Title
People vs. Besa
Case
G.R. No. 48421
Decision Date
Dec 14, 1942
Defendant convicted of less serious physical injuries; subsequent attempted murder charge barred by double jeopardy, as greater offense includes lesser.

Case Summary (G.R. No. 48421)

Legal Grounds for Double Jeopardy

The court discussed the implications of Section 9 of Rule 113 of the Rules of Court regarding the concept of double jeopardy. Double jeopardy is a constitutional protection that prevents an individual from being tried for the same offense after an acquittal or conviction. The court determined that since the offense of attempted murder necessarily includes the crime of less serious physical injuries, the latter conviction serves as a valid defense against further prosecution for the former.

Interpretation of Criminal Procedure Laws

The decision clarified that there has been no unconstitutional modification of Section 26 of the old Code of Criminal Procedure by Section 9 of Rule 113 of the Rules of Court. While the strict interpretation of Section 26 only allows a plea of double jeopardy when the second offense is included in the first, the jurisprudential interpretation supports broader application, thereby encompassing cases where the second offense necessarily includes the first.

Jurisprudential Support for the Ruling

To support its ruling, the court referenced established jurisprudence, such as the case of Grafton vs. United States, which held that an acquittal of one crime effectively negates the ability to prosecute for a more serious charge reflecting the same set of facts. This established a clear precedent that the nature of the offenses determines their identity, rather than merely their grade.

Precedent Cases Cited

The court cited various landmark cases that reaffirmed the principle that a conviction or acquittal for a lesser offense bars prosecution for a greater offense. For example, in Commonwealth vs. Roby, it was established that being acquitted of murder precludes subsequent indictment for manslaughter. Similarly, in People vs. Martinez, a conviction for lesiones menos graves barred a subsequent trial for lesiones graves because the latter included the elements of the former.

Considerations of Jurisdiction

The relevant ruling emphasized that it is immaterial whether the court addressing the lesser offense had jurisdiction over the greater offense. The determining factor for double jeopardy remains whether the evidence necessary to prove one offense would also suffice for the other. The modern interpretation under Section 9 of Rule 113 emphasizes that if one offense is necessarily included in another, jeopardy attaches regardless of jurisdictional issues.

Implications for Legal Proceedings

The court concluded that prosecuting a lesser offen

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