Right against double jeopardy, Bill of Rights

1. Concept

No person shall be twice put in jeopardy of punishment for the same offense. (Section 21, Article III, 1987 Constitution)

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. (Section 21, Article III, Ibid.)

The constitutional right against double jeopardy protects one against a second or later prosecution for the same offense, and that when the subsequent information charges another and different offense, although arising from the same act or set of acts, there is no prohibited double jeopardy. (People v. Tac-An, G.R. Nos. 76338-39, 26 February 1990)

2. Requisites

a. Defense of jepoardy

To raise the defense of jeopardy, the following requisites must be present:

1) A first jeopardy must have attached prior to the second;

2) The first jeopardy must have been validly terminated; and,

3) The second jeopardy must be for the same offense as that in the first. (Saldana v. CA, G.R. No. 88889, 11 October 1990)

b. Legal jeopardy

For legal jeopardy to attach, the following elements must concur:

1) A valid information sufficient in form and substance to sustain a conviction of the crime charged;

2) A court of competent jurisdiction;

3) The accused has been arraigned and had pleaded; and,

4) The accused was convicted or acquitted or the case was dismissed without his express consent. (Chiok v. People, G.R. Nos. 179814 and 180021, 07 Dec...


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