Ivler vs. San Pedro

Following a vehicular collision in August 2004, petitioner Jason Ivler (petitioner) was charged before the
Metropolitan Trial Court of Pasig City (MTC), with two separate offenses: (1) Reckless Imprudence Resulting in
Slight Physical Injuries for injuries sustained by respondent Evangeline L. Ponce (respondent Ponce); and (2)
Reckless Imprudence Resulting in Homicide and Damage to Property for the death of respondent Ponce’s husband
Nestor C. Ponce and damage to the spouses Ponce’s vehicle.

Petitioner posted bail for his temporary release in both cases. On 2004, petitioner pleaded guilty to the
charge on the first delict and was meted out the penalty of public censure. Invoking this conviction, petitioner
moved to quash the Information for the second delict for placing him in jeopardy of second punishment for the same
offense of reckless imprudence.

The MTC refused quashal, finding no identity of offenses in the two cases.

The petitioner elevated the matter to the Regional Trial Court of Pasig City (RTC), in a petition for
certiorari while Ivler sought from the MTC the suspension of proceedings in criminal case, including the
arraignment his arraignment as a prejudicial question.

Without acting on petitioner’s motion, the MTC proceeded with the arraignment and, because of
petitioner’s absence, cancelled his bail and ordered his arrest.

Seven days later, the MTC issued a resolution denying petitioner’s motion to suspend proceedings and
postponing his arraignment until after his arrest. Petitioner sought reconsideration but as of the filing of this petition,
the motion remained unresolved.

ISSUES:

1. Whether petitioner forfeited his standing to seek relief from his petition for certiorari when the MTC
ordered his arrest following his non-appearance at the arraignment in Reckless Imprudence Resulting in Slight
Physical Injuries for injuries sustained by respondent; and

2. Whether petitioner’s constitutional right under the Double Jeopardy Clause bars further proceedings in
Reckless Imprudence Resulting in Homicide and Damage to Property for the death of respondent Ponce’s husband.

RULING:

The accused negative constitutional right not to be "twice put in jeopardy of punishment for the same
offense" protects him from, among others, post-conviction prosecution for the same offense, with the prior verdict
rendered by a court of competent jurisdiction upon a valid information.

Petitioner adopts the affirmative view, submitting that the two cases concern the same offense of reckless
imprudence. The MTC ruled otherwise, finding that Reckless Imprudence Resulting in Slight Physical Injuries is an
entirely separate offense from Reckless Imprudence Resulting in Homicide and Damage to Property "as the [latter]
requires proof of an additional fact which the other does not."

The two charges against petitioner, arising from the same facts, were prosecuted under the same provision
of the Revised Penal Code, as amended, namely, Article 365 defining and penalizing quasi-offenses.

The provisions contained in this article shall not be applicable. Indeed, the notion that quasi-offenses,
whether reckless or simple, are distinct species of crime, separately defined and penalized under the framework of
our penal laws, is nothing new.
 The doctrine that reckless imprudence under Article 365 is a single quasi-offense by itself and not merely a
means to commit other crimes such that conviction or acquittal of such quasi-offense bars subsequent prosecution
for the same quasi-offense, regardless of its various resulting acts, undergirded this Court’s unbroken chain of
jurisprudence on double jeopardy as applied to Article 365.

These cases uniformly barred the second prosecutions as constitutionally impermissible under the Double
Jeopardy Clause.

Our ruling today secures for the accused facing an Article 365 charge a stronger and simpler protection of
their constitutional right under the Double Jeopardy Clause. True, they are thereby denied the beneficent effect of
the favorable sentencing formula under Article 48, but any disadvantage thus caused is more than compensated by
the certainty of non-prosecution for quasi-crime effects qualifying as "light offenses" (or, as here, for the more
serious consequence prosecuted belatedly). If it is so minded, Congress can re-craft Article 365 by extending to
quasi-crimes the sentencing formula of Article 48 so that only the most severe penalty shall be imposed under a
single prosecution of all resulting acts, whether penalized as grave, less grave or light offenses. This will still keep
intact the distinct concept of quasi-offenses. Meanwhile, the lenient schedule of penalties under Article 365,
befitting crimes occupying a lower rung of culpability, should cushion the effect of this ruling.

Petition granted.

PEOPLE VS OBSANIA [23 SCRA 1249; G.R. L-24447; 29 June 1968]

FACTS: The accused was charged with Robbery with Rape before the Municipal Court of Balungao,
Pangasinan. He pleaded not guilty. His counsel moved for the dismissal of the charge for failure to allege
vivid designs in the info. Said motion was granted. From this order of dismissal the prosecution
appealed.

ISSUE: Whether or Not the present appeal places the accused in Double Jeopardy.

HELD: In order that the accused may invoke double jeopardy, the following requisites must have
obtained in the original prosecution, a) valid complaint, b) competent court, c) the defendant had
pleaded to the charge, d) defendant was acquitted or convicted or the case against him was dismissed or
otherwise terminated without his express consent. In the case at bar, the converted dismissal was
ordered by the Trial Judge upon the defendant's motion to dismiss. The “doctrine of double jeopardy” as
enunciated in P.vs. Salico applies to wit when the case is dismissed with the express consent of the
defendant, the dismissal will not be a bar to another prosecution for the same offense because his
action in having the case is dismissed constitutes a waiver of his constitutional right/privilege for the
reason that he thereby prevents the Court from proceeding to the trial on the merits and rendering a
judgment of conviction against him. In essence, where a criminal case is dismissed provisionally not only
with the express consent of the accused but even upon the urging of his counsel there can be no double
jeopardy under Sect. 9 Rule 113, if the indictment against him is revived by the fiscal.
RAMON PAULIN VS. HON. CELESO GIMENEZ [217 SCRA 386; G.R. NO. 103323; 21 JAN 1993]

FACTS: Respondent and Brgy Capt. Mabuyo, while in a jeep, were smothered with dust when they were
overtaken by the vehicle owned by Petitioner Spouses. Irked by such, Mabuyo followed the vehicle until
the latter entered the gate of an establishment. He inquired the nearby security guard for the identity of
the owner of the vehicle. Later that day, while engaged in his duties, petitioners allegedly pointed their
guns at him. Thus, he immediately ordered his subordinate to call the police and block road to prevent
the petitioners’ escape. Upon the arrival of the police, petitioners put their guns down and were
immediately apprehended. A complaint “grave threats” was filed against the petitioners (Criminal Case
No. 5204). It was dismissed by the court acting on the motion of the petitioners. Mabuyo filed a MOR
thus the dismissal was reversed. Thereafter, petitioners filed for “certiorari, prohibition, damages, with
relief of preliminary injunction and the issuance of a TRO” (CEB-9207). Petition is dismissed for lack of
merit and for being a prohibited pleading and ordered to proceed with the trial of the case. Hence, this
instant petition.

ISSUES: (1) Whether or Not the dismissal of 5204 was a judgment of acquittal. (2) Whether or Not the
judge ignored petitioner’s right against double jeopardy by dismissing CEB-9207.

HELD: For double jeopardy to attach, the dismissal of the case must be without the express consent of
the accused. Where the dismissal was ordered upon motion or with the express assent of the accused,
he has deemed to have waived his protection against double jeopardy. In the case at bar, the dismissal
was granted upon motion of the petitioners. Double jeopardy thus did not attach. Furthermore, such
dismissal is not considered as an acquittal. The latter is always based on merit that shows that the
defendant is beyond reasonable doubt not guilty. While the former, in the case at bar, terminated the
proceedings because no finding was made as to the guilt or innocence of the petitioners. The lower
court did not violate the rule when it set aside the order of dismissal for the reception of further
evidence by the prosecution because it merely corrected its error when it prematurely terminated and
dismissed the case without giving the prosecution the right to complete the presentation of its evidence.
The rule on summary procedure was correctly applied.

ICASIANO VS SANDIGANBAYAN [GR 95642, 28 May 1992]

FACTS: Acting Municipal Trial Court Judge of Naic, Cavite, Aurelio G. Icasiano, Jr. issed 2 orders of
detention dated 18 and 27 November 1986 against Romana Magbago for contempt of court because of
her continued refusal to comply with a fifth alias writ of execution. Magbago filed an administrative
complaint dated 17 February 1987 with the Supreme Court against Judge Icasiano. After evaluating the
allegations of the complaint, Icasiano's comment thereon and the Court Administrator's
recommendation, the Supreme Court dismissed the administrative complaint for lack of merit in an en
banc resolution dated 2 February 1988.

Meanwhile, on 17 March 1987, Magbago also filed with the Office of the Ombudsman the same letter-
complaint earlier filed with the Supreme Court; this time, she claimed violation by Judge Icasiano, Jr. of
the Anti-Graft and Corrupt Practices Act (RA 3019, sec. 3 par. [e]) in TBP-87-00924. After considering
Judge Icasiano's answer, in a resolution dated April 1988 Special Prosecutor Evelyn Almogela-Baliton
recommended dismissal of the complaint for lack of merit. The recommendation was approved by then
Special Prosecutor/Tanodbayan Raul M. Gonzales. It appears from the records of the Tanodbayan, which
were forwarded to the Supreme Court, upon order of the Court in connection with this case, that the
resolution dismissing the complaint was released on 14 April 1988. The office of the Tanodbayan
received another complaint from the same Romana Magbago (TBP-87-01546).

The exact date of filing of the second complaint is not stated but the records of the case were allegedly
among those transmitted to the then newly created office of the Ombudsman; unfortunately, the
transmitted records did not contain the earlier resolution of dismissal in TBP-87-00924. Special
Prosecutor Nicanor Cruz, Jr. who was assigned to investigate the case (TBP-87-01546) appeared
completely unaware of the earlier case, TBP-87-00924. The corresponding information against Icasiano
was thereafter filed with the Sandiganbayan (Criminal Case 14563). After said information was filed on
21 March 1990, Icasiano (as accused) filed a motion for reinvestigation. Icasiano's motion for
reinvestigation was denied in the 29 June 1990 resolution, of the Sandiganbayan. Icasiano then moved
to quash the information on the grounds, among others, that the accused shall be placed in double
jeopardy in so far as the resolution of the Hon. Supreme Court in Administrative Case RTJ 87-81. The
Sandiganbayan denied the motion to quash. A motion for reconsideration was likewise denied. Icasiano
filed the petition for certiorari with the Supreme Court.

ISSUE: Whether the resolution of the administrative proceeding in the Supreme Court bars the
subsequent filing of a criminal case against the accused in the Sandiganbayan.

HELD: After a closer look at the records of the case, the Court is of the view that the distinction between
administrative and criminal proceedings must be upheld, and that a prosecution in one is not a bar to
the other. It is, therefore, correct for the Sandiganbayan to hold that double jeopardy does no apply in
the present controversy because the Supreme Court case (against Judge Icasiano) was administrative in
character while the Sandiganbayan case also against Judge Icasiano is criminal in nature. When the
Supreme Court acts on complaints against judges or any of the personnel under its supervision and
control, it acts as personnel administrator, imposing discipline and not as a court judging justiciable
controversies. Administrative procedure need not strictly adhere to technical rules. Substantial evidence
is sufficient to sustain conviction. Criminal proceedings before the Sandiganbayan, on the other hand,
while they may involve the same acts subject of the administrative case, require proof of guilt beyond
reasonable doubt. To avail of the protection against double jeopardy, it is fundamental that the
following requisites must have obtained in the original prosecution:

(a) a valid complaint or information;

(b) a competent court;

(c) a valid arraignment;

(d) the defendant had pleaded to the charge; and

(e) the defendant was acquitted, or convicted, or the case against him was dismissed or otherwise
terminated without his express consent.

All these elements do not apply vis- a-vis the administrative case, which should take care of Judge
Icasiano's contention that said administrative case against him before the Supreme Court, which was
dismissed, entitled him to raise the defense of double jeopardy in the criminal case in the
Sandiganbayan. The charge against Judge Icasiano before the Sandiganbayan is for grave abuse of
authority, manifest partiality and incompetence in having issued 2 orders of detention against
complaining witness Magbago. Ordinarily, complainant's available remedy was to appeal said orders of
detention in accordance with the Rules. It is only when an appellate court reverses the lower court
issuing the questioned orders can abuse, partiality or incompetence be imputed to the judge. Here no
appeal from the questioned orders of the issuing judge (Icasiano) was taken: instead, administrative and
criminal cases were filed against the judge for issuing the orders. It is precisely for this reason, among
other, that the administrative case against Judge Icasiano was dismissed by the Supreme Court for lack
of merit; and yet, it cannot be assumed at this point that Judge Icasiano is not criminally liable under RA
3019, par. 3(e) for issuing the questioned orders of detention. In fact, the Ombudsman has found a
prima facie case which led to the filing of the information. In any case, the dismissal by the Tanodbayan
of the first complaint cannot bar the present prosecution, since double jeopardy does not apply. As held
in Cirilo Cinco, et al. vs. Sandiganbayan and the People of the Philippines, a preliminary investigation
(assuming one had been conducted in TBP-87-00924) is not a trial to which double jeopardy attaches.

PEOPLE VS. BALISACAN [17 SCRA 1119; G.R. NO. L-26376; 31 AUG 1966]

FACTS: Aurelio Balisacan was charged with homicide in the CFI of Ilocos Norte. Upon being arraigned, he
entered into a plea of guilty. In doing so, he was assisted y counsel. At his counsel de officio, he was
allowed to present evidence and consequently testified that he stabbed the deceased in self-defense. In
addition, he stated that he surrendered himself voluntarily to the police authorities. On the basis of the
testimony of the accused, he was acquitted. Thus, the prosecution appealed.

ISSUE: Whether or Not the appeal placed the accused in double jeopardy.

HELD: The Supreme Court held that it is settled that the existence of plea is an essential requisite to
double jeopardy. The accused had first entered a plea of guilty but however testified that he acted in
complete self-defense. Said testimony had the effect of vacating his plea of guilty and the court a quo
should have required him to plead a new charge, or at least direct that a new plea of not guilty be
entered for him. This was not done. Therefore, there has been no standing of plea during the judgment
of acquittal, so there can be no double jeopardy with respect to the appeal herein.

PEOPLE VS. COURT OF SILAY [74 SCRA 248; G.R. NO. L-43790; 9 DEC 1976]
FACTS: That sometime on January 4,1974, accused Pacifico Sensio, Romeo Millan and Wilfredo
Jochico who were then scalers at the Hawaiian-Philippine Company, weighed cane cars
No.1743,1686 and 1022 loaded with sugar canes which were placed in tarjetas (weight report
cards), Apparently, it was proven and shown that there was padding of the weight of the sugar
canes and that the information on the tarjetas were to be false making it appear to be heavier than
its actual weight. The three accused then were charged with “Falsification by private individuals and
use of falsified document”. After the prosecution had presented, the respondent moved to dismiss
the charge against them on the ground that the evidences presented were not sufficient to
establish their guilt beyond reasonable doubt. Acting on the motion, respondent court issued its
order dismissing the case on the ground that the acts committed by the accused do not constituted
the crime of falsification as strictly enumerated in the revised penal code defining the crime of
falsification which was charged earlier and that their case be dismissed. People asserts that the plea
of double jeopardy is not tenable even if the case at bar was dismissed because according to them,
it was done with the consent of the accused therefore waiving there defense of double jeopardy.
The accused on the other hand, reiterated the fact that the dismissal was due to lack of merits of
the prosecution which would have the same effect as an acquittal which will bar the prosecution
from prosecuting the accused for it will be unjust and unconstitutional for the accused due to
double jeopardy rule thus the appeal of the plaintiff. Issue: Whether or Not the grant of petition by
the court would place the accused Sensio, Millan and Jochico in double jeopardy Held: Yes the
revival of the case will put the accused in double jeopardy for the very reason that the case has
been dismissed earlier due to lack of merits. It is true that the criminal case of falsification was
dismissed on a motion of the accused however this was a motion filed after the prosecution had
rested its case, calling for the evidence beyond reasonable ground which the prosecution had not
been able to do which would be tantamount to acquittal therefore will bar the prosecution of
another case. As it was stated on the requirements of a valid defense of double jeopardy it says:
That there should be a valid complaint, second would be that such complaint be filed before a
competent court and to which the accused has pleaded and that defendant was previously
acquitted, convicted or dismissed or otherwise terminated without express consent of the accused
in which were all present in the case at bar. There was indeed a valid, legitimate complaint and
concern against the accused Sensio, Millan and Jochico which was filed at a competent court with
jurisdiction on the said case. It was also mentioned that the accused pleaded not guilty and during
the time of trial, it was proven that the case used against the accused were not sufficient to prove
them guilty beyond reasonable doubt therefore dismissing the case which translates to acquittal. It
explained further that there are two instances when we can conclude that there is jeopardy when
first is that the ground for the dismissal of the case was due to insufficiency of evidence and second,
when the proceedings have been reasonably prolonged as to violate the right of the accused to a
speedy trial. In the 2 requisites given, it was the first on that is very much applicable to our case at
bar where there was dismissal of the case due to insufficiency of evidence which will bar the
approval of the petition in the case at bar for it will constitute double jeopardy on the part of the
accused which the law despises.

ESMENA VS. POGOY [102 SCRA 861; G.R. NO. L-54110; 20 FEB 1981]

FACTS: Petitioners Esmeña and Alba were charged with grave coercion in the Court of Cebu City for
allegedly forcing Fr. Thomas Tibudan to withdraw a sum of money worth P5000 from the bank to be
given to them because the priest lost in a game of chance. During arraignment, petitioners pleaded “Not
Guilty”. No trial came in after the arraignment due to the priest’s request to move it on another date.
Sometime later Judge Pogoy issued an order setting the trial Aug.16,1979 but the fiscal informed the
court that it received a telegram stating that the complainant was sick. The accused invoked their right
to speedy trial. Respondent judge dismissed the case because the trial was already dragging the accused
and that the priest’s telegram did not have a medical certificate attached to it in order for the court to
recognize the complainant’s reason to be valid in order to reschedule again another hearing. After 27
days the fiscal filed a motion to revive the case and attached the medical certificate of the priest proving
the fact that the priest was indeed sick of influenza. On Oct.24,1979, accused Esmeña and Alba filed a
motion to dismiss the case on the ground of double jeopardy. ISSUE: Whether or Not the revival of
grave coercion case, which was dismissed earlier due to complainant’s failure to appear at the trial,
would place the accused in double jeopardy HELD: Yes, revival of the case will put the accused in double
jeopardy for the very reason that the case has been dismissed already without the consent of the
accused which would have an effect of an acquittal on the case filed. The dismissal was due to
complainant’s incapability to present its evidence due to non appearance of the witnesses and
complainant himself which would bar further prosecution of the defendant for the same offense. For
double jeopardy to exist these three requisites should be present, that one, there is a valid complaint or
information filed second, that it is done before a court of competent jurisdiction and third, that the
accused has been arraigned and has pleaded to the complaint or information. In the case at bar, all
three conditions were present, as the case filed was grave coercion, filed in a court of competent
jurisdiction as to where the coercion took place and last the accused were arraigned and has pleaded to
the complaint or the information. When these three conditions are present then the acquittal,
conviction of the accused, and the dismissal or termination of the case without his express consent
constitutes res judicata and is a bar to another prosecution for the offense charged. In the case, it was
evidently shown that the accused invoked their right to a speedy trial and asked for the trial of the case
and not its termination which would mean that respondents had no expressed consent to the dismissal
of the case which would make the case filed res judicata and has been dismissed by the competent court
in order to protect the respondents as well for their right to speedy trial which will be equivalent to
acquittal of the respondents which would be a bar to further prosecution.