This case has been cited 1 times or more.
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2009-07-27 |
QUISUMBING, J. |
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| Be that as it may, the present rule is that an appeal taken by one or more 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.[27] Our pronouncements here with respect to the insufficiency of the prosecution evidence to convict appellants beyond reasonable doubt are definitely favorable and applicable to accused Joey Zafra. He should not therefore be treated as the odd man out and should benefit from the acquittal of his co-accused. In fact, under similar conditions and on the same ratiocination, Section 11(a), Rule 122 of the Rules of Court has justified the extension of our judgment of acquittal to the co-accused who failed to appeal from the judgment of the trial court which we subsequently reversed.[28] | |||||