This case has been cited 2 times or more.
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2011-03-21 |
DEL CASTILLO, J. |
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| Nonetheless, even if the Sandiganbayan proceeded from an erroneous interpretation of the law and its implementing rules, the error committed was an error of judgment and not of jurisdiction. Petitioner failed to establish that the dismissal order was tainted with grave abuse of discretion such as the denial of the prosecution's right to due process or the conduct of a sham trial. In fine, the error committed by the Sandiganbayan is of such a nature that can no longer be rectified on appeal by the prosecution because it would place the accused in double jeopardy.[17] | |||||
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2005-09-26 |
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| None of these circumstances exists here. There is no dispute that the prosecution, through petitioner's counsel as private prosecutor, was afforded its day in court. Neither is there any question that the proceedings in the trial court were genuine. What petitioner points to as basis for the trial court's alleged grave abuse of discretion really concerns its appreciation of the evidence. However, as the Court of Appeals correctly held, any error committed by the trial court on this point can only be an error of judgment and not of jurisdiction. What this Court held in Central Bank v. Court of Appeals[26] applies with equal force here Section 2 of Rule 122 of the Rules of Court provides that "the People of the Philippines cannot appeal if the defendant would be placed thereby in double jeopardy." The argument that the judgment is tainted with grave abuse of discretion and therefore, null and void, is flawed because whatever error may have been committed by the lower court was merely an error of judgment and not of jurisdiction. It did not affect the intrinsic validity of the decision. This is the kind of error that can no longer be rectified on appeal by the prosecution no matter how obvious the error may be xxx. (Emphasis supplied) | |||||