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[ G.R. No. 120538. June 14, 2000]

DIONE MOHAMMAD & ANITA DE SILVA vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 14 2000.

G.R. No. 120538 (Dione Mohammad and Anita de Silva vs. Court of Appeals (CA), Judge Roberto L. Makalintal and Monita Mohammad.)

Private respondent filed before the Metropolitan Trial Court (MTC) of Para�aque a case for concubinage against petitioners to which the latter pleaded not guilty. For failure of private respondent to appear at the hearing, said court, upon motion of petitioners, issued an order provisionally dismissing the case. Thereafter, private respondent filed a motion to revive the concubinage case which was granted by the MTC. In a petition for certiorari, the Regional Trial Court (RTC) of Makati dismissed the petition. Petitioners went to the CA, but to no avail. Hence this petition for review whereby petitioners argue that they can no longer be prosecuted as the dismissal of the case based on their right to speedy trial amounts to an acquittal.

The petition bears no merit. The dismissal of the criminal charge against petitioners was merely temporary. It was a dismissal made upon motion of the accused, hence, with their consent. Their right to speedy trial was not violated as only a few months had passed from the time of the filing of the criminal case to the time of its dismissal so that double jeopardy cannot be invoked if the case is revived (People v. Leviste, 255 SCRA 238). Since the order of provisional dismissal is not a judgment on the merits, it cannot be considered as an acquittal for double jeopardy to set in (People v. Hinaut, 105 Phil. 303) when prosecuted anew.

ACCORDINGLY, the petition is DENIED and the MTC of Para�aque is ordered to PROCEED with the trial of the case with dispatch."

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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