Decision
44
G.R. No. 224469
Section 11. Effect of appeal by any ofseveral accused. -
(a) An appeal taken by one or more of several accused shall not affect those
who did not appeal, except insofar as the judgment of the appellate court is
favorable and applicable to the latter;
Considering the afore-cited rule, a favorable judgment - as here - shall
benefit accused Demetrio who did not appeal. For as stated, an appeal in a
criminal proceeding throws the whole case open for review of all its aspects,
including those not raised by the parties. 109 Thus, although it is only
petitioners who persisted with the present appeal, the Court may still pass
upon the issue of whether their co-accused Demetrio should also be
exonerated, especially since the evidence and arguments against and the
conviction of petitioners, on the one hand, arid accused Demetri 0, on the other,
are inextricably linked. 110
So must it be.
Disposition
ACCORDINGLY, the petition is GRANTED. The Decision dated
May 29, 2015 and Resolution dated April 11, 2016 of the Court of Appeals
in CA-G.R. CR No. 33906 are REVERSED and SET ASIDE~ Petitioners
DIOSDADO SAMA y HINUPAS, BANDY MASANGLAY y
ACEVEDA and accused Demetrio Masanglay y Aceveda are
ACQUITTED on reasonable doubt in Criminal Case No. CR-05-8066.
SO ORDERED.
AMY1t~ER
Associate Justice
WE CONCUR:
109
See People v. Merced, 827 Phil. 473,492 (2018).
uo See Lim v. Court ofAppeals, 524 Phil. 692 (2006)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents