Double jeopardy exists when the following requisites are present: (1) a
first jeopardy attached prior to the second; (2) the first jeopardy has been
validly terminated; and (3) a second jeopardy is for the same offense as in the
first. A first jeopardy attaches only (a) after a valid indictment; (b) before a competent court; (c) after
arraignment; (d) when a valid plea has been entered; and (e) when the accused has been acquitted or
convicted, or the case dismissed or otherwise terminated without his express
consent. (JOSEPH
C. CEREZO VS. PEOPLE OF THE PHILS., G.R.
NO. 185230, JUNE 1, 2011, NACHURA, J.).
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