People vs. Laguio, Jr., G.R. No. 128587 March 16, 2007

                                Rule 119: Trial, Demurrer to Evidence | Criminal Procedure

Facts:

People of the Philippines, has filed a petition for review on certiorari to nullify and set aside the Resolution of the Regional Trial Court of Manila, which acquitted Lawrence C. Wang of three charges.

The charges against Lawrence C. Wang include violation of the Dangerous Drugs Act, illegal possession of firearms, and violation of the Comelec Gun Ban.

Wang refused to enter a plea and instead objected to the admissibility of the evidence obtained by the police operatives.

The police arrested Wang based on information provided by individuals involved in illegal drug activities.

The police found drugs, firearms, and cash in Wang's possession during the arrest and search.

Wang filed a Demurrer to Evidence, seeking his acquittal and the dismissal of the cases against him.

The prosecution opposed the demurrer, arguing that the warrantless search was legal and that they had proven their case.

The trial court granted Wang's Demurrer to Evidence and acquitted him of all charges due to lack of evidence.

The court ordered the confiscation of the drugs and firearms and the return of the confiscated cash and car to their rightful owners.

Issue:

WoN the prosecution may appeal the trial court’s resolution granting Wang’s demurrer to evidence and acquitting him of all the charges against him without violating the constitutional proscription against double jeopardy.  (NO)


Held:

Any appeal from a judgment of acquittal necessarily puts the accused in double jeopardy. 

In effect, Section 2 of Rule 122 of the Rules on Criminal Procedure disallows appeal by the People from judgments of acquittal. An order granting an accused’s demurrer to evidence is a resolution of the case on the merits, and it amounts to an acquittal. Generally, any further prosecution of the accused after an acquittal would violate the constitutional proscription on double jeopardy.

To this general rule, however, the Court has previously made some exceptions as presented in the case Galman vs Sandiganbayan and People vs Uy, there is no double jeopardy when the prosecution is denied due process of law, or when the trial court commits grave abuse of discretion in dismissing the case by granting the accused’s Demurrer to Evidence.

A judgment of acquittal in a criminal case may be assailed in a petition for certiorari under Rule 65 of the Rules of Court upon a clear showing by the petitioner that the lower court, in acquitting the accused, committed not merely reversible errors of judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process, thus rendering the assailed judgment void. Such dismissal order, being considered void judgment, does not result in jeopardy.

Unfortunately, what petitioner People of the Philippines filed with the Court in the present case
is an appeal by way of an appeal by petition for review on certiorari under Rule 45 raising a pure question of law, which is different from a petition for certiorari under Rule 65. 

For filing the wrong remedy, the herein petition is outrightly dismissible. The Court cannot reverse the assailed dismissal order of the trial court by appeal without violating the private respondent’s right against double jeopardy. The instant petition will nevertheless fail on the merits as to the second issue

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