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  • Rule 124 Criminal Procedure

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    Ruperto A. Alfafara III
    429 views7 pages
    This document outlines the procedure for appeals in the Court of Appeals in the Philippines. It discusses (1) the titles used for the appellant and appellee, (2) the appointment of counsel for appellants who are indigent or imprisoned, (3) the timeline for appellants to file their brief within 30 days of receiving records and for appellees to respond within 30 days of the appellant's brief, (4) the option for appellants to file a reply brief within 20 days, and (5) requirements for extensions and formatting of briefs to be double-spaced on legal paper. The purpose is to ensure legal representation for all and an orderly process for appeals.

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    This document outlines the procedure for appeals in the Court of Appeals in the Philippines. It discusses (1) the titles used for the appellant and appellee, (2) the appointment of counsel for appellants who are indigent or imprisoned, (3) the timeline for appellants to file their brief within 30 days of receiving records and for appellees to respond within 30 days of the appellant's brief, (4) the option for appellants to file a reply brief within 20 days, and (5) requirements for extensions and formatting of briefs to be double-spaced on legal paper. The purpose is to ensure legal representation for all and an orderly process for appeals.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    429 views7 pages

    Rule 124 Criminal Procedure

    Uploaded by

    Ruperto A. Alfafara III
    This document outlines the procedure for appeals in the Court of Appeals in the Philippines. It discusses (1) the titles used for the appellant and appellee, (2) the appointment of counsel for appellants who are indigent or imprisoned, (3) the timeline for appellants to file their brief within 30 days of receiving records and for appellees to respond within 30 days of the appellant's brief, (4) the option for appellants to file a reply brief within 20 days, and (5) requirements for extensions and formatting of briefs to be double-spaced on legal paper. The purpose is to ensure legal representation for all and an orderly process for appeals.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 7

    RULE 124 PROCEDURE

    IN THE COURT OF
    APPEALS
    Presented by:
    Ruperto Alfafara
    Pauline Joyce Naguit
    Castle Faere Santos

    SECTION 1

    Title of the case. In all criminal cases appealed to the Court


    of Appeals, the party appealing the case shall be called the
    "appellant" and the adverse party the "appellee," but the title
    of the case shall remain as it was in the court of origin

    People vs. Alfafara

    SECTION 2

    Appointment of counsel de oficio for the accused. If it


    appears from the record of the case as transmitted that (a) the
    accused is confined in prison, (b) is without counsel de parte
    on appeal, or (c) has signed the notice of appeal himself, the
    clerk of court of the Court of Appeals shall designate a counsel
    de oficio.
    An appellant who is not confined in prison may, upon request,
    be assigned a counsel de oficio within ten (10) days from
    receipt of the notice to file brief and he establishes his right
    thereto

    This provision is in accordance


    with the constitutional provision
    that ensures a person of legal
    representation

    SECTION 3

    When brief for appellant to be filed. Within thirty (30) days


    from receipt by the appellant or his counsel of the notice from
    the clerk of court of the Court of Appeals that the evidence,
    oral and documentary, is already attached to the record, the
    appellant shall file seven (7) copies of his brief with the clerk
    of court which shall be accompanied by proof of service of two
    (2) copies thereof upon the appellee.

    The purpose of this provision is


    provide appellees reply to
    brief filed by the appellant.

    SECTION 4

    When brief for appellee to be filed; reply brief of the appellant.


    Within thirty (30) days from the receipt of the brief of the
    appellant, the appellee shall file seven (7) copies of the brief
    of the appellee with the clerk of court which shall be
    accompanied by proof of service of two (2) copies thereof
    upon the appellant.
    Within twenty (20) days from receipt of the brief of the
    appellee, the appellant may file a reply brief traversing
    matters raised in the former but not covered in the brief of the
    appellant.

    SECTION 5

    Extension of time for filing briefs. Extension of time for the


    filing of briefs will not be allowed except for good and
    sufficient cause and only if the motion for extension is filed
    before the expiration of the time sought to be extended.

    SECTION 6

    Form of briefs. Briefs shall either be printed, encoded or


    typewritten in double space on the legal size good quality
    unglazed paper, 330 mm. in length by 216 mm. in width.

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