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PHILIPPINE SAVINGS BANK v. SPS. PEDRITO BERMOY

This case has been cited 3 times or more.

2007-08-07
VELASCO, JR., J.
For double jeopardy to set in, the following requisites must concur: (1) there is a valid complaint or information; (2) the complaint should be filed before a court of competent jurisdiction; (3) the accused has pleaded to the charge; and (4) the accused has been convicted, acquitted, or the case has been dismissed or terminated without the express consent of the accused.[23]
2006-12-14
YNARES-SANTIAGO, J.
A dismissal with the express consent or upon motion of the accused does not result in double jeopardy, except in two instances, to wit: (1) the dismissal is based on insufficiency of evidence or (2) the case is dismissed for violation of the accused's right to speedy trial. [24]