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Unformatted text preview: arama, G.R. No. 99287, June 23, 1992). Q: X was charged with a criminal case in the court. He was arraigned and he pleaded not guilty. Later the prosecution moved to dismiss the case. The counsel for the accused wrote “No Objection” at the bottom of the prosecutor’s motion. The court granted the motion and dismissed the case against X. A year after, X was later charged for the same case. May X invoke the right against double jeopardy? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 111 UST GOLDEN NOTES 2011 A: No. The act of the X’s counsel in writing “No Objection” constituted an express consent to the termination within the meaning of Sec. 9 of Rule 117 Rules of Court. He could not thereafter revoke that conformity since the court had already acted upon it by dismissing the case. X was bound by his counsel’s consent to the dismissal. (People v. Pilpa, G.R. No. L‐30250, Sept. 22, 1977) Q: Two policemen were charged before the Sandiganbayan for the death of two men. However, the prosecution was ordered to amend the information and the accused were arraigned anew and consequestly convicted. Were they placed in double jeopardy? A: No. The first requirement for jeopardy to attach – that the Informations were valid – has not been complied with. (Herrera v. Sandiganbayan, G.R. Nos. 119660‐61, Feb. 13, 2009) Q: If the first case was dismissed due to insufficiency of evidence without giving the prosecution the opportunity to present its evidence, has jeopardy attached? A: The first jeopardy has not yet attached. There is no question that four of the five elements of legal jeopardy are present. However, the last element – valid conviction, acquittal, dismissal or termination of the case – is wanting s...
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This document was uploaded on 03/12/2014.

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