This case has been cited 1 times or more.
|
2010-07-26 |
PERALTA, J. |
||||
| While it would have been ideal for the RTC to hold in abeyance the resolution of the demurrer to evidence, nowhere in the rules, however, is it mandated to do so. Furthermore, even if this Court were to consider the same as an error on the part of the RTC, the same would merely constitute an error of procedure or of judgment and not an error of jurisdiction as persistently argued by petitioner. Errors or irregularities, which do not render the proceedings a nullity, will not defeat a plea of antrefois acquit.[46] We are bound by the dictum that whatever error may have been committed effecting the dismissal of the case cannot now be corrected because of the timely plea of double jeopardy.[47] To reiterate, the only instance when double jeopardy will not attach is when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction which cannot be attributed to the RTC simply because it chose not to hold in abeyance the resolution of the demurrer to evidence. Consequently, petitioner's attempt to put in issue the December 11, 2003 and January 27, 2004 Orders of the RTC which denied admission of certain documentary exhibits in evidence must fail. As correctly manifested by the CA, the said Orders have already been overtaken by the March 16, 2004 Order, which already granted respondent's demurrer to evidence. Hence, this Court would be violating the rules on double jeopardy if the twin orders were to be reviewed after a finding that the CA did not commit any grave abuse of discretion in granting the demurrer to evidence. | |||||