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People vs. Pilpa

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. PABLO PILPA, defendant-appellee.

G.R. No. L-30250 | 1977-09-22

D E C I S I O N

AQUINO, J:

The prosecution appealed from the order of the Court of First Instance of Leyte, dismissing the second information for frustrated murder against Pablo Pilpa on the ground that it would place him in double jeopardy since the first information for frustrated murder against him was dismissed without his consent after he had pleaded not guilty. The facts are as follows:

On April 19, 1967 the city fiscal of Tacloban City filed in the lower court against Pilpa the following information for frustrated murder (Criminal Case No. 11935):

"The undersigned City Fiscal of the City of Tacloban accuses Pablo Pilpa of the...