Question 14, 2018 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XIV

(Question XIV, Political Law, 2018 Bar Exam)

Amoroso was· charged with treason before a military court martial. He was acquitted.

He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy.

The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a “competent court.”

Should the Regional Trial Court grant Amoroso’s motion to quash on the ground of double jeopardy? (2.5%)

Suggested Answer:

Yes. Answer

Under jurisprudence, double jeopardy extends to cases already tried by military tribunals and thereafter the same case for the same offense is filed in a civilian court. Rule

In the case at bar, Amoroso was already tried and acquitted by a military court martial. He cannot be subsequently charged in a civilian court for the same offense as double jeopardy already attached. Apply

Thus, the Regional Trial Court should grant Amoroso’s motion to quash on the ground of double jeopardy. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Political Law, Labor Law

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