Losing appeals can be meted higher penalties, says SC

The Supreme Court (SC) has ruled that appellate courts have the authority to increase penalties for convicted individuals who file appeals.

In a statement, the SC reiterated that when a defendant appeals a criminal conviction, the entire case is reopened for review, which could result in a higher penalty than the original sentence.

In a decision penned by Associate Justice Antonio T. Kho Jr. and dated 18 February 2025, the Supreme Court En Banc denied the appeal of a man who was initially charged with unjust vexation but later faced a case of attempted rape.

The ruling overturns the precedent set in the 2010 case of People v. Balunsat, which had limited reviewing courts from increasing penalties on appeal to protect defendants from double jeopardy, the legal principle preventing an individual from being tried or punished more than once for the same crime.

It also acknowledged its previous rulings that aimed to limit appellate review to avoid double jeopardy.