Double Jeopardy Prevents Retrial After Acquittal Based on Demurrer to Evidence

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TLDR: A criminal case dismissed by the trial court after the prosecution presents its evidence, due to the insufficiency of that evidence, is equivalent to an acquittal. An appeal of this acquittal by a private complainant is barred by the principle of double jeopardy, as only the Solicitor General can appeal the criminal aspect of the case.

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G.R. No. 172777 & G.R. No. 172792 – BENJAMIN B. BANGAYAN, JR. VS. SALLY GO BANGAYAN & RESALLY DE ASIS DELFIN VS. SALLY GO BANGAYAN

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Introduction

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Imagine finding out your spouse has not only been unfaithful but is also married to someone else! In the Philippines, bigamy is a crime, but prosecuting it can be complex. This case highlights the importance of understanding double jeopardy, the role of the Solicitor General, and what evidence is needed to prove someone guilty of bigamy.

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In Bangayan v. Bangayan, Benjamin Bangayan, Jr. and Resally de Asis Delfin were accused of bigamy by Sally Go-Bangayan, Benjamin’s first wife. The Regional Trial Court (RTC) dismissed the case after the prosecution presented its evidence, finding it insufficient. The Court of Appeals (CA) reversed this decision, but the Supreme Court ultimately sided with Benjamin and Resally, underscoring critical principles of criminal procedure and constitutional rights.

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Legal Context

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Bigamy is defined under Article 349 of the Revised Penal Code as contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

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The key elements of bigamy are:

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• The offender has been legally married.

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• The first marriage has not been legally dissolved or annulled.

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• The offender contracts a second marriage.

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Crucially, the prosecution must prove these elements beyond reasonable doubt. A mere allegation is not enough; concrete evidence is required. Moreover, the right against double jeopardy, enshrined in Section 21, Article III of the 1987 Constitution, protects individuals from being tried twice for the same offense.

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Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

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Double jeopardy exists when the following elements are present:

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• A valid complaint or information.

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• A court of competent jurisdiction.

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• The defendant had pleaded to the charge.

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• The defendant was acquitted, convicted, or the case against him was dismissed without his express consent.

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Case Breakdown

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The story begins with Sally Go-Bangayan discovering that her husband, Benjamin, had allegedly married Resally de Asis Delfin while still married to her. She filed a complaint-affidavit accusing them of bigamy.

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The timeline of events unfolded as follows:

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• Benjamin and Sally married in 1982 and had two children.

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• Sally learned that Benjamin had married Resally in 2001, using the name