Know Your CA Procedure

 

Know Your CA Procedure

 

What is the form and contents of a brief that may be filed with the Court of Appeals as well as the period for filing the same?

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.

Section 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 appellant.

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.

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.

 

 

 

What judgment may the Court of Appeals issue on cases elevated/appealed before it?

Section 11. Scope of judgment. — The Court of Appeals may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.

 

 

 

How shall the Court of Appeals arrive at a decision in a case elevated/appealed before it?

Section 10. Judgment not to be reversed or modified except for substantial error. — No judgment shall be reversed or modified unless the Court of Appeals, after an examination of the record and of the evidence adduced by the parties, is of the opinion that error was committed which injuriously affected the substantial rights of the appellant.