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.
Answer: 0
Yes, Jose Cruz's contention is correct because he was charged with the
two offenses which are unlicensed firearms. It is double jeopardy under Sec 21,
Article III of the 1987 Constitution stated if he or she is put in double jeopardy
with the same offense. It is punishable by law constitute of the same act. In
the case of Jose Cruz there are two types of double jeopardy; First, the
prosecution for the same offense; Lastly, the prosecution of the same act.
2. NelinaAcas 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.
Answer. 5 points
Yes, I will grant
Nelina’s request of motion to dismiss because in the requisite for first
jeopardy stated; First, there must be information or a formal charge to sustain
a conviction; Second, the complaint must be filed before a court; Third, the
accused has been pleaded to the charges; Lastly, the accused have been
convicted in the case against him was dismissed or terminated without his
express consent. There is no double
jeopardy because the information is filed charging the same accused with the
two different offenses have different elements.
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.
The case of Juan Santos is not the same offense because illegal jumper
and theft are different. There is no double jeopardy in the case because a
crime is not a case in a bar to the prosecution under the Revised Penal Code,
and it is considered as mala prohibitum while the other is malum in se.
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.
score: 5 points
No, the case of Mario Cruz is not double jeopardy because cutting of
coconut trees and theft is not the same offense and it is a different crime. In
the case of Mario Cruz, there is no double jeopardy because a crime is not a
case in a bar to the prosecution under the Revised Penal Code (RPC), and it is
considered as mala prohibitum while the other is malum in se.
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.
Answer:
No, it is double
jeopardy because the case of Luis Santos of murder is not the same offense that
was charged. As a judge of the case of Luis Santos, I will dismiss the case
because the information is charging the same accused with a different offense
from the act is not the same element.
END OF THE QUIZ
No comments:
Post a Comment