QUIDET vs. PEOPLE 618 SCRA 1

QUIDET vs. PEOPLE 618 SCRA 1
 
FACTS:
In 1992, petitioner Quidet among others (Taban and Tubo) were charged with homicide before the RTC of Misamis Oriental. On October 19, 1991, petitioner together with coaccused conspiring, confederating, and [sic] helping one another, taking advantage of the darkness of the night, in order to facilitate the commission of the offense with the use of sharp pointed instruments, stab one Jimmy Tagarda thus the victim sustained several wounds in different parts of his body and as a consequence of which the victim died immediately thereafter. The trial court found that the stabbing of Jimmy and Andrew was previously planned by the accused. The active participation of all three accused proved conspiracy in the commission of the crimes. 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.
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 ISSUE:
Whether or not, the favorable appeal of Quidet will extend to the other two accused who did not appeal.
 
HELD:
Yes, Although Taban and Tubo did not appeal their conviction, this part of the appellate court's judgment is favorable to them. The Supreme Court held that the CA correctly modified the decision. The crime committed was attempted homicide and not frustrated homicide because the stab wounds that Andrew sustained were not life-threatening. 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.