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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Z is charged in the Regional Trial Court (RTC) with murder by information I1. After arraignment and plea, the court dismisses I1 for lack of probable cause, and the dismissal is without the express consent of Z. The People then file information I2 in the same RTC charging Z with parricide for the same incident. Z moves to quash I2 on the ground of double jeopardy.

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The second information should not be quashed due to the doctrine of former conviction and the possibility of appeal from the dismissal of I1. The second information should not be quashed because parricide is a distinct offense from murder, and double jeopardy bars only the same offense or one included in the first. The second information should not be quashed because the accused has no say in the government’s right to file a second information for a different offense. The second information should be quashed on double jeopardy because the first information was dismissed for lack of probable cause without the accused's consent.

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