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Mallari vs. People

CONSUELO E. MALLARI, petitioner, vs. PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, respondents.

G.R. No. L-58886 | 1988-12-13

D E C I S I O N


FERNAN, J.:

Section 22, Article IV of the 1973 Constitution, reiterated as Section 21, Article III in the 1987 Constitution, provides that "(n)o person shall be twice put in jeopardy of punishment for the same offense." This is the constitutional provision relied upon by petitioner Consuelo E. Mallari in challenging the decision dated December 10, 1979 of the Court of Appeals in CA-G.R. No. 19849-CR, entitled "People of the Philippines versus Consuelo Mallari," as well as the resolution of November 5, 1981 denying her motion for reconsideration. Petitioner attains her objective.

The antecedents are as...