“For the guidance of the bench and bar, the Court pronounces that since the enactment of R.A. No. 9346, in 2006, prohibited the imposition of the death penalty, the procedure on automatic review of death penalty cases under Rule 122 of the Rules of Court has been rendered ineffective and is, thus, suspended. The suspension of the procedure on automatic review of death penalty cases shall not, however, impact the manner of imposing penalties in view of R.A. No. 9346, and shall remain only during such time that R.A. No, 9346 is in effect.
Considering further that criminal cases imposed with the penalty of reclusion perpetua of life imprisonment have still been elevated motu proprio to the appellate courts for automatic review, the Court adopts the following guidelines:
- In cases where the prescribed penalty is death, but where reclusion perpetua or life imprisonment was imposed by reason of R.A. No. 9346, appeal shall be made by filing a notice of appeal either before the Regional Trial Court or the Court of Appeals, as the case may be, pursuant to Section 3 (c), Rule 122 of the Rules of Court.
- In cases where the penalty of reclusion perpetua or life imprisonment is imposed not by reason of R.A. No. 9346, appeal shall be made by filing a notice of appeal either before the Regional Trial Court or the Court of Appeals, as the case maybe, pursuant to Sec. 3(c), Rule 122 of the Rules of Court.
- When the case records of a criminal case imposing the penalty of reclusion perpetua or life imprisonment , whether due to R,.A. No. 9346 or not, are elevated motu prorpio for automatic review, the following rules shall apply:
- If the order to elevate the records for automatic review was issued beyond fifteen (15) days after the promulgation of the judgment or notice of appeal and the accused did not file a notice of appeal within the same period, the automatic review shall not be given due course. The Court of Appeals or the Supreme Court shall issue an order of finality of judgment
.
- If the order to elevate the records for automatic review was issued within fifteen (15) days after the promulgation of the judgment or notice of final order, the Court of Appeals or the Supreme Court shall issue an order requiring the accused within ten (10) days from receipt thereof to manifest whether they are adopting the order to elevate the records as their notice of appeal. If the accused shall refuse to adopt or fail to timely manifest despite due notice, they shall be deemed to have waived their right to appeal, and the Court of Appeals or the Supreme Court shall issue an order of finality of judgment.
- In cases where the penalty of reclusion perpetua or life imprisonment is imposed and the accused files a petition for review on certiorari under Rule 45 of the Rules of Court, only questions of law may be raised. However, based on the interests of substantial justice, a petition for review on certiorari that raises questions of fact may be treated as an ordinary appeal in order to throw the whole case open for review.”[1]
[1] People v. Olpindo, G.R. No. 252861, February 15, 2022