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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

The People file information I1 in the Regional Trial Court (RTC) for murder based on the same set of facts. After arraignment, the court dismisses I1 for lack of probable cause, and the dismissal is without the express consent of the accused. The People then file a second information I2 in the same RTC charging the accused with parricide for the same incident. The accused moves to quash I2 on the ground of double jeopardy. (a)Identify the controlling doctrine and the controlling rule. (b)Distinguish double jeopardy from related doctrines (e.g., res judicata, former conviction, lesser-included offenses) and explain why they are or are not controlling in this scenario. (c)Apply the doctrine to the facts: should the second information be quashed? Why or why not?

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Blockburger/Elements test; If the offenses require proving different elements, they are not the same offense; murder and parricide require different elements, so I2 may proceed. Double Jeopardy; A second information for the same act is barred only if the second offense is identical to the first or a lesser included offense and the first jeopardy attached and ended; since murder and parricide are distinct offenses with different elements, the second information is not barred and should not be quashed. Lesser-included offenses doctrine; If the second information charges a lesser included offense of the first information, it must be quashed; here parricide is not a lesser included offense of murder, so this doctrine does not compel quashal. Lesser-included offenses doctrine; The rule prohibits prosecuting for a lesser included offense after conviction of the greater offense; since there was only a dismissal and no conviction, the second information for parricide may still be barred.

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