Respondent judge dismissed the information charging private respondent with the crime of homicide and serious physical injuries through reckless imprudence after the prosecution presented its evidence and rested its case.
Whether or not private respondent will be placed in double jeopardy if the dismissal of the case is reversed.
YES. A dismissal ordered after the termination of the presentation of the evidence for the prosecution has the force and effect of an acquittal. Such a dismissal cannot be appealed from because to do so would do violence to the constitutional provision on double jeopardy.
Petition for certiorari is DISMISSED.