Appeal from Judgment of Acquittal

By way of exception, a judgment of acquittal in a criminal case may be assailed in a petition for certiorari under Rule 65 of the Rules of Court, but only 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 to a denial of due process, thus rendering the assailed judgment void. In which event, the accused cannot be considered at risk of double jeopardy — the revered constitutional safeguard against exposing the accused to the risk of answering twice for the same offense. (People v. de Grano, G.R. No. 167710, June 5, 2009)

The only instance when the accused can be barred from invoking his right against double jeopardy is when it can be demonstrated that the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction, such as where the prosecution was not allowed the opportunity to make its case against the accused or where the trial was a sham. For instance, there is no double jeopardy (1) where the trial court prematurely terminated the presentation of the prosecution's evidence and forthwith dismissed the information for insufficiency of evidence; and (2) where the case was dismissed at a time when the case was not ready for trial and adjudication(Benjamin Bangayan, Jr. Vs. Sally Go Bangayan/Resally De Asis Delfin Vs. Sally Go Bangayan, G.R. No. 172777/G.R. No. 172792. October 19, 2011).