of Appeals. (1a)

SECTION 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 filed with
the court which rendered the judgment or final 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 offenses committed on the
same occasion or which arose out of the same occurrence that gave rise to the more serious
offense 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) (As amended by SC Resolution A.M. No. 00-5-03-SC, Sept. 28, 2004)

SECTION 4. Publication of notice of appeal. - If personal service of the copy of the notice of
appeal can not be made upon the adverse party or his counsel, service may be done by registered
mail or by substituted service pursuant to Sections 7 and 8 of Rule 13. (4a)

SECTION 5. Waiver of notice. - The appellee may waive his right to a notice that an appeal has
been taken. The appellate court may, in its discretion, entertain an appeal notwithstanding failure
to give such notice if the interests of justice so require. (5a)

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 has been served upon the accused or his
counsel at which time the balance of the period begins to run. (6a)

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
said 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 the 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. (7a)

SECTION 8. Transmission of papers to appellate court upon appeal. - Within five (5) days from the
filing of the notice of appeal, the clerk of the 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. The original and three copies of the transcript of stenographic notes, together with the
records, shall also be transmitted to the clerk of the appellate court without undue delay. The other
copy of the transcript shall remain in the lower court. (8a)

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 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. (9a)

SECTION 10. Transmission of records in case of death penalty. - In all cases where the death

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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 fifteen 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 filing thereof by the stenographic
reporter. (10a) (As amended by SC Resolution A.M. No. 00-5-03-SC, Sept. 28, 2004)

SECTION 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. (11a)

SECTION 12. Withdrawal of appeal. - Notwithstanding perfection of the appeal, the Regional Trial
Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the
record has been forwarded by the clerk of court to the proper appellate court as provided in
Section 8, in which case the judgment shall become final. The Regional Trial Court may also, in its
discretion, allow the appellant from the judgment of a Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal,
provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in
which case the judgment of the court of origin shall become final and the case shall be remanded
to the latter court for execution of the judgment. (12a)

SECTION 13. Appointment of counsel de oficio for accused on appeal. - It shall be the duty of the
clerk of court of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if
confined in prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme
Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be
prepared by the clerk of court of the appellate court, a certificate of compliance with this duty and
of the response of the appellant to his inquiry. (13a)

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