Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Complete the following: SECTION 1. Who may appeal.—Any party may appeal from a judgment or final order, unless ______________________. | SECTION 1. Who may appeal.—Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. |
| [2] Complete the following: SEC. 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 taken by filing a ____________________ and by serving a copy thereof upon the adverse party. | (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. |
| [3] Complete the following: SEC. 3. How appeal taken.— (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 _______________. | (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. |
| [4] 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. What does paragraph (a) provide? | (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. |
| [5] Complete the following: SEC. 3. How appeal taken.— (e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by ___________________. | (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 Rule 45. |
| [6] Under what circumstance may the appellate court entertain an appeal notwithstanding failure to give a notice of appeal? | In its discretion, the appellate court may entertain an appeal notwithstanding failure to give such notice if the interests of justice so require. (SEC. 5) |
| [7] When must an appeal 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. (SEC. 6) |
| [8] When is the period for perfecting an appeal suspended? | 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. (SEC. 6) |
| [9] An appeal taken by one or more of several accused will not affect those who did not appeal. Exception? | Except insofar as the judgment of the appellate court is favorable and applicable to the latter. (SEC. 11, a) |
| [10] What is not affected by the appeal of the offended party from the civil aspect? | The criminal aspect of the judgment or order appealed from. (SEC. 11, b) |
| [11] Complete the following: SEC. 11. Effect of appeal by any of several accused.— (c) Upon perfection of the appeal, the ____________________ as to the appealing party. | (c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. |
| [12] Complete the following: SEC. 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 _____________________ 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 _____________________, 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. | SEC. 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. |
| [13] What is the duty of the clerk of the trial court upon the filing of a notice of appeal? | SEC. 13. Appointment of counsel de oficio for accused on appeal.—It shall be the duty of the clerk 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. |