SUPREME COURT DECISIONS

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Endnotes:


1 Rollo, pp. 75-94.

2 Special Sixteenth Division composed of J. Eduardo G. Montenegro, chairman and ponente; and JJ. Artemon D. Luna, Jainal D. Rasul, and Marina L. Buzon, concurring. J. Salvador J. Valdez Jr. dissented.

3 Rollo, pp. 18-20.

4 Penned by Judge Francisco H. Escano Jr.

5 Rollo, pp. 25-26.

6 Petitioners filed their Notice of Appeal on September 21, 1994.

7 Rollo, pp. 76-77.

8 The case was deemed submitted for decision on June 10, 1999, upon the receipt by the Court of a manifestation from the Office of the Solicitor General indicating that it was adopting as its Memorandum, the Comment it had filed on December 8, 1998. The petitioners Memorandum was filed on May 19, 1999.

9 Rollo, p. 132.

10 Ledesma v. Court of Appeals, 278 SCRA 656, September 5, 1997.

11 Namuhe v. Ombudsman, GR No. 124965, October 29, 1998.

12 Leonor v. Court of Appeals, 256 SCRA 69, April 2, 1996.

13 To raise the defense of double jeopardy, three requisites must concur: (1) a first jeopardy must have attached prior to the second; (2) the first jeopardy must have terminated; and (3) the second jeopardy must be for the same offense, or the second offense includes or is necessarily included in the offense charged in the first information, or is an attempt to commit the same or is a frustration thereof. The first 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. People v. Cawaling, 293 SCRA 267, July 28, 1998; Guerrero v. Court of Appeals, 257 SCRA 703, June 28, 1996; People v. Leviste, 255 SCRA 238, March 28, 1996. Thus, when the court that takes cognizance of a case is without jurisdiction, all proceedings in such court are void; hence, jeopardy does not attach. See Navallo v. Sandiganbayan et al., 234 SCRA 175, July 18, 1994 Gonzales v. Court of Appeals, 232 SCRA 667, May 31, 1994.

14 See People v. Janairo, GR No. 129254, July 22, 1999; People v. Muleta, GR No. 130189, June 25, 1999; People v. Narvasa, 298 SCRA 637, November 16, 1998; People v. Bernaldez, 294 SCRA 317, August 17, 1998; People v. Llaguno, 285 SCRA 124, January 28, 1998; People v. Racquel, 265 SCRA 248, December 2, 1996; People v. Soria, 262 SCRA 739, October 4, 1996; People v. Cruz, 262 SCRA 237, September 20, 1996; People v. Hangad, 227 SCRA 244, October 14, 1993; People v. Lascuna, 225 SCRA 386, August 18, 1993; People v. Cordova, 224 SCRA 317, July 5, 1993; People v. Ramos, 222 SCRA 557, May 25, 1993; People v. Taneo, 218 SCRA 494, February 8, 1993.




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