13/05/2025
When an accused appeals his conviction, he throws the entire case open for review, including the propriety of the penalty. The appellate court is not bound by the lower courtโs findings and may even impose a heavier penalty if warranted.
The (SC) has reiterated that when an accused appeals a criminal conviction, the entire case is reopenedโallowing the court to review all its aspects and even impose a higher penalty.
In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC ๐๐ฏ ๐๐ข๐ฏ๐ค denied the appeal of an accused who had been convicted of r**e and unjust vexation. The SC affirmed the finding of r**e, but modified the finding of unjust vexation to attempted r**e, which carries a heavier penalty.
In 2013, the victim, then 16 years old, was sexually violated twice by her father, the accused ###. During the second incident, the victim kneed ### in the stomach as he was about to climb on top of her with his ge****ls exposed, forcing him to leave the room.
Convicted by both the trial court and the Court of Appeals of r**e for the first incident and unjust vexation for the second incident, ### appealed to the SC.
While the SC upheld ###โs conviction for r**e, it found him guilty of attempted r**e as regards the second incident, which carries a heavier penalty than unjust vexation.
The SC acknowledged that in several earlier decisions, it had limited its review of appeals to avoid violating the accusedโs right against double jeopardy, which prohibits a person from being prosecuted or punished more than once for the same offense.
In the 2010 case of ๐๐ฆ๐ฐ๐ฑ๐ญ๐ฆ ๐ท. ๐๐ข๐ญ๐ถ๐ฏ๐ด๐ข๐ต, the SC said it could no longer review the Court of Appealsโ decision to downgrade the conviction from attempted r**e to acts of lasciviousness, as this amounted to an acquittal of the more serious charge.
However, in the present case, the SC held that ๐๐ข๐ญ๐ถ๐ฏ๐ด๐ข๐ต was incorrect in invoking the accused's right against double jeopardy.
When the accused appeals a conviction, they waive this right and open the entire case for reviewโincluding the possibility of a heavier penalty. In contrast, when it is the State that seeks to challenge an acquittal or request a harsher penalty, the accused may rightfully invoke the protection against double jeopardy.
Read the full text of the Press Release at https://tinyurl.com/4nkwwe5c.
Read the full text of the Decision at https://tinyurl.com/3pmbffmt.
Copying of this content is subject to the SC PIOโs Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.
