(CRIMPRO) People V Laguio
(CRIMPRO) People V Laguio
(CRIMPRO) People V Laguio
LAGUIO
G.R. No.128587 / MAR 16, 2007 / GARCIA, J./CRIMPRO FINALITY OF
ACQUITTAL/PSPAMBID
NATURE
Petition for Certiorari seeking to set aside Resolution of
the RTC
PETITIONERS
People of the Philippines
RESPONDENTS
Hon. Perfecto A.S. Laguio, Jr. as Presiding Judge and
Lawrence Wang y Chen, et al.
SUMMARY. Hon. Perfecto A.S. Laguio, Jr., issued the assailed Resolution
granting Lawrence Wangs Demurrer to Evidence and acquitting him of all
charges for lack of evidence. The prosecution seeks to set aside the
resolution, rejected by the SC because the prosecution only raised a
question of law.
DOCTRINE. The general rule in this jurisdiction is that a judgment of
acquittal is final and unappealable. The right of the People to appeal is
expressly made subject to the prohibition against putting the accused in
double jeopardy.
FACTS.
Appeal in criminal cases throws the whole records of the case wide
open for review by the appellate court, that is why any appeal from
a judgment of acquittal necessarily puts the accused in double
jeopardy.
DECISION.
Petition DENIED.
1 Double jeopardy attaches only (a) upon a valid indictment, (b) before a competent court, (c)
after arraignment, (d) a valid plea having been entered; and (e) the case was dismissed or
otherwise terminated without the express consent of the accused