1. The
elements of double jeopardy (1) upon a valid indictment, (2) before a competent
court, (3) after arraignment, (4) when a valid plea has been entered, and (5)
when the defendant was convicted or acquitted, or the case was dismissed or
otherwise terminated without the express consent of the accused. In this case,
there is no double jeopardy. Significantly, the last 2 requisites are
absent in this case...5
2. I will
not grant the motion to dismiss.Under the law, a BP 22 case and an estafa case
may be rooted from an identical set of facts, they nevertheless present
different causes of action, which, under the law, are considered
"separate, distinct, and independent" from each other. Therefore,
both cases can proceed to their final adjudication. There is no double
jeopardy....5
3. No. There
is no double jeopardy since the case are the lack of essential requisites of
double jeopardy....WHY? ...0
4. Yes.The
two charges push through without violating her rights against double jeopardy
because it is different case that he is not the owner of the coconut trees owned
by Maria Sy. Maria Sy filed a complaint for theft of coconut trees against him
and for illegal cutting of coconut trees (without PCA permit)....5
5. No. there
is no double jeopardy. The requisites as follows: (1) upon a valid indictment,
(2) before a competent court, (3) after arraignment, (4) when a valid plea has
been entered, and (5) when the defendant was convicted or acquitted, or the
case was dismissed or otherwise terminated without the express consent of the accused.
Because there was no final conviction against him....0
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