People Vs Adil
People Vs Adil
People Vs Adil
FACTS:
The first criminal complaint filed against respondent Fama Jr. on April 15, 1975
(Case No. 3335) was as follows:
That at about 5:30 o'clock in the afternoon of April 12, 1975, at Aquino Nobleza St.,
Municipality of January, Province of Iloilo, Philippines, and within the jurisdiction of
this Honorable Court the above-named accused, while armed with a piece of stone,
did then and there willfully, unlawfully and feloniously, assault, attack and use
personal violence upon one Miguel Viajar by then hurling the latter with a stone,
hitting said Miguel Viajar on the right cheek, thereby inflicting physical injuries
which would have required and will require medical attendance for a period from 5
to 9 days barring complication as per medical certificate of the physician hereto
attached.
Arraigned on July 7, 1975, the accused entered a plea of not guilty.
Meanwhile, on June 8, 1975, complainant Viajar filed a letter-complaint with the
Provincial Fiscal of Iloilo charging Atty. Alfredo Fama, Raul Fama and herein
respondent Margarito Fama, Jr. with serious physical injuries arising from the same
incident alleged in above Criminal Case No. 3335. After conducting a preliminary
investigation, under date of July 28, 1975, the Fiscal filed in the Court of First
Instance of Iloilo an information, but only against respondent Fama Jr., (Case No.
5241) for serious physical injuries as follows:
That on or about April 12, 1975, in the Municipality of January, Province of Iloilo,
Philippines, and within the jurisdiction of this Court, the said accused, with
deliberate intent, and without any justifiable motive, armed with pieces of stone did
then and there willfully, unlawfully and feloniously attack, assault and throw pieces
of stone at Miguel Viajar, hitting him on the lower right eye which would heal from
five (5) to nine (9) days barring complications but leaving a permanent scar and
deforming on the right face of said Miguel Viajar.
On August 1, 1975, Fama Jr. filed an urgent motion to defer proceedings in Criminal
Case No. 5241, claiming that since he was already charged and pleaded not guilty
in Criminal Case No. 3335, he would be in double jeopardy, if Case No. 5241 were to
be prosecuted. This motion was opposed by the Fiscal and the Court required both
parties to file their respective memorandum on the issue of double jeopardy.
IN VIEW OF THE FOREGOING, the above-entitled case is hereby ordered dismissed.
The Cash Bond posted by the accused is hereby ordered cancelled and released .
Whereupon, on even date, Fama Jr. filed an addendum to his memorandum in Case
No. 5241 inviting attention to the above dismissal order and reiterating his theory of
double jeopardy. On September 22, 1975, respondent court issued the impugned
order sustaining the contention of double jeopardy and dismissing Case No. 5241.
The prosecution's motion for reconsideration was denied in the other assailed order
of October 14, 1975, respondent judge relying on the ruling laid down in Peo. vs.
Silva, 4 SCRA 95.