Case Digest: Marie Beth Revilla / PEOPLE VS. JUDGE PINEDA G.R. No. 44205 : February 11, 1993

 

PEOPLE VS. JUDGE PINEDA

G.R. No. 44205 : February 11, 1993

FACTS:

The private respondent was additionally accused of the crimes of estafa and falsification, and she asked for the latter accusation to be dismissed on the grounds that she was in danger of being convicted of the same offense. Her first attempt was unsuccessful, but the Honorable Gregorio G. Pineda, presiding Judge of Branch 21, was convinced to the contrary after learning that the supposed falsification was a requisite part of the estafa. The citizens accuse the government of this perception, as well as the rejection of their motion for re-evaluation, in a separate civil suit for certiorari currently before the court.

 

ISSUE:

Whether or not the private respondent was in danger of being convicted twice for the same criminal act.

 

RULING:

The mere filing of two charges alleging the same offence is insufficient to establish double jeopardy unless the first jeopardy has not yet been established by a prior indictment, acquittal, or dismissal of the case without the accused's permission.

It is appropriate for a criminal to have already been in trouble in order to effectively allege past jeopardy under the statute:

(1)   Convicted

(2)  Acquitted

(3)  In danger of being convicted of the offence alleged, meaning that a previous prosecution against him for the same crime was dismissed or otherwise terminated without his express permission by a court of competent jurisdiction, based on a reasonable allegation or information, only after the defendant pleaded guilty to the charge.

 

Since the first fault has not yet been established by a prior prosecution, acquittal, or removal of the case without the accused's permission, the mere submission of two informations alleging the same offence is not a sufficient ground for invoking double jeopardy.

A Legal jeopardy is valid when:

a.      There is a valid indictment

b.      Filed Before a competent court

c.       Went through After an arraignment

d.      A valid plea having been entered

e.      The case was dismissed or otherwise terminated without the express consent of the accused.