This case has been cited 1 times or more.
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2010-08-25 |
MENDOZA, J. |
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| A petition for certiorari under Rule 65, not appeal, is the remedy to question a verdict of acquittal whether at the trial court or at the appellate level. In our jurisdiction, We adhere to the finality-of-acquittal doctrine, that is, a judgment of acquittal is final and unappealable.[8] The rule, however, is not without exception. In several cases,[9] the Court has entertained petitions for certiorari questioning the acquittal of the accused in, or the dismissals of, criminal cases. Thus, in People v. Louel Uy,[10] the Court has held: Like any other rule, however, the above said rule is not absolute. By way of exception, a judgment of acquittal in a criminal case may be assailed in a petition for certiorari under Rule 65 of the Rules of Court upon clear showing by the petitioner that the lower court, in acquitting the accused, committed not merely reversible errors of judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process, thus rendering the assailed judgment void. [Emphases and underscoring supplied] | |||||