Title
People vs. Velasco
Case
G.R. No. 127444
Decision Date
Sep 13, 2000
Mayor Galvez acquitted of murder and firearm charges; government’s certiorari petition dismissed, upholding double jeopardy and finality of acquittal.

Case Digest (G.R. No. 127444)
Expanded Legal Reasoning Model

Facts:

  • Shooting Incident and Initial Charges
    • On an early morning in San Ildefonso, Bulacan, gunshots fatally wounded Alex Vinculado and seriously injured his twin brother Levi and their uncle Miguel Vinculado, Jr.
    • Three Informations were filed against Mayor Honorato Galvez and Godofredo Diego: one for homicide and two for frustrated homicide.
  • Refiling, Venue Transfer, and Trial Court Proceedings
    • On December 14, 1993, the original charges were withdrawn and four new Informations were filed: upgraded to murder (Crim. Case No. 4004-M-93), two counts of frustrated murder (Nos. 4005-M-93 and 4006-M-93), and illegal carrying of firearm (No. 4007-M-94).
    • Venue was transferred to the Regional Trial Court, Quezon City (Branch 103, then re-raffled to Branch 89 under Judge Tirso D.C. Velasco). On October 8, 1996, the trial court:
      • Convicted Diego of murder and two counts of frustrated murder.
      • Acquitted Galvez of murder and frustrated murder for insufficiency of evidence.
      • Absolved Galvez of illegal carrying of firearm, finding no violation of law.
  • Petition for Certiorari
    • The State filed a petition for certiorari under Rule 65, challenging Galvez’s acquittal as a grave abuse of discretion amounting to lack of jurisdiction.
    • The Government argued review was permissible despite the Double Jeopardy Clause, relying on U.S. precedents (Kepner, Wilson, Scott) to allow appellate review without retrial.

Issues:

  • Propriety of Certiorari
    • Can the Government invoke Rule 65 certiorari to challenge a trial court’s acquittal?
    • Does certiorari improperly serve as an appeal to re-evaluate evidence and factual findings?
  • Double Jeopardy
    • Does the Philippine Constitution forbid any review of an acquittal on the merits?
    • Are American developments (permitting appellate review of acquittals without retrial) applicable in the Philippines?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.