to suffer the penalty of imprisonment for an indeterminate period of six (6) years
and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8)
months, and one (1) day of reclusion temporal, as maximum, and ordered to
solidarity pay BBB's heirs the amounts of P50,000.00 as civil indemnity, P50,000.00
as moral damages, and P25,000.00 as temperate damages. In addition, accusedappellants are likewise ordered to pay legal interest of six percent (6%) per annum
on all monetary awards from date of finality of judgment until fully paid.[20]
It held that the prosecution had proven beyond reasonable doubt accusedappellants' complicity to the crimes charged, as they were positively identified by
AAA who had an unobstructed view of their appearance when said crimes were
being committed. It likewise found the existence of conspiracy in the commission of
said crimes, considering that accused-appellants: (a) cooperated in stabbing and
mauling BBB, resulting in her death; and (b) took turns in having carnal knowledge
of AAA without her consent, while the other restrained her arms to prevent her
from resisting.[21]
Hence, the instant appeal.
The Issue Before the Court
The core issue for the Court's resolution is whether or not accused-appellants are
guilty beyond reasonable doubt of the aforesaid crimes.
The Court's Ruling
At the outset, the Court notes that during the pendency of the instant appeal,
Alejandro filed a Motion to Withdraw Appeal[22] dated January 19, 2017, stating that
despite knowing the full consequences of the filing of said motion, he still desires to
have his appeal withdrawn. In view thereof, the Court hereby grants said motion,
and accordingly, deems the case closed and terminated as to him. Thus, what is left
before the Court is the resolution of Angeles's appeal.
In criminal cases, "an appeal throws the entire case wide open for review and the
reviewing tribunal can correct errors, though unassigned in the appealed judgment,
or even reverse the trial court's decision based on grounds other than those that
the parties raised as errors. The appeal confers the appellate court full jurisdiction
over the case and renders such court competent to examine records, revise the
judgment appealed from, increase the penalty, and cite the proper provision of the
penal law."[23]
Proceeding from the foregoing, the Court deems it proper to modify accusedappellants' convictions, as will be explained hereunder.