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Vcalid complain or intformation

- if invalid, cannot lead to valid judgement because it cannot be said that he h


as in danger of conviction.
Vincoy v. Ca - he was convicted for estafa by the RTC. He appealed his case. On
appeal he said wait a minute theres already double jeopardy because there was a
complaint filed in the prosecutor but dismissed during the Preliminary Investiga
tion.
Held: what is dismissed is the complain and there is no case yet at that time. T
here is no information to speak of. There is no case yet.
Yes it can be refiled - the complaint can be refiled.
People v. Manaba - where rape was still not a crime against person. It was filed
by the police, bu the chief of police not by the offended party so it was disni
ssed. later the same was filed by the offended party.
Held: No because the information was valid having been filed by the police.
Cudia v. Ca
the case was filed by the imporoper officer, the city prosecutor angeles city fi
led the case but he has no jurisdiction.

Pua yi kun v. people


The first charge against petitioner in the cirty court was deficient of conent,
an element of the offense of theft.
Lasoy v. Zenarosa
The information was allegedly tampered.
2. Competent Court
- a court without jurisdcition cannot render a valid judgement,
Jurisdciton the authority to hear and decide a case. If no jursidiction, no auth
ority to hear and decide the case. The entire proceedings is null and void.

Zapatos v Pople and Binay v. Sandiganbayan


These involve public officers whose offenses in relation to his public office wi
thin the jurisdiction of sandiganbaya. These were filed in the regional trial co
urt. When these cases were dismissed, pwede ba irefile ulit sa sandiganbayan? Ye
s
3. Arraignment and Plea
- An indispensable part of a ___
if the case is dismissed before arraginment, first jeopardy does not atttach
Galvez v. Ca
Before the accused was able to enter his plea, the prosecution move to dismiss t
he case and refiled it to Murder from homicied.
Flores v. Joven
before arraignment of rape, the accused file a motion to quash the information a
nd it was granted before granted.
Held: Yes because he was not yet arraigned
The danger of delayign the arraignment is that it may be dismissed, it may still
refiled
FIRST JEOPARDY MUST HAVE BEEN FILED (MOST IMPTNT)
There is termination when may judgement tayo for consviction. The trial proceede
d, there is conviction, di na satisfy si prosecutor, he cant refile the case bec
ause the information had already attached.
The accused was acquitted - theres a prior acquittal
The case was dismissed or otherwise terminated without express consent
In this case, after the termination of the case
"Another proscution"
- may conviction may acquittal
It is refiling of the case for the same fcharge
Filing of the same offense - any attempt to tcommit the same or frustration ther
eof
or appeal or review of judgement

Take note - it is the conviction, acquittal of the accused or dismissal or termi


nation of the case that abrs further proseccution
If both cases are pending, you cannot claim jeopardy.
Vincoy v. ca -the double jeopardy exists but only after the trial,
People v. Bulaong - 2 charges. One subversion in manila. One for Rebellion in la
guna. Convicted in rebellion in laguna. On applea, he appealed his conviction fr
o rebellion,

Dismissal or termination of the case


- Acquittal - implication is the guilt of the accused is not proven beyond reaso
nable
- Conviction - proved that proof beyond reasonable doubt
- In dismissal, the consent of the accused - without the consent of the accused,
jeopardy attaches
Tupaz v. ULEP
The prosecution moved to dismiss the case, namali yung na charge niya. So he wil
l reinvestigate. The case was dismissed upon the motion of the prosecutor.
People v. Ylagan - there was a motion to dismiss by the prosecutor. sERIOUS PHYS
ICAL INJURIES. tHE PRIVATE pROSECUTOR MOVED FOR THE DISMISSAL of the case, but t
he accused did not object.
EXCEPTION
THE DISMISSAL IS WITHOUT THE CONSENT OFTHE ACCUSED BUT JEOPARDY WILL NOT ATTACH
i.e. Dismissal is made without due process, thus without jurisdiction, or with g
rave abuse of discretion
Gorion v. RTC
-The hearing was already postponed. So the accused did not appear. BUt the prose
cutor, when the judge called the case for the trial. No body answered the accuse
d. The
State v _____
This s a case fof a judge hearing everal cases against imelda marcos. The judge
heard
Serino v Zosa
- what will happen during your practice
- both parties were present, they were 3rd. They waent out to
nag hear pa si judge ng another case. When the judge called them, they were not
present. The judge dismissed their case on the ground of inadmissibility to ____
the case.
Dimissal or termination with the consent of the accused
-Pag may consent mag is deemed a waiver on his right against deouble jeopardy
1. When the accused motioned for the dismissal of the case
Dimayacyac v. CA
Falsficiation of public documents, he filed a motion to quashs because he charge
d more than one offense. More than 2 years later, he was charged with 2 crimes w
ith the same offense
Held: No at the outset it must be stated that the ____ is still a valid informat
ion
It was done upon his motion.
EXCEPTION even if dismissed or terminated with the consent of the accused, the d
ismissal is tantamount to acquittal and jeopardy attaches
i.e. Dismissal based on accused motion to disimss on the ground of speedy trial
(Salcedo v Mendoza)
i,e, Disnissal based on a demurrer of evidence - he will show to the court that
the prosuctor not withstanding with everyithing he showed to the ouert was not a
ble to prove his case to the court. So he moves to dermurrer of evidence. Effect
of dismissal: equivalent to an acquittal

The dismissal based on insufficiency of evidence (due to desistance of complaina


nt) - people v. Vera
Rule on Appeal:
Conviction usually, the accused would appeal
Acquittal, di na satisfy si prosecutor.
Any party may appeal from a judgement
When you appeal, you open the entire case for review in its entirety:
WHEN THE ACCUSED APPEALS, HE WAIVES HIS RIGHT AGAINST THROWS THE HWOLE CASE OPEN
FOR REVIEW OF THE APPELLATE COURT
People v. Rondero - he was convicted only of homicide
Judgement of acquittal in a criminal proceedings is FINAL AND UNAPPEALABLE WHTHE
R IT HAPPENS AT THE TRIAL OCURT LEVEL OR BEFORE THE CA
Thus it cannot be recalled for correction or amendment.

CERTIORARI
People v. Ca - Under rule 65 - Grave abuse of jurisdiction
The has no jurisdiction
You are questionning not the error of judgemnet, byt error of jurisdriction. Whe
there or not wrong ang judgement niya, not certiorari
Can this be done in Criminal Cases - Yes
A couet that renders judgement jurisdiction, is errror in judgement.
A second jepopardy
Jeopardy for 'Same offense' - orignal offense chargeor for any attempt to commit

EXCEPTION: SUPERVENING FACT DOCTRINE


The conviction of the avvused shall not be a bar to another prosecution for an o
ffense which necessarily includes the offense charged
LANDMARK CASE - MELO V. PEOPLE The charge is frustrated homicide, so ibig sabihi
n di siya natuluyan. On the day the accused was arraigned, 8 am, so if ma dismis
s yun, ma acquit, by 10am on that day namatay si victim. The prosecution moved t
o dimissed the case and filed for homicide. Under ordinary circ, you cannot do i
t cause frustrated homicide is included in homicide. Held: This is covered in th
e supervening fact Doctrine.
The same offense may be filed without violating right against supervening fact d
octrine.