People v Quisada; G.R. Nos. L-61079-81; 15 Apr 1988; 160 SCRA 516

FACTS:
Three separate informations for grave oral defamation were filed against the accused. After pleading not guilty to all three informations upon her arraignment, she moved to quash the same which the trial judge granted. The prosecution challenged the dismissal.

ISSUE(S):
Whether or not the reversal of the dismissal and reinstatement of the cases would place the accused in double jeopardy.

RULING:
NO. It was the accused herself who moved to quash the charges against her on the ground that the trial court had no jurisdiction. The dismissal was made not only with her express consent but, indeed, upon her own motion.

Petition is GRANTED. Orders of dismissal are SET ASIDE. Criminal cases are REINSTATED and REMANDED to the trial court for further proceedings.

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Category: Legal Chyme

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