RULE 124 - PROCEDURE IN THE COURT OF APPEALS

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.

Sec. 2. Appointment of counsel de officio 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, ask the clerk of court of the Court of Appeals shall designate a counsel
de officio.

An appellant who is not confined in prison may, upon request, be assigned a counsel de officio within ten
(10) days from receipt of the notice to file brief and he establishes his right thereto.

Sec. 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.

Sec. 4. When brief for appellee to be filed; reply brief of the appellant. – Within thirty (30) days from
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.

Sec. 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.

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.
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.

Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. – The Court of Appeals may, upon
motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal
if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is
represented by a counsel de officio.

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.

Sec. 9. Prompt disposition of appeals. – Appeals of accused who are under detention shall be given
precedence in their disposition over other appeals. The Court of Appeals shall hear and decide the appeal
at the earliest practicable time with due regard to the rights of the parties. The accused need not be
present in court during the hearing of the appeal.

Sec. 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 terror was committed which injuriously affected the
substantial rights of the appellant.

Sec. 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.

Sec. 12. Power to receive evidence. – The Court of Appeals shall have the power to try cases and conduct
hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases
(a) falling within its original jurisdiction, (b) involving claims for damages arising from provisional
remedies, or (c) where the court grants a new trial based only on the ground of newly-discovered
evidence.
Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court. – Three (3) Justices of the
Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three
(3) Justices of a division shall be necessary for the pronouncement of a judgment or final resolution,
which shall be reached in consultation before the writing of the opinion by a member of the division. In
the event that the three (3) Justices can not reach a unanimous vote, the Presiding Justice shall direct the
raffle committee of the Court to designate two (2) additional Justices to sit temporarily with them,
forming a special division of five (5) members and the concurrence of a majority of such division shall be
necessary for the pronouncement of a judgment or final resolution. The designation of such additional
Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals.

Whenever the Court of Appeals find 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 circumstance
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.

Sec. 14. Motion for new trial. – At any time after the appeal from the lower court has been perfected and
before the judgment of the Court of Appeals convicting the appellant becomes final, the latter may move
for a new trial on the ground of newly-discovered evidence material to his defense. The motion shall
conform with the provisions of section 4, Rule 121.

Sec. 15. Where new trial conducted. – When a new trial is granted, the Court of Appeals may conduct the
hearing and receive evidence as provided in section 12 of this Rule or refer the trial to the court of origin.

Sec. 16. Reconsideration. – A motion for reconsideration shall be filed within fifteen (15) days from notice
of the decision or final order of the Court of Appeals with copies thereof served upon the adverse party,
setting forth the grounds in support thereof. The mittimus shall be stayed during the pendency of the
motion for reconsideration. No party shall be allowed a second motion for reconsideration of a judgment
or final order.

Sec. 17. Judgment transmitted and filed in trial court. – When the entry of judgment of the Court of
Appeals is issued, a certified true copy of the judgment shall be attached to the original record which shall
be remanded to the clerk of the court from which the appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminal cases. – The provisions of Rules 42, 44
to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the Supreme Court in original and
appealed civil cases shall be applied to criminal cases insofar as they are applicable and not inconsistent
with the provision of this Rule.

RULE 125 - PROCEDURE IN THE SUPREME COURT

Section 1. Uniform Procedure. – Unless otherwise provided by the Constitution or by law, the procedure
in the Supreme Court in original and in appealed cases shall be the same as in the Court of Appeals.

Sec. 2. 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.

Sec. 3. 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
lower court shall be reversed and the accused acquitted.

RULE 126 - SEARCH AND SEIZURE

Section 1. Search warrant defined. – A search warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.

Sec. 2. Court where application for search warrant shall be filed. – An application for search warrant shall
be filed with the following:

(a) Any court within whose territorial jurisdiction a crime was committed.

(b) For compelling reasons stated in the application, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.

Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of
personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense.

Sec. 4. Requisites for issuing search warrant. – A search warrant shall not issue except upon probable
cause in connection with one specific offense to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witness he may produce, and particularly describing
the place to be searched and the things to be seized which may be anywhere in the Philippines.

Sec. 5. Examination of complainant; record. – The judge must, before issuing the warrant, personally
examine in the form of searching questions and answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally known to them and attach to the record their sworn
statements, together with the affidavits submitted.

Sec. 6. Issuance and form of search warrant. – If the judge is satisfied of the existence of facts upon which
the application is based or that there is probable cause to believe that they exist, he shall issue the
warrant, which must be substantially in the form prescribed by these Rules.

Sec. 7. Right to break door or window to effect search. – The officer, if refused admittance to the place of
directed search after giving notice of his purpose and authority, may break open any outer or inner door
or window of a house or any part of a house or anything therein to execute the warrant to liberate himself
or any person lawfully aiding him when unlawfully detained therein.

Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – No search of a
house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or
any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality.

Sec. 9. Time of making search. – The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night.

Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten (10) days from its date.
Thereafter, it shall be void.

Sec. 11. Receipt for the property seized. – The officer seizing the property under the warrant must give a
detailed receipt for the same to the lawful occupant of the premises in whose presence the search and
seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found
the seized property.

Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. – (a) The
officer must forthwith deliver the property seized to the judge who issued the warrant, together with a
true inventory thereof duly verified under oath.

(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has
been made, and if none, shall summon the person to whom the warrant was issued and require him to
explain why no return was made. If the return has been made, the judge shall ascertain whether section 11
of this Rule has been complied with and shall require that the property seized be delivered to him. The
judge shall see to it that subsection (a) hereof has been complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search
warrants who shall enter therein the date of the return, the result, and other actions of the judge.

A violation of this section shall constitute contempt of court.

Sec. 13. Search incident to lawful arrest. – A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute proof in the commission of an offense
without a search warrant.

Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. – A motion to quash a
search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the
court where the action has been instituted. If no criminal action has been instituted, the motion may be
filed in and resolved by the court that issued search warrant. However, if such court failed to resolve the
motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the
latter court.

RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES

Section 1. Availability of provisional remedies. – The provisional remedies in civil actions, insofar as they
are applicable, may be availed of in connection with the civil action deemed instituted with the criminal
action.

Sec. 2. Attachment. – When the civil action is properly instituted in the criminal action as provided in
Rule 111, the offended party may have the property of the accused attached as security for the satisfaction
of any judgment that may be recovered from the accused in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or property embezzled or fraudulently
misapplied or converted to the use of the accused who is a public officer, officer of a corporation, attorney,
factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty;

(c) When the accused has concealed, removed, or disposed of his property, or is about to do so; and

(d) When the accused resides outside the Philippines.