On

 Effect of appeal by any of several accused


Section 11.


(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;


(b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.


(c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party. 


Bar Exam Question (1998)


Bail; Appeal (1998)


In an information charging them of Murder, policemen A, B and C were convicted of Homicide. A appealed from the decision but B and C did not. B started serving his sentence but C escaped and is at large. In the Court of Appeals, A applied for bail but was denied. Finally, the Court of Appeals rendered a decision acquitting A on the ground that the evidence pointed to the NPA as the killers of the victim.


1. Was the Court of Appeal's denial of A's application for bail proper? 

2. Can B and C be benefited by the decision of the Court of Appeals?


Suggested Answer:


1. Yes, the Court of Appeals properly denied A's application for bail. The court had the discretion to do so. Although A was convicted of homicide only, since he was charged with a capital offense, on appeal he could be convicted of the capital offense. (Obosa vs. Court of Appeals, 266 SCRA 281.)


Alternative Answer:


Under Circular No. 2-92, A is entitled to bail because he was convicted of homicide and hence the evidence of guilt of murder is not strong.


2. B, who did not appeal, can be benefited by the decision of the Court of Appeals which is favorable and applicable to him. (Sec. 11 [a]. Rule 122, Rules of Criminal Procedure.) The benefit will also apply to C even if his appeal is dismissed because of his escape.