Case Digest (G.R. No. 48421)
Facts:
The People of the Philippines v. Victorio Besa, G.R. No. 48421, December 14, 1942, the Supreme Court En Banc, Moran, J., writing for the Court. The plaintiff-appellant is the People of the Philippines; the defendant-appellee is Victorio Besa.Besa was prosecuted in a justice of the peace court and, after pleading guilty, was convicted upon a valid complaint for less serious physical injuries (lesiones menos graves). Subsequently, the People instituted a separate prosecution against Besa for attempted murder, a greater offense that, on the facts alleged, would necessarily include the elements of the less serious physical injuries for which he had already been convicted.
The matter was brought before the Court of First Instance of Batangas (the trial court), which disposed of the case by an order that effectively recognized the bar to the second prosecution (the appeal is noted as being "from an order of the Court of First Instance of Batangas; De la Rosa, J."). The People appealed that order to...(Subscriber-Only)
Issues:
- Is the subsequent prosecution for attempted murder barred by the plea of former conviction/double jeopardy where the defendant had been previously convicted, after a guilty plea, for less serious physical injuries in a justice of the peace court?
- Does Section 9, Rule 113 of the Rules of Court unconstitutionally modify Section 26 of the old Code of Criminal Procedure by extending double jeopardy protection?
- Is the rule in United States v. Ledesma — that a plea of former conviction cannot be entertained where the court that convicted the accused of the lesser offense lack...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)