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

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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.

Whether or not, in reversing the dismissal of the criminal case against them, petitioners were placed in double jeopardy.

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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