This case has been cited 1 times or more.
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2003-04-29 |
YNARES-SANTIAGO, J. |
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| It must be stressed, however, that the protection against double jeopardy in the foregoing rules may be waived by the accused. Thus, when the accused himself files or consents to the filing of a motion for reconsideration or modification, double jeopardy cannot be invoked because the accused waived his right not to be placed therein by filing such motion.[31] His motion gives the court an opportunity to rectify its errors or to reevaluate its assessment of facts and conclusions of law and make them conformable with the statute applicable to the case in the new judgment it has to render.[32] The raison d'etre is to afford the court a chance to correct its own mistakes and to avoid unnecessary appeals from being taken.[33] In effect, a motion for reconsideration or modification filed by or with consent of the accused renders the entire evidence open for the review of the trial court without, however, conducting further proceedings, such as the taking of additional proof. | |||||