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. Title of the case.—In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the ________ and the adverse party the __________ but the title of the case shall __________________. | SECTION 1. Title of the case.—In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of origin. |
| [2] Under what circumstance should the clerk of court of the Court of Appeals designate a counsel de oficio? | If it appears from the record of the case as transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has signed the notice of appeal himself. (SEC. 2) |
| [3] SEC. 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 _______________ in either case, dismiss the appeal if ___________________ by this Rule, except where the appellant is ____________________. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant _________________, __________ or ____________________ during the pendency of the appeal. | SEC. 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. |
| [4] Complete the following: SEC. 9. Prompt disposition of appeals.—Appeals of ___________________ shall be given precedence in their disposition over other appeals. The Court of Appeals shall hear and decide the appeal ___________________ with due regard to the __________. The accused ___________________ during the hearing of the appeal. | SEC. 9. Prompt disposition of appeals.—Appeals of accused who are under detention shall be given precedence in their disposition over other appeals. The Court of Appeals shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. The accused need not be present in court during the hearing of the appeal. |
| [5] 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 what opinion? | That error was committed which injuriously affected the substantial rights of the appellant. (SEC. 10) |
| [6] What is the scope of judgment of the Court of Appeals? | The Court of Appeals may (1) reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, (2) remand the case to the Regional Trial Court for new trial or retrial, or (3) dismiss the case. (SEC. 11) |
| [7] The Court of Appeals has the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in what cases? | 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. (SEC. 12) |
| [8] Complete the following: Whenever the Court of Appeals finds that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstances warrant. However, it shall refrain from ____________________. | Whenever the Court of Appeals finds that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstances warrant. However, it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review. |
| [9] Complete the following: SEC. 14. Motion for new trial.—At any time after ___________________ and before ___________________, 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. | SEC. 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. |
| [10] When a new trial is granted, where should it be conducted? | The Court of Appeals may (1) conduct the hearing and receive evidence as provided in section 12 of this Rule or (2) refer the trial to the court of origin. (SEC. 15) |
| [11] Complete the following: SEC. 16. Reconsideration.—A motion for reconsideration shall be filed within ____________________ of the Court of Appeals, with copies thereof served upon the adverse party, setting forth the grounds in support thereof. The __________ shall be stayed during the ____________________. No party shall be allowed a __________ of a judgment or final order. | SEC. 16. Reconsideration.—A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final order of the Court of Appeals, with copies thereof 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. |