Can the court increase the penalty in an appeal in a criminal case filed by the accused?
Yes. The court can increase the penalty in an appeal in a criminal case filed by the accused. This is in view of the fact that the entire case is open for review when an accused files an appeal. The principle of double jeopardy does not apply because it is the accused who is appealing the conviction. As held in the case of People vs. X X X, G.R. No. 262846, 18 February 2025:
“The right of an accused against being placed twice in jeopardy for the same crime is guaranteed by our Constitution. Thus, the Court has consistently recognized the finality-of-acquittal rule, which ordains that a verdict of acquittal is immediately final and that a review of the merits of an acquittal places the accused in double jeopardy.58 This rule prevents the State, through the prosecution, from appealing acquittals or seeking a more severe penalty on appeal. X x x
Significantly, the finality of acquittal rule is a proscription against the State, and does not apply when it is the accused who appeals their conviction. As stated earlier, an appeal in a criminal case throws the entire case open for the appellate court’s review. The appellate court is then called on to render such judgment as law and justice dictate, whether favorable or unfavorable to the accused-appellant. X x x
For clarity, the Court declares that the doctrine laid down in Balunsat is hereby abandoned. The rule must be emphasized that when the accused appeals from the judgment in a criminal case, the entire case is open for review. Such comprehensive review may result, as law and justice dictate, in a heavier penalty. The Court may, as in this case, reverse the downgrading of the offense where it finds guilt beyond reasonable doubt for the crime carrying the more severe penalty. On the other hand, where it is the State seeking the review of an acquittal or a higher penalty, the constitutional safeguard against double jeopardy may rightfully be invoked. In these cases, the burden is on the State to prove that the judgment of acquittal or the judgment imposing a lesser penalty was handed down in violation of the prosecution’s due process rights, such that the trial of the accused was a sham, or the prosecution was denied the opportunity to controvert or check the veracity of the evidence presented.”
27 May 2025
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