Crim Pro Digest: QUIDET V. PEOPLE OF THE PHILIPPINES

QUIDET V. PEOPLE

This Petition for Review on Certiorari seeks to reverse and set aside the Court of Appeals (CA) which affirmed with modifications the March 11, 1999 Decision  of the Regional Trial Court (RTC) of Cagayan de Oro City.

petitioner Rosie Quidet (petitioner), Feliciano Taban, Jr. (Taban), and Aurelio Tubo (Tubo) were charged with homicide in Criminal Case No. 92-079 for the death of Jimmy Tagarda, stabbed, thus sustained several wounds in different parts of his body and as a consequence of which Tagarda died immediately thereafter.

On even date, the aforesaid accused were charged with frustrated homicide in Criminal Case No. 92-080 for the stab wounds sustained by Jimmys cousin, Andrew Tagarda (Andrew), arising from the same incident.

Only petitioner Quidet filed the appeal before the CA.

 While affirming RTC’s finding that the accused are liable for homicide for Jimmy Tagarda’s death, CA however, disagreed with the trial courts finding that the accused are liable for frustrated homicide with respect to the injuries sustained by Andrew. According to the CA, the accused failed to inflict mortal wounds on Andrew because the latter successfully deflected the attack. Andrew suffered only minor injuries which could have healed within five to seven days even without medical treatment. The crime committed, therefore, is merely attempted homicide.

On review, SC correctly finds CA’s modification on the crime committed.

ISSUE: If SC’s findings shall also apply to other co-accused who did not appeal?

HELD: YES.

 Although Taban and Tubo did not appeal their conviction, this part of the appellate courts judgment is favorable to them, thus, they are entitled to a reduction of their prison terms. The rule (Rule 122, Sec. 11) 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.