This case has been cited 2 times or more.
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2010-08-03 |
PERALTA, J. |
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| In any case, the dismissal of herein petition does not preclude petitioner from availing of any other action it deems appropriate under the premises. Double jeopardy cannot be invoked where the accused has not been arraigned and it was upon his express motion that the case was dismissed.[50] Moreover, while the absence of probable cause for the issuance of a warrant of arrest is a ground for the dismissal of the case, the same does not result in the acquittal of the said accused.[51] | |||||
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2006-03-31 |
CHICO-NAZARIO, J. |
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| In any case, the reinstatement of a criminal case dismissed before arraignment does not constitute double jeopardy. Double jeopardy cannot be invoked where the accused has not been arraigned and it was upon his express motion that the case was dismissed. [40] | |||||