Scribd Logo
Upload

Welcome to Scribd!

  • 32 views

    V. Cajical, G.R. No. 1574772, September 28, 2007)

    Uploaded by

    Tey Torrente
    Double jeopardy exists when: (1) a first jeopardy has attached prior to the second, (2) the first jeopardy was validly terminated, and (3) the second jeopardy is for the same offense as the first. A first jeopardy attaches after a valid indictment before a competent court, following arraignment where a valid plea has been entered, and the accused is acquitted, convicted, or the case is otherwise terminated without consent. Dismissal upon the accused's motion bars another prosecution for the same offense. Amending an information after trial began from frustrated homicide to homicide following the victim's death is a substantial amendment that violates double jeopardy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    V. Cajical, G.R. No. 1574772, September 28, 2007)

    Uploaded by

    Tey Torrente
    32 views1 page
    Double jeopardy exists when: (1) a first jeopardy has attached prior to the second, (2) the first jeopardy was validly terminated, and (3) the second jeopardy is for the same offense as the first. A first jeopardy attaches after a valid indictment before a competent court, following arraignment where a valid plea has been entered, and the accused is acquitted, convicted, or the case is otherwise terminated without consent. Dismissal upon the accused's motion bars another prosecution for the same offense. Amending an information after trial began from frustrated homicide to homicide following the victim's death is a substantial amendment that violates double jeopardy.

    Original Title

    Part 5 crimpro

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Double jeopardy exists when: (1) a first jeopardy has attached prior to the second, (2) the first jeopardy was validly terminated, and (3) the second jeopardy is for the same offense as the first. A first jeopardy attaches after a valid indictment before a competent court, following arraignment where a valid plea has been entered, and the accused is acquitted, convicted, or the case is otherwise terminated without consent. Dismissal upon the accused's motion bars another prosecution for the same offense. Amending an information after trial began from frustrated homicide to homicide following the victim's death is a substantial amendment that violates double jeopardy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views1 page

    V. Cajical, G.R. No. 1574772, September 28, 2007)

    Uploaded by

    Tey Torrente
    Double jeopardy exists when: (1) a first jeopardy has attached prior to the second, (2) the first jeopardy was validly terminated, and (3) the second jeopardy is for the same offense as the first. A first jeopardy attaches after a valid indictment before a competent court, following arraignment where a valid plea has been entered, and the accused is acquitted, convicted, or the case is otherwise terminated without consent. Dismissal upon the accused's motion bars another prosecution for the same offense. Amending an information after trial began from frustrated homicide to homicide following the victim's death is a substantial amendment that violates double jeopardy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    (a) Give the requisites of double jeopardy.

    Double jeopardy exists when the following requisites are present: (1) a first
    jeopardy attached prior to the second; (2) the first jeopardy has been
    validly terminated; and (3) a second jeopardy is for the same offense as in
    the first. A first jeopardy attaches only (a) after a valid indictment;
    (b) before a competent court; (c) after arraignment; (d) when a valid plea
    has been entered; and (e) when the accused has been acquitted or
    convicted, or the case dismissed or otherwise terminated without his
    express consent.

    (b) In what instances is the dismissal of the case upon motion of the accused a
    bar to another prosecution for the same offense?
    Double jeopardy as provided under Rule 117. (Besh di ko alam to hahahaha)

    (c) X was charged with frustrated homicide for inflicting physical injuries upon
    Y who remained in a coma during the trial. Before judgement could be
    rendered, Y died as a consequence of his injuries. Thereafter, the
    prosecution filed an amended information charging X with homicide.

    1. Is the amendment formal of substantial? Why?

    It is considered as substantial amendment since it changes the nature of


    the offense charged.

    2. May the court allow the amendment without violating the rule on double
    jeopardy? Why?
    No, allowing the amendment will constitute double jeopardy. After
    arraignment, a substantial amendment is prohibited except if the same is
    beneficial to the accused. Substantial amendment after the plea has been
    taken cannot be made over the objection of the accused, for if the original
    would be withdrawn, the accused could invoke double jeopardy. (Pacoy
    v. Cajical, G.R. No. 1574772, September 28, 2007)

    You might also like