GUERRERO, ELAJNAH GABRIELLE


Article III. Section 22. No Appeal from Acquittal; Instances of Void Acquittal; Review by Petition for Certiorari

TIU V. CA - G.R. 162370

FACTS: The accused was charged with the crime of slight physical injuries, while the respondent was charged with
grave threats. Both parties filed these charges against each other. Both charges were dismissed by the MeTC for
insufficiency of evidence. Tiu, on the other hand, appealed to the RTC by virtue of certiorari “questioning the acquittal
of respondent”. The resolution of the RTC reversed the acquittal, but the CA, upon appeal by the respondent, reversed
the RTC resolution. CA states that it was wrong for the RTC to reverse the acquittal, denying respondent of his right
against double jeopardy.

ISSUES: W/N there was double jeopardy when Tiu filed a petition for certiorari questioning the acquittal of respondent

HELD: Yes

1. The elements of double jeopardy are (1) the complaint or information was sufficient in form and substance to
sustain a conviction; (2) the court had jurisdiction; (3) the accused had been arraigned and had pleaded; and (4) the
accused was convicted or acquitted or the case was dismissed without his express consent.

1.1. All of these were present in respondent’s case. The respondent can now raise the defence of double jeopardy.

2. RTC, however, ordered the MeTC to reverse the acquittal, thereby violating respondent’s right against double
jeopardy.