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Showing 73–96 of 108 articles for “double jeopardy”

Double Jeopardy and Grave Abuse of Discretion: When Acquittal Can Be Challenged

Philippine Supreme Court explains when an acquittal can be challenged and the limits of double jeopardy protection.

Double Jeopardy Prevails When Acquittal Bars Further Prosecution

Philippine Savings Bank v. Bermoy clarifies that an acquittal on demurrer to evidence bars any further prosecution, even if the trial court erred.

Tax Assessments and Double Jeopardy: Guarding Against Erroneous Government Actions

The Supreme Court clarifies the limits of double jeopardy protection in tax assessments, ensuring fair treatment for taxpayers facing repeated government actions.

Double Jeopardy or Civil Redress: Understanding Remedies in Bouncing Check Cases

One bouncing check can trigger both estafa and BP 22 cases, but only one civil recovery. Learn the rules.

Double Jeopardy and Amendment of Information: Protecting Accused Rights After Conviction

Supreme Court rules on double jeopardy when prosecution tries to amend information after conviction and probation application.

Double Jeopardy and Falsification: Understanding Distinct Offenses in Philippine Law

The Supreme Court explains when the same act can produce separate crimes without violating double jeopardy, using a falsification case.

Acquittal Based on Demurrer to Evidence: Limits and Exceptions in Philippine Law

When is an acquittal final? The Supreme Court explains the double jeopardy rule and its exception in People v. Sandiganbayan.

Treachery Defined: When a Surprise Attack Qualifies as Murder in the Philippines

When does a sudden attack amount to treachery that qualifies killing as murder? The Supreme Court explains the rules on treachery, bail, and double jeopardy.

Double Jeopardy Acquittal AND THE Limits OF Certiorari IN Philippine LAW

Double Jeopardy and Forum Shopping: When Filing Redundant Claims Backfires

The Supreme Court clarifies when filing multiple suits for the same cause of action constitutes forum shopping and why dismissal is proper.

Double Jeopardy? No—Forum Shopping and Abuse of Judicial Processes

When a party files suits in different courts for the same relief, it commits forum shopping—an abuse of judicial processes with serious consequences.

Double Jeopardy and Reinstating a Dismissed Criminal Case: What the Supreme Court Says

When can a dismissed criminal case be reinstated without violating double jeopardy? The Supreme Court explains the rules on provisional dismissal.

Admission vs Confession: Why Weak Prosecution Evidence Led to Acquittal in Sanvicente

The Supreme Court explains the difference between an admission and a confession, and why double jeopardy barred the prosecution's appeal.

Finality of Judgment: Accused's Waiver of Appeal Bars Reopening of Homicide Case

A conviction becomes final when the accused waives appeal, and the trial court loses jurisdiction to reopen the case—double jeopardy protects the accused.

Finality of Judgment vs Double Jeopardy: When Can a Court Change Its Decision

A conviction becomes final once probation is applied for. A court cannot later amend the sentence without violating double jeopardy.

Double Jeopardy: Why the Prosecution Cannot Appeal to Increase a Criminal Penalty

The Supreme Court explains why the prosecution cannot appeal a conviction to seek a higher penalty, citing the constitutional right against double jeopardy.

Double Jeopardy Shield: Why the Prosecution Can't Appeal for Harsher Penalties

Learn how the double jeopardy rule protects accused persons from repeated prosecutions and why the prosecution cannot appeal to increase penalties.

Double Jeopardy and Modification of Criminal Penalties: Protecting the Accused

The Supreme Court rules that courts cannot increase a convicted person's penalty on the prosecution's motion, citing double jeopardy protections.

Double Jeopardy Bars Prosecution Appeal to Increase Penalty After Conviction

Philippine Supreme Court rules prosecution cannot appeal to increase a convicted accused's penalty—doing so violates the constitutional right against double jeopardy.

Illegal Possession of Firearms: Essential Elements and Double Jeopardy Explained

Understand the essential elements of illegal possession of firearms under PD 1866, as amended by RA 8294, and when double jeopardy applies.

Double Jeopardy and the Immutability of Acquittal in Philippine Law

A judge who "revised" an acquittal into a murder conviction was fined for gross ignorance of the law. Learn why acquittals are final.

Unlicensed Firearm Use in Murder: Retroactive Law and Double Jeopardy Explained

Philippine Supreme Court ruling on retroactive application of R.A. 8294 and its effect on separate charges for illegal firearm possession.

Credibility in Grave Coercion Cases: Scrutinizing Witness Testimony and Double Jeopardy Claims

How the Supreme Court weighed witness credibility in grave coercion and rejected a double jeopardy defense in Sarabia v. People.

Double Jeopardy Denied: The Perils of Forum Shopping in Philippine Law

When can a judge inhibit from a case? The Supreme Court explains the limits of voluntary inhibition and the dangers of forum shopping.