Remedial Law, 2022 Bar — Question II-7
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Alex, Bobbie, and Gabbie were charged with the crime of Murder. Finding them to have acted in conspiracy, the Regional Trial Court (RTC) convicted them of Homicide. Only Bobbie appealed the conviction with the Court of Appeals (CA). Consequently, an entry of judgment was issued as against Alex and Gabbie. Subsequently, the CA modified Bobbie’s conviction from Homicide to Murder. In the same judgment, the CA likewise modified Alex and Gabbie’s conviction from Homicide to Murder. Upon learning of the CA’s decision, Alex and Gabbie confronted Bobbie, saying: “Bakit ka pa ba nag-appeal? Tumaas tuloy ang sentensya namin. Nadamay pa kami!” Bobbie snapped back: “Bakit parang galit kayo? Pero bakit kasalanan ko? Parang kasalanan ko?” Was the CA correct in modifying the judgment as to Alex and Gabbie? Explain briefly.
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