Case No.

1753
MIRANDA v. TULIAO
G.R. No. 158763
March 31, 2006
FACTS OF THE CASE
Two burnt cadavers of Vicente Bauzon and Elizer Tuliao were discovered by the police in Isabela, the latter
being petitioners son. Two informations for murder was filed against various police officers in the RTC of
Santiago City, which was later transferred to the RTC of Manila. Throughout the investigation, police
officer Maderal implicated herein petitioners as co-principals in the commission of the crime. A criminal
complaint was filed against petitioner.
Thereafter, the judge in charge of the case, issued warrants of arrest ordering the arrest of petitioners and
Maderal. Subsequently, a new presiding judge ordered for the dismissal and recall of the warrants of arrest.
Also, the motions for reconsideration of respondent Tuliao were denied by the presiding judge.
The Court of Appeals, in its assailed decision, reversed the resolution of the presiding judge and ordered to
reinstate the criminal case against herein petitioners in the RTC of Santiago City, together with the warrants
of arrest against petitioners Miranda and Madera.
ISSUE/S
Whether or not there was double jeopardy in the case at bar
HELD/RATIO
NO. The Supreme Court categorically stated that, There is no double jeopardy in the reinstatement of
a criminal case dismissed before arraignment. The reinstatement of a criminal case dismissed before
arraignment does not constitute double jeopardy. Double jeopardy cannot be invoked where the accused
has not been arraigned and it was upon his express motion that the case was dismissed.

Prepared by: Antonio Dominic G. Salvador