STATEMENT OF FACTS

The plaintiffs are the heirs of Condonuevo who was killed in a

hostage incident in First Optima Realty Corp. building on F. Roman
Street. Condonuevo was a lawyer who held on the first floor of the said
building. Charlemaene Aton was the security guard on duty employed
by the Golden Knight Security Agency. Condonuevo was taken as
hostage and later killed by Aton.

The lawyer was about to leave the building when he could not find
his car keys. He vented his frustration to Aton which turned into a
heated argument. The fight between the two men turned into a hostage
situation, with Aton drawing his service firearm, detaining Condonuevo
and holding him at gunpoint inside his small law office. The hostage
situation lasted for more than 10 hours. Towards the end of the hostage
incident, the guard shot the lawyer in the head with a .38-cal. revolver
before shooting himself also in the head.
circumstances

one offffense is merely an attempt or frustration of the other [cannot

charge according to stage]

one offffense necessarily includes or is necessarily included by the other

EX: slight physical injuries in homicide, acts of lasciviousness in rape

EXC: supervening event transforming slight physical injuries into homicide if

victim dies due to injuries he sustained-> prosecution could not have

anticipated death thus can fifile after termination of fifirst jeopardy; amend

information and rearraign

EX: victim dies during pendency then did not amend information: double

jeopardy if another case for homicide fifiled

EXC: prosecution did not know: rule on supervening event still applies

thus no double jeopardy

Disini Jr v DOJ Secretary- libel and Anti-Cyber Crime; SC: it will be double

jeopardy once tried under Cyber thus can no longer be tried under RPC;

pornography also punished under Cyber Crime Law thus if charged under

Cyber Crime cannot be charged under Anti-Pornography

not identical [although may arise from the same facts and circumstances]
bouncing check [mere issuance] and estafa [deceit and fraud]

can fifile as many cases

EX: estafa and BP22- not identical

EXC: malversation, plunder, and falsifification- difffference in amount; if convicted of least

serious offffense

other cases are subject to double jeopardy