GR 129756; (January, 2001) (Digest)
G.R. Nos. 129756-58. January 19, 2001.
People of the Philippines vs. Julian Escaño y Deen, Virgilio Usana y Tome, and Jerry Lopez Casabaan.
FACTS
Accused Julian Escaño, together with Virgilio Usana and Jerry Lopez, was charged with violation of the Dangerous Drugs Act in Criminal Case No. 95-936. The trial court convicted all three accused. While Usana and Lopez appealed their conviction, Escaño initially filed a Notice of Appeal but subsequently withdrew it, making his conviction final and executory.
The Supreme Court, in its Decision dated January 28, 2000, acquitted appellants Usana and Lopez on the ground of reasonable doubt. Following this acquittal, Escaño filed a Manifestation and Motion, praying that the Court’s favorable decision be applied to him as a co-accused who did not appeal, pursuant to Section 11(a), Rule 122 of the Rules of Criminal Procedure.
ISSUE
Whether the acquittal of the accused-appellants on appeal can be extended to benefit their co-accused, Julian Escaño, who did not pursue his appeal.
RULING
Yes. The Supreme Court granted Escaño’s motion. The legal logic is anchored on Section 11(a), Rule 122, which provides that 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. The Court found the acquittal of Usana and Lopez based on reasonable doubt to be both favorable and applicable to Escaño.
The ruling emphasizes that the appellate court’s factual findings, which led to the acquittal of the appealing accused, equally support the conclusion that the prosecution failed to prove all elements of the crime against Escaño. Since all accused were tried jointly based on the same evidence, the basis for reasonable doubt applies uniformly. Therefore, notwithstanding Escaño’s withdrawal of his appeal, the principle of justice and fairness embodied in the rules mandates that he benefit from the favorable appellate judgment rendered for his co-accused. The Court reversed his conviction and ordered his immediate release.