65 SunStar reserves the right to delete, reproduce or modify comments posted here without notice. Do not veer away from the discussion. It expressly proscribed the filing of two separate cases of libel under the (RPC) and at the same time under RA 10175. This rule stems from the constitutional mandate stating that "no person shall be put twice in jeopardy for the same offense. . It applied only to defendants who were accused of capital felonies, and only after conviction or acquittal. This site uses cookies. Finally, the test to determine if the second jeopardy is the same offense as that of the first jeopardy is whether the two offenses are identical or whether the second offense is an attempt or frustration of the other or whether one offense necessarily includes or is necessarily included in the other. Double Jeopardy is just such a principle of law where exceptions may need to be made. (JKV, PAC). Of course, the foregoing may seem legal mumbo-jumbo to our non-lawyer readers. While the Alejandro Case which prosecution cites is more recent, it does not directly rule on the peculiar circumstances attendant to these instant two cases; the Alejandro Case merely ruled on the principle of double jeopardy in general,” read a portion of Daomilas’s decision.The judge’s joint order further states: “The Disini Case, on the other hand, is on all fours to these instant two cases because it seeks to prevent what is precisely happening: a person sued twice for publishing an article through print media as violation of the Revised Penal Code and through the world wide web as violation of RA 10175.”According to Daomilas, “the Disini Case ruled on the constitutionality of RA 10175. Sign up now! There is no necessity to subject an accused to go through an entire trial and wait for a conviction or acquittal before he can invoke his right against double jeopardy. By continuing to browse the site, you are agreeing to our use of cookies. China’s embassy in Manila denies invasion by its maritime militia of the Philippines’ Julian Felipe Reef. . "15 It is rooted in the early case U.S. v. Kepner, 16 in which the United States Supreme Court, reviewing a Philippine Supreme Court decision, declared that an appeal by the prosecution from a judgment of acquittal would place the defendant in double jeopardy. 203583, 13 October 2014, and the Court had this to say, to wit: TRIAL BY JURY-"DOUBLE JEOPARDY." The Philippine judicial system is observing the rule of double jeopardy—a person cannot be tried twice for the same crime based on the same conduct.Nalzaro, a broadcast journalist, writes opinion columns for English-language SunStar Cebu and Cebuano daily Superbalita.Supreme Court’s rulingRTC Branch 11 Judge Ramon Daomilas Jr., in his joint order signed on Friday, Dec. 6, 2019, granted Nalzaro’s motion to quash the two cyber libel cases, citing the Supreme Court’s 2014 ruling on libel in the Jose Jesus M. Disini Jr. et al. He contends that the filing of two separate information per article violates his right against double jeopardy.Ramon Miguel, through his lawyer, countered that there is no double jeopardy in the cases, citing a 2018 Supreme Court ruling in People of the Philippines vs. Alejandro.He added that Nalzaro failed to state the legal grounds upon which the motion to quash is based as stated in the Revised Rules of Criminal Procedure.Daomilas’s decisionHowever, Daomilas favored the contention of Nalzaro’s camp.“Clearly then, there can only be one type of libel that the prosecution can file, either libel under the (RPC) or cyber libel under RA 10175. On October 24, 1979, Esmeña and Alba filed a motion to dismiss the case on the ground of double jeopardy. WHO researchers concluded that it was "extremely unlikely" that the COVID-19 originated in a top-security lab in the ground-zero Chinese city. In its bare essence, the double jeopardy clause protects a person from endless litigation.This is in recognition of the fact that going thru litigation is in itself a form of punishment (at least to most people). There should be no question that if the published material on print, said to be libelous, is again posted online or vice versa, that identical material cannot be the subject of two separate libels,” according to the Supreme Court.It further states: “The two offenses, one a violation of Article 353 of the Revised Penal Code and the other a violation of Section 4 (c)(4) of RA (Republic Act) 10175, involve essentially the same elements and are in fact one and the same offense.”The Supreme Court also ruled that charging the offender under both laws would be a “blatant violation of the proscription against double jeopardy.”Miguel’s complaintsRamon Miguel filed before the Cebu City Prosecutor’s Office four counts of libel against Nalzaro in 2018 over the latter’s two columns that saw print in the Sept. 5 and Sept. 12, 2018 issues of SunStar Cebu. Apparently the principle was embedded in Roman law as well as it is found in the Digest of Justinian- “the governor should not permit the same person to be again accused of a crime of which he had been acquitted.”. CITING the double jeopardy rule, a Cebu City court dismissed the two counts of cyber libel against veteran journalist Pablito “Bobby” Nalzaro for his two 2018 columns that talked about former mayor Tomas Osmeña’s son Ramon Miguel’s involvement in the butane refilling business.Two similar counts of libel—violations of the Revised Penal Code’s (RPC) Article 353—are pending before Regional Trial Court (RTC) Branch 5. To recall, the country's Food and Drug Administration, an attached bureau of the Department of Health, has barred the use of the parasite medication for the prevention and treatment of the coronavirus. . In other cases, the SC considered the following as specific acts of denial of due process where the rule against double jeopardy will not lie: (1) purely capricious dismissal of an information (People vs Alberto, GR 132374, 22 August 2002); (2) dismissal of a criminal case merely because none of the witnesses appeared during pre-trial (People vs Judge Tac-an, GR 148000, 27 February 2003); and (3) the trial … On the other hand, a first jeopardy is terminated by: a) an acquittal; b) final conviction; c) dismissal without express consent of the accused; and d) “dismissal on the merits. Duterte to allow private firms to import COVID-19 vaccines themselves, QC Mayor Belmonte tests positive for COVID-19 anew, The Wuhan lab at the heart of the 'extremely unlikely' leak theory, DOH identifies comorbidities to be prioritized for COVID-19 inoculation, House to quiz FDA on barring use of anti-parasitic drug Ivermectin vs COVID-19, To recall, the country's Food and Drug Administration, an attached bureau of the Department of Health, has barred the use of the parasite medication for the prevention and treatment of the coronavirus...r, The reason my Father loves me is that I lay down my life. Blueford v. Arkansas (2012) The Supreme Court was noticeably less generous in the case of Alex Blueford, whose jury had unanimously acquitted him on capital murder charges before hanging on the issue of whether to convict him of manslaughter. The most celebrated case which dealt with the application of the double jeopardy principle was decided by the Labour Appeal Court in 2000.19 At any point, we could find ourselves back at the foot of the hill once more. . at 434. 35 Because of the importance of the double jeopardy rule and the consequences of any exception to it we would not countenance such exception except in the gravest cases. Do not use obscenity. DOUBLE JEOPARDY. House okays bill keeping airport's name but naming terminals after island hero. Bans (239CSRA 48), the Supreme Court ruled that an accused may still invoke double jeopardy … 17 . 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