This case has been cited 2 times or more.
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2012-02-07 |
BRION, J. |
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| We are called to overturn a judgment of acquittal in favor of the respondents brought about by the dismissal, for insufficiency of evidence, of the malversation charged in the two criminal cases. As a rule, once the court grants the demurrer, the grant amounts to an acquittal; any further prosecution of the accused would violate the constitutional proscription on double jeopardy.[20] Notably, the proscription against double jeopardy only envisages appeals based on errors of judgment, but not errors of jurisdiction. Jurisprudence recognizes two grounds where double jeopardy will not attach, these are: (i) on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction;[21] and/or (ii) where there is a denial of a party's due process rights.[22] | |||||
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2010-02-02 |
CORONA, J. |
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| By not applying our ruling in Reyes, the trial judge virtually nullified the decision of this Court and therefore acted with grave abuse of discretion.[29] Notably, a judgment rendered with grave abuse of discretion is void and does not exist in legal contemplation.[30] | |||||