Know Your SC Procedure

Know Your SC Procedure

 

 

Stating with particularity, what remedy is available to a party in a criminal case against whom an adverse judgment has been issued by the Court of Appeals?

Section 2; [RULE 125] Review of decisions of the Court of Appeals. — The procedure for the review by the Supreme Court of decisions in criminal cases rendered by the Court of Appeals shall be the same as in civil cases. 

Rule 122; Section 3, (e) Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rules 45.

Section 13, Rule 124: Whenever the Court of Appeals finds that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstances warrant. However, it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review.

 

 

How does the Supreme Court arrive at a decision on cases pending before it?

A.M. No. 10-4-20-SC

RULE 12

VOTING REQUIREMENTS

Section 1. Voting requirements. –

(a) All decisions and actions in Court en banc cases shall be made up upon the concurrence of the majority of the Members of the Court who actually took part in the deliberation on the issues or issues involved and voted on them.

(b) All decisions and actions in Division cases shall be made upon the concurrence of at least three Members of the Division who actually took part in the deliberations on the issue or issues involved and voted on them.

Section 2. Tie voting in the Court en banc.

b) In criminal cases, when the Court en banc is equally divided in option of the necessary majority cannot be had, the Court shall deliberate on it anew. If after such deliberation still no decision is reached, the Court shall reverse the judgement of conviction of the lower court and acquit the accused.

RULE 13

DECISION-MAKING PROCESS

Section 3. Actions and decisions, how reached.

(c) Decision or Resolution. – When a case is submitted for decision or resolution, the Member-in-Charge shall have the same placed in the agenda of the Court for deliberation. He or she shall submit to the other Members of the Court, at least seven days in advance, a report that shall contain the facts, the issue or issues involved, the arguments of the contending parties, and the laws and jurisprudence that can aid the Court in deciding or resolving the case. In consultation, the Members of the Court shall agree on the conclusion or conclusions in the case, unless the said Member requests a continuance and the Court grants it.

 

 

Assuming the Supreme Court, whether sitting en banc or in a division, cannot arrive at the required number of votes, how shall the case be decided/disposed?

Section 3. [Rule 125] Decision if opinion is equally divided. — When the Supreme Court en banc is 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.