Friday, December 02, 2011

Hon. Waldo Q. Flores, et al v. Atty. Antonio F. Montemayor, G.R. No. 170146, June 8, 2011.

Administrative cases; res judicata. Dismissal of a criminal action does not foreclose institution of an administrative proceeding against the same respondent, nor carry with it the relief from administrative liability. Res judicata did not set in because there is no identity of causes of action. Moreover, the decision of the Ombudsman dismissing the criminal complaint cannot be considered a valid and final judgment. On the criminal complaint, the Ombudsman only had the power to investigate and file the appropriate case before the Sandiganbayan. 


Double jeopardy; elements. Double jeopardy attaches only (1) upon a valid indictment, (2) before a competent court, (3) after arraignment, (4) when a valid plea has been entered, and (5) when the defendant was convicted or acquitted, or the case was dismissed or otherwise terminated without the express consent of the accused. None of these requisites applies where the Ombudsman only conducted a preliminary investigation of the same criminal offense against the respondent public officer. The dismissal of a case during preliminary investigation does not constitute double jeopardy, preliminary investigation not being part of the trial. Hon. Waldo Q. Flores, et al v. Atty. Antonio F. Montemayor, G.R. No. 170146, June 8, 2011.

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