TOPIC Rule 117 MTQ – Double Jeopardy

CASE NO. G.R. No. 151912

CASE NAME PSB v. Spouses Bermoy
MEMBER Antonio Alejandro T. Rebosa, Jr.

DOCTRINE
The right against double jeopardy can be invoked if (a) the accused is charged with the same offense in two
separate pending cases, or (b) the accused is prosecuted anew for the same offense after he had been
convicted or acquitted of such offense, or (c) the prosecution appeals from a judgment in the same case.

RECIT-READY DIGEST
Based on a complaint filed by petitioner PSB, Bermoy Spouses were charged with estafa thru falsification
of a public document in the Regional Trial Court. Upon arraignment, respondent spouses pleaded “not
guilty” to the charge and the case was set for trial. After the prosecution rested its case, the defense filed,
with leave of court, a demurrer to evidence on the ground that the prosecution failed to identify respondent
spouses as the accused. The trial court dismissed the case. PSB filed a petition for certiorari with the Court
of Appeals. The CA denied petition holding that the trial court was correct in granting the demurrer to
evidence for insufficiency of evidence on account of lack of proper identification of the accused. But even
assuming that the trial court erred, the acquittal of the accused can no longer be reviewed either on appeal
or on petition for certiorari for it would violate the right of the accused against double jeopardy. Thus this
petition. The Solicitor General contends that the trial court’s dismissal of Criminal Case No. 96-154193
was tainted with grave abuse of discretion thus, double jeopardy does not apply in this case. The SC held
that double jeopardy applies in this case.

On the last element, the rule is that a dismissal with the express consent or upon motion of the accused does
not result in double jeopardy. However, this rule is subject to two exceptions, namely, if the dismissal is
based on insufficiency of evidence or on the denial of the right to speedy trial.[16] A dismissal upon
demurrer to evidence falls under the first exception. Since such dismissal is based on the merits, it amounts
to an acquittal. As the CA correctly held, the elements required in Section 7 were all present in Criminal
Case No. 96-154193. Thus, the Information for estafa through falsification of a public document against
respondent spouses was sufficient in form and substance to sustain a conviction. The trial court had
jurisdiction over the case and the persons of respondent spouses. Respondent spouses were arraigned
during which they entered “not guilty” pleas. Finally, Criminal Case No. 96-154193 was dismissed for
insufficiency of evidence. Consequently, the right not to be placed twice in jeopardy of punishment for the
same offense became vested on respondent spouses. Section 2, Rule 122 of the Rules of Court provides that
“any party may appeal from a final judgment or order, except if the accused would be placed thereby in
double jeopardy.” Here, PSB seeks a review of the 21 April 1998 Order dismissing Criminal Case No. 96-
154193 for insufficiency of evidence. It is in effect appealing from a judgment of acquittal. By mandate of
the Constitution and Section 7, the courts are barred from entertaining such appeal as it seeks an inquiry
into the merits of the dismissal.

FACTS
• PSB filed a complaint against the Spouses Bermoy. Based on such, the spouses were charged with
estafa thru falsification of a public document in the RTC of Manila.
• Upon arraignment, the spouses pleaded “not guilty” to the charge.
• The RTC set the pre-trial on June 11, 1997. After the hearing on that day, the RTC issued the
following Order:

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 • When the case was called for hearing, Atty. Maria Concepcion Puruganan, who entered her
appearance as private prosecutor and Atty. Albino Achas, defense counsel, appeared and upon their
stipulation, they admitted the jurisdiction of the Court and the identities of the accused.
o Upon motion of Atty. Puruganan, private prosecutor, joined by public prosecutor Antonio
Israel, without objection from Atty. Achas, let the initial hearing for the reception of the
evidence for the prosecution be set on June 18, 1997 at 8:30 a.m., as previously scheduled.
• The minutes of the hearing, which respondent spouses signed, bore the following handwritten
notation under the heading "remarks": "Postponed. Upon joint agreement of counsels." This was
the only notation made under "remarks." Nowhere in the one-page minutes of the hearing did it
state that any of the accused made any stipulation or admission.
• During the 2 hearings, the prosecution presented the testimonies of Crisostomo, manager of PSB’s
Libertad Manila Branch, and Caluag, an employee of PSB.
o Crisostomo testified that she came to know the spouses when they applied for a loan in
Feb. 1994. Crisostomo stated that the spouses presented to her TCT 207434 issued in their
name over a parcel of land in Malate which they offered as collateral for the loan.
Crisostomo further stated after the approval of the loan that the spouses should execute in
her presence a real estate mortgage of the Malate lot in favor of PSB as security.
o Caluag testified that he was tasked to register the certificate of sale over the Malate Lot
with the Register of Deeds of Manila but the latter refused to do so because the Malate lot
had been mortgaged and sold to the spouses Alamo.
• Instead of presenting its evidence, the defense filed, with leave of court, a demurrer to evidence on
the ground that the prosecution failed to identify the spouses as the accused in the criminal case.
The prosecution, through the private prosecutor, opposed the motion claiming that Crisostomo and
Calang had identified the spouses. The prosecution also pointed out that as borne by the Order, the
spouses stipulated on their identity during the pre-trial.
• RTC: granted the spouses’ motion and acquitted the spouses. The CA affirmed.

ISSUE/S:
1. Did double jeopardy attach in this case? – YES

RATIO:
1. Double Jeopardy did attach to this case.
• The right against double jeopardy can be invoked if (a) the accused is charged with the
same offense in two separate pending cases, or (b) the accused is prosecuted anew for the
same offense after he had been convicted or acquitted of such offense, or (c) the
prosecution appeals from a judgment in the same case.
o The last is based on Section 2, Rule 122 of the Rules of Court which provides that
"any party may appeal from a final judgment or order, except if the accused would
be placed thereby in double jeopardy.
o Here, PSB seeks a review of the 21 April 1998 Order dismissing Criminal Case
No. 96-154193 for insufficiency of evidence. It is in effect appealing from a
judgment of acquittal. By mandate of the Constitution and Section 7, the courts are
barred from entertaining such appeal as it seeks an inquiry into the merits of the
dismissal.
• Related to his right of repose is the defendant’s interest in his right to have his trial
completed by a particular tribunal.
• Society’s awareness of the heavy personal strain which the criminal trial represents for the
individual defendant is manifested in the willingness to limit Government to a single
criminal proceeding to vindicate its very vital interest in enforcement of criminal laws.

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• The ultimate goal is prevention of government oppression; the goal finds its voice in the
finality of the initial proceeding.
• As observed in Lockhart v. Nelson, "(t)he fundamental tenet animating the Double
Jeopardy Clause is that the State should not be able to oppress individuals through the
abuse of the criminal process." Because the innocence of the accused has been confirmed
by a final judgment, the Constitution conclusively presumes that a second trial would be
unfair.
• PEOPLE v. BANS
o In terms of substantive law, the Court will not pass upon the propriety of the order
granting the Demurrer to Evidence on the ground of insufficiency of evidence and
the consequent acquittal of the accused, as it will place the latter in double
jeopardy. Generally, the dismissal of a criminal case resulting in acquittal made
with the express consent of the accused or upon his own motion will not place the
accused in double jeopardy. However, this rule admits of two exceptions, namely:
insufficiency of evidence and denial of the right to a speedy trial xxx In the case
before us, the resolution of the Demurrer to Evidence was based on the ground of
insufficiency of evidence xxx Hence, it clearly falls under one of the admitted
exceptions to the rule. Double jeopardy therefore, applies to this case and this
Court is constitutionally barred from reviewing the order acquitting the accused.
• PEOPLE v. VELASCO
o The fundamental philosophy highlighting the finality of an acquittal by the trial
court cuts deep into "the humanity of the laws and in a jealous watchfulness over
the rights of the citizen, when brought in unequal contest with the State x x x x"
Thus, Green [v. United States] expressed the concern that "(t)he underlying idea,
one that is deeply ingrained in at least the Anglo-American system of
jurisprudence, is that the State with all its resources and power should not be
allowed to make repeated attempts to convict an individual for an alleged offense,
thereby subjecting him to embarrassment, expense and ordeal and compelling him
to live in a continuing state of anxiety and insecurity, as well as enhancing the
possibility that even though innocent, he may be found guilty."
o It is axiomatic that on the basis of humanity, fairness and justice, an acquitted
defendant is entitled to the right of repose as a direct consequence of the finality
of his acquittal. The philosophy underlying this rule establishing the absolute
nature of acquittals is "part of the paramount importance criminal justice system
attaches to the protection of the innocent against wrongful conviction." The interest
in the finality-of-acquittal rule, confined exclusively to verdicts of not guilty, is
easy to understand: it is a need for "repose," a desire to know the exact extent of
one’s liability. With this right of repose, the criminal justice system has built in a
protection to insure that the innocent, even those whose innocence rests upon a
jury’s leniency, will not be found guilty in a subsequent proceeding.