G.R. No. 167526; July 26, 2010
PEOPLE OF THE PHILIPPINES, Petitioner, vs. DANTE TAN, Respondent.
FACTS
The People of the Philippines filed two criminal Informations against Dante Tan before the Regional Trial Court (RTC) of Pasig City for violation of the Revised Securities Act. The charges alleged that Tan, as the beneficial owner of a significant percentage of Best World Resources Corporation shares exceeding the 10% reporting threshold, willfully failed to file the required sworn statements of his beneficial ownership with the Securities and Exchange Commission and the Philippine Stock Exchange within the prescribed period. After arraignment where Tan pleaded not guilty, the prosecution presented its evidence and formally offered its exhibits. The RTC admitted some exhibits but denied admission to others.
Subsequently, Tan filed a Demurrer to Evidence. The RTC granted the demurrer and dismissed the criminal cases. The People then filed a Petition for Certiorari with the Court of Appeals (CA), assailing the RTC orders that excluded certain exhibits and ultimately granted the demurrer. The CA dismissed the petition, ruling that the grant of a demurrer to evidence operates as an acquittal, and an appeal by the prosecution would place the accused in double jeopardy. The CA denied the People’s motion for reconsideration, prompting this petition.
ISSUE
Whether the Court of Appeals erred in dismissing the petition and ruling that an appeal from the grant of a demurrer to evidence is barred by double jeopardy.
RULING
The Supreme Court denied the petition and affirmed the CA’s resolutions. The grant of a demurrer to evidence after the prosecution has rested its case is a dismissal on the merits, tantamount to an acquittal. An acquittal is final and unappealable; to allow an appeal would violate the constitutional right of the accused against double jeopardy. All elements of double jeopardy are present in this case: (1) the Informations were sufficient in form and substance; (2) the RTC had jurisdiction; (3) the accused was arraigned and pleaded; and (4) the case was dismissed upon the grant of the demurrer, which is a dismissal on the merits equivalent to an acquittal.
The People’s argument that double jeopardy does not apply due to a violation of due process or lack of jurisdiction is unavailing. The alleged errors committed by the RTC in evaluating the evidence and in its orders regarding the formal offer of exhibits are errors of judgment, not jurisdiction. Errors of judgment are not correctible by certiorari, as this extraordinary writ is not a substitute for a lost appeal. Since the dismissal via demurrer was a judgment of acquittal, the prosecution’s remedy of appeal was lost, and the special civil action of certiorari cannot be used to circumvent this finality. The Court emphasized the fundamental policy to protect an individual from being subjected to the perils of trial and conviction more than once for the same offense.
