This case has been cited 2 times or more.
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2011-12-14 |
CARPIO, J. |
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| It is settled that a judgment of acquittal cannot be recalled or withdrawn by another order reconsidering the dismissal of the case,[19] nor can it be modified except to eliminate something which is civil or administrative in nature.20 One exception to the rule is when the prosecution is denied due process of law.[21] Another exception is when the trial court commits grave abuse of discretion in dismissing a criminal case by granting the accused's demurrer to evidence.[22] If there is grave abuse of discretion, granting Goodland's prayer is not tantamount to putting Co and Chan in double jeopardy. | |||||
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2001-08-20 |
BELLOSILLO, J. |
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| In criminal cases, a judgment of acquittal is immediately final upon its promulgation.[12] It cannot be recalled for correction or amendment[13] except in the cases already mentioned nor withdrawn by another order reconsidering the dismissal of the case since the inherent power of a court to modify its order or decision does not extend to a judgment of acquittal in a criminal case.[14] | |||||