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Tacas vs. Cariaso

VALERIO TACAS, petitioner, vs. HONORABLE FLORENTINO C. CARIASO, Presiding Judge, CFI-Ilocos Sur, Branch V, and PEOPLE OF THE PHILIPPINES, represented in this instance by HONORABLE JESUS F. GUERRERO, Provincial Fiscal of Ilocos Sur, respondents.

G.R. No. L-37406 | 1976-08-31

D E C I S I O N

FERNANDO, J:

The basic issue posed in this certiorari and prohibition proceeding is whether or not constitutional provision on double jeopardy 1 bars a prosecution for the crime of assault upon a person of authority, the alleged offense having been committed by the accused on the occasion of having inflicted a bolo wound on the offended party for which he had previously been charged and convicted of less serious physical injuries. He had, moreover, fully served his sentence in jail. Respondent Judge answered this question in the negative. 2 Such a ruling is assailed as a grave abuse of discretion on the ground that after...