People v Judge Pineda; G.R. No. 44205; 11 Feb 1993

in Legal Chyme by

Private respondent was charged with two counts of estafa, each one filed with separate courts. She sought the quashal of the latter charge on the apprehension that she is in danger of being condemned for an identical offense. Respondent judge granted the motion to quash.

Whether or not private respondent was in danger of being convicted twice for the same criminal act.

NO. The mere filing of two informations charging the same offense is not an appropriate basis for the invocation of double jeopardy since the first jeopardy has not yet set in by a previous conviction, acquittal or termination of the case without the consent of the accused.

Petition is GRANTED and respondent judge’s orders are REVERSED and SET ASIDE.

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