Martinez v CA; G.R. No. L-112387; 13 Oct 1994; 237 SCRA 575

FACTS:
Petitioner was charged with the crime of libel. At the instance of the City Prosecutor upon orders of the Department of Justice, the information was dismissed even before its arraignment.

ISSUE(S):
Whether or not the private complainant’s appeal of the dismissal would place petitioner in double jeopardy.

RULING:
NO. Appeal against the order of dismissal was not foreclosed by the rule of double jeopardy, said order having been issued before arraignment.

Petition is DENIED.

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Category: Legal Chyme

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