The Supreme Court held that a petition for certiorari under Rule 65, not an appeal, is the proper remedy to question a verdict of acquittal, provided that the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process. This ruling clarifies the circumstances under which the prosecution can challenge an acquittal without violating the accused’s right against double jeopardy, emphasizing that such a challenge is permissible only when the trial court’s actions demonstrate a blatant abuse of authority that deprives it of its power to dispense justice.

When Does an Acquittal Truly End the Legal Battle? Examining Double Jeopardy and Abuse of Discretion

The case of People of the Philippines vs. Hon. Enrique C. Asis and Jaime Abordo arose from a shooting incident involving Jaime Abordo and several complainants. Abordo was charged with two counts of attempted murder and one count of frustrated murder. The trial court, however, found him guilty only of Serious Physical Injuries and Less Serious Physical Injuries, appreciating four mitigating circumstances in his favor and acquitting him on one count. The Office of the Solicitor General (OSG) filed a petition for certiorari before the Court of Appeals (CA), alleging that the trial court committed grave abuse of discretion in finding that Abordo lacked intent to kill and in appreciating the mitigating circumstances. The CA dismissed the petition, stating that certiorari was the wrong remedy and that the petition placed the accused in double jeopardy.

The central question before the Supreme Court was whether the CA erred in dismissing the OSG’s petition for certiorari. The Court reiterated the general rule that a judgment of acquittal is final and unappealable, adhering to the finality-of-acquittal doctrine. However, the Court also acknowledged an exception to this rule. The Supreme Court emphasized that the finality-of-acquittal doctrine is not absolute.

Like any other rule, however, the above said rule is not absolute. By way of exception, a judgment of acquittal in a criminal case may be assailed in a petition for certiorari under Rule 65 of the Rules of Court upon clear showing by the petitioner that the lower court, in acquitting the accused, committed not merely reversible errors of judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process, thus rendering the assailed judgment void.

The Court emphasized the propriety of resorting to a petition for certiorari when the acquittal of the accused was tainted with grave abuse of discretion. According to the court, such dismissal order, being considered void judgment, does not result in jeopardy. The Supreme Court emphasized that when the order of dismissal is annulled or set aside by an appellate court in an original special civil action via certiorari, the right of the accused against double jeopardy is not violated.

The Supreme Court discussed that certiorari may be availed of to correct an erroneous acquittal, but the petitioner must clearly demonstrate that the trial court blatantly abused its authority to a point so grave as to deprive it of its very power to dispense justice. The rationale behind this exception is that a judgment rendered by the trial court with grave abuse of discretion was issued without jurisdiction, and is therefore void, consequently, there is no double jeopardy. Double jeopardy generally protects an accused from being tried twice for the same offense.

In this case, the OSG argued that Abordo’s acquittal in Criminal Case No. N-2213 was improper. The Supreme Court recognized that the OSG was correct in pursuing its cause via a petition for certiorari under Rule 65 before the appellate court, since an appeal would violate Abordo’s right against double jeopardy. However, the Court also noted that the OSG’s petition for certiorari failed to demonstrate that the prosecution was deprived of its right to due process. The OSG’s arguments called for a review of the evidence and a recalibration of the factual findings, which is beyond the scope of a certiorari petition.

Certiorari will not be issued to cure errors by the trial court in its appreciation of the evidence of the parties, and its conclusions anchored on the said findings and its conclusions of law.

The Supreme Court ruled that the CA erred in dismissing the petition for certiorari, but there was no need to remand the case as the petition itself lacked merit. The Court found that the OSG was questioning errors of judgment rather than demonstrating grave abuse of discretion. Errors of judgment cannot be raised in a Rule 65 petition, as a writ of certiorari can only correct errors of jurisdiction or those involving the commission of grave abuse of discretion.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in dismissing the OSG’s petition for certiorari, which questioned the trial court’s acquittal of the accused based on alleged grave abuse of discretion. The Supreme Court clarified the circumstances under which a verdict of acquittal can be challenged without violating the right against double jeopardy.
What is a petition for certiorari?	A petition for certiorari is a special civil action filed to correct errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction on the part of a lower court. It is not a substitute for an appeal, which is used to correct errors of judgment.
What does ‘grave abuse of discretion’ mean?	Grave abuse of discretion implies a capricious and whimsical exercise of judgment, equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.
What is the principle of double jeopardy?	Double jeopardy is a constitutional right that protects an accused person from being tried twice for the same offense. This prevents the state from repeatedly attempting to convict an individual for an alleged act.
Under what circumstances can an acquittal be questioned?	An acquittal can be questioned via a petition for certiorari only when the trial court committed grave abuse of discretion amounting to lack or excess of jurisdiction or a denial of due process. The petitioner must clearly demonstrate that the trial court blatantly abused its authority.
What is the difference between an error of judgment and an error of jurisdiction?	An error of judgment is an error that the court may commit in the exercise of its jurisdiction, such as an incorrect assessment of the evidence. An error of jurisdiction, on the other hand, is when the court acts without or in excess of its jurisdiction, or with grave abuse of discretion.
Why was the case not remanded to the Court of Appeals?	The Supreme Court decided not to remand the case to the Court of Appeals because, upon review of the OSG’s petition for certiorari, it was clear that the petition lacked merit. The Court found that the OSG was merely questioning errors of judgment, which cannot be corrected through a petition for certiorari.
What was the final ruling of the Supreme Court?	The Supreme Court partially granted the petition, setting aside the Court of Appeals’ resolution that dismissed the petition for certiorari. However, the Court then denied the petition for certiorari on its merits, finding that it did not demonstrate grave abuse of discretion on the part of the trial court.

In conclusion, the Supreme Court clarified the narrow circumstances under which an acquittal can be challenged through a petition for certiorari. While the right against double jeopardy is paramount, it does not shield acquittals resulting from grave abuses of discretion that deprive the court of its power to dispense justice. This ruling underscores the importance of due process and fair trial proceedings, ensuring that the pursuit of justice is not unduly hindered by procedural technicalities.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES vs. HON. ENRIQUE C. ASIS, G.R. No. 173089, August 25, 2010