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22.

PEOPLE vs Laggui

DOCTRINE: The state may not appeal the decision although erroneous for it would place the accused
twice in jeopardy of punishment for the offense.

FACTS: The private respondent was charged by the Provincial Fiscal infor violation of B.P. Blg. 22
(Crim. Case No. 2934) and estafa (Crim. Case No. 3007). After a joint trial of the two cases, respondent
Judge Pedro Laggui promulgated a joint decision (1) dismissing the information in Criminal Case No.
2934 (for violation of B.P. Blg. 22) for being fatally defective and (2) convicting the accused of estafa
in Criminal Case No. 3007. The accused appealed the decision in Criminal Case No. 3007 to the Court
of Appeals, which on July 26, 1988, reversed and set aside the judgment of the RTC, thereby acquitting
the accused Eliseo Soriano. The State filed the instant petition for certiorari and mandamus assailing
the dismissal of the allegedly defective information in Criminal Case No. 2934 and praying that the
trial court be ordered to reinstate the case and render judgment as the law and the evidence warrant.

ISSUE: May the State appeal the decision of the CA?

RULING: No. Although its decision is erroneous, that decision may not be annulled or set aside
because it amounted to a judgment of acquittal. It became final and executory upon its promulgation.
The State may not appeal that decision for it would place the accused twice in jeopardy of punishment
for the offense in violation of his constitutional right against double jeopardy.

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