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:
He is not correct. The second form
of double jeopardy provides, “if an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act”. To violate right against double jeopardy, the
act must be punished by a law and an ordinance. In the case at bar, the gun ban
and R.A. 10591 are both laws. Thus, there is no violation of right against
double jeopardy and the case would prosper....5
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:
Motion should be granted. As a rule,
double jeopardy is not available when the case is dismissed other than by
acquittal or conviction upon motion of the accused. the law though provides for
exceptions, one of those is dismissal based on insufficiency of evidence.
In this
case, the first case was dismissed due to insufficient evidence, and as the law
provides right against double jeopardy may be instituted.
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:
No, he is
not correct. There is no double jeopardy yet. For double jeopardy to be
instituted, the following requisites has to be present: (1)there is a valid
complaint or information filed; (2) filed before a competent court; (3) the
accused has been arraigned and had pleaded; and (4) the accused was convicted or
acquitted or was dismissed w/o his consent.
In this
case, only two requisites are present and those are valid information filed before a competent
court. There is no double jeopardy because the accuse is not yet convicted or
acquitted....5
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:
Yes, two charges will push through.
The Constitution provides, “if an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act”. To violate right against double jeopardy, the
act must be punished by a law and an ordinance.
In the case
at bar, the illegal cutting of trees and theft under the RPC are both laws.
Thus, there is no violation of right against double jeopardy and the case would
prosper....4
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, he is not correct. If I were the
judge I will dismiss the case against him on the ground that there has been
deprivation of due process and mistrial.
As a rule, a judgment of acquittal
is final, unappealable and immediately executory. However, the rule on double
jeopardy has exceptions. One of them is, where there has been deprivation of
due process and where there is a finding of mistrial.
In the present case, the case was
dismissed because the witnesses did not appear. There is a clear showing that
there has been a deprivation of due process thus, right against double jeopardy
is not violated....0
END OF THE QUIZ
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