G.R. No. L-31102
May 5, 1979
CASE PRINCIPLE
Judgment resulting from appeal is binding only to the accused who filed the appeal. It is not binding to the other co-accused who has withdrawn their appeal.
FACTS
An Information for murder was filed against the three accused. Upon arraignment in 1964, all of the accused pleaded not guilty. At the trial, the prosecution presented its evidence. Thereafter, the sala became vacant for four years. It was only in 1968 that the defense presented its evidence. Later on, the trial court convicted the three accused.
The three accused appealed before the Court of Appeals. In view of the penalty involved, the records were forwarded to the Supreme Court. After the case had been submitted for decision, appellants Felipe Dueño and Sofronio Dueño, respectively, withdrew their appeals. Hence, only the appeal of accused-appellant Andresito Belonio is under review.
ISSUE
Whether or not the judgment resulting from the appeal is binding to the other co-accused who withdrew their appeal.
RULING
No. A judgment of the Supreme Court in an appealed criminal case is binding only upon the accused who pursued his appeal to finality and not to his co-accused who withdrew their appeals, with the consent of the Court, after the case was submitted for decision. As regards the accused who withdrew their appeals, the judgment of the trial court is final and executory as to them.
Hence, the decision of the Supreme Court which affirmed the conviction of the accused as well as raising the civil indemnity from P6,000 to P12,000 is binding only to Belonio – the person who filed an appeal. The decision is not binding to the other co-accused (i.e. Felipe & Sofronio Dueño).