“A” for Attorney

“S” for Student

N.B. may mga sunod-sunod na A-A-A kasi yun yung sinasagot ni atty sarili nyang
tanong. Hahahah

N.B. For some questions, I deem it better to just copy directly the answer from the Rules
of Court. Yung ilang galing libro ay recit ni Lian na di talaga marinig.

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A: There is a specific provision in the ROC that states the grounds for motion for
reconsideration, what are those grounds?

Rule 121, Section 3. Ground for reconsideration. — The court shall grant reconsideration
on the ground of errors of law or fact in the judgment, which requires no further
proceedings. (3a)

A: How about motion for new trial, what is that?

Rule 121, Section 2. Grounds for a new trial. — The court shall grant a new trial on any of
the following grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial;

(b) The new and material evidence has been discovered which the accused could not
with reasonable diligence have discovered and produced at the trial and which if
introduced and admitted would probably change the judgment. (2a)

A: A motion for new trial can be filed before a judgment?

S: Yes.

A: What is the difference between a motion for new trial and reopening of proceedings?

No answer given by classmate nor atty

A: What is the difference between a motion for new trial and a motion for
reconsideration?

A: So the main difference between a motion for new trial and a motion for
reconsideration… In motion for reconsideration, as long as there is an error in fact or
law; but in a motion for new trial, there can be an error of fact or law AND it affects
 the substantial rights of the accused. And there is the other ground – newly
discovered evidence.

A: What is the first ground again for motion of new trial?

Rule 121, Section 2. (a) The errors of law or irregularities prejudicial to the substantial
rights of the accused have been committed during the trial;

A: Give me an example wherein one will file a motion for new trial because there is an
effect on the substantial right of the accused.

S: When the accused right to due process is violated, such as his right to be notified of
the cause of accusation against him.

A: Ok, I will give you an example… There has been a witness presented by the
prosecution, and for one reason or another, the accused was not able to cross-examine
that witness. In that case, there has been a violation of his substantive right to confront
the witness against him. Therefore, that is a valid ground for a motion for new trial.
You must be able to distinguish, class, what is a miscarriage of justice from those
affecting the substantial rights of the accused.

A: What is the effect if the court grants the motion for a new trial based on the first
ground?

Rule 121, Sec. 6. (a) When a new trial is granted on the ground of errors of law or
irregularities committed during the trial, all proceedings and evidence affected
thereby shall be set aside and taken anew. The court may, in the interest of justice,
allow the introduction of additional evidence.

A: What is the second ground for a motion for new trial?

Rule 121, Sec. 2. (b) The new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and produced at the trial
and which if introduced and admitted would probably change the judgment. (2a)

A: Suppose there is a criminal case for estafa, because the accused allegedly failed to
pay for his food. It is a case for estafa if you did not pay the restaurant because that is
misrepresentation. So the court found that the accused did not pay the restaurant and
convicted him of estafa. During the reglementary period, the accused found in his
glove compartment that the receipt for the food is inside. Can you file for a motion for
new trial alleging that there is newly found evidence?

S: Yes, motion for new trial considering that the 15-day period did not lapse. A new
evidence will be considered if the following requisites are present. First, it has to be
 new and material evidence. Second, evidence could not have been produced even
with reasonable diligence. In that case, if the receipt is found in the car, it could have
been found with reasonable diligence.

A: Do you regularly look into your glove compartment? Is it expected for a reasonable
diligent man to look into his glove compartment? If it is in your wallet, it is reasonable
because you always look into your wallet.

S: Considering that the accused is charged of estafa, one evidence may find that can
acquit him is the receipt. And by reasonable diligence, he should have looked for that
receipt and he may look into his car.

A: For you it is negligence if you did not look into your glove compartment for the
receipt.

A: Suppose the receipt is found by the lawyer of the client in the lawyer’s glove
compartment, can you file a motion for new trial? Is it expected for a lawyer to check
his glove compartment?

S: I think it is expected from the lawyer.

A: In this case, it is the lawyer who is negligent, so can the client file a motion for a new
trial?

A: Ok, class to answer that you have review your legal ethics. The negligence of the
lawyer is binding to the client. So in that case, even if the client is not negligent and it
is the lawyer, still you cannot file a motion for new trial. That is why when you are
lawyers, you must be very careful of where you put the evidence. Because if the
lawyer is the one who lose the document or misplace it, it will bind the client and the
client would not be able to file a motion for new trial.

A: Suppose the receipt is found in the hand of the restaurant company, during the
reglementary period. Can the accused file a motion for new trial?

S: Yes.

A: Was there reasonable diligence in the part of the accused to discover the receipt in
the hands of the restaurant?

S: Since the receipt is a material evidence and it is found during the reglementary
period, I think the accused still exercise reasonable diligence.

A: So you cannot claim that the accused is negligent for failing to look for the receipt in
the hands of the restaurant?
A: To answer that, if the evidence is in the hands of the private complainant then you
cannot expect the accused to be able to search the private complainant precisely
because he was the one who filed the criminal case. That is why, the accused in that
case could not be reasonably expected to search the private complainant’s premises.
So hiding a receipt which is a material evidence is a ground for a motion for new trial.

A: What is the effect if the court grants the motion for new trial based on the second
ground?

Rule 121, Sec. 6. (b) When a new trial is granted on the ground of newly-discovered
evidence, the evidence already adduced shall stand and the newly-discovered and
such other evidence as the court may, in the interest of justice, allow to be introduced
shall be taken and considered together with the evidence already in the record.

(c) In all cases, when the court grants new trial or reconsideration, the original judgment
shall be set aside or vacated and a new judgment rendered accordingly. (6a)

A: May the court motu proprio move for reconsideration or new trial?

S: Yes.

A: Suppose the accused file a motion for reconsideration and it was denied by the court,
can the accused file a motion for new trial?

S: The accused may as long as the grounds would fall as that acceptable for a new trial.

A: So its possible?

S: Yes

A: Can prosecution file a motion for new trial or motion for reconsideration in a
judgment of acquittal?

S: No. But the prosecution may as long as it does not violate the right against double
jeopardy.

A: If the prosecution file a motion for reconsideration within the 15-day reglementary
period, does he violate the right against double jeopardy.

S: Yes, it violates because there is already a judgment pronounced by the court on the
merits

A: Is there no 15-day reglementary period in a judgment of acquittal?

A: The prosecution cannot file a motion for reconsideration or new trial in a judgment
of acquittal because the judgment of acquittal is immediately final and executory.
There is no 15-day reglementary period before it becomes final. Immediately when
 you render a judgment of acquittal it is final and executor. So as a prosecutor, you
cannot file a motion for reconsideration or new trial. The only exception is you can file
a motion for reconsideration for purposes of filing a petition for certiorari under Rule
65, because it is mandatory that you file a motion for reconsideration before you file a
petition for certiorari.

A: What is the Neypes Doctrine?

[From book] The court emphasized that the period for appeal is not only within 15 days
from notice of the judgment but also within 15 days from notice of the final order
appealed from. If a motion for reconsideration or motion for new trial is denied, such
denial is to be deemed as the final order. From receipt of such notice of denial, the
movant has another “fresh period” within which to appeal.

A: Why is it that the court granted a fresh 15-day reglementary period when a motion
for reconsideration or a motion for new trial is denied?

[From book] To standardize the appeal periods provided in the Rules and to afford
litigants fair opportunity to appeal their cases. And to do away with the confusion as
to when the 15-day appeal period should be counted.

A: When the court denies a motion for reconsideration or new trial, the court issues a
final order. Under B.P. 129, the 15-day reglementary period is not only counted from
the period of judgment, but also from the time the final order is issued.

A: Why is it that an order denying a motion for reconsideration or a motion for new
trial is a final order?

A: What are the two types of order?

S: Interlocutory Order and Final Order.

A: What is the difference between a final order and an interlocutory order?

S: In interlocutory order, there are things that remain to be done or should be done. In
final order, an order wherein nothing anymore can be done.

A: So why is an order denying a motion for reconsideration or a motion for new trial is
a final order?

A: It is a final order because the court, when it issues the order denying the motion for
reconsideration or new trial, cannot do anything anymore. That is the final stage of his
judgment. The next stage does not do anything with the court that rendered
judgment, it is not with the appellate court. That is why you deny a motion for
reconsideration or new trial, there is nothing anymore to be done by the court that
 rendered the judgment. Thus, it is a final order subject now to the 15-day
reglementary period under Sec. 39 of B.P. 129.

A: What is an appeal?

A: I will first tell you the story of Hernan vs. Sandiganbayan.

A: A new decision regarding the adjusted penalties. There is a R.A. 10951, it is a law
where the penalties for estafa, theft, some robbery, some malversation, even qualified
theft was lowered. So it drastically lowered every penalty for a crime that involves
monetary value. Estafa for example, from the maximum threshold of 88,000, it is now
4million pesos. So if you commit estafa involving 100,000 pesos or 1million pesos, it is
now cognizable in the MTC because the penalty is less than 6years. Only when you
commit estafa that involves the amount greater than 4million pesos, shall it been filed
with the RTC because the penalty therein is now reclusion perpetua

A: What is the significance of this in the case of Hernan vs. Sandiganbayan?

A: When the law was passed there is a provision in the last part of the law, that this law
shall be applicable even to those serving sentence. So the Supreme Court was flooded
with so many petition for recomputation of penalties. All of those convicted of estafa,
qualified theft, robbery, malversation all filed with the Supreme Court to lower their
penalties.

A: According to the Supreme Court, although those already serving sentence, the
judgment against them is already final and executory, the law is a supervening
circumstance that should be considered to lower their penalties that will be served.

A: What is the procedure now?

A: Instead of filing directly with the Supreme Court, it should be referred to the original
court, mostly the RTC. So now when you have a lower penalty and the judgment is
already final and executory, you do not file MR, you do not file Motion for new trial,
you do not file anything. You just file a petition for fixing the penalty in the original
court, the RTC as the case may be.

A: Another thing in Hernan vs. Sandiganbayan, the venue of the filing of the petition to
fix the penalty is not where the crime is committed, but where the person convicted is
confined. So if you are confined in Bilibid prison, you file in Muntinlupa. If you are
confined in Mandaluyong, then you file in Mandaluyong RTC.

A: Going back, what is an appeal?

S: An appeal is a proceeding which transfers the case to the appellate court for the
determination of the final order
A: So an appeal is a petition?

A: It is not a petition, it is merely a remedy.

A: In a criminal case, what is the subject matter of an appeal?

A: The subject matter of an appeal in a criminal case is the entire proceeding. It opens
the entire proceeding for the review of the court. In a civil case, when you appeal, the
appellate court only considers those issue that has been raised. But in criminal cases,
when you appeal, it throws the case wide open. Therefore everything can be
discussed by the appellate court even if it is not raised in the appeal.

A: Is an appeal a constitutional right?

[From book] The right to appeal is not a natural right nor a part of due process but
merely a statutory privilege. As a consequence, the right to appeal may be exercised
only in the manner and in accordance with the provisions of law. While the right is
statutory, once it is granted by law, its suppression would be a violation of due
process.

S: No. An appeal is decided by the court whether it should be granted or not, hence not
a constitutional right.

A: So it is discretionary upon the appellate court, it is a mere statutory right? Do the

courts always have discretion in an appeal?

A: The answer is no. An appeal can be a matter of right or a matter of discretion. But it
is true, an appeal is a statutory right.

A: Suppose there is a death penalty imposed by the RTC, is there a constitutional right
to appeal?

No answer by student nor by atty

A: Why is it when an accused appeal a judgment of conviction, the right against double
jeopardy is not applicable or invoked?

S: Because the case will be set anew, therefore the accused takes the risk.

A: Why is it when the prosecution appeals the judgment of acquittal, the right against
double jeopardy can be invoked?

S: Because the judgment of acquittal is immediately final and executory.

A: Do you agree with me that an appeal can be a matter of right and a matter of right
and a matter of discretion?

S: Yes.
A: When is an appeal a matter of right?

S: It is a matter of right if it is in the first exercise of jurisdiction, for example if it is from

the MTC to the RTC.

A: How can you say that an appeal is a matter of right?

S: When it is in the first exercise of the jurisdiction of the court to where they are
appealing.

A: So as long as it is a first appeal, it is a matter of right? Second appeal, that is not

anymore a matter of right?

A: When is an appeal a matter of right?

S: When you file an appeal in the court that does not exercise its appellate jurisdiction,
it is a matter of right.

A: For example, the MTC has original jurisdiction over the crime and you file it with the
RTC who has appellate jurisdiction, that is a matter of right? So you just look at
whether it is original jurisdiction to determine whether the appeal is a matter of right?

A: How do you determine whether an appeal is a matter of right?

A: An appeal is a matter of right when an appeal is perfected and the appellate court
has no discretion but to give due course to the appeal.

A: What is the meaning of giving due course to an appeal? Does it mean that the court
will grant the appeal?

S: When the court either grants or denies the appeal.

A: So when the court gives due course to an appeal, will it grant the appeal?

S: Not necessarily.

A: What do we mean of giving due course to an appeal?

S: When the court take cognizance of the appeal and decides on whether to grant or
deny it.

A: The meaning of the phrase ‘giving due course to the appeal’ simply means that the
court will consider the appealed case on the merits. It does not automatically grant the
appeal, but there is a mandatory duty on the part of the appellate court to decide the
case on the merits.

A: In instances when the appeal is a matter of right, the court will always consider the
appeal on the merits.
A: What are the instances when the appeal is a matter of right in criminal cases?

S: Appeal is always a matter of right in criminal cases if it does not exceeded the 15-day
period after final judgment.

A: So once you filed an appeal within the 15-day reglementary period, the appeal is
always a matter of right in criminal cases?

A: No.

A: Give me an instance when appeal is matter of right in criminal cases, under Section
3(a) of Rule 122.

Rule 122, Sec. 3. (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 taken by filing a notice of appeal with the court which rendered the judgment
or final order appealed from and by serving a copy thereof upon the adverse party.

A: If this is an appeal as a matter of right, what does it mean?

S: That it is only for the exercise of its original jurisdiction and when it is filed by notice
of appeal, it is a matter of right.

A: Can you give me another instance when an appeal as a matter of right in criminal
cases?

Rule 122, Sec. 3. (c) The appeal to the Supreme Court in cases where the penalty
imposed by the Regional Trial Court is death, reclusion perpetua, or life imprisonment,
or where a lesser penalty is imposed but 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 filing a notice of appeal in accordance with paragraph (a) of this section.

A: When appeal is a matter of right, how do you perfect it?

S: It is perfected upon filing of the notice of appeal to the court which rendered the
judgment, together with the records of the case.

A: So when you file a notice of appeal you attach the records of the case? So the accused
will file the notice of appeal and then forward the records of the case to the appellate
court? If the accused fails to forward the records of the case to the appellate court,
then there is not valid perfected appeal?

S: Change of an answer, the accused files a notice of appeal to the court which rendered
the judgment.
A: Who transfers the record?

S: The clerk of court.

A: So when you file the notice of appeal, you perfect the appeal?

A: It is not sufficient that you file a notice of appeal in order to perfect an appeal. It is
just the first stage. The other requirement, you must serve a copy of the notice of
appeal to the other party. So file a notice of appeal within the 15-day reglementary
period and serve a copy of the notice to the other party. When you comply with those
requisites, then you perfect an appeal.

A: Where do you file a notice of appeal?

S: To the court which rendered the decision

A: What happens when you fail to furnish a copy of the notice of appeal to the adverse
party?

S: It will not become a perfected notice of appeal.

A: Can the court disregard the failure to give notice to the adverse party?

A: According to the rules, the court can exercise its discretion to disregard the failure to
submit a notice of appeal to the adverse party.

A: When is an appeal a matter of discretion?

A: Appeal is a matter of discretion when there has been a perfected appeal and the
appellate court has discretion whether to give due course to the appeal or not. It may
deny the appeal outright without any discussion on the merits.

A: What are the instances when an appeal is a matter of discretion under criminal
procedures?

Rule 122, Sec. 3. (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.

A: This is an appeal as a matter of discretion. When you appeal to the appellate court
under Rule 42 in a criminal case, the appellate court, the Court of Appeals in this case
has discretion whether or not to give due course to the petition.

A: Can you give me another example of an appeal as a matter of discretion in criminal

cases?
S: Petition for certiorari
A: That is not an appeal. That is an independent civil action under Rule 65.

A: Another example when appeal is a matter of discretion is

Rule 122, Sec. 3. (e) Except as provided in the last paragraph of section 13, Rule 124, all
other appeals to the Supreme Court shall be by petition for review on certiorari under
Rules 45. (3a)

A: An appeal to SC is a matter of discretion

A: When is an appeal perfected when it is a matter of discretion?

A: It is perfected by filing a petition for review and serving a copy of petition to the
adverse party.
A: Where do you file a petition for review when appeal is a matter of discretion?

S: To the court that rendered the judgment.

A: Just like a notice of appeal?

S: To the appellate court

A: It is in the appellate court, because as a matter of discretion, the court will now
consider whether to grant at the face of the petition itself whether to outrightly
dismiss the petition.

A: So again, in an appeal as a matter of right, you file a notice of appeal in the court of
origin. In a matter of discretion, you file a petition for review in the appellate court.

A: If you notice class, appeal as a matter of right usually is the first appeal. We have a
rule that first appeal is always a matter of right. But that is not always the absolute
truth. There are instances wherein even if it is a second appeal, it is still a matter of
right. That is your general benchmark, if it is a first appeal, always a matter of right.
Which means the appellate court has no discretion not to give due course to your
appeal. But if it as matter of discretion, it can be the second or third appeal, and the
appellate court has discretion to deny the petition outright.

A: When the penalty imposed by the RTC is death, will there be an automatic appeal?

S: Yes, the automatic appeal will be before the Court of Appeals

A: When you automatically appeal before the CA, what happens?

S: The CA will review the case. If it finds sufficient ground for the imposition of death,
it will be further reviewed by the Supreme Court.

A: Will the Court of Appeals render judgment?

S: Yes.

A: Will it enter judgment?

S: No

A: So it will render judgment but will not enter judgment? How do you call that kind of
review?

A: You call that an ‘intermediate review’. When the Court of Appeals renders judgment
affirming the conviction for death penalty but does not enter judgment, instead it will
be automatically reviewed by the Supreme Court.

A: When the Court of Appeals renders a judgment of conviction of death penalty, what
will happen next?

S: It will be reviewed again by the Supreme Court.

A: I will be giving multiple scenarios, then determine where should be the appeal.

A: For example, there is a case of Estafa for 10,000 pesos. The MTC rendered a judgment
of conviction for crime of estafa. Where do you appeal?

S: Before the RTC

A: As a matter of right or as a matter of discretion?

S: As a matter of right

A: Why as a matter of right?

S: Because the RTC cannot exercise discretion from giving due notice to the appeal

A: Where do you file the notice of appeal?

S: The MTC

A: Suppose the RTC affirmed the judgment of conviction of the MTC, where should you
go now?

S: Before the CA

A: As a matter of right or matter of discretion?

S: As a matter of discretion

A: What is your basis?

S: Because the judgment appealed is from another court.

A: So if it is an appellate court and another appellate court, it is a matter of discretion?
So as long as it is original to appellate, it is a matter of right. But if it is appellate then
appellate, matter of discretion?

A: Legal basis is from Section 3(b) of Rule 122.

A: How do you perfect an appeal from the RTC to CA?

S: Filing a petition for review to the CA and serving a copy of the petition to the adverse
party

A: Can the CA deny outright the petition?

S: Yes

A: Suppose the CA affirmed the judgment of conviction, what is the next step?

S: Appeal before the SC

A: Matter of right or matter of discretion?

S: Matter of discretion.

A: What is you legal basis?

S: Sec 3(e) of Rule 122.

A: How do you perfect an appeal to the Supreme Court?

S: Accused file a petition for review before the Supreme Court and serve a copy to the
adverse party

A: This is the case of Estafa of 10,000pesos

A: Next scenario, possession of drugs. Who has jurisdiction over the crime?

S: RTC.

A: Suppose the RTC found the accused guilty, what is the remedy of the accused?

S: To appeal before the CA

A: As a matter of right or a matter of discretion?

S: Matter of right. Since the RTC exercises its original jurisdiction it is a matter of right.

A: How do you perfect the appeal?

S: By filing of notice of appeal to the RTC and serving a copy to the adverse party
A: After you filed the notice of appeal and served a copy to the adverse party, what will
the CA do?

S: The CA will render judgment

A: There is nothing in between?

A: After the notice of appeal is filed, and the records of the case has been elevated, the
Court of Appeals will require the parties to file their respective appellants’ and
appellees’ brief.

A: What is an appellant’s brief?

A: It is a pleading filed by the appellant, or the losing party in the lower court, to
provide a summary of facts, issues, and arguments in order to sway the appellate
court to rule in his favor.

A: What is an appellee’s brief?

S: It is the pleading filed by the appellee, or the winning party in the lower court,
submits to the appellate court as reply to the appellant’s brief

A: Who files the appellee’s brief?

S: The winning party

A: Who is the winning party?

S: The prosecutor

A: And the prosecutor will file its appellee’s brief? Not the Office of the Solicitor
General?

S: It is the OSG

A: What is the effect of failure to file the appellant’s brief?

Rule 124, Section 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 file his brief
within the time prescribed by this Rule, except where the appellant is represented by a
counsel de oficio.

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

A: What is the effect of failure to file the appellee’s brief?

S: It will not affect the appeal

A: So it means that the appellee’s brief of the OSG does not matter? Appellee’s brief is
just discretionary on the part of the OSG?

A: Class, when the appellant fails to its brief, according to Rule 124, the appeal shall be
dismissed. However, there are recognized certain exceptions, such as: when there is a
valid ground for the belated filing of the appellant’s brief. However, if it is the
Solicitor General who fails to file the appellee’s brief, surprisingly there is nothing in
ROC that states the consequence. Even if the OSG does not file any appellee’s brief,
the case shall continue.

A: Now the appeal is with the CA, can the CA ask for the presentation of evidence?

Rule 124, Section 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. (12a)

A: Suppose the parties have filed their respective briefs, and the CA is now ready to
render judgment on the appeal, what are the possible judgment that the CA may
undertake?

Rule 124, 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)

A: Suppose the CA approve the judgment of conviction, can the appellant file a motion
for new trial?

S: No

A: Is there nothing under Rule 124 that allows to file a new trial?

Rule 124, Section 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.
A: You can still file a motion for new trial in the CA if there is newly discovered
evidence. The reason behind this is because the CA can entertain both questions of
fact and questions of law.

A: Suppose the CA affirm the conviction for possession of drugs, what is the next step?

S: Appeal to the SC

A: How?

S: By filing a petition for certiorari under Rule 65.

A: Again, the petition for certiorari is not an appeal, it is an independent civil action. So
how do you appeal the judgment of conviction of the CA to the SC

S: File for motion for reconsideration.

A: If it is denied, what is next?

A: You file a petition for review on certiorari, pursuant to Sec. 3(e) of Rule 122

A: Is that an appeal as a matter of right or as a matter of discretion?

S: Discretion

A: Where do you file the petition for review?

S: To the Supreme Court

A: Can you raise questions of fact before the Supreme Court?

S: No, the Supreme Court is not a trier of facts. Unless, there are certain exceptions…

A: How many exceptions are there?

A: There are 14 exceptions. Can you give me 3?

S: When there has been grave abuse of discretion; When there has been ignorance of the
facts; When there is a conflict on the findings of facts between the RTC and the CA

A: Another scenario, the crime is murder. What is the penalty for murder?

A: Murder is reclusion perpetua

A: Who has jurisdiction?

S: RTC

A: Suppose the RTC found the 5 accused guilty of murder, how will you appeal?

S: The appeal will be as a matter of right

A: How will you perfect the appeal?

S: By filing the notice of appeal with the RTC and serving a copy to the adverse party.

A: Suppose only one of the accused appealed to the CA, what is the effect?

Rule 122, 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)

A: Let us say that the RTC rendered a judgment of conviction of the 5. And the one of
the five accused appealed to the CA, what happens to the criminal case of the other 4
accused?

S: After the lapse of the reglementary period, the judgment will be final

A: What will happen to the criminal case of the one person who appealed?

S: The execution will be stayed

A: Suppose the CA found that the appeal of one of the accused is meritorious, such that
it is only homicide, what will happen to the other accused?

S: Since it will be beneficial to the other co-accused, then they will benefit from the
judgment.

A: Suppose the CA affirm the conviction and found it to be qualified murder, what
happens?

S: Only the one who appealed will be convicted of qualified murder. And the other 4
accused will be serving based on the judgment of the RTC.

A: Is that fair?

A: It is actually fair because he takes the risk of appealing. That is why if it is beneficial
to him, then all the accused will be benefitted. But if it is not, the other accused will
not be affected by the higher penalty.

A: Suppose the CA affirms the conviction, what will be the next remedy?
S: It will be petition for review on certiorari under Rule 45 to the SC

A: As a matter of right or a matter of discretion?

S: As a matter of discretion

A: What again is the penalty?

S: Reclusion perpetua

A: So even if the penalty is reclusion perpetua, the appeal to the SC is a matter of

discretion?

S: No it becomes a matter of right.

Rule 124, Sec. 13. (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

A: This is the legal basis wherein the appeal to the SC from the CA is still a matter of
right. It is an exceptional ground where even it is a second appeal, it is still a matter of
right. The Supreme Court shall still entertain and give due course to the appeal even if
it is a second appeal.

A: Why is it that this kind of appeal is allowed as a matter of right?

S: Because of the penalty. Because of the severe penalty of reclusion perpetua or life
imprisonment.

A: That is actually a reason, because of the severity of the penalty. Since the penalty is
reclusion perpetua or life imprisonment, then it should have still a second look, even
if it is a subsequent appeal. In that manner, the Supreme Court is mandated to review
the merits of the case

A: Suppose the CA rendered judgment of conviction of the appeal, can the accused,
instead of appealing via Sec 13(c) of Rule 124, appeal on Rule 45 as a matter of
discretion?

S: Yes.

A: Is that allowed? To have two modes of appeal?

A: Can you read Sec 13(c), Rule 124 again?

A: It used the word ‘may’ instead of the word ‘shall’. It means that appeal via notice of
appeal from the CA to the SC, even if the penalty is reclusion perpetua or life
 imprisonment, is on the option of the accused whether he want to avail the appeal as a
matter of right.

A: That was actually discussed in the case of Dungo vs. People, G.R. No. 209464

A: “or a lesser penalty” in Sec 13(c), Rule 124, what does that mean? Why does it
entertain a lesser penalty?

A: Anyway, even Riano did not discuss that because not many people understand it.
The meaning of that phrase, there can be instances when a court will convict an
accused originally based on penalty of reclusion perpetua or life imprisonment, but
there can be an instance that on appeal it will be lowered to a lesser penalty. For
example, let us say that the CA renders a judgment of homicide, thus reclusion
temporal – a lesser penalty. But if you appeal to the SC, it will still be a matter of right
because there is a possibility that SC can still impose the penalty of reclusion
perpetua, as it is the penalty imposed by the RTC. Strictly speaking, as long as there is
a possibility that the panelty of reclusion perpetua or life imprisonment will be
imposed, then it can still be appealed to the SC as a matter of right under Sec. 13(c) of
Rule 124.

A: Again, as a general rule, first appeal is always a matter of right; second appeal will
be a matter of discretion. Except, when the penalty is reclusion perpetua or life
imprisonment, in that case even if it is a second appeal it will still be a matter of right
because of the gravity or severity of the penalty imposed therein. That is a unique
provision only applicable to criminal procedure

A: What is the ‘Harmless Error Rule’?

S: It is wherein such error is insignificant that it will not harm judgment or should not
prejudice the judgment of the trial court

Rule 51, Section 6. Harmless error. — No error in either the admission or the exclusion of
evidence and no error or defect in any ruling or order or in anything done or omitted
by the trial court or by any of the parties is ground for granting a new trial or for
setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with substantial justice. The court
at every stage of the proceeding must disregard any error or defect which does not
affect the substantial rights of the parties. (5a)

A: That is the Harmless Error Rule in Civil Procedure. Is there a harmless error rule in
criminal procedure?

Rule 124, 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)

A: That is equivalence of harmless error rule in criminal procedure. Harmless error rule
is not exclusively for civil procedures, it is also applicable to criminal procedures

Section 16. 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.
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. (16a)

A: What is a ‘mittimus’?

A: it is an order of execution to serve the penalty of imprisonment. It is an order of

execution.

A: Can you file an appeal without a motion for reconsideration? Or you must always
file a motion for reconsideration before you appeal?

A: There is nothing in Rule 122 that requires you to file a motion for reconsideration
first before you appeal. It is only mandatory in Rule 65. But in any appeal whether its
Rule 40, 45, Rule 122-125, you may appeal even without a motion for reconsideration.

A: In the CA, how many votes is required to convict an accused?

A: How many justices is there in a division in the CA?

S: 3
A: How many is required to convict an accused? Majority? Is it only 2?

A: The answer is 3. The concurrence of 3 justices is required. This is pursuant to BP 129,

it requires that there must be a concurrence of 3 justices in the Court of Appeals before
you convict a person. But take note that in the Sandiganbayan Charter, as amended, it
is only 2 votes that is now required, but in the CA it is still 3.

A: Suppose the CA failed to secure 3 concurring votes, what happen? For example, 2-1
in favor of conviction.

A: What happens is that there will be a special division. How many members are there
in a special division?

S: 5
A: And how can the special division convict the accused?

S: A majority

A: Yes, at least 3.

A: Now let us go to the Supreme Court, how many votes is required to affirm the
conviction in the SC?

A: It depends. If it is en banc it must be majority which is 8.

A: How about in a division?

S: 3 (votes required)

A: So in the SC, it is only the majority.

A: Suppose, there is a pending case in the Supreme Court, the criminal case against
Imelda Marcos for graft and corruption cases convicting her for 47 years
imprisonment. Currently there are only 12 justices sitting in the SC. And the case of
Imelda was held for agenda, and then the justices now voted. The vote is 6 in favor of
conviction and 6 for acquittal, what will be the decision?

Rule 125, Section 3. Decision if opinion is equally divided. — 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. (3a)

A: first there will be a re-deliberation. After which, there will be a re-voting. If under the
second re-voting there will still be a tie, the accused shall be acquitted.

A: For provisional remedies. The rules on provisional remedies simply state that the
provisional remedies under civil procedures is applicable in criminal procedures with
respect to the civil aspect. There are 5 provisional remedies under the civil procedure:
attachment, injunction, replevin, receivership, and support pendente lite. Those 5 are
grounds are applicable in the civil aspect in a criminal case.

A: I ENJOYED MY SEMESTER WITH YOU. HOPEFULLY YOU WILL STUDY VERY

WELL FOR THE FINAL EXAMS. OUR COVERAGE IS OBVIOUSLY COVER TO
COVER. EXPECT THAT I WILL MIX THE DIFFERENT RULES IN ONE PROBLEM.
SO THAT IS THE ENTIRE COURSE…

SPEECH ON INTEGRITY
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