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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: Y is charged in the Regional Trial Court (RTC) with robbery by information I1. After arraignment and plea, the court dismisses I1 on the ground of insufficiency of evidence, but the dismissal is with the express consent of Y to the dismissal. The People file a second information I2 in the same RTC charging Y with the same robbery for the same incident. Y moves to quash I2 on double jeopardy.
(a) Identify the controlling doctrine and the controlling rule.
(b) Distinguish double jeopardy from related doctrines (e.g., res judicata, former conviction, lesser-included offenses) and explain why they are or are not controlling in this scenario.
(c) Apply the doctrine to the facts: should the second information be quashed? Why or why not?

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