G.R. No. L-19344 July 27, 1966
Agaton Bulaong, petitioner, vs. People of the Philippines, respondent.

FACTS

On May 31, 1956, Agaton Bulaong and others were charged with rebellion before the Court of First Instance of Laguna. Bulaong was at large, so his trial did not proceed until 1958. The Anti-Subversion Act (Republic Act 1700) took effect on June 20, 1957. Bulaong was arrested on September 12, 1958. On October 1, 1958, the rebellion information in Laguna was amended. On the same date, a separate information for subversion under the Anti-Subversion Act was filed against Bulaong before the Court of First Instance of Manila. The subversion case remains pending in Manila. The rebellion case proceeded in Laguna, resulting in Bulaong’s conviction. He appealed to the Court of Appeals, which affirmed the conviction. Bulaong now appeals from that judgment.

ISSUE

Whether or not accused Bulaong can interpose the defense of double jeopardy in the rebellion case in view of the filing against him of the information for subversion in Manila, which allegedly involves the same facts.

RULING

The defense of double jeopardy is not available. Under the Rules of Court, double jeopardy applies only where the accused has been convicted, acquitted, or the case against him was dismissed or otherwise terminated without his consent. In this case, the subversion charge in Manila is still pending; there has been no conviction, acquittal, dismissal, or termination of that case. Therefore, the prosecution for rebellion is not barred. The judgment of the Court of Appeals affirming the conviction for rebellion is affirmed.