Rule 122 - Appeal Sec. 1 Who may appeal?

Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. 1a. What the word party includes?

The word party includes not only the government and the accused but other people as well such as the complainant who may be affected by the judgment rendered in criminal proceeding.
1b. What is the interest of the complainant?

The complainant has an interest in the civil liability arising from the crime, unless of course, he has reserved the right to bring a separate civil action to recover civil liability. Hence, in the prosecution of offense, the complainants role is that of witness for the prosecution. Ordinarily, the appeal of criminal cases involves as parties only the accused, as appellant, and the State represented by the Office of the Sol. Gen. as the appellee. However, if the Office of the Sol. Gen. takes a contrary position and recommends instead the acquittal of the accused, the complainants right to be heard on the question of award of indemnity and damages arises.
1c. What is an appeal?

Appeal is a proceeding for review by which the whole case is transferred the higher court for final determination. An appeal is not an inherent right of a convicted accused. The right to appeal is always been statutory. Only final judgment and orders are appealable.
1d. What is the limitation of the appeal?

The appeal is subject to the proviso that such appeal should not placed the accused in double jeopardy. Prosecution cannot appeal from the judgdment of acquittal because the verdict of that nature is immediately final and to try him on the merits, even in appellate court is to put him in jeopardy for the same offense.
1e. What is the effect of an appeal?

An appeal in a criminal case opens the whole case for review and this includes the review of the penalty, indemnity, and the damages involved. Consequently, on appeal, the appellate court may increase the penalty, indemnity, or the damages awarded by the trial court, although the offended party had not appealed from said award, and the party who sought the review of the decision was the accused.
1f. Distinguish final judgement from final order.

Final judgment is a judgment which would final if no appeal is taken. On the other hand, final order disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined.

1g. From the judgement convicting the accused, what are the two appeals may accordingly be taken?

a. The accused may seek a review of said judgment, as regard both actions; b. The complainant may appeal with respect only to civil action, either because the lower court has refused or failed to award damages, or because the award made is unsatisfactory to him;
1j. Distinguish Appeal of Judgment from Appeal of Order

An appeal of judgment must be perfected within 15 days from promulgation. However, an appeal of an order must be perfected within 15 days from notice of the final order.
1k. When appeal by the People is permissible? (i) (ii) Where the information was quashed prior to arraignment When case was provisionally dismissed with the express consent of the accused, the same maybe refilled by the fiscal without violating the right of the accused against double jeopardy. (iii) Where the trial court gravely abused its discretion, as when it dismissed with the case due to non-appearance of a vital witness who was not properly notified of the date of trial, certiorari (iv) Where the accused pleaded guilty to the crime charged but when allowed by the trial court to present evidence to prove mitigating circumstances, he proved self defense instead.

What is the general rule as to the authority of private prosecutor as to appeal? A private prosecutor in a criminal case has no authority to act for the People of the Philippines before a court on appeal. It is the governments counsel, the Sol. Gen. wh o appears in criminal cases or their incidents before the SC. At the very least, the Provincial Fiscal General shall act for the People of the Phil. What is the exception as to the authority of private prosecutor as to appeal? The civil award in the crim. case may be appealed by the private prosecutor on behalf of the offended party of his successors.