Icasiano v Sandiganbayan; G.R. No. 95642; 28 May 1992; 209 SCRA 377

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The Tanodbayan conducted a preliminary investigation in connection with a complaint filed against petitioner for alleged violation of the Anti-Graft and Corrupt Practices Act. The complaint was dismissed for lack of merit on the recommendation of the special prosecutor. Another complaint was lodged against him for the same violation and a corresponding information was filed with the Sandiganbayan.

Whether or not petitioner was placed in double jeopardy.

NO. The dismissal by the Tanodbayan of the first complaint cannot bar the present prosecution, since double jeopardy does not apply. A preliminary investigation is not a trial to which double jeopardy attaches.

Petition is DENIED.

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