Tangan Vs People

 

USA College of Law

Case Name Topic Case No. | Date

16. Tangan vs People Double Jeopardy G.R. No. 73963 November 5, 1987

Ponente

PARAS, J.

Doctrine

To raise the defense of double jeopardy, three requisites must be present: (1) a rst jeopardy must have been aached prior to the second; (2) the rst jeopardy must have been validly terminated; and (3) the second jeopardy must be for the same oense as that in the rst

RELEVANT FACTS 

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Pettoner has been charged on July 1, 1985 before he Regional Trial Cour of Makat, Branch 136 in an informaton ha described he commission of he crime of murder wih he use of an unlicensed rearm and dockeed as Criminal Case No. 17587 Before he scheduled dae of arraignmen on Augus 8, 1985, however, a new investgaton of he case was made upon reques of pettoner led wih he Oce of he  he Provincial Fiscal of Pasig, Rizal (Rollo, p. 94). Subsequenly, he oense charged was changed o homicide wih he use of a licensed rearm, wih he informaton amended on Augus 16, 1985. On Sepember 4, 1985 pettoner enered e nered a plea of "no guily" o he amended charge of homicide. On Sepember 18, 1985 a resoluton was issued by he Oce of he Provincial Fiscal of Rizal nding probable cause o hold pettoner for illegal possession of rearms and ammunitons used in he commission of homicide as dened and punished under Secton I of Presidental Decree 1866 and on he same dae, informaton was led in he same cour indictng pettoner for he oense dockeed as Criminal Case No. 19350. On Ocober 30, 1985 pettoner led a moton o quash he informaton in Criminal Case No. 19350. (1) he informaton charges more han one oense which are separaely punishable under existng laws; (2) he criminal acton or liabiliy of he accused has been extnguished; and (3) he accused is in jeopardy of being conviced, or acquied, of he oense charged The moton o quash was denied. On January 24, 1986 pettoners moved for he reconsideraton of he resoluton of January 9, 1986 buil he same was again denied by responden judge in an order daed March 5, 1986. Hence, his petton led wih his Cour on March 26, 1986 1 986

ISSUE: Whether or not peoner is in jeopardy of being tried, convict convicted ed and/or punished twice for the same oense. RULING: NO. There is no double jeopardy in he ling of he informaton for homicide in Criminal Case No. 17587 and in he ling of he informaton for illegal possession of rearms and ammuniton used in he commission of homicide in Criminal Case No. 19350 for he simple reason ha he rs jeopardy je opardy had no ye aached. I is wellseled ha he mere ling of wo informatons or complains charging he same oense does no ye aord he accused in hose cases he occasion o complain ha he is being placed in jeopardy je opardy wice for he same oense, for he simple reason ha he primary basis of he defense of double jeopardy is ha he accused has already been conviced or acquied in he rs case or ha he same has been erminaed wihou his express consen. I is he convicton or jeopardy of being conviced or he acquial of he accused or erminaton of he case ha bars furher prosecuton of he same oense or any aemp o commi he same or frusraton hereof, or for any oense which necessarily includes or is necessarily included in he oense charged in he former complain or informaton.

PREMISES CONSIDERED, (a) he petton is hereby dismissed, for lack of meri; (b) he resraining order issued by he Cour on April 23, 1986 is permanenly lied; and (c) Criminal Cases Nos. 17850 and 19350 are consolidaed and a join hearing hereon is ordered conduced