Back

People of the Philippines Vs. Sandiganbayan (First Division), Victorino A. Basco, Romeo S. David and Rogelio L. Luis

PEOPLE OF THE PHILIPPINES, Petitioner, versus Sandiganbayan (FIRST Division), VICTORINO A. BASCO, ROMEO S. DAVID, and ROGELIO L. LUIS, Respondents.

G.R. No. 164577 | 2010-07-05

D E C I S I O N


MENDOZA, J.:

The prosecution cannot appeal from a ruling granting the demurrer to evidence of the accused as it is equivalent to an acquittal, unless the prosecution can sufficiently prove that the court's action is attended with grave abuse of discretion. Otherwise, the constitutional right of the accused against double jeopardy will be violated.

This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Court filed by the People of the Philippines, represented by the Office of the Ombudsman, assailing the July 23, 2004 Resolution[1] of the Sandiganbayan granting the accused's respective demurrers...