G.R. No. L-20398 October 31, 1968
The People of the Philippines, appellant, vs. Juan Gil, et al., appellees.

FACTS

Juan Gil, Angel Cabiugin, and Gerardo Limpiado were separately charged by the offended parties Jose Malingit and Tranquilino O. Calo, Jr., for defamation under Article 358 of the Revised Penal Code in the Justice of the Peace Court of Nasipit, Agusan. After waiving their right to preliminary investigation, the cases were elevated to the Court of First Instance where separate informations were filed. Upon arraignment, the accused pleaded not guilty, and the cases were set for joint trial. The trial court, motu proprio, raised the issue that since the alleged slanderous acts were uttered on the same date and at the same place, albeit against two different persons, there should have been only one information. After hearing the parties, the court issued an order dismissing one of the cases (Criminal Case No. 2156) but left the other (Criminal Case No. 2153) to proceed to trial and final judgment. The State appealed this order of dismissal.

ISSUE

Whether the trial court erred in dismissing one of the two defamation cases on the ground of multiplicity of prosecution for offenses arising from one and the same act.

RULING

The Supreme Court dismissed the State’s appeal. It held that the ruling in People vs. Del Rosario, which states that there are as many offenses of libel (or defamation) as there are persons defamed, was controlling. Therefore, the trial court’s dismissal of Criminal Case No. 2156 was erroneous. However, since the dismissal was not at the instance of the defendants but was ordered by the court motu proprio, and the accused had already pleaded not guilty, allowing the prosecution to proceed after such dismissal would constitute double jeopardy. Consequently, the erroneous dismissal was deemed sufficient to bar further prosecution for the offense charged in the dismissed case.