People of the Philippines v.

Josefino Fernandez and Joven Pitogo

Josefino Fernandez and Joven Pitogo were charged in an information for

violation of violation of sec. 4 art 2 of RA 6425 (Dangerous Drugs Act of 1972)-
Sale, Administration, Delivery, Distribution and Transportation of Prohibited
Drugs. before the RTC of Calamba, Laguna. Both were arraigned and plead not
guilty.
However, during the trial, accused Fernandez did not appear and the case
was tried in his absence. After the trial, the RTC convicted both accused of the
crime charged. Only Pitogo appeared during the promulgation of judgment; the
RTC issued an arrest order for Fernandez.
Thereafter, Pitogo filed an appeal. During the appeal, the Supreme court found
doubt in the decision of the RTC due to the inconsistencies in the testimony of
the prosecutions witness.

Issue: Whether or not an accused who escaped/jumped bail may be included in

the judgment on the appeal of his co-accused.

Held: Yes, if the judgment is applicable and favorable to the accused. While, in
effect, he committed an act of defiance of the law by escaping, we are not without
other prior incidents where such undesirable conduct, which should not be
condoned, has sometimes been ascribed to a sense of desperation of those who
believe they are guiltless but fear that they cannot prove their innocence. While
we castigate and reprove his jumping bail and remaining at large up to now, we
have to concede, however, that our disquisition in this case is applicable and
favorable to him, hence he is affected by and shall benefit from the acquittal that
we hand down in this appeal.