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