G.R. No. L-29599; January 30, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. ISABELO MONTEMAYOR, ET AL., defendants, CARLOS CARAMONTE, defendant-appellee.

FACTS

The Acting City Fiscal of Cadiz City filed an appeal against the decision dated September 7, 1968, rendered by the Presiding Judge of the 12th Judicial District, acquitting the accused Carlos Caramonte. The fiscal alleged “the enormity of the injustice” perpetrated by the trial judge. The record of the case, including the minutes and exhibits, was forwarded to the Supreme Court. The Solicitor General, required to comment on the fiscal’s motion for leave to file a memorandum in support of the appeal, expressed the view that such an appeal would constitute double jeopardy and should not be allowed.

ISSUE

Whether or not the State can appeal from a judgment of acquittal.

RULING

No. The appeal is dismissed. The Supreme Court held that an appeal by the State from a judgment of acquittal cannot be given due course as it would place the accused in double jeopardy, which is prohibited by the Constitution. The Court reiterated the settled doctrine, established in cases such as Kepner v. United States, People v. Bringas, People v. Hernandez, and People v. Pomeroy, that no error, however flagrant, committed by the court against the State can be reviewed by the Supreme Court when the defendant has been acquitted and placed in jeopardy. The constitutional guarantee against double jeopardy constitutes an insurmountable barrier to such an appeal.