Friday, August 24, 2012

DOUBLE JEOPARDY


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.). 

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.

Post a Comment