This case has been cited 1 times or more.
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2002-08-22 |
QUISUMBING, J. |
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| second offense includes or is necessarily included in the offense charged in the first information, or is an attempt to commit the same or is a frustration thereof.[17] As to the first jeopardy, it only arises (1) upon a valid indictment; (2) before a competent court; (3) after arraignment; (4) when a valid plea has been entered; and (5) when the defendant was acquitted, convicted, or the case was dismissed. In our view, it is clear that no double jeopardy has attached in this case. We agree with the Solicitor General that the dismissal order made by the trial court was not valid and cannot be used as basis for a claim of double jeopardy. The said right cannot be grounded on an | |||||