i. Subjects of Appeal and Review

Subject Matter for Review on Appeal

In a criminal case, an appeal throws the whole case open for review, and it becomes the duty of the appellate court to correct such errors as may be found in the judgment appealed from, whether they are made the subject of the assignment of errors or not. (People v. Michael Lindo y Vergara, G.R. No. 189818, 2010)

Note: Accused’s release on parole does not affect his appeal.

FOR PURPOSES OF APPEAL

General Rule: Final judgments dispose of, adjudicate, or determine the rights of the parties and leave nothing to be adjudicated upon. Only final judgments can be the subject of an appeal.

Who May Appeal

General Rule: Any party may appeal from a judgment or final order.

Review discretionary

A review is not a matter of right, but of sound judicial discretion and will be granted only when there are special and important reasons thereof. (Rule 45, Sec. 6)

The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the reasons which will be considered:

• When the court a quo (the court “from which”) has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decision of the Supreme Court; or
• When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision.