Professional Documents
Culture Documents
Facts:
Petron received Tax Credit Certificates by assignment from 18
private firms registered with the BOI. Petron request for
authorization to use said TCCs to pay for its excise tax
liabilities which was approved by the DOF Undersecretary and
was accepted by the BIR by issuing its own TDM. However,
the Fact Finding and Intelligence Bureau (FFIB) of the Office of
the Ombudsman eventually found that the aforementioned
transactions involving the TCCs were irregular, finding
probable cause against several public officers and private
individuals, including petitioners for perpetrating the so-called
tax credit scam.
Ruling:
No. In the instant Petition, legal jeopardy has not yet attached
since there is so far no valid dismissal or termination of the
criminal cases against petitioners. To substantiate a claim for
double jeopardy, the following must be demonstrated:(1) 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 same offense, or the second offense
includes or is necessarily included in the offense charged in
the first information, or is an attempt to commit the same or
is a frustration thereof. And legal jeopardy attaches only: (a)
upon a valid indictment; (b) before a competent court; (c)
after arraignment; (d) [when] a valid plea [has] been entered;
and (e) the case was dismissed or otherwise terminated
without the express consent of the accused.
Ivler versus San Pedro
Facts:
Following a vehicular collision, petitioner Jason Ivler
(petitioner) was charged with two separate offenses: (1)
Reckless Imprudence Resulting in Slight Physical Injuries
(Criminal Case No. 82367) for injuries sustained by
respondent Evangeline L. Ponce; and (2) Reckless Imprudence
Resulting in Homicide and Damage to Property (Criminal Case
No. 82366) for the death of respondent Ponces and damage
to the spouses Ponces vehicle. Petitioner posted bail for his
temporary release in both cases. Petitioner pleaded guilty to
the charge in Criminal Case No. 82367 and was meted out the
penalty of public censure. Invoking this conviction, petitioner
moved to quash the Information in Criminal Case No. 82366
for placing him in jeopardy of second punishment for the
same offense of reckless imprudence.
Ruling:
Yes. Prior Conviction or Acquittal of Reckless Imprudence Bars
Subsequent Prosecution for the Same
Quasi-Offense. 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 gravity
of the consequence is only taken into account to determine
the penalty, it does not qualify the substance of the offense.
And, as the careless act is single, whether the injurious result
should affect one person or several persons, the offense
remains one and the same, and cannot be split into different
crimes and prosecutions. Hence, we hold that prosecutions
under Article 365 should proceed from a single charge
regardless of the number or severity of the consequences. In
imposing penalties, the judge will do no more than apply the
penalties under Article 365 for each consequence alleged and
proven. In short, there shall be no splitting of charges under
Article 365, and only one information shall be filed in the
same first level court.
Lejano versus People
Facts:
On December 14, 2010 the Court reversed the judgment of
the CA and acquitted the accused in the Vizconde massacre
case, of the charges against them on the ground of lack of
proof of their guilt beyond reasonable doubt. Complainant
Lauro G. Vizconde, an immediate relative of the victims, asked
the Court to reconsider its decision, claiming that it "denied
the prosecution due process of law; seriously misappreciated
Ruling:
No. The Court holds that R.A. No. 9335 is not a bill of
attainder. A bill of attainder is a legislative act which inflicts
punishment on individuals or members of a particular group
without a judicial trial. Essential to a bill of attainder are a
specification of certain individuals or a group of individuals,
the imposition of a punishment, penal or otherwise, and the
lack of judicial trial. R.A. No. 9335 does not possess the
elements of a bill of attainder. It does not seek to inflict
punishment without a judicial trial. R.A. No. 9335 merely lays
down the grounds for the termination of a BIR or BOC official
or employee and provides for the consequences thereof. The
democratic processes are still followed and the constitutional
rights of the concerned employee are amply protected.
2002 Bar
No IX. A Tamaraw FX driven by Asiong Cascasero, who was
drunk, sideswiped a pedestrian along EDSA in Makati City,
resulting in physical injuries to the latter. The public
prosecutor filed two separate informations against Cascasero,
the first for reckless imprudence resulting in physical injuries
under the Revised Penal Code, and the second for violation of
an ordinance of Makati City prohibiting and penalizing driving
under the influence of liquor. Cascasero was arraigned, tried
and convicted for reckless imprudence resulting in physical
injuries under the Revised Penal Code. With regard to the
second case (i.e., violation of the city ordinance), upon being
arraigned, he filed a motion to quash the information invoking
his right against double jeopardy. He contended that, under
Art. III, Section 21 of the 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
He argued that the two criminal charges against him
stemmed from the same act of driving allegedly under the
influence of liquor which caused the accident. Was there
double jeopardy? Explain your answer (5%)
FIRST ALTERNATIVE ANSWER:
Yes, there is double jeopardy. Under the second sentence of
Article III, Section 21 of the 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. In this case, the same act is involved in the two
cases. The reckless imprudence which resulted in physical
injuries arose from the same act of driving under the influence
of liquor. In Yap v. Lutero, G.R. No. L-12669, April 30, 1959, the
Supreme Court held that an accused who was acquitted of
driving recklessly in violation of an ordinance could not be
prosecuted for damage to property through reckless
imprudence because the two charges were based on the
same act. In People v, Relova, 148 SCRA 292 (1987), it was
held that when there is identity in the act punished by a law
and an ordinance, conviction or acquittal under either shall
bar prosecution under the other.