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.
 

IS APPEAL PART OF DUE PROCESS?

     Appeal is a purely statutory and isn’t part of due process  except when provided by law

     If  the  right  to  appeal  is  granted  by  law,  it  becomes  part  of  due process,  and  it  must  be  exercised  in  accordance  with  the procedure laid down by law.  It is compellable by mandamus.
 
Sec. 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.
   

WHERE DOES ONE FILE AN APPEAL?

     If the case was decided by the MTCs, the appeal should be made with the RTC
     If the case was decided by the RTCs, the appeal should be made with the CA or SC in proper cases provided by law
     If the case was decided by the CA, the appeal should be filed with the SC
 

CAN THE PROSECUTION APPEAL A JUDGMENT OF ACQUITTAL?

     No
     Judgment of acquittal becomes final immediately after promulgation
     It cannot even be subject of certiorari
     Reason for the rule?  An appeal would place the accused in double jeopardy. However,  the  offended  party  may  appeal  the  civil aspect of the case.  
     This  prohibition  is  also  applicable  with  regard  a  judgment  of conviction.  Again, the accused will be placed in double jeopardy.  

     REMEMBER THAT THE ONLY THING THAT COULD BE APPEALED IS THE CIVIL ASPECT.