Monday, July 21, 2014

DEATH PENALTY OR CAPITAL PUNISHMENT:

     The provision provides that where the penalty imposed by the RTC is reclusion perpetua or life imprisonment, an appeal is made directly to this Court by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.  On the other hand, a case where the penalty imposed is death will be automatically reviewed by the Court without a need for filing a notice of appeal.  However, People vs. Mateo G.R. Nos. 147678-87, July 7, 2004 modified these rules by providing an intermediate review of the cases by the CA where the penalty imposed is reclusion perpetua, life imprisonment, or death.  Pursuant to Mateo’s ruling, the Court issued A.M. No. 00-5-03-SC 2004-10-12, amending the pertinent rules governing review of death penalty cases. Also affecting the rules on appeal is the enactment of Republic Act No. (RA) 9346 or An Act Prohibiting the Imposition of the Death Penalty in the Philippines, which took effect on June 29, 2006. Under Sec. 2 of RA 9346, the imposition of the death penalty is prohibited, and in lieu thereof, it imposes the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code (RPC); or life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the RPC. Consequently, in the provisions of the Rules of Court on appeals, death penalty cases are no longer operational. It is a settled rule that substantiated factual findings of the appellate court, affirming those of the trial court, are conclusive on the parties and may not be reviewed on appeal. (People vs. Abon G.R. No. 169245 February 15, 2008 Velasco, Jr., J.)

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