Practice question
Accused A appeals while co-accused B does not. The appellate court reaches a ruling favorable and equally applicable to B. Does Rule 122 categorically prohibit B from benefiting because B did not appeal?
- No; favorable and applicable appellate relief is the express exception for a nonappealing co-accused
- Yes; a nonappealing accused can never benefit
- No; therefore every adverse appellate change also automatically applies to B
- Yes; only the complainant may extend the benefit
- No; every nonappealing accused must be acquitted regardless of applicability
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri2012/oct2012/gr_192799_2012.html — Rodriguez v. People, G.R. No. 192799, October 24, 2012, MAIN resolution (fresh fifteen-day criminal appeal period after timely reconsideration).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70443 — Philippine Investment Two (SPV-AMC), Inc. v. Sebastian, G.R. Nos. 238729-30, April 8, 2026, EN BANC MAIN decision (independent assessment on withdrawal and prior arrest probable-cause finding).
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