Law Dictionary

Question XIV, Political Law, 2018 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question XIV, Political Law, 2018 Bar Exam

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a “competent court.”

Should the Regional Trial Court grant Amoroso’s motion to quash on the ground of double jeopardy? (2.5%)

Suggested Answer:

Yes. Answer

Under jurisprudence, double jeopardy extends to cases already tried by military tribunals and thereafter the same case for the same offense is filed in a civilian court. Rule

In the case at bar, Amoroso was already tried and acquitted by a military court martial. He cannot be subsequently charged in a civilian court for the same offense as double jeopardy already attached. Apply

Thus, the Regional Trial Court should grant Amoroso’s motion to quash on the ground of double jeopardy. Conclusion

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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