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:
Based on the case provided, No. He is
not correct in his contention because the charges for two offenses
are different from each other. In his case these are his offenses which he
violated (1) for carrying a firearm during an
election gun ban (2) for carrying a firearm without a license under R. A.
10591. Wherein in
this case under the law the first offense he committed is under the revised
penal code while the other one is a special law. Therefor there can be no
double jeopardy because they are different crimes committed.....5
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.
Answer:
In the case at bar, No. I will not
grant her motion for dismissal. Since Bp 22 is under the special law while
Estafa is a violation under the revised penal code. Therefor the can be no
double jeopardy in this case wherein under the law double jeopardy can only be
a defense by a person if they are the same offense committed. If there is an
express consent there is no double jeopardy....5
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.
Answer:
In the case at bar, Yes. there is already a double jeopardy. Under the law these two crimes committed are the same offenses wherein
he put a jumper on his electrical connection which is illegal and a crime
punishable by law. It is also now consummated theft in this case. Therefore
they are now the same offenses which constitute double jeopardy...0
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.
Answer:
In this case, No. Mario was caught
with by cutting trees without permit which is theft and they are not the same offenses
committed. Cutting trees without permit is different offense from illegal
cutting of coconut trees. Under the law only those the same offenses can
constitute double jeopardy. Wherein in this case the are separate case to be
filed since they are not the same crime committed. No person can be put twice
in jeopardy for the same act as punishable by law....5
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:
Based on the jurisprudence provided,
Yes I will dismiss the case. Since the accused was arraigned
and pleaded not guilty as charge
in his first offense. Luis Santos also filed a motion to
dismiss the case.
Considering that it was dismissed previously by the Hon.
Prosecutor, and the refiling of the same will now already put him in double jeopardy. In this case all the requisites for
the fist jeopardy are all present. Under the law there must be valid complaint
or information, it must be file in the court of competent jurisdiction wherein
there is an arraignment, he also plead not guilty and the last requisites is
that the defendant’s case is already dimissed. Therefor he can now claim for
double jeopady in his defense....0
END OF THE QUIZ
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