Paulin v Judge Gimenez; G.R. No. 103323; 21 Jan 1993; 217 SCRA 386

FACTS:
The Municipal Trial Court, acting on a motion of petitioners, dismissed the criminal case for grave threats against them. Private respondent filed a motion for reconsideration of the dismissal order which the court granted.

ISSUE(S):
Whether or not, in reversing the dismissal of the criminal case against them, petitioners were placed in double jeopardy.

RULING:
NO. Where the dismissal was ordered upon motion or with the express assent of the accused, he is deemed to have waived his protection against double jeopardy.

[The MTC decision dismissing the case is not an acquittal from the charge considering that no finding was made as to the guilt or innocence of the petitioners.]

Petition is DISMISSED.

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Category: Legal Chyme

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