UNIVERSITY OF SAN CARLOS

CRIMINAL PROCEDURE
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Rule 124
PROCEDURE IN THE COURT OF APPEALS
SECTION 1. Title of the case.
Terms to be used in Appeals to the CA
1. Title of the case:
It shall be the same as it was in the court of origin
2. Designation of parties:
1. Appellant the party appealing the case
2. Appellee - the adverse party

SEC. 2. Appointment of counsel de oficio for the
accused.
Appointment of Counsel de Oficio for the Accused
1. When the clerk of court of the CA shall designate a counsel de
oficio for the accused if it appears from the record of the case
that the accused:
1. is confined in prison,
2. is without counsel de parte in appeal, or
3. has signed the notice of appeal himself
2. An appellant who is not confined in prison may be assigned a
counsel de oficio provided:
1. he makes a request within 10 days from receipt of
the notice to file his brief, and
2. he establishes his right thereto

SEC. 3. When brief for appellant to be filed.
Appellants Brief
1. When appellants brief shall be filed:
Within 30 days from receipt by the appellant or his
counsel of the notice from the clerk of court of the CA that the
evidence, oral and documentary, is already attached to the
record.
2. Number of copies:
1. 7 copies of appellants brief to be filed with the
clerk of court of the CA, and
2. with proof of service of 2 copies thereof upon
the appellee.

SEC. 4. When brief for appellee to be filed; reply brief of
the appellant.
Appellees Brief
1. When appellees brief shall be filed:
Within 30 days from receipt of the brief of the appellant
2. Number of copies:
1. 7 copies of the appellees brief to be filed with the
clerk of court of the CA
2. with proof of service of 2 copies thereof upon the
appellant.

Appellants Reply
1. This may be filed within 20 days from receipt of appellees
brief; and
2. It may traverse matters:
1. raised in the appellees brief, but
2. not covered in appellants brief

SEC. 5. Extension of time for filing briefs.
Extension of Time for Filing Briefs
1. General Rule not allowed
2. Exception may be allowed only when:
1. A motion for extension is filed before the expiration of
the time sought to be extended, and
2. There is good and sufficient cause for an extension.

SEC. 6. Form of briefs. Briefs shall either be printed,
encoded or typewritten in double space on legal size
good quality unglazed paper, 330 mm. in length by 216
mm. in width. (6a)

SEC. 7. Contents of brief. The briefs in criminal cases
shall have the same contents as provided in sections 13
and 14 of Rule 44. A certified true copy of the decision
or final order appealed from shall be appended to the
brief of the appellant. (7a)
Contents of Appellants Brief [Rule 44 Sec. 13]
1. A subject index of the matter in the brief with:
1. a digest of the arguments and page references, and
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CRIMINAL PROCEDURE
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2. a table of:
1. cases alphabetically arranged,
2. textbooks, and
3. statutes cited with reference to the pages
where they are cited;
2. An assignment of errors intended to be urged which errors
shall be separately, distinctly and concisely stated without
repetition and numbered consecutively;
3. Under the heading Statement of the Case:
1. a clear and concise statement of the nature of the
action,
2. a summary of the proceedings,
3. the appealed rulings and orders of the court,
4. the nature of the judgment, and
5. any other matters necessary to an understanding of
the nature of the controversy, with page references to the
record;
4. Under the heading Statement of Facts:
1. a clear and concise statement in a narrative form of
the facts admitted by both parties and of those in controversy,
2. together with the substance of the proof relating
thereto in sufficient detail to make it clearly intelligible, with page
references to the record;
5. A clear and concise statement of the issues of fact or law to
be submitted to the court for its judgments;
6. Under the heading Argument:
1. the appellants arguments on each assignment of
error with page references to the record
2. the authorities relied upon shall be cited by:
1. the page of the report at which the case
begins, and
2. the page of the report on which the
citation is found.
7. Under the heading Relief a specification of the order or
judgment which the appellant seeks; and
8. In cases not brought up by record on appeal, the apellants
brief shall contain, as an Appendix, a copy of the judgment or
final order appealed from

Contents of Appellees Brief [Rule 44 Sec. 14]
1. A subject index of the matter in the brief with:
1. a digest of the arguments and page references, and
2. a table of:
1. cases alphabetically arranged,
2. textbooks, and
3. statutes cited with reference to the pages
where cited;
2. Under the heading:
1. Statement of Facts the appellee shall state that
he accepts the
statement of facts in the appellants brief, or
2. Counter-Statement of Facts he shall point out
such insufficiencies or inaccuracies as he believes exist in the
appellants statement of facts:
1. with references to the pages of the record
in support thereof, but
2. without repetition of matters in the
appellants statement of facts; and
3. Under the heading Argument:
1. the appellee shall set forth his arguments in the case
on each assignment of error with page references to the record,
2. the authorities relied upon shall be cited by:
1. the page of the report at which the case
begins, and
2. the page of the report on which the
citation is found

Effect of failure to comply
Where defect not fatal
People v. de la Concha, 388 SCRA 280
Facts:
The Brief of appellant who was convicted for rape
lacked the following: (a) table of cases cited; (b) statement of
issues; and (c) page references to the record in the Statement of
the Case and in the Statement of Facts.
Issue:
Should his appeal be dismissed?
Held:
No. The contents of the Appellants Brief are
enumerated in Sec. 13, Rule 44, in relation to Sec. 7 of Rule 124
and Sec. 1 of Rule 125 of the Rules of Court. The infractions
above mentioned are not, however, among the grounds
for dismissal of appeals as provided for under Sec. 5 of Rule 56,
in relation to Sec. 18 of Rule 124 and Sec. 1 of Rule 125. Hence,
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the procedural infirmities of the Appellants Brief filed in this case
do not warrant a dismissal of his appeal.
Where defect fatal
People v. Fabula, 265 SCRA 607
Facts:
Appellant was convicted of robbery with double
homicide. His brief proceeded to discuss his arguments without
complying with the other requirements of Rule 44 of the Rules of
Court.
Issue:
Is the defect fatal?
Held:
Yes. Appellants counsel proceeded directly to discuss
his arguments without stating the assigned errors and the issues in
accordance with Rule 44[b] & [e] Sec. 13 of the Rules of Court.
The brief also does not contain a Prayer to indicate the relief
sought by appellant. These omissions are fatal and highlight the
bankruptcy of the appeal.

Q: Now, who prepares the appellees brief?
A: The Solicitor General.

SEC. 8. Dismissal of appeal for abandonment or failure
to prosecute.
Dismissal of Appeal
1. Grounds for dismissal:
1. Failure of appellant to file his brief within 30 days from
receipt of the notice from the clerk of court of the CA
Exception when the appellant is represented
by counsel de oficio
2. If, during the pendency of the appeal, the appellant:
1. escapes from prison or confinement,
2. jumps bail, or
3. flees to a foreign country
2. How the appeal is dismissed:
1. Either upon motion of appellee or motu propio, and
2. With notice to appellant in either case

Effect of failure to file brief
Tamayo v. People,423 SCRA 175
Facts:
Accused was convicted of arson by the RTC and
sentenced to suffer imprisonment of 6 years and 1 day to 12
years and 1 day. After he filed his notice of appeal, the CA
required him to submit his brief. Despite the lapse of the
deadline, however, he failed to do so and the court dismissed his
appeal under Sec. 8, Rule 124 of the Revised Rules on Criminal
Procedure. Accused is challenging the dismissal claiming that his
failure to submit the brief was the fault of his lawyer who
abandoned him without his knowledge and consent.
Issue:
Should the appeal be reinstated?
Held:
Yes. Accused timely filed his notice of appeal and the
CA acquired jurisdiction over the case. Accused merely failed to
submit his brief within the period provided by the rules. A
distinction should be made between the failure to file a notice of
appeal within the reglementary period and the failure to file a
brief within the period granted by the CA. The former results in
the failure of the CA to acquire jurisdiction over the appealed
decision resulting in its becoming final and executor if appellant
fails to move for reconsideration. The latter simply results in the
abandonment of the appeal which can lead to its dismissal
upon failure to move for its reconsideration.
In this case, when accused learned of the dismissal of
his appeal, he timely moved for its reconsideration on the
ground that he had no knowledge that his counsel not only
failed to file the required brief but actually withdrew as such
without his consent. Accused is not responsible for the failure to
file the brief because he was waiting for the resolution of his
motion for reconsideration. It must be recalled that, in his motion,
he prayed that he be given sufficient time to file his brief in the
event of reinstatement of his appeal.
Effect of jumping bail
People v. Castillo, 430 SCRA 40
Facts:
The RTC convicted accused of murder and sentenced
him to suffer the penalty of 14 years and 8 months, as minimum,
to 17 years and 4 months, as maximum, both of reclusion
temporal. On appeal, the CA modified the sentence to reclusion
perpetua. Consequently, the CA certified the case to the SC for
the purpose of reviewing the criminal liability of accused, in
accordance with Rule 124, Sec. 13 of the Rules of Court.
Meanwhile, during the pendency of the appeal, accused
jumped bail.
Issue:
Considering that accused jumped bail, should his
appeal be dismissed pursuant to Sec. 8, Rule 124?
Held:
No. If the appeal is dismissed at this stage, the decision
of the RTC sentencing accused to a prison term within the range
of reclusion temporal would become final, despite the finding of
the CA that accused should instead be meted the penalty of
reclusion perpetua. To avoid the absurdity of rewarding accused
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for his act of jumping bail, the instant appeal must be
considered.
Effect of posting fake bail bond
People v. Del Rosario, 348 SCRA 603
Facts:
Accused was convicted of murder and sentenced to
10 years and 1 day, to 17 years and 4 months. On appeal, the
CA affirmed the conviction but increased the penalty to
reclusion perpetua and thus certified the case to the SC. While
the case was pending before the SC, it was discovered that the
personal bail bond accused posted was fake.
Issue:
What is the effect of the fake bail bond posted on the
appeal?
Held:
Under Sec. 8[2], Rule 124 of the Rules of Court, the
escape from prison or confinement, the act of jumping bail, or
fleeing to a foreign country of the accused results in the outright
dismissal of his appeal.
In this case, by filing fake bail bond, accused is
deemed to have escaped from confinement even while the
appeal was pending before the CA. In the normal course of
things, the CA should have dismissed the appeal. However, this
was not possible because the fake bail bond was discovered
only after the CA had already affirmed the sentence. Hence, to
revert to the sentence imposed by the RTC would result in the
absurdity that by filing a fake bond, accused would enjoy the
lower sentence imposed by the RTC. To avoid this blatant
mockery of justice, the CA must continue to exercise jurisdiction
over the appeal. Accused having mocked and trumped the
judicial process by filing a fake bail bond, he must be considered
to have waived his right to further review of the decisions of the
RTC and the CA, respectively.
If the appellant will not file his appellants brief, the case is
dismissed same in civil cases except where the appellant is
represented by counsel de oficio because the counsel de oficio
is really a court-appointed lawyer. So why will the accused suffer
if the court-designated lawyer is negligent? But if it is a lawyer of
your own choice who failed to file the brief, then you suffer the
consequence.
Although we are talking of criminal cases, if you based it on the
guidelines, it would seem that when the CA dismisses the
appeal, it should give a warning to the accused. This is what the
SC said in the case of
FAROLAN vs. COURT OF APPEALS, February 07, 1995
HELD: Under Sec. 8 of Rule 124, the failure to file the
appellant's brief on time may cause the dismissal of the
appeal, upon either the motion of the appellee or on the
own motion of the appellate court, provided that notice
must be furnished to the appellant to show cause why his
appeal should not be dismissed. At least give him a
warning.
But the exception to this rule has been
clearly stated i.e. when the appellant is
represented by a counsel de oficio.
The second paragraph of Section 8 is more important:
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. (8a)
There is an appeal pending in the CA, the appellant escaped
from prison or jumped bail, or flees to a foreign country, under
the 2nd paragraph of Section 8, his appeal will be dismissed.
Abandoned na! By his act of running away, the judgment of
conviction will become final.
This provision prompted the SC to also apply doon sa
promulgation. Under Rule 120, if during the promulgation the
accused disappears, the promulgation will proceed in absentia
and then the law says the accused forfeits all his remedies. Why?
Kung nag-appeal siya, and then nag-layas siya, the appeal will
be dismissed, lalo na kung di siya nag-appeal! You will also lose
your right to appeal. The reason according to the SC, once the
accused escaped from prison or confinement or jumped bail,
he loses his standing in court and unless he surrenders or submits
to the jurisdiction of the court, he is deemed to have waived any
right to seek relief from the court. (Gimenez vs. Nazareno, 160
SCRA 1)
Q: When a person who is sentenced to death escaped, can the
automatic review still proceed? Or assuming there is already an
automatic review and while he is in jail, naglayas, and the SC
learns of his escape, what will happen to the automatic review?
Tuloy or dismissed?
A: This is the question which bugged the SC in the 1996 case
of PEOPLE vs. ESPARAS (260 SCRA 539) which was asked in the
1998 bar in remedial law. The SC here is not unanimous. Six (6)
justices dissented from the majority. There are two sections
compared here Section 8 of Rule 124 and Section 10 of Rule
122.
PEOPLE vs. ESPARAS, 260 SCRA 539 [1996]
ISSUE: Will the SC proceed to automatically review the
death sentence of an accused who was tried in absentia
and remained at large up to the present time? Or even if he
appealed, and while the appeal is pending, he escaped?
HELD: The majority said YES. You cannot apply Rule 124
because of the nature of the death penalty. There are 6
justices who disagreed.
Section 8 of Rule 124 of the Rules of Court which, inter alia,
authorizes the dismissal of an appeal when the appellant
jumps bail, has no application to cases where the death
penalty has been imposed. In death penalty cases,
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automatic review is mandatory. This is the text and tone of
Section 10, Rule 122, which is the more applicable rule.
So there is an applicable rule and not the general rule in
Rule 124. Lets go to the philosophy of the ruling:
There is more wisdom in our existing jurisprudence
mandating our review of all death penalty cases, regardless
of the wish of the convict and regardless of the will of the
court. Nothing less than life is at stake and any court
decision authorizing the State to take life must be as error-
free as possible. We must strive to realize this objective,
however, elusive it may be, and our efforts must not depend
on whether appellant has withdrawn his appeal or has
escaped. Nor should the Court be influenced by the
seeming repudiation of its jurisdiction when a convict
escapes. Ours is not only the power but the duty to review
all death penalty cases. No litigant can repudiate this
power which is bestowed by the Constitution. The power is
more of a sacred duty which we have to discharge to
assure the People that the innocence of a citizen is our
concern not only in crimes that slight but even more, in
crimes that shock the conscience. This concern cannot be
diluted.
The Court is not espousing a soft, bended, approach to
heinous crimes for we have always reviewed the imposition
of the death penalty regardless of the will of the convict.
Our unyielding stance is dictated by the policy that the
State should not be given the license to kill without the final
determination of this Highest Tribunal whose collective
wisdom is the last; effective hedge against an erroneous
judgment of a one-judge trial court. This enlightened policy
ought to continue as our beacon light for the taking of life
ends all rights, a matter of societal concern that transcends
the personal interest of a convict. The importance of this
societal value should not be blurred by the escape of a
convict which is a problem of law enforcement. Neither
should this Court be moved alone by the outrage of the
public in the multiplication of heinous crimes for our
decisions should not be directed by the changing winds of
the social weather.
Meaning, our decision shall not be influenced by the thinking of
the people social weather. And I think that is a very nice
explanation why you should not apply Rule 124.

Section 12. Power to receive evidence.- The Court of Appeals
shall have the power to try cases and conduct hearings, receive
evidence and perform all acts necessary to resolve factual issues
raised in cases falling within it's 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 three months, unless
extended by the Chief Justice. (as amended by A.M.No. 00-5-03-
SC)
And the last important portion here to master is the second
paragraph of Section 13:

(a)Whenever the Court of Appeals find that the
penalty of death should be imposed, the court, shall
render judgment but refrain from making an entry of
judgment and forthwith certify the case and elevate its
entire record to the Supreme Court for review.
(b) Where the judgment also imposes a
lesser penalty for offenses committed on the
same occasion or which arose out of the
same occurrence that gave rise to the more
severe offense for which the penalty of death
is imposed, and the accused appeals, the
appeal shall be included in the case certified
for review to the Supreme Court.
(c) In cases where the Court of Appeals
imposes reclusion perpetual, life imprisonment
or a lesser penalty, it shall render and enter
judgment imposing such penalty.The
judgment may be appealed to the Supreme
Court by notice of appeal filed with the Court
of Appeals.
How can this happen that the CA finds the penalty of death,
reclusion perpetua or life imprisonment should be imposed? This
happens normally in a situation like this: Mr. Concon is charged
with murder and the court convicted him only for homicide so
temporal yan. Where will he appeal? Sa CA because the
penalty imposed is not death or perpetua. The trouble is when
the CA reviews the case and finds that the crime should be
murder pala!
Q: What should the CA do?
A: The CA should still decide and lay down the facts and
the law as if it is the SC. And then the CA should really impose
the death penalty or reclusion perpetua. But it should not enter
judgment. After imposing death or perpetua, itapon sa SC,
Please review our work and find out whether we are correct.

Automatically, the CA will not enter judgement but should
elevate the case. So the SC should have the final say on whether
or not to adopt the findings and conclusions of the CA. But
definitely, the CA should not shirk from its responsibility of
deciding the case on its merits imposing the correct penalty of
death or perpetua. That is the correct procedure under the new
rules.

Sec. 9
Hearing and Disposition of Appeals
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1. What shall be given precedence in disposition over other
appeals:
Appeals of accused under detention
2. Hearing and decision by the Court of Appeals:
1. shall be made at the earliest practicable time,
2. with due regard to the rights of the parties
3. The accused need not be present in court during the hearing
of the appeal

Period to decide appeals
Re: Problem of Delays . . ., 370 SCRA 661
Facts:
In the year 2000, the Integrated Bar of the Philippines
(IBP) passed a resolution urging the Supreme Court to inquire into
the reasons for the delay in the resolution of cases before the
Sandiganbayan. The report of the Presiding Justice of said court
showed that there were 415 cases submitted for decision
remaining undecided. Art. VIII, Sec. 15(1) of the Constitution
provides that all cases or matters must be decided or resolved
within 24 months from the date of submission to the Supreme
Court, and, unless reduced by the Supreme Court, 12 months for
all lower collegiate courts, and 3 months for all other lower
courts.
Issue:
Which period applies to the Sandiganbayan?
Held:
The Sandiganbayan is not a regular court but a special
court of the same level as the CA, with functions of a trial court.
Sec. 6 of P.D. 1606 provides that the judgment shall be
rendered within 3 months from the date the case was submitted
for decision. The same period is provided in the rules of the
Sandiganbayan which it promulgated. Thus, the 3-month period,
not the 12-month period applicable to the CA, applies to the
Sandiganbayan, whether in the exercise of its original or
appellate jurisdiction.

Sec. 10
Requisites for Reversion or Modification of the Judgment of the
Lower Court
1. The CA must examine the record and the evidence adduced
by the parties
2. The CA is of the opinion that error was committed which
injuriously affected the substantial rights of the appellant

Sec. 11
Scope of Judgment; How the Court of Appeals may Decide
1. It may reverse, affirm or modify the judgment of the trial court
2. It may increase or reduce the penalty imposed by the trial
court
3. It may remand the case to the RTC for:
1. new trial, or
2. retrial; or
4. It may dismiss the case
Findings on credibility of witnesses
People v. Panabang, 373 SCRA 560
Issue:
On appeal, may the appellate court reverse the
findings of the trial court on the credibility of witnesses?
Issue:
No. Jurisprudence is too well settled that this particular
issue lies within the province of trial courts to resolve. It is the trial
court which is afforded the unique opportunity to observe the
witnesses on the stand. The manner witnesses testify the
hesitant pause, the nervous voice, the undertone, the
beffuddled look, the honest gaze, the modest blush, or the guilty
blanch is a significant indicum in aptly assigning value to
testimonial evidence. The findings of a trial court on the
credibility of witnesses can only be disturbed upon a clear
showing that it has overlooked, misunderstood, or misapplied
some facts or circumstances of weight or substance which can
affect the result of the case.
Exceptions to the rule
People v. Gulion, 349 SCRA 610
Issue:
When may the CA reverse the findings of fact made by
the trial court?
Held:
While factual findings of trial courts, as well as their
assessment of the credibility of witnesses, are entitled great
weight and respect more so when these are affirmed by the CA,
the following are the exceptions: (1) when the conclusion is a
finding grounded entirely on speculations, surmises and
conjectures; (2) the inferences made are manifestly mistaken; (3)
there is grave abuse of discretion; (4) the judgment is based on
misapprehension of facts or premised on the absence of
evidence on record.
Increase of penalty
People v. Las Pinas, 377 SCRA 377
Facts:
Accused was charged with rape of a 12-year old. After
trial, the RTC ruled that the prosecution failed to prove the
element of force and intimidation in the rape charge and
convicted accused only of child abuse under R.A. 7610. The RTC
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sentenced him to 14 years, 8 months and 1 day to reclusion
temporal. Accused appealed but the CA found sufficient
evidence for, and proceeded to convict him of, rape
sentencing him to reclusion perpetua.
Issue:
Considering that the RTC has virtually acquitted
accused of the charge of rape by finding him guilty of a lesser
offense, may the CA convict him of the crime?
Held:
Yes. When an accused appeals from the sentence of
the trial court, he waives his constitutional safeguard against
double jeopardy and throws the whole case open to the review.
The CA is then called upon to render such judgment as the law
and justice dictate, whether favorable or unfavourable, and
whether they are assigned as errors or not. Such an appeal
confers upon the CA full jurisdiction and renders it competent to
examine the records, revise the judgment appealed from,
increase the penalty and cite the proper provision of the penal
law. Thus, there is no legal obstacle in meting out a conviction
for the crime of rape as originally charged in the information.
Sec. 12
Receiving Evidence
1. Power of the Court of Appeals:
1. To try cases and conduct hearings
2. To receive evidence, and
3. To perform any and all acts necessary:
1. to resolve factual issues in cases falling
within its original jurisdiction,
2. including the power to grant and conduct
new trials or further proceedings
2. Duration of trials and hearings
1. Trials or hearings in the CA must be continuous,
2. They must be completed within 3 months, unless
extended by the Chief
Justice.

Sec. 13
Certification or Appeal of Case to Supreme Court
1. Steps to be taken when CA finds that the penalty of death
should be imposed:
1. The CA shall render judgment,
2. It shall, however, refrain from making an entry of
judgment, and
3. It shall instead certify the case and elevate its entire
record to the SC for review
2. What appeal shall be included in the case certified for review
to the SC:
1. Where the judgment also imposes a lesser penalty for
offenses:
1. committed on the same occasion as the
more severe offense for which the penalty is death, or
2. Which arose out of the same occurrence
that gave rise to the more severe offense for which the penalty
of death is imposed, and
2. The accused appeals
3. Effects where the CA imposes reclusion perpetua, life
imprisonment or a lesser penalty:
1. The CA shall render judgment,
2. It shall enter judgment imposing such penalty, and
3. Such judgment may be appealed to the SC by
notice of appeal filed with the CA
Where penalty is reclusion perpetua
People v. Cruz, 203 SCRA 682
Issue:
What is the proper procedure to be followed when the
CA imposes a sentence of reclusion perpetua?
Held:
The CA shall render judgment but shall order the
Division Clerk of Court to desist from entering judgment (Revised
Internal Rules of the CA, Sec. 5, Rule 11) and after the lapse of
the period for filing a motion for reconsideration, is ordered to
elevate this case and its complete records to the SC for review in
accordance with Rule 124, Sec. 13 of the Revised Rules on
Criminal Procedure.
2. Penalty is from reclusion temporal to reclusion perpetua
Mercado v. People, 392 SCRA 678
Issue:
Is a penalty of 17 years and 4 months to 30 years
considered reclusion perpetua so that the CA should refrain from
entering judgment and certify the case to the SC, pursuant to
the last paragraph of Sec. 13, Rule 124, of the 2000 Rules of
Criminal Procedure?
Held:
No. Sec. 13, Rule 124 is applicable only when the
penalty imposed was reclusion perpetua or higher as a single
indivisible penalty, i.e., the penalty was at least reclusion
perpetua. Art. 27 of the Revised Penal Code states that the
penalty of reclusion perpetua shall be from 20 years and 1 day
to 40 years. While the 30-year period falls within that range,
reclusion perpetua nevertheless is a single indivisible penalty
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which cannot be divided into different periods. The 30-year
period for reclusion perpetua is only for purposes of successive
service of sentence under Art. 70 of the RPC.
More importantly, the crime committed is one
penalized under RA 6538 or The Anti-Carnapping Act of 1972
which is a special law and not under the RPC. Unless otherwise
specified, if the special penal law imposes such penalty, it is error
to designate it with terms provided for in the RPC since those
terms apply only to the penalties imposed by the RPC, and not
to the penalty in special penal laws. Generally, special laws
provide their own specific penalties for the offenses they punish,
which penalties are not taken from nor refer to those in the RPC.

Sec. 14
Motion for New Trial
1. When appellant may move for a new trial:
1. At any time after the appeal from the lower court
has been perfected, and
2. Before the judgment of the CA convicting the
appellant becomes final.
2. Ground for new trial:
Newly discovered evidence material to the defense of
the appellant.
Sec. 15
What the CA may do when Motion for New Trial is Granted
1. Conduct the hearing and receive evidence, or
2. Refer the trial to the court of origin.
Sec. 16
Motion for Reconsideration
1. Requisites:
1. A motion for reconsideration shall be filed within 15
days from notice of the decision or final order of the CA, and
2. Copies of the motion shall be served upon the
adverse party, setting forth the grounds in support thereof.
2. Rules:
1. The mittimus shall be stayed during the pendency of
the motion for reconsideration.
2. No party shall be allowed a second motion for
reconsideration of a judgment or final order.