Short answer. Rule 45 applies to both civil and criminal cases, except criminal cases where the penalty imposed is death, reclusion perpetua, or life imprisonment — those follow a different mode of review rather than an ordinary Rule 45 petition. Confirming which category your case falls into before filing is essential, since the wrong mode of appeal can be fatal.

What the law says

The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.

Rule 45, Section 9 — Rule applicable to both civil and criminal cases. Read the full provision →

One mode of appeal, civil and criminal alike

Section 9 makes clear that the petition for review on certiorari is not confined to civil disputes. The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases — a criminal conviction can, generally, be brought up through the same Rule 45 procedure used for civil judgments. That means the same fifteen-day period, the same requirement to raise only questions of law, and the same discretionary nature of review apply whether the underlying case is civil or criminal.

The carve-out for the gravest penalties

That general applicability has one specific exception: except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. Cases carrying those most severe penalties are routed differently rather than through an ordinary Rule 45 petition, reflecting how much more scrutiny the system gives to the consequences those penalties carry for the accused, given the finality and severity of what is at stake.

Rule 45 remains a discretionary mode of review

Even where a criminal case is properly brought under Rule 45, the petition is still, by its nature, a discretionary appeal limited to questions of law rather than a review that reopens the facts. That framework does not change simply because the case is criminal rather than civil; the same restrictions that confine a civil Rule 45 petition to questions of law confine a criminal one as well, unless the case falls within the excepted penalties above.

Why the distinction exists

Cases involving the gravest possible penalties call for a different, more searching mode of appellate review than the discretionary, certiorari-style petition Rule 45 otherwise provides. Confirming which category a criminal case falls into — before assuming Rule 45 is the correct vehicle — is essential, since filing under the wrong mode of appeal can be fatal to the appeal itself, potentially leaving a conviction unreviewed on a technicality that had nothing to do with its merits.

Who this leaves to a different track

The exception binds only the specific category of conviction it names — a case is routed away from Rule 45 solely because of the penalty actually imposed, not because of the offense charged or the severity a party might argue it deserves. An accused convicted of an offense carrying a lesser penalty stays within Rule 45 even if the underlying crime is serious, since it is the sentence imposed, not the charge itself, that triggers the carve-out.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.