CRIMBY

Question 1

Judgment, defined

Answer 1

Section 1. Judgment definition and form. — Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. (1a)

Judgment is an adjudication by the court that the accused is GUILTY or NOT GUILTY of the offense charged and the imposition on him of the proper penalty and civil liability (Section 1, Rule 120)

Adjudication is a legal term that refers to the formal process by which a judge or an official body makes a decision or judgment about a dispute or a legal matter. It often involves examining evidence, hearing arguments from both sides, and then issuing a ruling or verdict.

Offense charged - An offense charged refers to the specific crime or violation that a person is formally accused of committing. This charge is typically outlined in a legal document, such as a complaint or an information, which is filed by the prosecutor or the offended party.

For example, in a recent case in Sydney, a woman was charged with common assault and making threatening comments to another woman at a railway station. She was issued a court attendance notice to appear in court

The “imposition of a penalty” in a legal context refers to the act of a court or other legal authority officially assigning a punishment to an individual or entity that has been found guilty of a crime or violation. This process typically follows a legal proceeding or trial and is based on the severity of the offense and applicable laws or regulations.

Question 2

General Rules on Judgments

A judgment must:

Answer 2

• Be in writing,
• Be in the official language
• Be personally and directly prepared by the judge and signed by him
• Contain clearly and distinctly, a (1) statement of the facts and (2) the law upon which It is based (Section 1, Rule 120)

Question 3

If the judgment is of CONVICTION, it shall state:

Form and Content of Judgment.

Answer 3

1. Legal qualification of the offense constituted by the acts of the accused and the aggravating/mitigating circumstances attending the commission
2. Participation of the accused in the offense (whether as principal accomplice, accessory after the fact)
3. Penalty imposed
4. Civil liability or damages caused b his wrongful act or omission (unless separate civil action has been reserved or waiver

The legal qualification of an offense refers to the classification of a crime based on the nature of the act committed and the circumstances surrounding it. This classification helps determine the appropriate charges and penalties1.

For example, in the context of Philippine law, felonies can be committed through deceit (dolo) or fault (culpa). Deceit involves deliberate intent, while fault involves negligence or imprudence2. The legal qualification also considers aggravating or mitigating circumstances that may affect the severity of the offense.

Question 4

If the judgment is of ACQUITTAL, it shall state:

Form and Content of Judgment.

Answer 4

Whether the evidence for the prosecution ABSOLUTELY FAILED to prove the guilt of the accused or merely FAILED TO PROVE his guilt BEYOND REASONABLE DOUBT

Question 5

Jurisprudence
People v Meneses

Answer 5

ISSUE: Whether or not the TC despite acquitting the AC may nevertheless criticize or reprehend the latter for his acts and conduct in connection with the transaction from which the accusation arose.

HELD: One first asks whether or not the remarks are relevant to the issues in which the court is called upon to decide. If they are not, they should be expunged from the records like any other extraneous matters. If relevant or material, although unnecessary or even dissonant to the conduct of acquittal, they should not and cannot be stricken because the court has the right and the privilege to make them. The court is not merely a jury enjoined to say guilty or not guilty. It has to reason out its decision and express its opinion. In doing so, it is bounded only by common sense of propriety and decorum,

Here, the judge may find that the acts of AC, although unethical, immoral or otherwise reprehensible, do not constitute a crime within the purview of our penal law, and may be constrained to acquit him but is not prohibited from voicing its disapproval of AC’s actions (People vs. Meneses, 74 Phil 119).

Question 6

Jurisprudence
Reyes vs. People, 71 Phil 598

Answer 6

ISSUE: whether or not the CA committed error when it failed to make any specific finding of facts with respect of the evidence for the defense.

HELD: There is no law that a finding upon all the evidence adduced by both parties be made. The requirement only is that in criminal cases, the decisions of the trial courts should contain statements of facts upon which such decisions are based. And this is made clear in the rules which only require said decisions to “contain clearly and distinctly a statement of the facts proved or admitted by the defendant and upon which the judgement is based.” (Reves vs. People, 71 Phil 598)

Question 7

When two or more offenses are charged in a single complaint or information but the accused FAILS TO OBJECT to it before trial, the court may?

Answer 7

The court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense (Section 3, Rule 120).

Question 8

Variance between Allegation and Proof (Section 4, Rule 120); When an offense incudes or is included in another (Section 5, Rule 120)

Answer 8

GENERAL RULE: An Accused can only be convicted of the crime charged in the Complaint/Information and proved during trial.
Exception: When there is a variance between what was charged and what was proven

**Rule: **

When there is variance between the offense charged in the complaint/information and that is proved, and the offense as charged is included or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or in the offense charged which is included in the offense proved (Section 4, Rule 120)

B. When does an offense include or is included in another?
1) An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the Complaint/Information, constitute the latter.
2) An offense charged is necessarily included in the offense proved when the essential ingredients of the former constitute or form part of those

Question 9

Section 4, Rule 120 explained.

Answer 9

Section 4. Judgment in case of variance between allegation and proof. — When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. (4a)

1. When the offense proved is LESS SERIOUS than, and is necessarily included in the offense charged (example – charge is murder but what was proved was homicide) – the accused shall be convicted of the offense proved (homicide) (US vs. Macalintal, 2 Phil 448).
2. If the offense proved is MORE SERIOUS than, and includes the offense charged (example – charge is homicide but what was proved was murder), the accused shall be convicted only of the crime charged (homicide) (US vs. Guzman, 8 Phil 21).

The rule does not require that all essential elements of the crime charged in an Information be proved so that so that the accuse be convicted of the crime included in the one charged, it is sufficient that some of the essential elements or ingredients of the crime charged be established and these constitute the crime proved.

Caution – it is not enough that the second charge includes or is included in the former charge. It is essential that the second offense includes or is included in the former according to the facts specifically alleged in the complaint.

Question 10

Section 4, Rule 120 explained.
Section 4. Judgment in case of variance between allegation and proof. — When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. (4a)

Answer 10

1. When the offense proved is LESS SERIOUS than, and is necessarily included in the offense charged (example – charge is murder but what was proved was homicide) – the accused shall be convicted of the offense proved (homicide) (US vs. Macalintal, 2 Phil 448).
2. If the offense proved is MORE SERIOUS than, and includes the offense charged (example – charge is homicide but what was proved was murder), the accused shall be convicted only of the crime charged (homicide) (US vs. Guzman, 8 Phil 21).

The rule does not require that all essential elements of the crime charged in an Information be proved so that so that the accuse be convicted of the crime included in the one charged, it is sufficient that some of the essential elements or ingredients of the crime charged be established and these constitute the crime proved.

Caution – it is not enough that the second charge includes or is included in the former charge. It is essential that the second offense includes or is included in the former according to the facts specifically alleged in the complaint.

Question 11

Examples of offenses included/or is deemed to include another offense:

Answer 11

1) Anti-Graft Charge includes Falsification of Official and Commercial Documents
2) Homicide includes Reckless Imprudence Resulting to Homicide
3) Wilful Malversation includes Malversation committed through negligence
4) Reckless imprudence resulting to damage to property does not include or is not included in the crime of reckless imprudence resulting to physical injuries
5) Kidnapping for ransom includes crime of kidnapping only

Variance in the mode of commission:

Minor variances such as the calibre of the firearm, the description of the firearm, or the kind of weapon, used in the killing, are IMMATERIAL. Variances in the place of the commission of the crime are IMMATERIAL provided that the place of the actual commission is within the jurisdiction of this court. Variances in the date of the commission IRRELEVANT. Accused cannot be convicted of a complex crime constitutive of various crimes alleged n two separate Informations; HOWEVER, an accused charged with a complex crime can be convicted for only one of the component offenses.

Question 12

Jurisprudence: Dr. Frisco Malabanan vs. Sandiganbayan, G.R. No. 186329, August 2, 2017

Answer 12

“One of the fundamental rights of an accused person is the right to be “informed of the nature and cause of the accusation against him.”This means that the accused may not be convicted of an offense unless it is clearly charged in the Information.Even if the prosecution successfully proves the elements of a crime, the accused may not be convicted thereof, unless that crime is alleged or necessarily included in the Information filed against the latter.

“Pursuant to this constitutional right,Section4,Rule120of the Rules of Criminal Procedure, commands that an accused can only be convicted of an offense when it is both charged and proved. If it is not charged, although proved, or if it is proved, although not charged, the accused cannot be convicted thereof.In other words, variance between the allegation contained in the Information and the conviction resulting from trial cannot justify a conviction for either the offense charged or the offense proved unless either is included in the other.

As to when an offense includes or is included in another, the same is further in expounded in Section 5 of Rule 120.

Here in this case, it cannot be overlooked that there is a variance between the felony as charged in the Information and as found in the judgment of conviction. Applying the rules, the conviction for falsification of a private document under paragraph 2, Article 172 is valid only if the elements of that felony constituted the elements of his indictment for falsification by a public officer under Article 171.”

Question 13

Distinctions

Variance between Allegation and Proof V Mistake in Charging the Proper Offense

Answer 13

• Governed by Sec. 4, Rule 120 v Governed by Sec. 19, Rule 119
• What: Variance between offense charged in the complaint/information and that proved. v What: There was a mistake made in charging the proper offense and the accused cannot be convicted of the offense charged or the offense necessarily included therein
• What Happens: The accused will be convicted of the offense proved included in the offense charged or of the offense charged which is included in the offense proved. v What happens: the accused shall not be discharged if there is a good cause to detain him. The court will commit the accused to answer for the proper offense and dismiss the original case upon the filing of a proper information

Question 14

When made

PROMULGATION OF JUDGMENT

Answer 14

– within 90 days from submission of case for decision (Sec. 15, Article VIII, Constitution)

Question 15

How made

PROMULGATION OF JUDGMENT

Answer 15

Promulgation is made by reading the entire judgment in the presence of the accused but if conviction is for a light offense, the judgment may be pronounced in the presence of counsel or representative only. It includes the clerk entering it into the court’s criminal docket.

Question 16

By Whom made –

PROMULGATION OF JUDGMENT

Answer 16

By any judge of the court in which it was rendered or if judge is absent, by the clerk of court. If the accused is detained in another province/city, by the Executive Judge of the RTC with jurisdiction over the place of confinement or detention, upon the request of the court which rendered the judgment. Said court is authorized to receive the notice of appeal, approve the bail bond pending appeal.

Judgment may be promulgated by a judge who did not hear the case, or who is different from the judge who heard the testimonies of the witnesses. The fact that the trial. The fact that the trial judge who rendered the judgment was not the one who observed the demeanor of witnesses during trial, and relied only on the records of the case, did not render the judgment erroneous especially where the evidence on record is sufficient o support its conclusion.

Question 17

Judgment rule 2

Answer 17

Notice of promulgation to the accused MANDATORY - notice may be given to the accused personally, or through his bondsman, warden and counsel requiring him to be present. HOWEVER, if the accused was tried in absentia because he jumped bail or escaped from prison, notice shall be served at his last known address.

Effect of absence without justifiable cause during promulgation – if judgment is for conviction, the absent accused loses available remedies against the judgment (right to appeal, file an MR or MNT, probation) and the court orders his arrest. Within 15 days from promulgation, he may file a motion for leave of court, and state reasons for his absence.

If judgment is not completely promulgated, no jeopardy has set in.
Promulgation in absentia – this may be allowed under the rules and to be valid, it is necessary that a copy of the judgment – (1) be recorded in the criminal docket and (2) be served on the accused at his last known address or his counsel
The accused is considered notified of the decision upon its recording in the criminal docket of the court.

Question 18

REMEDIES AFTER JUDGMENT

Answer 18

1. Modification of Judgment (Section 7, Rule 120) -Section 7. Modification of judgment. — A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation. (7a)
2. Re-Opening of the Proceedings (Section 24, Rile 119)
3. Motion for New Trial (Section 1, Rule 121)- A motion for new trial however, asks for, and necessitate (if granted) the conduct of new proceedings and is based on:

• Errors of Law or Irregularities prejudicial to the substantial rights of the accused committed during trial
• New and Material Evidence has been discovered which the accused could not, with reasonable diligence have discovered and produced at trial and which if introduced and admitted would probably change the judgment (Section 2, Rule 121)

4. Motion for Reconsideration (Section 1, Rule 121) - A motion for reconsideration is based only on errors or facts and law. It does not ask for, or necessitate (if granted) new proceedings (Section 3, Rule 121)
5. Appeal from Judgment (Rule 122)

Question 19

WHEN IS A MOTION FOR NEW TRIAL OR RECONSIDERATION FILED?

Answer 19

– At anytime before the judgment of conviction becomes final (Section 1, Rule 121)

Question 20

When does a judgment of conviction become final?

Answer 20

It becomes final in any of the following circumstances:

1) Upon the lapse of the 15-day period to appeal
2) Upon perfecting a notice to appeal
3) Upon filing an application for probation
4) Upon the service of the sentence

Question 21

Examples of instances when new trial was allowed/disallowed:

Answer 21

• Mistake/error of counsel not a ground for new trial because the client is generally bound by the lawyer’s negligence; however, if the incompetence, ignorance or inexperience is so great and the error committed is so serious that the client who otherwise, has a good case, is prejudiced and denied his day in court, a new trial may be made.
• if lawyer is fake, new trial was granted.
• Where judge did not exert effort to make available compulsory processes and see to it that the accused was given his day in court, and was also denied his right to counsel, new trial was conducted
• Loss of stenographic notes not a ground for new trial

Question 22

On Newly Discovered Evidence

Answer 22

*Requisites of newly discovered evidence –
1) discovered after trial

2) it could not have been discovered earlier even with the party’s exercise of due diligence,

Question 23

Other grounds for new trial

Answer 23

Recantation of witnesses – as a general rule, not a ground for new trial, EXCEPT, when the judgment of conviction is solely based on the testimony sought to be recanted.

*Affidavit of Desistance – not a ground for new trial/dismissal

Question 25

Once a judgment has become final, it can no longer be modified: Icao vs. Apalisok, 180 SCRA 680

Answer 25

FACTS: The accused, a jail guard of Dipolog City was charged and convicted with infidelity in the custody of prisoners when he caused some prisoners to escape. On the same day of promulgation of judgment, he applied for probation. A month later, the judge’s attention was drawn to a letter from the probation officer replying to the inquiry of the office of the governor stating that pending final action on his application for probation, the accused could continue performing his duties as a provincial guard. Judge then issued an order amending his judgment by specifying the period of temporary special disqualification of AC and requiring the accused to be present for the promulgation of the amended decision.
HELD: The Judge had no authority to modify the decision of conviction as the same had already become final even before the 15-day period to file an appeal had lapsed without an appeal being taken. AC’s application for probation is considered a waiver of his right to appeal.
**Judgment which has already become final and executory can no longer be amended or corrected except as regards clerical errors. Hence even subsequent discovery of erroneous imposition of penalty will not justify correction of the judgement.

Question 26

Suspension of sentence

Answer 26

– provided under the Child and Youth Welfare Code. When a youthful offender, after hearing, is found to have committed the crime charged, the court shall determine the imposable penalty/civil liability against him. However, instead of pronouncing a judgment of conviction, the court, if it finds that the best interest of the public and the offender will be served thereby, may SUSPEND further proceedings and commit the minor to the custody of the DSWD until he shall reach the age of 21 (or for a shortened period as may be determined by the court) as it may deed proper, and upon the report and recommendation of the DSWD.

Question 27

the probationer is subject to an individualized, community-based treatment. It is available to offenders penalized to

Answer 27

6 years or less of imprisonment and those who have never been convicted before. It can no longer be availed of after an appeal has been perfected. Probation being a privilege, the same can be revoked or withdrawn by the State. Primary objective is to reform/rehabilitate the criminal.

Question 28

Probation (P.D. 968)

Answer 28

probation as an alternative to imprisonment. Probation is when a person, after conviction and sentencing, his released subject to conditions imposed by the court and the probation officer. Instead of imprisonment, the probationer is subject to an individualized, community-based treatment. It is available to offenders penalized to 6 years or less of imprisonment and those who have never been convicted before. It can no longer be availed of after an appeal has been perfected. Probation being a privilege, the same can be revoked or withdrawn by the State. Primary objective is to reform/rehabilitate the criminal.

Question 29

Probation Procedure (P.D. 986)

Answer 29

1. Application for probation – made within the period to file an appeal
2. The Court refers the application to the probation officer for investigation
3. Probation Officer makes a Probation Report, containing recommendation on whether to grant or deny probation. If the recommendation is to grant recommendation, the report also contains recommended conditions of probation
4. The Judge approves/denies the probation application. Judge may impose adopt the conditions recommended by the probation officer or add recommendations of his/her own. The order granting probation also specifies the period of probation
   an order denying/granting probation shall NOT be appealable.
   Criteria used to determine application – 1) w/n correctional treatment from an institution is necessary; 2) w/n accused is an undue risk to commit another crime; 3) w/n probation will depreciate the seriousness of the offense committed.
5. Upon approval of application, an accused starts serving probation. If he/she is a detention prisoner, he/she is released from detention to serve probation.
6. After the end of the probation period, the probation officer makes a post-sentence investigation report, detailing therein whether the accused had complied with the terms of his/her probation. If the judge agrees with the finding, he/she orders end of probation. If the judge finds the accused failed to comply with conditions of his/her probation, he/she orders the accused’s arrest and the latter will serve the remainder of his/her sentence.

Question 30

Motion for Reconsideration (Rule 121)

Answer 30

Distinction:
*A motion for reconsideration is based only on errors or facts and law. It does not ask for, or necessitate (if granted) new proceedings (Section 3, Rule 121)

Question 31

Motion for New Trial

Answer 31

A motion for new trial however, asks for, and necessitate (if granted) the conduct of new proceedings and is based on:
1. Errors of Law or Irregularities prejudicial to the substantial rights of the accused committed during trial
2. New and Material Evidence has been discovered which the accused could not, with reasonable diligence have discovered and produced at trial and which if introduced and admitted would probably change the judgment (Section 2, Rule 121)

Question 32

WHEN IS A MOTION FOR NEW TRIAL OR RECONSIDERATION FILED?

Answer 32

WHEN IS A MOTION FOR NEW TRIAL OR RECONSIDERATION FILED? – At anytime before the judgment of conviction becomes final (Section 1, Rule 121)
When does a judgment of conviction become final? – It becomes final in any of the following circumstances:
1) Upon the lapse of the 15-day period to appeal
2) Upon perfecting a notice to appeal
3) Upon filing an application for probation
4) Upon the service of the sentence

Question 33

Examples of instances when new trial was allowed/disallowed:

Answer 33

• Mistake/error of counsel not a ground for new trial because the client is generally bound by the lawyer’s negligence; however, if the incompetence, ignorance or inexperience is so great and the error committed is so serious that the client who otherwise, has a good case, is prejudiced and denied his day in court, a new trial may be made.
• if lawyer is fake, new trial was granted.
• Where judge did not exert effort to make available compulsory processes and see to it that the accused was given his day in court, and was also denied his right to counsel, new trial was conducted
• Loss of stenographic notes not a ground for new trial

Question 34

On Newly Discovered Evidence

Answer 34

*Requisites of newly discovered evidence –
1) discovered after trial

2) it could not have been discovered earlier even with the party’s exercise of due diligence,

3) it is material evidence that would probable change the judgment.

Question 35

Other grounds for new trial

Answer 35

Recantation of witnesses – as a general rule, not a ground for new trial, EXCEPT, when the judgment of conviction is solely based on the testimony sought to be recanted.

*Affidavit of Desistance – not a ground for new trial/dismissal

Question 36

PROCEDURE (Motion for new trial)

Answer 36

1. Motion for New Trial or Reconsideration must be in writing and shall state the grounds on which it is based.
2. If the motion is based on newly discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or duly authenticated copies of documents which are proposed to be introduced in evidence
3. Like all motions, the motion shall be accompanied by a notice of hearing
4. Notice of the motion shall be furnished the prosecutor
5. The motion shall be set for hearing, with an opportunity for the prosecutor to comment therein
6. During a hearing for a motion for new trial, if a question of fact arises, the court may hear evidence thereon by affidavits or otherwise (Sections 4 and 5, Rule 121)

Question 37

Effects of Granting New Trial or Reconsideration

Answer 37

1) If NT is granted on the ground of errors of law, irregularities committed during trial, all proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice allow the introduction of additional evidence
2) If NT is on the ground of newly discovered evidence, the evidence already adduced shall stand and newly discovered evidence and such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record.
3) In all cases when the court grants NT or reconsideration, the original judgment shall be set aside and vacated and a new judgment is rendered accordingly (Section 6, Rule 121)
Granting an MT is not meant to acquit the accused of the crime of which the judgment finds him guilty but precisely to set aside the judgment so that the case may be tried anew (de novo), as if no trial had been before, for the purpose of taking into consideration the evidence to be presented during the trial. During the new trial, the parties are placed in same position as they were prior to the first trial.
A new trial does not put the accused in double jeopardy. By filing the motion, the accused is deemed to have any objection on said ground.

Question 38

What is an appeal?

Answer 38

What is an appeal? – An appeal is the assailment of a judgment or a final order (Section 1, Rule 122) It is a purely statutory right and therefore, may be exercised only in the manner and within the period laid down by law. Ordinary appeal is a matter of right if allowed by law.

Question 39

What are appealable?

Answer 39

– only judgments or final orders are appealable (example - a decision of the court rendered after trial on the merits). An interlocutory order is not appealable (example – an order denying a motion to dismiss).

Any assailment of a judgment by the prosecution that may put the accused in double jeopardy, is not also appealable (example – judgment acquitting the accused, appeal of a resolution granting the demurrer filed by the defense, appeal from an order dismissing the case on ground of the violation by the prosecution of the right of the accused to speedy trial).
*A judgment of acquittal immediately becomes final after promulgation

Question 40

Who may appeal?

Answer 40

*The right to appeal is vested on the convicted accused. An offended party may also appeal the civil aspect of the case. In case of the State, it is represented by the Office of the Solicitor General in appeal proceedings.

“The accused who jump bail loses the right to appeal his conviction. Rationale for rule is that they lose their standing in court when they abscond. Unless they surrender to submit to the court’s jurisdiction, they are deemed to have waived their right to seek relief. The Court of Appeals may dismiss appeal motu propio. In this case, employers of the accused (the bus company) cannot appeal the final criminal conviction of their employees without the latter’s consent.” (Philippine Rabbit Bus Lines, Inc. V. People, 427 SCRA 456 (2004))

“Rule 122, of the Revised Rules on Criminal Procedure provides that “(a)ny party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.” The word “party” in the provision in question includes not only the government and the accused but other persons as well, such as the complainant who may be affected by the judgment rendered in the criminal proceedings. The complainant has an interest in the civil liability arising from the crime, unless of course he has reserved to bring a separate civil action to recover the civil liability.Hence, in the prosecution of the offense, the complainant’s role is that of a witness for the prosecution. Ordinarily, the appeal of criminal cases involves as parties only the accused, as appellants, and the State, represented by the Office of the Solicitor General, as the appellee. The participation of the private offended party would be a mere surplusage, if the State were simply to seek the affirmation of a judgment of conviction. However, where the Office of the Solicitor General takes a contrary position and recommends, as in this case, the acquittal of the accused, the complainant’s right to be heard on the question of award of indemnity and damages arises. In the interest of justice and equity and to provide perspective for this appeal, therefore, the Court hereby allows in this case the memorandum filed by complainant which is hereby admitted as part of the records of this appeal (People v. Madali, 349 SCRA 104 (2001))

Question 41

Appeal, when, where and how, made

Answer 41

When may an appeal be made – it must be made within 15 days from promulgation of judgment or notice of the final order appealed from. After said period, the judgment becomes final and no appeal therefrom can be made.
- If the judge commits an error in a judgment of acquittal with grave abuse of discretion, the remedy is not an appeal but petition for review on certiorari

Where and how, may an appeal be made (Section 2, Rule 122). –
a. In cases decided by MeTC, MTC, MTCC and MCTC – appeal to the RTC through a NOTICE APPEAL with the court that rendered the judgment and serving a copy thereof to the adverse party.
b. In cases decided by the RTC – Appeal to the CA
1. if decided by the RTC in its APPELLATE JURISDICTION - Through a PETITION FOR REVIEW (Rule 42).
2. if decided by the RTC in its original jurisdiction and the penalty imposed is reclusion perpetua or life imprisonment – by NOTICE OF APPEAL to the CA. If penalty imposed is death, no need to file notice of appeal because review by the CA is automatic. (NOTE: Death penalty no longer imposed under R.A. 9346)

c. In cases decided by the CA – appeal to the SC via a PETITION FOR REVIEW ON CERTIORARI (Rule 45). Only questions of law are covered thereby

Question 42

Prohibition on imposing the death penalty (R.A. 9346) effects

Answer 42

It should be noted that while the new law prohibitsthe impositionof the death penalty, the penalty provided for by law for a heinous offense is still death and the offense is still heinous. Consequently, the civil indemnity for the victim is still P75,000. On the other hand, theautomaticappealin cases when the trial courtimposesthe death penalty will henceforth not apply, since its imposition is now prohibited, so that there is a need to perfect an appeal, if appeal is desired, from a judgment of conviction for an offense where the penalty imposed isreclusion perpetuain lieu of the death penalty pursuant to the new law prohibiting its imposition (People v. Salome, 500 SCRA 659, Aug. 31, 2006)

Question 43

PROCEDURE (Appeal)

Answer 43

1. Party files a notice of appeal
2. The trial court orders the stenographer to transcribe the notes of the proceedings. The stenographer certifies to the correctness of the notes and the transcript
3. The clerk of court transmits to the clerk of court of the appellate court the complete record of the case, together with the notice, together with the transcript of stenographic notes, and records. The other copy of the transcript shall remain with the lower court.
   Appeal from first level courts to RTC (Rule 123)
4. Upon receipt of the complete record of the case, transcripts and exhibits, the clerk of court of the RTC notifies the parties of this fact.
5. Within 15 days from notice, the parties submit their memoranda or briefs. Upon the expiration of the time to file the case, the RTC shall decide the case based on the record of the case and of such memoranda r briefs as may have been filed
6. Where death penalty is imposed by the RTC, the records shall be forwarded to the CA for automatic review and judgment within 15 to 20 days from promulgation of judgment or ntice of denial or motion or new trial or reconsideration. .

Question 44

PROCEDURE

Appeal from RTC to CA Rule 124)

Answer 44

Appeal from RTC to CA Rule 124)
1. The party appealing the case is now called the appellant and the adverse party is called the appellee but the title of the case remains the same;
2. If accused is a detention prisoner, without counsel on appeal and has signed the notice of appeal himself, the CA shall designate a counsel de oficio for him.
An appellant who is not confined in prison may, upon request, be also assigned a counsel de oficio within ten days from receipt of the notice to file brief and he established his right thereto
3. Where death penalty is imposed by the RTC, the records shall be forwarded to the CA for automatic review and judgment within 15 to 20 days from promulgation of judgment or notice of denial or motion or new trial or reconsideration.
4. The records and the evidence are transmitted to the CA and within 30 days from receipt thereof, the clerk of court of the CA shall notify the appellant and his counsel thereof. The latter are expected to file copies of their appellant’s brief within 30 days from such notice.
*Failure by the appellant to file his brief within the period is a ground for the appellate court to motu propio dismiss the appeal for failure to prosecute.
*Dismissal of the appeal may also be made by the appellate court if the accused escapes from detention, jumps bail or flees to a foreign country during the pendency of the appeal
5. The same period of 30 days from receipt of the appellant’s brief is given to the appellee to file his/her appellee’s brief, furnishing copies to the appellant and his counsel
6. Within 20 days from receiving the appellee’s brief, the appellant may opt to file a Reply Brief.
7. Appellate court decides the appeal at the earliest practicable time, giving precedence to appellants who are under detention

Question 45

Jurisprudence

Answer 45

*Where the death penalty, reclusion perpetua or life imprisonment (or lower but involving offenses committed on the same occasion or arising 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) must first be taken cognizance by the CA, instead of immediately to the SC on direct appellate review. Grounds: (1) SC’s rule-making power under the 1987 Constitution; (2) in review, appreciation must be made on factual matters, which is best within the purview of the CA; (3) to ensure utmost circumspection before the penalty of death, life imprisonment or reclusion perpetua is imposed, it is wise that said cases be reviewed by the CA before elevated to the SC to minimize error in judgment. In the SC, penalty of death imposed by RTC has been sustained only at the rate of 25%. In more than half, the judgment has been modified (People v. Mateo, 433 SCRA 640 (2004)

Generally, an appeal from RTC to CA is by Notice of Appeal. However, where the death penalty is imposed, the CA automatically reviews the case without need for notice of appeal. If CA renders judgment of death, it elevates the entire record to SC. If it imposes reclusion perpetua, life imprisonment or a lesser penalty, it may render such judgment which may or may not be appealed to the SC by notice of appeal filed with the CA (People v. Abon, 545 SCRA 606 (2007))

Question 46

Jurisprudence (People vs. Mateo, explained)

Answer 46

The confusion in the case at bar seems to stem from the effects of the Decision of this Court in People v. Mateo.In Mateo, as quoted by plaintiff-appellee, it was stated that “[w]hile the Fundamental Law requires a mandatory review by the Supreme Court of cases where the penalty imposed is reclusion perpetua, life imprisonment, or death, nowhere, however, has it proscribed an intermediate review. A closer study of Mateo, however, reveals that the inclusion in the foregoing statement ofcases where the penalty imposed is reclusion perpetua and life imprisonmentwas only for the purpose of including these cases within the ambit of the intermediate review of the Court of Appeals: “[this] Court now deems it wise and compelling to provide in these cases [cases where the penalty imposed is reclusion perpetua, life imprisonment or death] review by the Court of Appeals before the case is elevated to the Supreme Court.”
We had not intended to pronounce in Mateo thatcases where the penalty imposed is reclusion perpetua or life imprisonmentare subject to the mandatory review of this Court. In Mateo, these cases were grouped together with death penalty cases because, prior to Mateo, it was this Court which had jurisdiction to directly review reclusion perpetua, life imprisonment and death penalty cases alike. The mode of review, however, was different. Reclusion perpetua and life imprisonment cases were brought before this Court via a notice of appeal, while death penalty cases were reviewed by this Court on automatic review (People v. Rocha, 531 SCRA 761 (2007))

Question 47

Appeal and the hierarchy of courts

Answer 47

In this case, the petitioners have bypassed review by the CA when they directly went to the SC to appeal the assailed RTC Orders via petition for review on certiorari. The hierarchy of courts is essential to the efficient functioning of the courts and the orderly administration of justice. The non-observance of the hierarchy of courts has enlarged the SC’s docket by one more case. Hierarchy is not to be lightly regarded. CA is of big help to SC in synthesizing facts, issues, and rulings in an orderly and intelligible manner thereby freeing the SC to better discharge its constitutional duties and perform its most important work which is deciding cases that has a bearing on the direction of national policies, momentous economic and social problems ,t eh delimitation of governmental authority and its impact on fundamental rights. (Alonso, et. al. vs. Cebu Country Club, Inc., et al., G.R. No. 188471, April 20, 2010).

Question 48

Effects of an Appeal

Answer 48

*An appeal throws open the case for review and the appellate court can correct errors or even reverse the trial court’s decision on grounds other than those that are assigned as errors by the appellant. By appealing his case, the appellant should know this and be considered to have waived any objection to the judgment of the appellate court to convict him for a higher offense (provided the Information was sufficient).
*Other than granting the appeal, and overturning the decision of the trial court, the appellate court may also affirm, or modify the judgment by increasing or reducing the penalty, or remand the case to the lower court for new trial or re-trial, or it may dismiss the case altogether (Section 11, Rule 124).
*Factual findings of the trial court are generally accorded due weight, except when there is a showing that some facts have been overlooked, misapprehended or misapplied. The Supreme Court, as a general rule, is not a trier of facts.
*Upon perfection of an appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. This benefit does not extend to the other accused who did not appeal.
*An appeal is granted and the judgment appealed from is reversed only when there is substantial error which injuriously affected the substantial rights of the appellant. (Section 10, Rule 124)

Question 49

Appeal or Certiorari? (1)

Answer 49

The procedural issue: Which is the proper remedy the petitioner should have availed of before the Court of Appeals: an ordinary appeal or a petition forcertiorari?
The correct procedural recourse for petitioner in this case was appeal, not only because the RTC did not commit any grave abuse of discretion in dismissing his Petition for Certiorari but also because the RTC’s Order of dismissal was a final order from which petitioners should have appealed in accordance with Section 2, Rule 41 of the Revised Rules of Court.
When is an order/judgment deemed final?
An order or a judgment is deemed final when it finally disposes of a pending action, so that nothing more can be done with it in the trial court. In other words, the order or judgment ends the litigation in the lower court.Au contraire,an interlocutory order does not dispose of the case completely, but leaves something to be done as regards the merits of the latter. The RTC’s Order dismissing petitioner’s Petition for Certiorari finally disposed of the said case and RTC can do nothing more with the case.
Under Rule 41 of the Rules of Court, an appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by the Revised Rules of Court to be appealable.
Certiorari generally lies only when there is no appeal nor any other plain, speedy or adequate remedy available to petitioners. Here, appeal was available. It was adequate to deal with any question whether of fact or of law, whether of error of jurisdiction or grave abuse of discretion or error of judgment which the trial court might have committed. But petitioners instead filed a special civil action for certiorari (Magestrado vs. People, 527 SCRA 125 (2007)

Question 50

Appeal or Certiorari? (2)

Answer 50

A special civil action forcertiorariunder Rule 65 of the Revised Rules of Court lies only when “there is no appeal nor plain, speedy and adequate remedy in the ordinary course of law.“ Certioraricannot be allowed when a party to a case fails to appeal a judgment despite the availability of that remedy, certiorarinot being a substitute for lost appeal.
This rule is founded upon the principle that the right to appeal is not part of due process of law but is a mere statutory privilege to be exercised only in the manner and in accordance with the provisions of the law. While every litigant must be given the amplest opportunity for the proper and just determination of his cause, free from constraints of technicalities, the failure to perfect an appeal within the reglementary period is not a mere technicality. It raises a jurisdictional problem as it deprives the appellate court of jurisdiction over the appeal.
The remedies of appeal andcertiorariare mutually exclusive and not alternative or successive.A party cannot substitute the special civil action of certiorari under Rule 65 of the Rules of Court for the remedy of appeal. The existence and availability of the right of appeal are antithetical to the availability of the special civil action for certiorari.
Generally, an order of dismissal, whether right or wrong, is a final order, and hence a proper subject of appeal, not certiorari (Magestrado vs. People, 527 SCRA 125 (2007))

Question 51

Technical rules on appeal to be construed with liberality in the higher interest of justice

Answer 51

It is NOT only when the decision of the RTC was rendered in the exercise of appellate jurisdiction would a Petition for Review under Rule 42 be proper.
Rules of procedure are intended to promote rather than frustrate the ends of justice, and while the swift unclogging of the dockets of the courts is a laudable objective, it nevertheless must not be met at the expense of substantial justice. The Court has allowed some meritorious cases to proceed despite inherent procedural defects and lapses in keeping with the principle that rules of procedure are mere tools designed to facilitate the attainment of justice, and that strict and rigid application of rules which would result in technicalities that tend to frustrate rather than promote substantial justice must always be avoided.
In those rare cases to which we did not stringently apply the procedural rules, there always existed a clear need to prevent the commission of a grave injustice. Our judicial system and the courts have always tried to maintain a healthy balance between the strict enforcement of procedural laws and the guarantee that every litigant is given the full opportunity for a just and proper disposition of his cause.
The emerging trend in the rulings of this Court is to afford every party litigant the amplest opportunity for the proper and just determination of his cause, free from the constraints of technicalities. Time and again, we have consistently held that rules must not be applied so rigidly as to override substantial justice.
The Court of Appeals should have looked beyond the alleged technicalities to open the way for the resolution of the substantive issues in the instance case. The Court of Appeals, thus, erred in dismissing petitioners’ Petition for Review . By dismissing the said Petition, the Court of Appeals absolutely foreclosed the resolution of all the substantive issues petitioners were repeatedly attempting to raise before the Court of Appeals (Tabujara III vs. People, 570 SCRA 229 (2008)

Question 52

Procedure in the Court of Appeals - Can the appellate court receive evidence?

Answer 52

*Generally, the appellate court cannot receive evidence. However, the Court of Appeals under Section 9, of R.A. 129 is authorized to try cases and conduct hearings, receive evidence, and perform any and all acts necessary to resolve factual issues raised in cases falling within their original and appellate jurisdiction including the power to grant and conduct new trials or further proceedings.
Trials or hearings in the Court of Appeals must be continuous and must be completed within 3 months, unless extended by the Chief Justice.

An Instance when the CA conducts new trial: when new trial is granted (See section 15, Rule 124)

What is a MITTIMUS? – It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of the judgment. It is similar to an :execution” in civil cases as it carries into effect the judgment of the court.
Pending a motion for reconsideration, or an appeal, no mittimus order can be made….

Question 53

Procedure in the Supreme Court (Rule 125)

Answer 53

*Procedure in the Supreme Court, in the original and appealed cases, as well as the procedure for review of decisions in criminal cases rendered by the Court of Appeals shall be the same as that of the Court of Appeals (Sections 1 and 2).
*Decision if opinion is equally divided. — When the Supreme Courten bancis equally divided in opinion or the necessary majority cannot be had on whether to acquit the appellant, the case shall again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction of the lower court shall be reversed and the accused acquitted (Section 3, Rule 125)

Question 54

Appeal by Several Accused

Answer 54

An appeal only affects (for the good or for the bad) only the party who appeals except insofar as the judgment of the appellate court is favorable and applicable to the latter; (b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from; (c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed only as to the appealing party (Section 11, Rule 122).

JURISPRUDENCE: Constantino v. Sandiganbayan, 533 SCRA 205 (2007)
*Where a private person was accused of conspiring with a public officer for violation of the anti-graft law, but at the same time said public officer would unequivocably be entitled to exoneration had he not died in the meantime, it seems illogical to absolve said public person who entered into the contract on behalf of the government and send the private person to prison.
Although the rule states that a favorable judgment shall benefit those who did not appeal, we have held that a literal interpretation of the phrase “did not appeal” will not give justice to the purpose of the provision. It should be read in its entirety and should not be myopically construed so as to defeat its reason, i.e., to benefit an accused who did not join in the appeal of his co-accused in case where the appellate judgment is favorable. In fact, the Court has at various times applied the foregoing provision without regard to the filing or non-filing of an appeal by a co-accused, so long as the judgment was favorable to him. In such cases, the co-accused already withdrew his appeal, failed to file an appellant’s brief, or filed a notice of appeal with the trial court but eventually withdrew the same.Even more, in these cases, all the accused appealed from the judgment of conviction but for one reason or another, their conviction had already become final and executory. Nevertheless, the Court still applied to them the favorable judgment in favor of their co-accused.

Question 55

Effect of Death Pending Appeal

Answer 55

*The appellant’s death during the pendency of his appeal, extinguished not only his criminal liability for the crime of murder but also his civil liability solely arising from or based on said crime. According to Article 89(1) of the Revised Penal Code, criminal liability is totally extinguished by the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment (People v. Ayochok, 629 SCRA 324 (2010)).

Question 56

People of the Philippines vs. Jonathan Maylon y Alvero alias “Jun Puke” and Arnel Estrada y Glorian, Accused-Appellants (G.R. No. 240664, June 22, 2020)

Answer 56

Effect of Death on Civil Liability of the Accused

Article 89.How criminal liability is totally extinguished. - Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.

Question 57

Summary of Rules on death pending appeal:

Answer 57

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability[,] as well as the civil liability[,] based solely thereon.

According Justice Regalado - “The death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed,i.e., civil liabilityex delictoinsenso strictiore.“

Question 58

Death pending Appeal:

Answer 58

2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict.

Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) x x x
e) Quasi-delicts

Question 59

Death Pending Appeal:

Answer 59

3. Where the civil liability survives, as explained in No. 2 above, an action for recovery therefor may be pursued but
   a. only by way of filing a separate civil action; and,
   b. subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended.

This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.

Question 60

Death Pending Appeal:

Answer 60

4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action.

In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription.

Question 61

Effect of a Void Judgment on One who escaped/did not Appeal

Answer 61

*Where conspiracy is established among the appellants, the act of one becomes the act of all, and each of the accused is deemed equally guilty of the crime committed. However, there are mitigating circumstances which are personal to an accused and cannot be enjoyed by his co-conspirators or co-accused.
*Where the penalty imposed on the co-accused who did not appeal was a nullity because it was never authorized by law, that penalty can be corrected to make it conform to the penalty prescribed by law, the reason being that, said penalty can never become final and executory and it is within the duty and inherent power of the Court to have it conformable with law (People v. Barro Sr., 338 SCRA 212 (2000))

Question 62

Judgment of Acquittal

Answer 62

GENERAL RULE: A judgment of acquittal cannot be the subject of an appeal, as the same would place the accused in double jeopardy.
A judgment of conviction cannot be appealed, with the appellant seeking a higher penalty, as the same would place the accused in double jeopardy
EXCEPTION:
*By way of exception, a judgment of acquittal in a criminal case may be assailed ina petition for certiorari under Rule 65of the Rules of Court upon clear showing by the petitioner that the lower court, in acquitting the accused, committed not merelyreversible errors of judgmentbut alsograve abuse of discretionamounting to lack or excess of jurisdiction or adenial of due process, thus rendering the assailed judgment void. [Emphases and underscoring supplied]Thus,when the order of dismissal is annulled or set aside by an appellate court in an original special civil action via certiorari, the right of the accusedagainst double jeopardy is not violated.
The rule is that “while certiorari may be availed of to correct an erroneous acquittal, the petitioner in such an extraordinary proceeding must clearly demonstrate that the trial court blatantly abused its authority to a point so grave as to deprive it of its very power to dispense justice.” The case ofGalman v. Sandiganbayanpresents an instructive exception to the rule on double jeopardy, that is, when the prosecution has been denied due process of law. “The rationale behind this exception is that a judgment rendered by the trial court with grave abuse of discretion was issued without jurisdiction. It is, for this reason, void. Consequently, there is no double jeopardy.”
However, to support the petition, the petitioner must show that the prosecution was deprived of its right to due process. Primarily, the OSG petition does not mention or even hint that there was a curtailment of its right.Instead, the petition smacks in the heart of the lower court’s appreciation of the evidence of the parties. Even assuming arguendo that public respondent may have improperly assessed the evidence on hand, what is certain is that the decision was arrived at only after all the evidence was considered, weighed and passed upon. In such a case, any error committed in the evaluation of evidence is merely an error of judgment that cannot be remedied by certiorari. An error of judgment is one in which the court may commit in the exercise of its jurisdiction. An error of jurisdiction is one where the act complained of was issued by the court without or in excess of jurisdiction, or with grave abuse of discretion which is tantamount to lack or in excess of jurisdiction and which error is correctible only by the extraordinary writ of certiorari.Certiorari will not be issued to cure errors by the trial court in its appreciation of the evidence of the parties, and its conclusions anchored on the said findings and its conclusions of law.Since no error of jurisdiction can be attributed to public respondent in her assessment of the evidence, certiorari will not lie (People v. Asis, 629 SCRA 250 (2010)).

Question 63

GRANT OF A DEMURRER TO EVIDENCE

Answer 63

GENERAL RULE: As a general rule, an order granting the accused’s demurrer to evidence amounts to an acquittal. It cannot be appealed without placing the accused in double jeopardy
EXCEPTION:
*There are certain exceptions, however, as when the grant thereof would not violate the constitutional proscription on double jeopardy. For instance, this Court ruled that when there is a finding that there was grave abuse of discretion on the part of the trial court in dismissing a criminal case by granting the accused’s demurrer to evidence, its judgment is considered void.

In this case, the lower court’s grant of the demurrer to evidence was attended by grave abuse of discretion. The prosecution’s evidence was, prima facie, sufficient to prove the criminal charges filed against her for her inexcusable negligence, subject to the defense that she may present in the course of a full-blown trial. The lower court improperly examined the prosecution’s evidence in the light of only one mode of committing the crimes charged; that is, through positive acts. The appellate court correctly concluded that the crime of malversation may be committed either through a positive act of misappropriation of public funds or passively through negligence by allowing another to commit such misappropriation (Mupas v. People, G.R. No. 189365, Oct. 12, 2011)

Question 64

Withdrawal of appeal

Answer 64

Notwithstanding the perfection of the appeal, the RTC, MTC, 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 RTC may also, in its discretion, allow the appellant from the judgment of the MTC 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.
After an Appeal
*After an appeal, judgment becomes final and executory when – 1) no petition for review on certiorari has been filed before the Supreme Court after judgment was promulgated by the Court of Appeals; 2) 15 days from notice of a judgment of conviction by the Supreme Court.

*After an appeal, the entry of judgment is issued, and a certified true copy of the judgment is attached to the original record which shall be remanded to the clerk of court from which the appeal was taken (Section 17, Rule 124)

Question 65

Mamerto Austria vs. AAA and BBBG.R. No. 205275. June 28, 2022

Answer 65

Rules on the private complainant’s legal standing to question judgments or orders in criminal proceedings

(1) The private complainant has the legal personality to appeal the civil liability of the accused or file a petition forcertiorarito preserve his or her interest in the civil aspect of the criminal case.
The appeal or petition forcertiorarimust allege the specific pecuniary interest of the private offended party. The failure to comply with this requirement may result in the denial or dismissal of the remedy.
The reviewing court shall require the OSG to file comment within a non-extendible period of thirty (30) days from notice if it appears that the resolution of the private complainant’s appeal or petition forcertiorariwill necessarily affect the criminal aspect of the case or the right to prosecute
(i.e., existence of probable cause, venue or territorial jurisdiction, elements of the offense, prescription, admissibility of evidence, identity of the perpetrator of the crime, modification of penalty, and other questions that will require a review of the substantive merits of the criminal proceedings, or the nullification/reversal of the entire ruling, or cause the reinstatement of the criminal action or meddle with the prosecution of the offense, among other things).
-The comment of the OSG must state whether it conforms or concurs with the remedy of the private offended party. The judgment or order of the reviewing court granting the private complainant’s relief may be set aside if rendered without affording the People, through the OSG, the opportunity to file a comment.
(2) The private complainant has no legal personality to appeal or file a petition forcertiorarito question the judgments or orders involving the criminal aspect of the case or the right to prosecute, unless made with the OSG’s conformity.

The private complainant must request the OSG’s conformity within the reglementary period to appeal or file a petition forcertiorari. The private complainant must attach the original copy of the OSG’s conformity as proof in case the request is granted within the reglementary period.
Otherwise, the private complainant must allege in the appeal or petition forcertiorarithe fact of pendency of the request.
If the OSG denied the request for conformity, the Court shall dismiss the appeal or petition forcertiorarifor lack of legal personality of the private complainant.
(3) The reviewing court shall require the OSG to file comment within a non-extendible period of thirty (30) days from notice on the private complainant’s petition forcertiorariquestioning the acquittal of the accused, the dismissal of the criminal case, and the interlocutory orders in criminal proceedings on the ground of grave abuse of discretion or denial of due process.

(4) These guidelines shall be prospective in application.