Albertine Din 24/25

 

QUIZ ON DOUBLE JEOPARDY

May 12, 2021

Instruction. Answer the question briefly and concisely. Always explain your answer with legal justification.

 

Submitted by: Albertine Din

 

1.      Jose Cruz was caught carrying an unlicensed firearm in one of the checkpoints established in Sergio Osmena, while he was riding his car going to Dipolog. He was frisked and the firearm on his waistline was confiscated after he was made to disembark from his car. He was then charged for two offenses: (1) for carrying a firearm during an election gun ban (2) for carrying a firearm without a license under R. A. 10591. He was arraigned on both charges, and after that he filed a motion to dismiss the charge under R.A. 10591 as it is a violation of his right against double jeopardy. Decide, whether he is correct in his contention. Explain.

 

Double jeopardy does not attach in the instant case. Double jeopardy attaches when there is a first jeopardy and the accused is charged the second time for the same offense. In this case, Cruz is charged for carrying an unlicensed firearm during an election period, which is violative of two special laws. As such, double jeopardy does not attach. 5 points

 

2.      Nelina Acas obtained 20 sacks of rice from the store of Juan Casis. She issued a PNB check for the sum of 40,000 pesos as payment of said rice. Eventually, the check bounced for insufficiency of funds. Juan Casis filed two cases against her: First for violating BP 22 and then another one for Estafa under the Revised Penal Code. She was arraigned on both charges, trial proceeded. She was acquitted for the Estafa charge for insufficiency of evidence. Meanwhile the trial for BP 22 continued, and while the trial was going on, she filed a motion to dismiss for the reason that her acquittal in the Estafa case for the same checks which she issued, already put her on the first jeopardy and to try her for BP 22 would necessarily put her in double jeopardy. Decide whether you grant her motion to dismiss or not.

I will dismiss Acas’ motion to dismiss as double jeopardy does not attach in this instant case. The second paragraph of Section 21 of the Bill of Right provides that no person can be charged for the same act which is violative of an ordinance and a law. In this case, as Acas’ issuance of a bouncing check is violative of the RPC (on estafa) and a special law (BP 22), double jeopardy does not attach. correct: 5 points

 

3.      Juan Santos put a jumper on his electrical connection to save on electricity. When this was discovered by ZANECO, a case for Violating Dipolog Ordinance (for illegal jumpers) and another one for THEFT of electricity under the REVISED Penal CODE  were filed against him. He said that this cannot be, since there is already a double jeopardy. Decide.

Santos is correct in claiming that double jeopardy will attach since he is being charged for the same act in violation of an ordinance and a law. The Second paragraph of Section 21 of the Bill of Rights provides that double jeopardy attaches when a person is charged for the same act twice under an ordinance and under a law. correct: 4 points:  the two charges can be filed. Strictly speaking there is no double jeopardy, since the first jeopardy has not attached. There is no conviction, acquittal, or dismissal of either YET.

 

4.      Mario Cruz was caught by the police officers cutting coconut trees without permit from the PCA. It was also learned that he is not the owner of these coconut trees as they are owned by Maria Sy. Maria Sy filed a complaint for theft of coconut trees against him. The PCA also filed a case for illegal cutting of coconut trees (without PCA permit). Will the two charges push through without violating her rights against double jeopardy? Explain.

Yes, the two charges can push through without violating Mario’s rights against double jeopardy. Both charges are charged on the ground of violation of two separate laws (RPC and a special law), and as such, double jeopardy does not attach. CORRECT: 5 POINTS

 

5.      Luis Santos is accused of murder by the police officers. The case was filed at the Prosecutor’s office which conducted the preliminary investigation. As the witnesses did not appear, the honorable prosecutor dismissed the case. After two months the witnesses appeared before the prosecutor, and after conducting the investigation, a probable cause was found against Luis Santos. Eventually, a case for murder was filed before the Regional Trial Court in Dipolog City. The accused was arraigned and pleaded not guilty as charge. After that Luis Santos filed a motion to dismiss the case, considering that it was dismissed previously by the Hon. Prosecutor, and the refiling of the same already put him in double jeopardy. Is he correct? As judge will you dismiss the case against him? Explain your answer.

Santos is not correct and I will not dismiss the case charged against him because it did not violate his constitutional right against double jeopardy. Double jeopardy attaches when there is a first jeopardy, and the elements of a first jeopardy are (1) that there is a valid complaint, (2) filed before a competent court, (3) the accused was validly arraigned, and (4) the first charge is terminated without the express consent of the accused. In the instant case, the first charge was dismissed by the prosecutor. As such, the case has not yet reached before the competent court. As the elements of first jeopardy are lacking, double jeopardy does not attach. CORRECT: 5 POINTS

 

END OF THE QUIZ