N. Appeal (Rule 122)

EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED

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 him.

Appeal of the offended party of the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.

Upon perfection of appeal, the execution of judgment or final order appealed from shall be stayed as to the appealing party (Rule 122, Sec. 11)

NOTE: In People v. Olivo (G.R. No. 177768, 2009), an accused has benefitted from the acquittal of his co-accused despite the former’s failure to appeal from the judgment.