G.R. No. 191616 April 18, 2016
People of the Philippines vs PO2 Valdez
G.R. No. 175602 February 13, 2013
Facts: The two accused were tried for three counts of murder by the Regional Trial Court (RTC), Branch 86, in Quezon City. On January 20, 2005, after trial, the RTC convicted them as charged, prescribed on each of them the penalty of reclusion perpetua for each count, and ordered them to pay to the heirs of each victim P93,000.00 as actual damages, P50,000.00 as civil indemnity, and P50,000.00 as moral damages. The Court of Appeals (CA) upheld the RTC on July 18, 2006, subject to the modification that each of the accused pay to the heirs of each victim P50,000.00 as civil indemnity, P50,000.00 as moral damages, P25,000.00 as temperate damages, and P25,000.00 as exemplary damages, plus costs of suit. The two accused then came to the Court on final appeal, but on May 9, 2007, Edwin Valdez filed a motion to withdraw appeal, which the Court granted on October 10, 2007, thereby deeming Edwin’s appeal closed and terminated. On January 18, 2012, the Court promulgated its judgment on the appeal of PO2 Eduardo Valdez, finding him guilty of three counts of homicide, instead of three counts of murder, and meting on him for each count of homicide the indeterminate sentence of 10 years of prision mayor as minimum to 17 years of reclusion temporal as maximum. Subsequently, Edwin sent to the Court Administrator a self- explanatory letter dated March 12, 2012, where he pleaded for the application to him of the judgment promulgated on January 18, 2012 on the ground that the judgment would be beneficial to him as an accused.
Issue: Whether or not the judgement by the appellate court downgrading the penalty of Edwin’s co-accused is applicable to him.
Held: Yes. On his part, Edwin cannot be barred from seeking the application to him of the downgrading of the crimes committed (and the resultant lighter penalties) despite the finality of his convictions for three counts of murder due to his withdrawal of his appeal. The downgrading of the crimes committed would definitely be favorable to him. Worth pointing out is that to deny to him the benefit of the lessened criminal responsibilities would be highly unfair, considering that this Court had found the two accused to have acted in concert in their deadly assault against the victims, warranting their equal liabiliy under the principle of conspiracy.
We grant Edwin’s plea based on Section 11(a), Rule 122 of the Rules of Court, which relevantly provides:
Section 11. Effect of appeal by any of several 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.
A literal interpretation of the phrase “did not appeal,” as espoused by private respondent, will not give justice to the purpose of the provision.
It should be read in its entirety and should not be myopically construed so as to defeat its reason, i.e., to benefit an accused who did not join in the appeal of his co-accused in case where the appellate judgment is favorable. In fact, several cases rendered by the Court applied the foregoing provision without regard as to the filing or non-filing of an appeal by a co- accused, so long as the judgment was favorable to him.