APPEAL, EFFECT OF.

"Nevertheless, this Court deems it proper to MODIFY THE PENALTY. In criminal cases, an APPEAL "THROWS THE WHOLE CASE OPEN FOR REVIEW[.] The underlying principle is that ERRORS in an appealed judgment, EVEN IF NOT SPECIFICALLY ASSIGNED, MAY BE CORRECTED MOTU PROPRIO by the court if the consideration of these errors is necessary to arrive at a JUST RESOLUTION of the case."48

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. PIO SALEN, JR. Y SENA, ACCUSED-APPELLANT. G.R. No. 231013, January 29, 2020.