In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.

"Accused-appellant availed of the
wrong remedy

Procedurally, it must be noted that accused-appellant availed of the wrong remedy in questioning the May 8, 2018 CA Decision before this Court.

He filed a notice of appeal pursuant to Sec. 13(c), Rule 124 of the 2000 Revised Rules of Court, as amended by A.M. No. 00-5-03-SC, which provides:

SECTION 13. Certification or Appeal of Cases to Supreme Court. —

x x x x

(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.

Here, the CA Decision annulled and set aside the RTC conviction and ordered the remand of the case to the RTC for further proceedings. Notably, the assailed CA Decision did not affirm the conviction or the penalty imposed by the RTC. Thus, Sec. 13(c), Rule 124 is not applicable to the case at bench.

Instead, accused-appellant should have filed an appeal by certiorari under Rule 45 of the Rules of Civil Procedure to assail the CA Decision pursuant to Sec. 3(e), Rule 122 of the 2000 Revised Rules, which expressly provides that "[e]xcept as provided in the last paragraph of Sec. 13, Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rule 45."

Accordingly, the remedy available to accused-appellant to question the CA Decision is an appeal by certiorari under Rule 45 of the Rules of Civil Procedure. It is an oft-repeated rule that appeals of criminal cases shall be brought to the Court by filing a petition for review on certiorari under Rule 45 of the Rules of Court except when the CA imposed a penalty of reclusion perpetua or life imprisonment, in which case the appeal shall be made by a mere notice of appeal before the CA.36 Evidently, accused-appellant availed of the wrong remedy when it filed a notice of appeal to question the May 8, 2018 CA Decision.

Nonetheless, this Court, in the interest of substantial justice, shall treat the instant ordinary appeal as an appeal by certiorari so as to resolve the substantive issues with finality."


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BRENDO P. PAGAL, A.K.A. "DINDO," ACCUSSED-APPELLANT. G.R. No. 241257, September 29, 2020, EN BANC.

https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html