Friday, July 17, 2009

Dismissal with Consent No Double Jeopardy

As a general rule, the dismissal of a criminal case resulting in acquittal, made with the express consent of the accused or upon his own motion, will not place the accused in double jeopardy. This rule, however, admits of two exceptions, namely: insufficiency of evidence and denial of the right to speedy trial. (Tan v. People, G.R. No. 173637, April 21, 2009)

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