Double jeopardy: Protection from endless litigation
Dear Marie, Section 21, Article III of the 1987 that “no person shall be put twice in jeopardy of punishment for the same offense xxx.” In its bare essence, the double jeopardy clause of our Constitution is a form of endless litigation.
Procedure, particularly Section right of the accused against double
or acquittal; double jeopardy. — When an accused has been case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a or other formal charge sufficient in form and substance to sustain - cused had pleaded to the charge, the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information.
xxx” This was emphasized in a decision of the Supreme Court in the case of
penned by Associate Justice Jose Mendoza 2011), which states that double jeopardy attaches if the following complaint or information; (2) a court of competent jurisdiction; (3) the defendant had pleaded to the charge; and (4) the defendant case against him was dismissed or otherwise terminated without his express consent.
Applying the foregoing to your case, it may be noted that your right against double jeop competent jurisdiction; second, the dismissal of the case was not done by the court of competent jurisdiction. To reiterate the fore was dismissed by the prosecutor the same has been filed in a court of competent jurisdiction. enumerations were met.
that this opinion is solely based our appreciation of the same. The are changed or elaborated.
We hope that we were able to enlighten you on the matter. column of the Public Attorney’ s maybesenttodearpao@manilatimes.net.
DearPAO, Ia ma domestic helper. I was charged with qualified theft by my boss in December 2017. The dismissed the complaint for lack of complaint for robbery. I consulted a friend of my mother who is a law boss can no longer charge me for another crime, considering that double jeopardy has set in. I raised it with the handling prosecutor but the latter ignored me. Now, I am confused. Can you please enlighten me about the concept of double jeopardy, andi sit applicable to my case?