Double Jeopardy

Question 1

Sec. 21, Art. III.

No person shall be _____ put in ________ of punishment for the _____ offense. If an act is punished by a ___ and an _______, __________________ under either shall constitute a bar to another prosecution of the same act.

Answer 1

twice;
jeoparady;
same;
law;
ordinance;
conviction or acquittal;

Question 2

Double Jeopardy is also known as what?

Answer 2

res judicata in prison grey

Question 3

What are the elements of double jeopardy?

Answer 3

(1) the complaint or information was sufficient in form and substance to sustain a conviction;
(2) the court had jurisdiction;
(3) the accused had been arraigned and had pleaded; and
(4) the accused was convicted or acquitted, or the case was dismissed without his express consent

[People v. Atienza, G.R. No. 171671 (2012)].

Question 4

Is Double Jeopardy applicable in administrative cases?

Answer 4

NO.

[Cayao-Lasam v. Ramolet (2008)]

Question 5

Is Double Jeopardy applicable in contempt cases?

Answer 5

YES.

Acquittal effectively bars a second prosecution. [Atty. Santiago v. Hon. Anunciacion, Jr. (1990)]

Question 6

What are the ways of terminating jeopardy?

Answer 6

1. By acquittal
2. By final conviction
3. By dismissal without express consent of accused
4. By “dismissal” on the merits

Question 7

What are the requisites of double jeopardy?

Answer 7

a. Court of competent jurisdiction;
b. Complaint/Information sufficient in form and substance to sustain a conviction;
c. Arraignment and plea by the accused;
d. Conviction, acquittal, or dismissal of the case without the express consent, of the accused. [Rule 117, Sec. 7; People v. Obsania (1968)]

Question 8

What is barred by the Double Jeopardy Rule?

Answer 8

a. prosecution for the same offense

b. prosecution for the same act

Question 9

When is there prosecution for the same offense?

Answer 9

1. Same offense charged;
2. Attempt of the same offense;
3. Frustration of the same offense;
4. Offense necessarily included in the 1st offense (All the elements of the 2nd constitute some of the elements of the 1st offense)
5. Offense that necessarily includes the 1st offense (All the elements of the 1st constitute some of the elements of the 2nd offense)

Question 10

When is there prosecution of the same act?

Answer 10

1. If punished by law and at the same time punished by an ordinance;
2. There is conviction or acquittal under either

Question 11

What are the exceptions to the instances barred under the Double Jeopardy Rule?

Answer 11

The conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under the following instances, pursuant to Sec. 7, Rule 117, Rules of Court:

a. Supervening Event: The graver offense developed due to “supervening facts” arising from the same act or omission constituting the former charge. (e.g., A person convicted of physical injuries may still be prosecuted for homicide if the victim dies later.)
b. Newly Discovered Event: The facts constituting the graver charge became known or were discovered only after the filing of the former complaint or information.
c. Defective Plea Bargain: The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party, except as provided in Sec. 1 (f) of Rule 116.

Question 12

What is the general rule on motions for reconsideration and appeals by prosecution on a judgment of acquittal?

Answer 12

A judgment of acquittal is final and no longer reviewable. It cannot be reconsidered because it places the accused in jeopardy for the same offense. [Cruz commentary, p. 777]

Question 13

What are the instances where the prosecution can file a motion for reconsideration in a judgment of acquitall?

Answer 13

The state (not the private offended party) can challenge the acquittal of the accused or the imposition of a lower penalty by a trial court in the following instances: (DuMi-GAD)

1. Deprivation of due process: Where the prosecution is deprived of a fair opportunity to prosecute and prove its case [Villareal v. People (2012)]

Provided, that the judge considered the evidence, even if the appreciation of the evidence leadingto the acquittal is erroneous, an appeal or motion for reconsideration by the prosecution will not be allowed. [People v. Judge Velasco (2000)]

2. Mistrial [Galman v. Sandiganbayan, G.R. No. 72670 (1986)]
3. Grave abuse of discretion amounting to lack or excess of jurisdiction [People v. Uy, G.R. No. 158157 (2005)]

Question 14

When is the right to plea double jeopardy considerd waived?

Answer 14

When an accused appeals his conviction, he waives his right to the plea of double jeopardy.

Question 15

What is the general rule on dismissal with consent of the accused?

Answer 15

Dismissal with consent of accused waives double jeopardy.

When the case is dismissed other than on the merits, upon motion of the accused personally, or through counsel, such dismissal is regarded as “with express consent of the accused”, who is therefore deemed to have waived the right to plea double jeopardy.

Question 16

What are the exceptions to the general rule on dismisal with consent of accused?

Answer 16

a. When the dismissal is based on insufficiency of the evidence of the prosecution [People v. City Court of Silay, G.R. No. L-43790 (1976)]

b. When the dismissal is based on the denial of his
right to a speedy trial [People v. Judge Abaño G.R. No. L-23599 (1955)]

c. When accused is discharged to be a state witness

Question 17

When is a verbal dismissal final?

Answer 17

A mere verbal dismissal is not final until written and signed by the judge

[Rivera, Jr. v. People G.R. No. 93219 (1990)].