Case Summary (G.R. No. 209741)
Applicable Law
The case was decided in 1977 under the 1935 Philippine Constitution, since it predates the 1987 Constitution. The issue revolves around the constitutional protection against double jeopardy, which prohibits a person from being tried twice for the same offense after acquittal or conviction.
Case Background and Charges
Margarito Fama, Jr. was initially charged with slight physical injuries in Criminal Case No. 3335 before the Municipal Court of Janiuay, based on an incident involving the use of a stone as a weapon against Miguel Viajar. The information stated the injuries required medical treatment lasting five to nine days, "barring complications." Fama pleaded not guilty on July 7, 1975.
Subsequently, the Provincial Fiscal filed a separate information (Case No. 5241) before the Court of First Instance, charging Fama with serious physical injuries from the same incident. The second charge specified that the injuries not only required medical attendance but also resulted in a permanent scar and facial deformity on Viajar.
Procedural History and Motion on Double Jeopardy
Fama filed a motion to defer proceedings in Criminal Case No. 5241, asserting that prosecuting this case amounted to double jeopardy since he was already charged and arraigned in Case No. 3335. The prosecution opposed this motion, and both parties filed memoranda concerning the double jeopardy issue.
Concurrently, after filing Case No. 5241, the Provincial Fiscal moved to dismiss Case No. 3335, but the Municipal Court did not act on the motion. The Municipal Court instead set the case for hearing, but due to repeated prosecution postponements, the court eventually dismissed Case No. 3335, citing violations of the accused's right to a speedy trial under Section 16, Article IV of the 1935 Constitution's Bill of Rights.
Following this dismissal, the lower court ruled in favor of double jeopardy and dismissed Case No. 5241, a decision upheld even after the prosecution’s motion for reconsideration. The ruling was based on precedent set in People v. Silva, which deals with the identity of offenses in relation to double jeopardy.
Legal Issue
Whether the second charge of serious physical injuries, especially the element of a permanent scar and deformity, constitutes a new and distinct offense separate from slight physical injuries such that the prosecution of Case No. 5241 would not violate the constitutional prohibition on double jeopardy.
Analysis on Double Jeopardy and Supervening Facts
The Court emphasized that at the time Criminal Case No. 3335 was filed, the nature of the injuries (slight physical injuries requiring medical attendance for 5-9 days) was accurately described based on existing evidence. The alleged permanent scar and deformity only became apparent later, after the wound had healed, making the element of deformity a supervening fact that was not and could not have been known when the first case was filed.
Citing authorities, the Court distinguished this case from People v. Silva, noting that in Silva, the injuries and damages were known and existing at the time of initial prosecution, thereby constituting the same offense. The Court applied the rule from Melo v. People, which allows for subsequent prosecution if a new offense arises after the initial prosecution, and People v
...continue readingCase Syllabus (G.R. No. 209741)
Nature of the Case and Procedural Posture
- Petition for certiorari was filed to set aside the orders dated September 22, 1975, and October 14, 1975, issued by the Presiding Judge of the Court of First Instance of Iloilo, Branch II.
- These orders dismissed Criminal Case No. 5241 against Margarito Fama, Jr. on the ground of double jeopardy.
- The dismissal was premised on the prior dismissal of a different but related charge of slight physical injuries in Criminal Case No. 3335 by the Municipal Court of Janiuay, Iloilo, involving the same incident and same accused.
Facts of the Case
- On April 12, 1975, Margarito Fama, Jr. was accused of assaulting Miguel Viajar by hurling a stone and hitting him on the right cheek, causing slight physical injuries requiring medical attention for 5 to 9 days barring complications.
- The initial complaint (Case No. 3335) was filed on April 15, 1975, charging slight physical injuries with plea of not guilty entered on July 7, 1975.
- Subsequently, on June 8, 1975, a letter-complaint was filed by the offended party charging serious physical injuries involving a permanent scar and deformity caused by the alleged attack. This resulted in the filing of Criminal Case No. 5241 on July 28, 1975, specifically against Fama Jr.
- The charges in Case No. 5241 included allegations that the attack left a permanent scar and deformity on Viajar’s right face, in addition to injuries requiring 5 to 9 days of medical attendance barring complications.
Issues Presented
- Whether the dismissal of Case No. 5241 on grounds of double jeopardy was proper, given the prior dismissal of Case No. 3335.
- Whether the subsequent allegation of permanent scar and deformity constitutes a distinct and supervening fact sufficient to amount to a new offense, thereby removing the double jeopardy bar.
Chronology of Lower Court Proceedings
- Upon filing of Case No. 5241, Fama Jr. moved to defer proceedings citing double jeopardy, which was opposed by the prosecution.
- The Municipal Court of Janiuay did not act on the Fiscal’s motion to dismiss Case No. 3335 but set the case for hearing.
- Repeated postponements were granted at the prosecution’s request, resulting in opposition and a motio