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.
HELD:
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.
