Benefit of acquittal of co-accused on appeal

Dear PAO,

My brother entered a guilty plea to a lesser offense under a plea bargaining arrangement. Recently, we discovered that his co-accused, who were facing the same charges as my brother, were acquitted on appeal. Please clarify if my brother might also benefit from this acquittal.

Mike

Dear Mike,

The answer to your question is yes. Your brother may benefit from the subsequent acquittal on appeal of his other co-accused. To elucidate this point, allow me to lead your attention to the pertinent rules and jurisprudence.

To begin with, Section 11 (a) of Rule 122 of the Rules of Court provides that:

«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;" (Emphasis and underscoring supplied)

Applying the afore-mentioned rules of procedure, the Supreme Court, through Associate Justice Maria Filomena Singh in the recent case of People v. Cordova (GR 267265, Jan. 24, 2024), citing previous jurisprudence, held that despite the previous finality of judgment against one of several accused who plea bargained, he or she may still be benefited by the subsequent acquittal of his or her co-accused on appeal, viz.:

«The records of the case reveal that Del Rosario was one of Edwin's and Taladua's co-accused in the case before the RTC. However, before the presentation of the prosecution's evidence, Del Rosario filed a Motion to Plea Bargain, praying that she be allowed to withdraw her 'not guilty' plea of violation of Section 11, Article II of R.A. No. 9165, and instead enter a plea of guilty to violation of Section 12, Article II of R.A. 9165 in accordance with A.M. No. 18-03-16-SC. Del Rosario's Motion to Plea Bargain was granted by the RTC, in its Order, dated March 25, 2019, and convicted her of the lesser offense of violation of Section 12, Article II of R.A. No. 9165.

»The Court rules that notwithstanding the finality of Del Rosario's conviction, she must benefit from the subsequent acquittal of her co-accused pursuant to Section 11 (a), Rule 122 of the Rules of