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?
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.