Case Digest (G.R. No. 47775)
Facts:
The People of the Philippines v. Anastacio Figueroa, G.R. No. 47775, November 26, 1941, the Supreme Court En Banc, Laurel, J., writing for the Court.On June 11, 1940, Anastacio Figueroa stabbed Melchor Aguilar, inflicting several chest wounds. Figueroa was prosecuted in the Court of First Instance of Manila for frustrated homicide; he pleaded guilty and, on June 20, 1940, was sentenced to an indeterminate term of from 2 years, 4 months, and 1 day of prision correccional to 6 years and 1 day of prision mayor.
Several days after that conviction the victim died from his injuries. On June 29, 1940, the City Fiscal filed a new information in the Court of First Instance charging Figueroa with homicide (a consummated offense). Figueroa pleaded not guilty and moved to quash the homicide information on the ground of former conviction/former jeopardy.
The trial judge granted the motion, declaring Figueroa in double jeopardy and dismissing the information. The City Fiscal excepted and appealed to the Supreme Court (appeal from an order of the Court of First Instance), bringing the legal quest...(Subscriber-Only)
Issues:
- Does a prior conviction for frustrated homicide bar a subsequent prosecution for homicide when the victim dies after the conviction (i.e., is there former jeopardy)?
- If so, is that rule governed by the provision of the Rules of Court that treats an offense as the same when one necessarily includes or is necessarily included in th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)