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Franco Gorion Vs. Regional Trial Court Of Cebu, Et Al.

FRANCO GORION, petitioner, vs. REGIONAL TRIAL COURT OF CEBU, Branch 17, presided by HON. JOSE BURGOS, PEOPLE OF THE PHILIPPINES, represented by CITY PROSECUTOR RODULFO PEREZ and BONIFACIO BACALTOS, respondents.

G.R. No. 102131 | 1992-08-31

D E C I S I O N


DAVIDE, JR., J.:

May an order dismissing a criminal cage after the accused had been arraigned, issued in open court through inadvertence or mistake during a hearing that had already been cancelled, be set aside by the court and the case tried without placing the accused in double jeopardy?

This is the issue in this case.

On 17 October 1989, after conducting the appropriate preliminary investigation pursuant to a complaint filed by one Bonifacio Bacaltos, the Office of the City Prosecutor of Cebu City filed with the Regional Trial Court of Cebu an information charging the petitioner with the crime of Estafa involving...