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 Summary (G.R. No. L-8014)

Trial Court Disposition

In a consolidated October 8, 1996 decision, RTC-Branch 89:

  • Convicted Diego of murder and double frustrated murder
  • Acquitted Galvez of murder and frustrated murder for insufficient evidence
  • Dismissed illegal-firearm charge, finding no violation

Petition for Certiorari and Main Issues

The State filed a Rule 65 certiorari petition alleging that Velasco acted with grave abuse of discretion in acquitting Galvez. Two threshold issues arose:

  1. Whether certiorari is a proper remedy to challenge an acquittal on evidence grounds.
  2. Whether review of an acquittal on evidence merits violates the constitutional ban on double jeopardy.

Historical Growth of Double Jeopardy Doctrine

The Court traced double jeopardy from ancient Greek and Roman law through English common law (pleas of autrefois acquit/convict) into U.S. jurisprudence, noting key U.S. cases—Kepner v. United States (1900), United States v. Ball (1896), United States v. Wilson (1975), and United States v. Scott (1978). It underscored that U.S. law permits appeals of legal rulings not involving evidence but rule out any appeal when reversal would require a fresh factfinding and second trial.

U.S. Precedents on Appeals of Acquittals

  • Kepner: Appeal of bench acquittal is equivalent to retrial and infringes double jeopardy.
  • Ball/Fong Foo: Acquittal verdict is final, barring further prosecution.
  • Wilson/Scott: Limited appeals permitted when based solely on questions of law or procedural defects that do not impinge on evidence or factual resolution.

Philippine Jurisprudence on Double Jeopardy

Since the 1902 Philippine Bill of Rights, Jones Law, and 1935/1973/1987 Constitutions, Philippine courts have uniformly held that:

  • Acquittal—whether by judge or jury—is final on factual grounds and unappealable to protect the accused’s right to repose.
  • Rule 117, Sec. 7 conclusively bars another prosecution once accused pleads and is acquitted by competent court.
  • Certiorari under Rule 65 corrects only jurisdictional excesses or grave abuse, not mere errors in evidence appreciation.

Court’s Analysis and Ruling

The Court held that:

  • The acquittal rested on factual consideration of evidence; a certiorari petition cannot reappraise evidence

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