This case has been cited 2 times or more.
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2009-06-05 |
PERALTA, J. |
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| 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, but only upon a 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 to a denial of due process, thus rendering the assailed judgment void.[55] In which event, the accused cannot be considered at risk of double jeopardy the revered constitutional safeguard against exposing the accused to the risk of answering twice for the same offense. | |||||
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2008-07-23 |
CORONA, J. |
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| The only exception is when the trial court acted with grave abuse of discretion or, as we held in Galman v. Sandiganbayan,[16] when there was mistrial. In such instances, the OSG can assail the said judgment in a petition for certiorari establishing that the State was deprived of a fair opportunity to prosecute and prove its case.[17] | |||||