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PEOPLE vs. City Court of Manila, Branch XI, et al.

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. THE CITY COURT OF MANILA, BRANCH XI and FRANCISCO GAPAY y MALLARES, respondents.

G.R. No. L-36342 | 1983-04-27

R E S O L U T I O N


RELOVA, J.:

This is a petition to review the order, dated November 17, 1972, of the City Court of Manila, Branch XI, dismissing the information for homicide thru reckless imprudence filed against private respondent, Francisco Gapay y Mallares, in Criminal Case No. E-505633 on the ground of double jeopardy. Respondent court held that the private respondent having been previously tried and convicted of serious physical injuries thru reckless imprudence for the resulting death of the victim would place the accused in double jeopardy.

The question presented in this case is whether a person who has been prosecuted for...