Change of Theory on Appeal

The People contends that accused-appellant should not be allowed to change his theory on appeal. We do not agree. An appeal in a criminal case opens the whole action for review on any question including those not raised by the parties (People vs. Villaruel, 261 SCRA 386 (1996); People vs. Godines, 196 SCRA 765 [1991]; People vs. Villagracia, 226 SCRA 374 [1993]; see also Tabuena vs. Sandiganbayan, 268 SCRA 332 [1997]). The reason for this rule is that every circumstance in favor of the accused should be considered (Sacay vs. Sandiganbayan, 142 SCRA 593 [1986]). (People v. Yam-Id, G.R. No. 126116, June 21, 1999).

As a rule, a change of theory cannot be allowed. However, when the factual bases thereof would not require presentation of any further evidence by the adverse party in order to enable it to properly meet the issue raised in the new theory, as in this case, the Court may give due course to the petition and resolve the principal issues raised therein (Canlas v. Tubil, G.R. No. 184285, September 25, 2009).