People vs.

Relova
G.R. No. L-45129, March 6, 1987
FACTS:
In this petition for certiorari and mandamus, People of the Philippines seeks to set aside the
orders of Respondent Judge Hon. Relova quashing an information for theft filed against Mr.
Opulencia on the ground of double jeopardy and denying the petitioners motion for
reconsideration.. On Feb.1 1975, Batangas police together with personnel of Batangas Electric
Light System, equipped with a search warrant issued by a city judge of Batangas to search and
examine the premises of the Opulencia Carpena Ice Plant owned by one Manuel Opulencia.
They discovered electric wiring devices have been installed without authority from the city
government and architecturally concealed inside the walls of the building. Said devices are
designed purposely to lower or decrease the readings of electric current consumption in the
plants electric meter. The case was dismissed on the ground of prescription for the complaint
was filed nine months prior to discovery when it should be 2months prior to discovery that the
act being a light felony and prescribed the right to file in court. On Nov 24, 1975, another case
was filed against Mr. Opulencia by the Assistant City Fiscal of Batangas for a violation of a
Batangas Ordinance regarding unauthorized electrical installations with resulting damage and
prejudice to City of Batangas in the amount of P41,062.16. Before arraignment, Opulencia filed
a motion to quash on the ground of double jeopardy. The Assistant fiscals claim is that it is not
double jeopardy because the first offense charged against the accused was unauthorized
installation of electrical devices without the approval and necessary authority from the City
Government which was punishable by an ordinance, where in the case was dismissed, as
opposed to the second offense which is theft of electricity which is punishable by the Revised
Penal Code making it a different crime charged against the 1st complaint against Mr.Opulencia.
Issue:
Whether or Not the accused Mr. Opulencia can invoke double jeopardy as defense to the
second offense charged against him by the assistant fiscal of Batangas on the ground of theft of
electricity punishable by a statute against the Revised Penal Code.
Held:
Yes, Mr. Opulencia can invoke double jeopardy as defense for the second offense because as
tediously explained in the case of Yap vs Lutero, the bill of rights give two instances or kinds of
double jeopardy. The first would be that No person shall be twice put in jeopardy of
punishment for the same offense and the second sentence states that If an act is punishable by
a law or an ordinance, the conviction or acquittal shall bar to another prosecution for the same
act. In the case at bar, it was very evident that the charges filed against Mr. Opulencia will fall
on the 2nd kind or definition of double jeopardy wherein it contemplates double jeopardy of
punishment for the same act. It further explains that even if the offenses charged are not the
same, owing that the first charge constitutes a violation of an ordinance and the second charge
was a violation against the revised penal code, the fact that the two charges sprung from one
and the same act of conviction or acquittal under either the law or the ordinance shall bar a
prosecution under the other thus making it against the logic of double jeopardy. The fact that
Mr. Opulencia was acquitted on the first offense should bar the 2 nd complaint against him
coming from the same identity as that of the 1st offense charged against Mr.Opulencia.