Case Digest: People of the Philippines and Heirs of Jane Honrales vs. Jonathan Honrales

By ResIpsaLoquitor -
People of the Philippines and Heirs of Jane Honrales vs Jonathan Honrales

G.R. No. 182657                                                          August 25, 2010

Facts:
Jane Honrales (Jane) was fatally shot be her husband Jonathan Honrales (Jonathan) which caused his immediate death. An information for parricide was filed against Jonathan in RTC. Then prosecutor moved for the withdrawal of the Information for parricide. During the pendency of the Motion to Withdraw the Information, an Information for reckless imprudence resulting to parricide was filed against Jonathan in the MeTC. Thereafter Jonathan was arraigned in the MeTC and plead guilty to the offense (reckless imprudence resulting to parricide) and moved for the dismissal of the the crime of parricide in the RTC which was thereafter granted by the court.

Issue:
Whether or not Jonathan would be  put on double jeopardy in case the parricide case would be reopened.

Ruling:
No. The court ruled that for double jeopardy to exist the following requisites should be present:
  1. a first jeopardy attached prior to the second;
  2. the first jeopardy has been validly terminated;
  3. a second jeopardy is for the same offense as in the first;
A first jeopardy attaches only:

  1. after a valid indictment;
  2. before a competent court;
  3. after arraignment;
  4. when a valid plea has been entered;
  5. when the accused has been acquitted or convicted, or the case is dismissed or otherwise terminated without his express consent.
The MeTC took cognizance of the Information for reckless imprudence resulting in parricide while the criminal case for parricide was still pending before the RTC. Once jurisdiction is acquired by the court in which the Information is filed, it is there retained. Therefore, the MeTC has no jurisdiction over the case filed before it since the RTC retained its jurisdiction over the offense to the exclusion of other courts. The judgment rendered by the MeTC is null and void for not acquiring jurisdiction over the case.

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