The protection of the Constitution against a person being put twice in jeopardy for the ‘same offense’ extends to an act that is punished both by law and ordinance

“In other words, one who has been charged with an offense cannot be again charged with the same or identical offense though the latter be lesser or greater than the former… the Government cannot begin with the highest, and then go down step by step, bringing the man into jeopardy for every dereliction included therein…” (Melo v. People, G.R. L-3580, March 22, 1950).

However, “where after the first prosecution a new fact supervenes for which the defendant is responsible, which changes the character of the offense and, together with the facts existing at the time, constitutes a new and distinct offense…, the accused cannot be said to be in second jeopardy if indicted for the new offense.”

In the case of Melo v. People, Conrado Melo was charged with frustrated homicide for allegedly inflicting serious wounds upon Benjamin Obillo with the use of a kitchen knife, requiring medical attention for more than 30 days.

On the morning of December 29, 1949, the accused pleaded not guilty to the offense charged, and in the evening of the same day the victim Obillo died from his wounds (G.R. L-3580, March 22, 1950).

“In order that the protection against double jeopardy may inure in favor of an accused (defendant), the following requisites must [be present] in the original prosecution: (a) a valid complaint or information; (b) a competent court;

(c) the defendant had pleaded to the charges; and

(d) the defendant was acquitted, or convicted, or the case against him was dismissed or otherwise terminated without his express consent” (People v. Obsania, G.R. L-24447, June 29, 1968).

In the case of People v. Obsania, Willy Obsania, armed with a dagger, raped the complainant Erlinda Dollente, in the rice fields of Sitio Cawakalan, Barrio Capulaan, Pangasinan. The accused Obsania pleaded not guilty upon arraignment and moved for the dismissal of the

Honor Blanco Cabie, Editor mst.daydesk@gmail.com FRIDAY, JUNE 9, 2023 B1 OPINION