5. Appeal and Review

3. Appeal

a. Judgments and Final Orders appealable b. Matters not appealable c. Modes of appeal d. Period to appeal e. Perfection of appeal f. Issues to be raised

g. Appeal from judgments or final orders of the Municipal Trial Courts to the Regional Trial Court (RULE 40) h. Appeal from judgments or final orders of the Regional Trial Courts (RULE 41) i. Petition for Review from the Regional Trial Courts to the Court of Appeals (RULE 42) j. Review of final judgments or final orders of quasi-judicial bodies (RULE 43) k. Appeal by certiorari to the Supreme Court (RULE 45) l. Review of Judgments or Final Orders of the Commission on Audit and Commission on Elections (Rule 64)

Appeal and Probation

GR: No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction (Sec. 1, RA 10707).

Appeal and probation are mutually exclusive remedies. Implicit in an application for probation is an admission of guilt (Almero v. PP, G.R. No. 188191, 2014).

XPN: When a judgment of conviction imposing a nonprobationable penalty is appealed or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final (Sec. 1, RA 10707).