Benefit of acquittal of co-accused on appeal
Dear PAO,My brother entered a guilty plea to a lesser offense under a plea bargaining arrangement. Recently, we discovered that his co-accused, who were facing the same charges as my brother, were acquitted on appeal. Please clarify if my brother might also benefit from this acquittal.MikeDear Mike,The answer to your question is yes. Your brother may benefit from the subsequent acquittal on appeal of his other co-accused.
'The Court rules that notwithstanding the finality of Del Rosario's conviction, she must benefit from the subsequent acquittal of her co-accused pursuant to Section 11 , Rule 122 of the Rules of Court xxx'Based on the above provision, a favorable judgment such as an acquittal 'shall benefit the co-accused who did not appeal or those who appealed from their judgments of conviction but for one reason or another, the conviction became final and executory.
Of Acquittal Of Co-Accused On Appeal
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