In all criminal prosecutions, the accused shall have the right to appeal in the manner prescribed by law.
While this right is statutory, once it is granted by law, however, its suppression would be a violation of due process, itself a right guaranteed by the Constitution.
Section 3(a), Rule 122 of the Rules of Criminal Procedure states:
“Section 3. How appeal is taken. –
(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its [original jurisdiction], shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party. (Emphasis supplied).
WILLY TAN Y CHUA vs. PEOPLE OF THE PHILIPPINES, G.R. No. 148194, April 12, 2002
VITUG, J
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