In the Philippine adversarial system, a judgment of conviction is not necessarily the end of the legal road. The Rules of Court provide several mechanisms for an accused to challenge a trial court’s decision, ensuring that the deprivation of liberty is grounded in absolute adherence to due process and the proof of guilt beyond reasonable doubt.
I. Post-Conviction Remedies: The Direct Challenges
Once a Promulgation of Judgment has occurred, the accused has several avenues to contest the finding of guilt before the decision becomes final and executory.
1. Motion for New Trial
Under Rule 121, at any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance with the consent of the accused, grant a new trial based on:
- Errors of Law or Irregularities: Serious errors committed during the trial that are prejudicial to the substantial rights of the accused.
- Newly Discovered Evidence: Evidence that was discovered after trial, which the accused could not have discovered and produced at the trial even with the exercise of reasonable diligence, and which is of such weight that it would probably change the judgment.
2. Motion for Reconsideration
Also under Rule 121, this is filed on the ground of errors of law or fact in the judgment. Unlike a New Trial, this does not require further proceedings; the court simply re-examines its existing records to determine if a reversal or modification is warranted.
3. Appeal
The primary remedy against a conviction is an appeal. The nature of the appeal depends on the court that rendered the decision:
- From RTC to Court of Appeals (CA): Via a Notice of Appeal (for cases decided in the RTC’s original jurisdiction) or a Petition for Review under Rule 42 (for cases decided by the RTC in its appellate jurisdiction).
- From CA to the Supreme Court: Via a Petition for Review on Certiorari under Rule 45, which is limited strictly to questions of law.
II. Bail Pending Appeal: The "Right vs. Discretion" Rule
Bail is generally a matter of right before conviction by the Regional Trial Court. However, once a conviction is handed down, the rules change significantly under Rule 114, Section 5.
1. When Bail is a Matter of Right
If an accused is convicted of an offense not punishable by death, reclusion perpetua, or life imprisonment by a lower court (e.g., Municipal Trial Court), bail remains a matter of right pending appeal to the RTC.
2. When Bail is Discretionary
For convictions by the RTC of offenses not punishable by death, reclusion perpetua, or life imprisonment, the court has the discretion to allow bail. The accused may be allowed to continue on their provisional liberty under the same bail bond, subject to the consent of the bondsman, or may be required to file a new bail bond.
3. The "Five Circumstances" (The Bail Negation Rule)
Even if the offense is non-capital, the court must deny bail or cancel an existing one if the prosecution proves any of the following "recidivist" or "danger" factors:
- That the accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
- That the accused has previously escaped from legal confinement, evaded sentence, or violated the conditions of their bail without valid justification;
- That there is a probability that the accused may commit another crime while on bail;
- That there is a undue risk that the accused may abscond; or
- That the circumstances of the accused or the case indicate the probability of flight if released on bail.
III. Convictions for Capital Offenses
If the accused is convicted of an offense punishable by Death, Reclusion Perpetua, or Life Imprisonment, bail is never a matter of right.
- If the evidence of guilt is strong, bail is denied.
- In cases where the RTC imposes a penalty of Reclusion Perpetua, the accused is immediately stepped up (committed to prison) regardless of a pending appeal, as the conviction carries a presumption that the evidence of guilt is strong.
IV. The "Finality of Judgment" Bar
The period to appeal or file for a new trial/reconsideration is fifteen (15) days from the promulgation of judgment.
- Waiver: If the accused files a "Notice of Appeal," they generally waive the right to file a Motion for New Trial/Reconsideration.
- Entry of Judgment: Once the 15-day period expires without an appeal or motion being filed, the judgment becomes final. At this point, the trial court loses jurisdiction, and the only remaining post-conviction remedies are extraordinary, such as a Petition for Habeas Corpus (if the detention is illegal) or a Petition for Annulment of Judgment (in very limited civil-related circumstances, though rarely applicable to criminal convictions except on jurisdictional grounds).
| Remedy | Ground | Timing |
|---|---|---|
| Motion for New Trial | Newly discovered evidence / Errors of law | Before finality (15 days) |
| Motion for Reconsideration | Errors of law or fact | Before finality (15 days) |
| Notice of Appeal | General challenge to conviction | Before finality (15 days) |
| Bail Pending Appeal | Discretionary (unless capital offense) | During pendency of appeal |
V. Extraordinary Remedies: The Rule on DNA Evidence
A modern addition to Philippine post-conviction remedies is the Rule on DNA Evidence. A person convicted by final and executory judgment may still file a petition for post-conviction DNA testing. If the results are favorable (exculpatory), the convict may file a Petition for Habeas Corpus before the appropriate court to overturn the conviction based on scientific proof of innocence.