G.R. No. L‑3182
November 13 1906

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FACTS
– On 19 July 1902, in Taal, Batangas, José Solis, with accomplices Eliseo Herrera and Leon Garcia, attacked Julio Lontoc, a rival for the affection of Ana Orlina.
– Herrera struck Lontoc’s left temple with a cane, causing him to fall; Solis then stabbed Lontoc in the epigastric region, penetrating the diaphragm, stomach and aorta. Lontoc died shortly after medical examination.
– The provincial fiscal filed a murder complaint (Nov 16 1905). The case was later dismissed “without prejudice,” and a new complaint was filed.
– Solis was tried (24 January 1906), convicted of homicide and sentenced to 12 years + 1 day (reclusion temporal). He appealed, arguing (1) double jeopardy because of the prior dismissed complaint, and (2) that the offense should be murder, not homicide.

ISSUE
1. Whether the second prosecution violated the constitutional prohibition against double jeopardy.
2. Whether the killing constitutes murder (Article 403, Revised Penal Code) or homicide (Article 404).

RULING
– Double jeopardy: The prior dismissal was without prejudice; Solis never pleaded to that complaint. Hence no jeopardy attached, and the second prosecution is valid.
– Classification of the crime: No qualifying circumstances of Article 403 (e.g., treachery, evident premeditation) were proven; the assault was a continuation of an unlawful purpose but lacked the statutory elements of murder. The act falls under homicide (Art. 404).
– Sentence: The appellate court affirmed the conviction, modifying the penalty to fifteen (15) years’ imprisonment (reclusion temporal) with accessories under Art. 59 of the Penal Code, an indemnity of ₱1,000 to the heirs, and costs of suit.

Hence, the judgment of the lower court is affirmed, with the adjusted sentence as stated.