Facts: Accused was the Collecting and Disbursing Officer of the Numancia National Vocational School, which school is also located at del Carmen, Surigao del Norte. His duties included the collection of tuition fees, preparation of vouchers for salaries of teachers and employees, and remittance of collections exceeding P500.00 to the National Treasury. An information for malversation of public funds was filed. A warrant of arrest was issued, but accused-petitioner could not be found. on 10 December 1978, Presidential Decree No. 1606 took effect creating the Sandiganbayan and conferring on it original and exclusive jurisdiction over crimes committed by public officers embraced in Title VII of the Revised Penal Code. On 15 November 1984, Navallo was finally arrested. He was released on provisional liberty upon the approval of his property bail bond. When arraigned by the RTC on 18 July 1985, he pleaded not guilty. Upon motion of the prosecution, the RTC transferred the case and transmitted its records to the Sandiganbayan. Special Prosecutor Luz L. Quiñones-Marcos opined that since Navallo had already been arraigned before the case was transferred to the Sandiganbayan, the RTC should continue taking cognizance of the case. The matter was referred to the Office of the Ombudsman which held otherwise. The information was then docketed with the Sandiganbayan. A new order for Navallo's arrest was issued by the Sandiganbayan. The warrant was returned with a certification by the RTC Clerk of Court that the accused had posted a bail bond. Navallo filed a motion to quash, contending (1) that the Sandiganbayan had no jurisdiction over the offense and the person of the accused and (2) that since the accused had already been arraigned by the RTC, the attempt to prosecute him before the Sandiganbayan would constitute double jeopardy. However this was denied and trial ensued and he was found guilty.
Issue: Whether or Not the constitutional right against double jeopardy and in custodial investigations in favor of the accused violated.
Held: No. Double jeopardy requires the existence of the following requisites:
(1) The previous complaint or information or other formal charge is sufficient in form and substance to sustain a conviction;
(2) The court has jurisdiction to try the case;
(3) The accused has been arraigned and has pleaded to the charge; and
(4) The accused is convicted or acquitted or the case is dismissed without his express consent.
The RTC was devoid of jurisdiction when it conducted an arraignment of the accused which by then had already been conferred on the Sandiganbayan. Moreover, neither did the case there terminate with conviction or acquittal nor was it dismissed.
No. Appellant is not in custodial investigation. A person under a normal audit examination is not under custodial investigation. An audit examiner himself can hardly be deemed to be the law enforcement officer contemplated in the above rule. In any case, the allegation of his having been "pressured" to sign the Examination Report prepared by Dulguime (examined cash, as ordered by Espino, the provincial auditor) appears to be belied by his own testimony.
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