This case has been cited 1 times or more.
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2000-03-15 |
DAVIDE JR., C.J. |
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| At any rate, even if Flora and Millamina did not pursue their appeal, the acquittal of FRONDA and our finding that the prosecution has not established the guilt of all the accused beyond reasonable doubt must, perforce, benefit Flora and Millamina.[33] First, neither the charge of conspiracy nor their individual liability was proved beyond reasonable doubt. Second, under Section 11 (a), Rule 122 of the Rules on Criminal Procedure, an "[a]ppeal taken by one or more of several accused shall not affect those who did not appeal, except in so far as the judgment of the appellate court is favorable and applicable to the latter." After all, the grant of suspended sentence to accused Flora and Millamina does not mean that they are already exonerated from the crime charged; only that the pronouncement of judgment and the service of sentence are suspended[34] until their return to court for final disposition depending on their conduct and the progress of rehabilitation.[35] Should the criminal case against them be dismissed based on their observance of good conduct, it would only mean that they would suffer no penalty.[36] | |||||