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ISABELO A. BRAZA v. SANDIGANBAYAN

This case has been cited 3 times or more.

	GR No. 183681 2015-07-27	SPO2 ROLANDO JAMACA v. PEOPLE PERALTA, J.
It should be borne in mind that for a claim of double jeopardy to prosper, petitioner has to prove that a first jeopardy has attached prior to the second. As stated in Braza v. Sandiganbayan,[8] "[t]he first jeopardy attaches only (a) after a valid indictment; (b) before a competent court; (c ) after arraignment; (d) when a valid plea has been entered; and (e) when the accused was acquitted or convicted, or the case was dismissed or otherwise terminated without his express consent."[9] In this case, the complaint before the Office of the Deputy Ombudsman for the Military was dismissed as early as the preliminary investigation stage, thus, there was as yet, no indictment to speak of. No complaint or Information has been brought before a competent court. Hence, none of the aforementioned events has transpired for the first jeopardy to have attached.
	GR No. 156577 2014-12-03	ALEJANDRO C. RIVERA v. PEOPLE MENDOZA, J.
The Court has consistently held that there are two ways by which a public official violates Section 3(e) of R.A. No. 3019 in the performance of his functions, namely: (1) by causing undue injury to any party, including the Government; or (2) by giving any private party any unwarranted benefit, advantage or preference. The accused may be charged under either mode or both. The disjunctive term "or" connotes that either act qualifies as a violation of Section 3(e) of R.A. No. 3019.[34]
	GR No. 205561 2014-09-24	DIONISIO B. COLOMA v. SANDIGANBAYAN MENDOZA, J.
In a catena of cases, the Court has held that there are two ways by which a public official violates Section 3(e) of R.A. No. 3019 in the performance of his functions, namely: (1) by causing undue injury to any party, including the Government; or (2) by giving any private party any unwarranted benefit, advantage or preference. The accused may be charged under either mode or both. The disjunctive term "or" connotes that either act qualifies as a violation of Section 3(e) of R.A. No. 3019.[13] In other words, the presence of one would suffice for conviction. Further, the term "undue injury" in the context of Section 3(e) of the R.A. No. 3019 punishing the act of "causing undue injury to any party," has a meaning akin to that civil law concept of "actual damage." Actual damage, in the context of these definitions, is akin to that in civil law.[14]