G.R. No. 170289 April 8, 2010
Quidet and the other two accused were charged with homicide for the death of a victim and frustrated homicide for the stab wounds sustained by another victim. The RTC convicted all of them for the said offense. Of the three accused, only Quidet appealed. The CA confirmed the decision of RTC but with modification. The CA convicted them for attempted homicide instead of frustrated homicide.
Whether or not the favorable appeal of Quidet will extend to the other two accused who did not appeal.
YES. Although they did not appeal their conviction, this part of the appellate courts judgment is favorable to them, thus, they are entitled to a reduction of their prison terms. The rule is 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.