Facts: That sometime on January 4,1974, accused Pacifico Sensio, Romeo Millan and Wilfredo Jochico who were then scalers at the Hawaiian-Philippine Company, weighed cane cars No.1743,1686 and 1022 loaded with sugar canes which were placed in tarjetas (weight report cards), Apparently, it was proven and shown that there was padding of the weight of the sugar canes and that the information on the tarjetas were to be false making it appear to be heavier than its actual weight. The three accused then were charged with “Falsification by private individuals and use of falsified document”. After the prosecution had presented, the respondent moved to dismiss the charge against them on the ground that the evidences presented were not sufficient to establish their guilt beyond reasonable doubt. Acting on the motion, respondent court issued its order dismissing the case on the ground that the acts committed by the accused do not constituted the crime of falsification as strictly enumerated in the revised penal code defining the crime of falsification which was charged earlier and that their case be dismissed. People asserts that the plea of double jeopardy is not tenable even if the case at bar was dismissed because according to them, it was done with the consent of the accused therefore waiving there defense of double jeopardy. The accused on the other hand, reiterated the fact that the dismissal was due to lack of merits of the prosecution which would have the same effect as an acquittal which will bar the prosecution from prosecuting the accused for it will be unjust and unconstitutional for the accused due to double jeopardy rule thus the appeal of the plaintiff.
Issue: Whether or Not the grant of petition by the court would place the accused Sensio, Millan and Jochico in double jeopardy
Held: Yes the revival of the case will put the accused in double jeopardy for the very reason that the case has been dismissed earlier due to lack of merits. It is true that the criminal case of falsification was dismissed on a motion of the accused however this was a motion filed after the prosecution had rested its case, calling for the evidence beyond reasonable ground which the prosecution had not been able to do which would be tantamount to acquittal therefore will bar the prosecution of another case. As it was stated on the requirements of a valid defense of double jeopardy it says: That there should be a valid complaint, second would be that such complaint be filed before a competent court and to which the accused has pleaded and that defendant was previously acquitted, convicted or dismissed or otherwise terminated without express consent of the accused in which were all present in the case at bar. There was indeed a valid, legitimate complaint and concern against the accused Sensio, Millan and Jochico which was filed at a competent court with jurisdiction on the said case. It was also mentioned that the accused pleaded not guilty and during the time of trial, it was proven that the case used against the accused were not sufficient to prove them guilty beyond reasonable doubt therefore dismissing the case which translates to acquittal. It explained further that there are two instances when we can conclude that there is jeopardy when first is that the ground for the dismissal of the case was due to insufficiency of evidence and second, when the proceedings have been reasonably prolonged as to violate the right of the accused to a speedy trial. In the 2 requisites given, it was the first on that is very much applicable to our case at bar where there was dismissal of the case due to insufficiency of evidence which will bar the approval of the petition in the case at bar for it will constitute double jeopardy on the part of the accused which the law despises.
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