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People vs. Sandiganbayan and Barcenas 645 SCRA 726

PEOPLE OF THE PHILIPPINES, Petitioner,vs.HON. SANDIGANBAYAN (Third division) and MANUEL G. BARCENAS, Respondents.

G.R. No. 174504 | 2011-03-21

FIRST DIVISION
D E C I S I O N
 
DEL CASTILLO, J.:
 
 
The dismissal order arising from the grant of a demurrer to evidence amounts to an acquittal and cannot be appealed because it would place the accused in double jeopardy. The order is reviewable only by certiorari if it was issued with grave abuse of discretion amounting to lack or excess of jurisdiction.
 
 
This is a Petition for Certiorari which seeks to nullify the Sandiganbayan's July 26, 2006 Resolution1 which granted private respondent's demurrer to evidence.
 
Factual Antecedents
 
On May 21, 2004, private respondent was charged with violation of...