Thursday, February 29, 2024

Effect of appeal

 "It is well-settled that in criminal cases, an appeal throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision based on grounds other than those that the parties raised as errors. The appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law.42


Guided by the foregoing considerations, and as will be explained hereunder, the Court: (a) affirms accused-appellants' and their co-accused's conviction for Kidnapping for Ransom with Homicide of Dr. Andres, Sr.; and (b) acquits accused-appellants and their co-accused, except for Antonio, for the Murder of Major Arcega."


G.R. No. 242696, November 11, 2020 


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZALDY BERNARDO Y ESPIRITU, MONROY FLORES Y CORPUZ, JESUS TIME Y CABESA, GILBERT PACPACO Y DIRECTO, GILBERT RAMIREZ Y DUNEGO, DANNY CORTEZ Y DONIETO, ROGELIO ANTONIO Y ABUJUELA, TOMMY CABESA Y VILLEGAS, AND MILA ANDRES GALAMAY, ACCUSED,


ZALDY BERNARDO Y ESPIRITU, MONROY FLORESYCORPUZ, DANNY CORTEZ Y DONIETO, AND MILA ANDRES GALAMAY, ACCUSED-APPELLANTS.


https://lawphil.net/judjuris/juri2020/nov2020/gr_242696_2020.html






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