RIGHT TO APPEAL, WHEN ALLOWED
IS THE RIGHT TO APPEAL A FUNDAMENTAL RIGHT?
> No, the right to appeal is a statutory right, except in the case of the minimum appellate jurisdiction of the SC granted by the Constitution. Anyone who seeks to exercise the right to appeal must comply with the requirements of the rules. Otherwise the right to appeal is lost.
CAN THE RIGHT TO APPEAL BE WAIVED?
> Yes it can be waived expressly or impliedly
WHAT IS THE EFFECT OF THE FLIGHT OF THE ACCUSED ON HIS RIGHT TO APPEAL?
> When the accused flees after the case has been submitted to the court for decision, he will be deemed to have waived his right to appeal from the judgment rendered against him
ARTICLE 8, SECTION 5 (2)—MINIMUM APPELLATE JURISDICTION
1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
2. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
5. All cases in which only an error or question of law is involved.