Appeal taken by other accused shall not affect those who did not appeal

The present rule 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. Our pronouncements here with respect to petitioner Felix Ladino, his co-accused, are definitely favorable and applicable to accused Restituto Amistad. He should not therefore be treated as the odd man out, but should also benefit form the more beneficial indeterminate sentence that we shall impose. In fact, under similar conditions and on the same ratiocination, the aforecited Rule has justified the extension of our judgment of acquittal to the co-accused who failed to appeal from the judgment of the trial court which we subsequently reversed. [G.R. No. 123991. December 6, 1996]