Category Archives: Double Jeopardy

An order of dismissal arising from the grant of a demurrer to evidence has the effect of an acquittal unless the order was issued with grave abuse of discretion amounting to lack or excess of jurisdiction

Posted on February 27, 2012 by Erineus

An order of dismissal arising from the grant of a demurrer to evidence has the effect of an acquittal unless the order was issued with grave abuse of discretion amounting to lack or excess of jurisdiction. In criminal cases, the … Continue reading →

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Can the acquitted invoke his right against double jeopardy when the judgment made is void due to grave abuse of discretion?

Posted on January 2, 2012 by Erineus

No person shall be twice put in jeopardy of punishment for the same offense.[13]This constitutional mandate is echoed in Section 7 of Rule 117 of the Rules of Court which provides: Section 7. Former conviction or acquittal; double jeopardy. – … Continue reading →

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Motion to quash is proper even after the accused had been arraigned if the same is grounded on failure to charge an offense and lack of jurisdiction of the offense charged, extinction of the offense or penalty and jeopardy.

Posted on May 6, 2011 by Erineus

At issue is whether or not the Sandiganbayan acted with grave abuse of discretion in denying petitioner’s motion to quash the informations filed after she had pleaded thereto. Rule 117, Section 8 of the 1985 Rules on Criminal Procedure, as … Continue reading →

Posted in Double Jeopardy, Jurisdiction, Motion to Quash, Right Against Double Jeopardy | Tagged , | Leave a comment