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PABLO CONDRADA v. PEOPLE

This case has been cited 4 times or more.

	GR Nos. 211933 & 211960 2015-04-15	ROBERTA S. SALDARIEGA v. ELVIRA D.C. PANGANIBAN PERALTA, J.
Further, the proscription against double jeopardy presupposes that an accused has been previously charged with an offense, and the case against him is terminated either by his acquittal or conviction, or dismissed in any other manner without his consent. As a general rule, the following requisites must be present for double jeopardy to attach: (1) a valid indictment, (2) before a court of competent jurisdiction, (3) the arraignment of the accused, (4) a valid plea entered by him, and (5) the acquittal or conviction of the accused, or the dismissal or termination of the case against him without his express consent. However, there are two (2) exceptions to the foregoing rule, and double jeopardy may attach even if the dismissal of the case was with the consent of the accused: first, when there is insufficiency of evidence to support the charge against him; and second, where there has been an unreasonable delay in the proceedings, in violation of the accused's right to speedy trial.[16]
	GR No. 205952 2015-02-11	ATTY. SEGUNDO B. BONSUBRE v. ERWIN YERRO PERLAS-BERNABE, J.
The provisional dismissal of a criminal case, which is a dismissal without prejudice to the reinstatement thereof,[47] is governed by Section 8, Rule 117 of the Rules of Court which reads: SEC. 8. Provisional dismissal. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
	GR No. 173637 2009-04-21	DANTE T. TAN v. PEOPLE CHICO-NAZARIO, J.
(d)He was convicted or acquitted or the case was dismissed or otherwise terminated without the express consent of the accused.[43]
	GR NO. 161608 2005-08-09	LEONCIO A. AMADORE v. ALBERTO G. ROMULO CHICO-NAZARIO, J.
We are not convinced. As a general rule, the following requisites must be present for double jeopardy to attach: (1) a valid indictment, (2) before a court of competent jurisdiction, (3) the arraignment of the accused, (4) a valid plea entered by him, and (5) the acquittal or conviction of the accused, or the dismissal or termination of the case against him without his express consent.[48]