Consti II case digest: PEREZ VS COURT OF APPEALS

DOUBLE JEOPARDY: TWO KINDS:1. SAME OFFENSE:

FACTS:

Petitioner herein was initially charged with consented abduction in the CFI of Pampanga. The accused pleased not guilty, but the trial on the merits ensued and a judgment of conviction was rendered against Perez.

On appeal, the CA reversed and acquitted Perez of the crime of Consented Abduction.

Subsequent to petitioner’s acquittal, complainant Yolanda Mendoza filed another criminal complaint against Perez, but this time is for Qualified Seduction.

Petitioner filed a motion to quash involving double jeopardy.

ISSUE:

Whether or not subsequent filing of case in the form of qualified seduction after acquittal to consented seduction constitutes double jeopardy.

HELD:

No. In the case at bar, the issue posed by the petitioner relates to the identity of the two offenses of Consented Abduction and Qualified Seduction.

It is true that the two offenses for which the petitioner was charged arose from the same facts. This. however does not preclude the filing of another information against him if from those facts. two distinct elements, arose.

A single act may be an offense against two statutes and if each statutes requires proof of an additional fact, which the other does not, and acquittal or conviction under either statute does not exempt the defendant from prosecution and conviction under the other.

The plea of double jeopardy cannot therefore be accorded merit, as the two indictments are perfectly distinct in point of law however closely they may appear to be connected in fact.

The similar elements between Consented Abduction and Qualified Seduction.

1.    That the offended part is a virgin

2.    That she must be over twelve and under 18 years of age.

Consented Abduction requires that:

1.    The taking away of the offended party must be with her consent, after solicitation or cajolery from the offender.

2.    The taking away of the offended party must be with lewd designs.

Qualified Seduction requires that:

1.    The crime ben committed by abuse of authority, confidence or relationship.

2.    The offender has sexual intercourse with the woman.