Sunday, October 21, 2012

double jeopardy


 What are the requisites for  double jeopardy to attach?

The requisites that must concur for legal jeopardy to attach are: 
a) a valid complaint or information; 
b) a court of competent jurisdiction;
 c) the accused has pleaded to the charge; and
 d) the accused has been convicted or acquitted or the case dismissed or terminated without the express consent of the accused. 

The fourth requisite is lacking in the instant case. The case was obviously dismissed upon motion and with the express consent of the accused. Private respondents invoked their constitutional right to a speedy trial when the prosecution failed to present evidence due to the absence of private complainant at the hearing. It was on their motion that the lower court ordered the case to be dismissed. "For double jeopardy to attach, the general rule is that the dismissal of the case must be without the express consent of the accused. (Que v. Cosico, 177 SCRA 410 citing People v. Jardin, 124 SCRA 167, People vs. Pilpa, 79 SCRA 81, and People vs. Cuevo, 104 SCRA 312). This is the general rule.


The general rule is that  "for double jeopardy to attach, the dismissal must be WITHOUT the express consent of the accused", what are the two exceptions to this rule?
 
As exceptions, the case of People vs. Quizada, 160 SCRA 516, states that: "There are only two occasions when double jeopardy will attach even if the motion to dismiss the case is made by the accused himself. 
(1) The first is when the ground is insufficiency of the evidence of the prosecution, and
(2) the second is when the proceedings have been unreasonably prolonged in violation of the right to a speedy trial." 


G.R. No. 83463 May 27, 1991
PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. GENARO GINES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH XXVI, SAN FERNANDO, LA UNION, RAMON LABO, JR., and FRANCIS FLORESCA, respondents.

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