This case has been cited 3 times or more.
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2015-12-09 |
PERALTA, J. |
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| Corollary, a judgment of acquittal may be assailed through a petition for certiorari under Rule 65 of the Rules of Court showing that the lower court, in acquitting the accused, committed not merely reversible errors of judgment, but also exercised grave abuse of discretion amounting to lack or excess of jurisdiction, or a denial of due process, thereby rendering the assailed judgment null and void. If there is grave abuse of discretion, granting the aggrieved party's prayer is not tantamount to putting the accused in double jeopardy,[29] in violation of the general rule that the prosecution cannot appeal or bring error proceedings from a judgment rendered in favor of the defendant in a criminal case. This is because a judgment of acquittal is immediately final and executory, and the prosecution is barred from appealing lest the constitutional prohibition against double jeopardy be violated.[30] | |||||
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2015-07-22 |
PERALTA, J. |
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| x x x x[13] | |||||
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2015-03-25 |
PEREZ, J. |
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| Finally, we award exemplary damages in the amount of P30,000.00. The award of exemplary damages is justified under Article 2229 of the Civil Code to set a public example or correction for the public good.[23] In conformance with the prevailing jurisprudence,[24] we, increase the award of civil indemnity and moral damages to P50,000.00 each. We likewise impose an interest of six percent (6%) per annum on all the damages awarded, to be computed from the date of the finality of this Decision until fully paid. | |||||