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Unformatted text preview: ishment for the same offense 2. 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 Q: When will double jeopardy attach? A: 1. The first jeopardy must have attached prior to the second 2. The first jeopardy must have been validly terminated 3. The second jeopardy must be for the commission of the same offense or the second offense must include or is necessarily included in the first information, or is an attempt to commit the same or a frustration thereof Q: What are the requisites of double jeopardy? A: 1. Court of competent jurisdiction 2. A Complaint or Information sufficient in form and substance to sustain a conviction 3. Arraignment and plea by the accused; 4. Conviction, acquittal, or dismissal of the case without the express consent of the accused. (Sec 7, Rule 117, Rules of Court; People v. Obsania, G.R. No. L‐24447, June 29, 1968) Q: When is the defense of double jeopardy not available? A: GR: Double jeopardy is not available when the case is dismissed other than on the merits or other than by acquittal or conviction upon motion of the accused personally, or through counsel, since such dismissal is regarded as with express consent of the accused, who is therefore deemed to have waived the right to plea double jeopardy. XPNs: 1. Dismissal based on insufficiency of evidence 2. Dismissal because of denial of accused’s right to speedy trial 3. Accused is discharged to be a State witness Q: What is the Doctrine of Supervening Event? A: It allows the prosecution of another offense if subsequent development changes the character of the first indictment under which he may have already been charged or convicted. Q: Will the conviction of an accused bar another prosecution for an offense which necessarily includes the offense originally charged? A: No. Conviction will not bar prosecution for another offense if the graver offense developed due to supervening facts arising from the same act or omission, facts constituting the graver offense arose or discovered only after the filing of the former complaint or information, and plea of guilty to a lesser offense was made without the consent of prosecutor or offended party. (People v. Judge Vill...
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This document was uploaded on 03/12/2014.

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