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PEOPLE, Et Al. Vs. Filomeno A. Vergara, Et Al.

PEOPLE OF THE PHILIPPINES and SPS. AMADO and TERESA RUBITE, petitioners, vs. HON. FILOMENO A. VERGARA, PRESIDING JUDGE, RTC, BR. 51, PALAWAN, and LEONARDO SALDE, SR., LEONARDO SALDE, JR., FLORESITA SALDE, GLORIA SALDE-PANAGUITON, and JOJETA PANAGUITON, respondent.

G.R. Nos. 101557-58 | 1993-04-28

D E C I S I O N


BELLOSILLO, J.:

Jeopardy is the peril in which an accused is placed when put on trial before a court of competent jurisdiction upon an indictment or information which is sufficient in form and substance to sustain a conviction. No person can be twice put in this peril for the same offense. The Constitution prohibits it. 1 Nemo debet bis puniri pro uno delicto. This is the defense raised by accused-private respondents after respondent Judge, upon motion of the Provincial Fiscal, ordered without notice and hearing the dismissal of Crim. Cases Nos. 7396 and 7397 both for frustrated murder, which thereafter were reinstated...