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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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March-1950 Jurisprudence                 

  • G.R. No. L-1720 March 4, 1950 - SIA SUAN, ET AL. v. RAMON ALCANTARA

    085 Phil 669

  • G.R. No. L-2038 March 4, 1950 - LUIS DEL CASTILLO v. METROPOLITAN INSURANCE COMPANY

    085 Phil 678

  • G.R. No. L-2171 March, 4, 1950 - EL PUEBLO DE FILIPINAS v. IDE LAGON RAMOS

    085 Phil 683

  • G.R. No. L-2407 March 4, 1950 - PEOPLE OF THE PHIL. v. MATIAS ALUPAY

    085 Phil 688

  • G.R. No. L-2447 March 4, 1950 - PEOPLE OF THE PHIL. v. PEDRO PULIDO, ET AL

    085 Phil 695

  • G.R. No. L-1296 March 6, 1950 - PEOPLE OF THE PHIL. v. JOSE PALICTE

    085 Phil 711

  • G.R. No. L-1546 March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA

    085 Phil 714

  • G.R. No. L-2462 March 6, 1950 - EL PUEBLO DE FILIPINAS v. GO LEE

    085 Phil 718

  • G.R. No. L-2665 March 6, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO PATERNO, ET AL

    085 Phil 722

  • G.R. No. L-2996 March 6, 1950 - PEOPLE OF THE PHIL. v. PRECIANO MEJARES, ET AL.

    085 Phil 727

  • G.R. No. L-3463 March 6, 1950 - LEONCIO ROSARES v. DIRECTOR OF PRISONS

    085 Phil 730

  • G.R. No. L-2335 March 7, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO MORENO

    085 Phil 731

  • G.R. No. L-3643 March 7, 950

    CARLOS C. ASPRA v. DIRECTOR OF PRISONS

    085 Phil 737

  • G.R. No. L-2269 March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN

    085 Phil 738

  • G.R. No. L-1990 March 15, 1950 - PEOPLE OF THE PHIL. v. LEONILO GANAL, ET AL.

    085 Phil 743

  • G.R. No. L-2809 March 22, 1950 - PEOPLE OF THE PHIL. v. FRISCO HOLGADO

    085 Phil 752

  • G.R. No. L-3022 March 22, 1950 - PEOPLE OF THE PHIL. v. PEDRO CABASA, ET AL

    085 Phil 758

  • G.R. No. L-3580 March 22, 1950 - CONRADO MELO v. PEOPLE OF THE PHIL., ET AL

    085 Phil 766

  • G.R. No. L-2217 March 23, 1950 - MIGUEL R. CORNEJO v. BIENVENIDO A. TAN

    085 Phil 772

  • G.R. No. L-2582 March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ

    085 Phil 776

  • G.R. No. L-2981 March 23, 1950 - VISAYAN SURETY & INSURANCE CORP. v. VICTORIA PASCUAL, ET AL

    085 Phil 779

  • G.R. No. L-2434 March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL.

    085 Phil 786

  • G.R. No. L-2584 March 25, 1950 - PEOPLE OF THE PHIL. v. TEODORO BARRAMEDA

    085 Phil 789

  • G.R. No. L-2636 March 25, 1950 - YU SIP v. COURT OF APPEALS

    085 Phil 795

  • G.R. No. L-2784 March 25, 1950 - PEOPLE OF THE PHIL. v. GERARDO NARSOLIS ET AL.

    085 Phil 798

  • G.R. No. L-2856 March 27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL

    085 Phil 802

  • G.R. No. L-2743 March 29, 1950 - PEOPLE OF THE PHIL. v. SIXTO CANDELARIA

    085 Phil 805

  • G.R. No. L-836 March 30, 1950 - PEOPLE OF THE PHIL. v. ANACLETO MAGDANG, ET AL

    085 Phil 807

  • G.R. No. L-1912 March 30, 1950 - EL PUEBLO DE FILIPINAS v. ANATOLIO LLENARIZAS

    085 Phil 809

  • G.R. No. L-2239 March 30, 1950 - PEOPLE OF THE PHIL. v. AURELIO SANTIAGO

    085 Phil 813

  • G.R. No. L-2275 March 30, 1950 - PEOPLE OF THE PHIL. v. SIMPLICIO MACASO, ET ALS.

    085 Phil 819

  • G.R. No. L-2288 March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG

    085 Phil 829

  • G.R. No. L-2600 March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO

    085 Phil 832

  • G.R. No. L-2647 March 30, 1950 - PEOPLE OF THE PHIL. v. DIONISIO S. SERRANO

    085 Phil 835

  • G.R. No. L-2681 March 30, 1950 - PEOPLE OF THE PHIL. v. DARIO MARGEN, ET AL.

    085 Phil 839

  • G.R. No. L-2175 March 31, 1950 - NG GIOC LIU v. SECRETARY OF THE DFA

    085 Phil 842

  • G.R. No. L-2189 March 31, 1950 - PEOPLE OF THE PHIL. v. CILDO, ET AL

    085 Phil 845

  • G.R. No. L-2318 March 31, 1950 - PEOPLE OF THE PHIL. v. TEOFILO PAAR

    085 Phil 864

  • G.R. No. L-2405 March 31, 1950 - PEOPLE OF THE PHIL. v. JUAN DE LOS SANTOS

    085 Phil 870

  • G.R. No. L-2801 March 31, 1950 - PEOPLE OF THE PHIL. v. PEDRO BELANDRES, ET AL.

    085 Phil 874

  • G.R. No. L-2880 March 31, 1950 - PEOPLE OF THE PHIL. v. DEMETRIO MOSTOLES, ET AL.

    085 Phil 883

  •  




     
     

    G.R. No. L-2600   March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO<br /><br />085 Phil 832

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2600. March 30, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. PEDRO MARAPAO, Defendant-Appellee.

    Solicitor General Felix Bautista Angelo and Solicitor Francisco Carreon for Appellant.

    Honorato S. Hermosisima for Appellee.

    SYLLABUS


    1. CRIMINAL PROCEDURE, RULES OF DOUBLE JEOPARDY; DISMISSAL OF FIRST INFORMATION ON ACCUSED’S REQUEST BEFORE JUDGMENT. — When an information for the crime of slight physical injuries is dismissed at the instance of the accused during the trial, he is not entitled to invoke the defense of double jeorpardy in a subsequent information filed against him for the crime of assault upon a person a person in authority., pursuant to the provisions of section 9 of Rule 113 of the Rules of Court.


    D E C I S I O N


    REYES, J.:


    This is an appeal by the Government from an order of the Court of First Instance of Cebu dismissing the present case on the ground of double jeopardy.

    The record elevated to this Court is rather incomplete, but both the prosecution and the defense appear to be in agreement on the essential facts, which may be summarized as follows:.

    On April 26, 1946, a complaint was filed in the justice of the peace court of Sibonga, Cebu, charging the appellee with slight physical injuries. Upon arraignment, the appellee pleaded not guilty and went to trial. After the prosecution had closed its evidence, a continuance was had, and when trial was resumed on June 1, 1946, the court, upon motion of the defense, ordered the case dismissed for failure of the prosecution to appear. A few moments thereafter, the fiscal appeared and protested against the order of dismissal, whereupon the court reconsidered its order and directed the defense to present its evidence on June 7, 1946. But before that date came, the defense moved that the last order be set aside on the ground that the reinstatement of the case after it had already been dismissed put the accused twice in jeopardy. Acceding to this motion, the court finally ordered the case dismissed on June 12, 1946.

    With the evidence for the prosecution already in, it was error to dismiss the case for mere failure of the fiscal to be in court at the time set for the resumption of trial. What the court should have done, if it did not want to have the trial postponed, was to proceed with the reception of defendant’s evidence. But the validity of the order of dismissal is not now in issue, for no appeal has been taken therefrom. The fiscal chose to take a different course of action by filing an information in the Court of First Instance of Cebu, charging the appellee with the crime of assault upon a person in authority, based upon the same facts alleged in the former information for slight physical injuries but with the further allegation that the appellee, in inflicting said injuries, was "moved by resentment by reason of the fact that Eduardo Caballes (the complaining witness) performed faithfully his duties as chairman of the board of election inspectors in precinct No. 7 of this municipality during election day." This last information having been dismissed by the court on the ground of double jeopardy, the Government has brought the case here on appeal from the order of dismissal.

    Section 9 of Rule 113, Rules of Court, reads as follows:jgc:chanrobles.com.ph

    "SEC. 9. Former conviction or acquittal or former jeopardy. — When a defendant shall have been convicted or acquitted, or the case against him dismissed or otherwise terminated without the express consent of the defendant, by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction, and after the defendant had pleaded to the charge, the conviction or acquittal of the defendant or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information."cralaw virtua1aw library

    The Solicitor General admits that the present information for assault upon a person in authority necessarily embraces the crime of slight physical injuries for which the appellee was indicted in the justice of the peace court, so that the filing of said information would put the appellee in double jeopardy provided the other essential elements of this defense were present, among them those referring to (1) previous conviction or acquittal and (2) dismissal of the case or its termination in some other manner without defendant’s express consent.

    In the present case, it appears that the appellee was neither convicted nor acquitted of the previous charge against him for slight physical injuries, for that case was dismissed upon his own request before trial could be finished. Having himself asked for such dismissal, before a judgment for conviction or acquittal could have been rendered, the appellee is not entitled to invoke the defense of double jeopardy under the rule above copied.

    In view of the foregoing, the order appealed from is hereby revoked and the case remanded to the lower court for further proceedings. The appellee shall pay costs.

    Moran, C.J., Ozaeta, Pablo, Padilla, Tuason and Montemayor, JJ., concur.

    BENGZON, J.:


    I reserve my vote.

    REYES, J.:


    I hereby certify that Mr. Justice Montemayor and Mr. Justice Torres voted in favor of this decision but were not able to sign it before they left Manila for the court sessions in Baguio.

    G.R. No. L-2600   March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO<br /><br />085 Phil 832




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