Title
Perez vs. Court of Appeals
Case
G.R. No. 80838
Decision Date
Nov 29, 1988
Eleuterio Perez acquitted of Consented Abduction faced Qualified Seduction charges; Supreme Court ruled no double jeopardy, upheld procedural errors dismissal.

Case Digest (G.R. No. 80838)
Expanded Legal Reasoning Model

Facts:

  • Original criminal proceedings for Consented Abduction
    • October 21, 1974: Yolanda Mendoza filed a criminal complaint for Consented Abduction against Eleuterio Perez (Criminal Case No. 618, CFI Pampanga, Branch VI).
    • June 28, 1980: Trial court rendered judgment of conviction; Perez appealed.
  • Court of Appeals acquittal
    • October 29, 1982: The Court of Appeals reversed and acquitted Perez, ruling the facts constituted “seduction and not abduction.”
  • Subsequent Qualified Seduction proceedings
    • July 22, 1983: Mendoza filed a new criminal complaint for Qualified Seduction (Criminal Case No. 83-8228, MTC Pampanga, Branch IV).
    • Perez’s motions to quash (invoking double jeopardy, waiver/estoppel) and for reconsideration were denied by the MTC.
  • Special civil actions for certiorari and prohibition
    • G.R. No. 68122: Perez petitioned the Supreme Court for certiorari and prohibition; case referred to the IAC, which on December 16, 1985 dismissed the petition without prejudice to refiling in the RTC.
    • Special Civil Case No. 7623: Perez filed certiorari and prohibition in the RTC of Pampanga; petition and motion for reconsideration were dismissed.
  • Petition for review with the Court of Appeals
    • CA-G.R. CR No. 04789: Perez filed a petition for review; October 8, 1987: the CA denied it as inappropriate and final for lack of notice of appeal.
    • November 12, 1987: CA denied his motion for reconsideration. Perez then filed the present petition.

Issues:

  • Procedural remedies
    • Whether Perez’s petition for review was the proper remedy from the RTC’s denial of certiorari and prohibition.
    • Whether the CA correctly held that failure to file a notice of appeal within fifteen days rendered the RTC decision final.
  • Substantive claims
    • Whether the filing of an information for Qualified Seduction was barred by double jeopardy after Perez’s acquittal for Consented Abduction.
    • Whether waiver, estoppel, or implied pardon by Mendoza precluded the Qualified Seduction prosecution.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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