Double jeopardy: requisites
FACTS:
Petitioner herein is the
Collecting and Disbursing Officer of the Numancia Naitonal Vocational School in
del Carmen, Surigao del Norte. He was entrusted, as a Collecting and
Disbursement Officer to hold in trust moneys and/ properties of the government
of the Republic of the Philippines. That while being in the said position, he
intentionally, feloniously and without lawful authority appropriate and
misappropriate to his own private benefit, public funds he was holding in trust
for the Government of the Philippines in the total amount to PHP16, 483.62. He
as unable to account for the said amount during the audit.
Warrant of arrest was issued to
arrest the petitioner but he was nowhere to be found.
On December 10, 1978,
Sandiganbayan was created pursuant to PD No 1606, conferring to it original and
exclusive jurisdiction over crimes committed by public officers embraced in
Title VII of the RPC
November 1984, when the
petitioner herein was finally arrested. He was released on provisional liberty
upon the approval of the bail bond. When arraigned by the RTC, he pleaded not
guilty. Upon motion of the prosecution, the RTC transferred the case and
transmitted its records to the Sandiganbayan. Special Prosecutor Quiñones-Marcos however opined that
since Navallo had already been arraigned before the case was transferred to the
Sandiganbayan, the RTC should continue taking cognizance of the case. That
matter was referred to the Office of the Ombudsman which held otherwise. The
information was however docketed in Sandiganbayan. A new order of arrest for
the petitioner was issued by the Sandiganbayan.
Navallo filed a motion to quash
contending that since he had already been arraigned by the RTC, the attempt to
prosecute him before the Sandiganbayan would constitute double jeopardy.
ISSUE:
Whether or not double jeopardy
sets it when petitioner was arraigned by the RTC.
HELD:
NO. In the case at bench, the RTC was
devoid of jurisdiction when it conducted an arraignment of the accused which by
then had already been conferred on the Sandiganbayan. Moreover, neither did the
case there terminate with conviction or acquittal nor was it dismissed.
Petition is dismissed.
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