G.R. No. 2784

FACTS
– The United States filed a complaint in the Court of First Instance of Iloilo charging Carlos Gemora (with co‑defendants) with giving false testimony in a civil case.
– Gemora was arraigned and pleaded not guilty, but the complaint was dismissed before any witnesses were called.
– A second complaint was then filed, charging the same offense but against Gemora alone.
– At trial on the second complaint Gemora pleaded “former jeopardy,” arguing that the prior dismissal barred a new prosecution.
– He also contended that the criminal trial should be stayed until the civil case in which the alleged false testimony was given reached a final judgment.

ISSUE
1. Whether the dismissal of the first complaint, occurring before any witness testimony, placed Gemora in jeopardy, thereby precluding a second prosecution for the same offense.
2. Whether the criminal prosecution for false testimony in a civil case must be suspended pending the final judgment of the underlying civil case.

RULING
The Court held that jeopardy does not arise until a trial has commenced with the calling of witnesses; thus the first dismissal did not subject Gemora to jeopardy and did not bar the second prosecution. Furthermore, Article 321 of the Penal Code, which penalizes false testimony in civil proceedings, does not condition the criminal trial on the outcome of the civil case; consequently, there is no legal basis to suspend the criminal trial. The trial court’s findings were affirmed, and the judgment of the Court of First Instance was upheld with costs against the appellant.