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Dalman vs. Sarmiento

DAVID ACEBEDO Y DALMAN, petitioner, vs. HON. MALCOLM G. SARMIENTO, as Judge of the Court of First Instance of Pampanga and THE PROV. FISCAL OF PAMPANGA, respondents.

G.R. No. L-28025 | 1970-12-16

D E C I S I O N 


FERNANDO, J: 

This Court not so long ago reaffirmed the doctrine that where a dismissal of a criminal prosecution amounts to an acquittal, even if arising from a motion presented by the accused, the ban on being twice put in jeopardy may be invoked, especially where such dismissal was predicated on the right to a speedy trial. 1 The specific question then that this certiorari and prohibition proceeding presents is whether on the undisputed facts, an order of dismissal given in open court by respondent Judge falls within the operation of the above principle, precluding its reconsideration later as the defense of...