This case has been cited 3 times or more.
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2015-07-01 |
MENDOZA, J. |
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| Hence, an accused, upon whom the penalty of reclusion perpetua or life imprisonment had been imposed by the CA, can simply file a notice of appeal to allow him to pursue an appeal as a matter of right before the Court. An appeal in a criminal case opens the entire case for review on any question including one not raised by the parties.[32] Section 13(c), Rule 124 recognizes the constitutionally conferred jurisdiction of the Court in all criminal cases in which the penalty imposed is reclusion perpetua or higher.[33] | |||||
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2014-11-26 |
PERALTA, J. |
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| An appeal in a criminal case opens the entire case for review on any question including one not raised by the parties.[12] When an accused appeals from the sentence of the trial court, he or she waives the constitutional safeguard against double jeopardy and throws the whole case open to the review of the appellate court, which is then called upon to render such judgment as law and justice dictate.[13] An appeal confers upon the appellate court jurisdiction to examine the records, revise the judgment appealed from, increase (or reduce) the penalty, and cite the proper provision of the penal law.[14] The appellate court may, and generally does, look into the entire records to ensure that no fact of weight or substance has been overlooked, misapprehended, or misapplied by the trial court.[15] | |||||
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2014-11-26 |
PERALTA, J. |
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| An appeal in a criminal case opens the entire case for review on any question including one not raised by the parties.[12] When an accused appeals from the sentence of the trial court, he or she waives the constitutional safeguard against double jeopardy and throws the whole case open to the review of the appellate court, which is then called upon to render such judgment as law and justice dictate.[13] An appeal confers upon the appellate court jurisdiction to examine the records, revise the judgment appealed from, increase (or reduce) the penalty, and cite the proper provision of the penal law.[14] The appellate court may, and generally does, look into the entire records to ensure that no fact of weight or substance has been overlooked, misapprehended, or misapplied by the trial court.[15] | |||||