Barbosa, Raul Ronnel 20/25

 

Barbosa, Raul Ronnel

QUIZ ON DOUBLE JEOPARDY

May 12, 2021

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

 

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 happens when a person is put in danger of being punished twice for the same offense. Under the law, there is no double jeopardy when the charges are different. In this case, the charges are the same, both of the charges prohibit the carriage of a gun. The accused is put into double jeopardy because of the sameness of the offense. wrong: 0

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 deny her motion. All of the requisites for the first jeopardy are present, however, under the law, there is no double jeopardy when the offenses are different. BP 22 is an offense for issuing a bouncing check. Estafa is a crime punished the RPC, the two crimes differ from one another. There Is no double jeopardy.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.

-          In cases where an act is punished by an ordinance and a statute, conviction or acquittal of one shall bar another prosecution of the same act. In this case, conviction or acquittal from either one of the charges will bar the other charge.correct: 5 points

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.

-          There is no double jeopardy. Under the law, there is no double jeopardy when the two charges filed against the accused are different offenses. In this case, the offense under the PCA is different from the crime of theft under the RPC. Therefore, there can be no double jeopardy.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.

-          The requisites of the first jeopardy are:

a) proper information has been filed;

b) under a court of competent jurisdiction

c) the accused is arraigned has pleaded; and

d) the accused has been acquitted, dismissed, or convicted.

In this case, the second requisite is not present, the accused must be brought before a court with proper jurisdiction, the office of the prosecutor is not a court. Therefore, the accused is wrong and the case will prosper. correct: 5 points

 

END OF THE QUIZ