CONSTITUTIONAL LAW 2

(Notes and Cases)

By

Atty. GALLANT D. SORIANO, MNSA

Lt. Col. PN (M)
 RIGHT AGAINST
DOUBLE JEOPARDY

(Article III, Section 21)

 DOUBLE JEOPARDY

Sec. 21, Art. III - No person shall be

twice put in jeopardy of punishment for
the same offense. If an act is punished
BASIC
PROVISION by a law and an ordinance, conviction
or acquittal under either shall
constitute a bar to another prosecution
for the same act.

a. a second prosecution;

b. for the same offense;

Double Jeopardy
(defined)
c. after acquittal or conviction or punishments;

d. for the same offense.

 DOUBLE JEOPARDY

a. valid complaint or information;

b. filed before a competent court;

REQUISITES c. to which the defendant had pleaded;

d. defendant was previously acquitted or convicted, or

the case dismissed or otherwise terminated without
his express consent.

a. to set the effects of the first prosecution forever at

rest;
RATIONALE
b. assuring the accused that he shall not thereafter be
subjected to the danger and anxiety of a second
charge against him for the same offense.
 DOUBLE JEOPARDY

a. original crime charged;

b. any attempt to commit the same or

frustration thereof;
Crimes
Covered
c. any offense which necessarily includes
or is necessarily included in the offense
charged in the original complaint or
information.
 DOCTRINE OF SUPERVENING EVENT

a. the accused may be prosecuted for another offense;

CONCEPT b. if a subsequent development changes the character of

the first indictment under which he may have already
been charged or convicted.

People vs. Adil, G.R. No. L-41863. April 22, 1977 - if

after the first. prosecution, a new fact supervenes on
which defendant may be held liable, resulting in altering
Illustrative the character of the crime and giving rise to a new and
Case distinct offense, the accused cannot be said to be in
second jeopardy if indicted for the new offense. The
deformity did not exist and could not have been
apprehended at the time the first information was filed.
 REQUISITES OF DOUBLE JEOPARDY
REDUCTION TABLE. VALID DOUBLE JEOPARDY.

US vs. Yam Tung Way, G.R. No. L-6217.

Dec. 18, 1911 - A prosecution based on an
1. Valid Complaint or
invalid complaint cannot lead to a valid
Information
judgment and hence will not place the
accused under jeopardy.

6 COUNTS of BP22 Violation - NO DOUBLE JEOPARDY - Take into account the MAXIMUM punishment A COURT CAN IMPOSE.

People vs. Puno, G.R. Nos. 61864. May 8,

1992 - where six criminal informations
were filed with the City Court of Lucena
2. Filed Before
(which did not have jurisdiction, as the
Competent Court.
proper court was CFI-Quezon), even if the
accused had already been arraigned, no
double jeopardy will attach in the
subsequent prosecution before CFI-Quezon.
 REQUISITES OF DOUBLE JEOPARDY
NOT DOUBLE JEOPARDY

Flores vs. Joven, G.R. No. 129874.

3. To Which
Dec. 17, 2002 - because respondent
Defendant Had
had not yet been arraigned, double
Pleaded;
jeopardy may not be validly invoked.
BEFORE all the accused can be ARRAIGNED, Navarro already FILED
A MOTION TO DISMISS. Thus, NO valid PRIOR JUDGMENT. — RAPE

4 . D e f e n d a n t wa s People vs. Judge Pineda, G.R. No.

previously acquitted 44205. Feb. 11, 1993 - prior conviction,
or convicted, or case acquittal or termination of the case
dismissed or without the express consent of the
o t h e r w i s e accused is still required before the first
terminated without jeopardy can be pleaded to abate a
his express consent. second prosecution.
Even if there has been 2 Information FILED, when such
ACCUSED had NOT PLEADED GUILTY. There will be NO
assumption of CONVICTION, ACQUITTAL, or
TERMINATION.
 Sample case: Reckless Imprudence
resulting to slight physical injuries WAS
HELD CONVICTED as the accused
pleaded GUILTY and STARTED SERVING
HIS SENTENCE.The 2nd Charge being
Reckless imprudence resulting to
homicide WAS NOT ACCEPTED as it
WOULD RESULT TO DOUBLE
JEOPARDY.

END