G.R. No. 164051, October 3, 2012
[Double Jeopardy, Novation]
1.)
When the prosecution moves for the withdrawal of the criminal cases and
the court approves the same, does the reinstatement of the cases amount
to double jeopardy against the accused?
No, it does
not place the accused in double jeopardy. For double jeopardy to occur,
there must be a first jeopardy. A first jeopardy attaches only (a) after
a valid indictment, (b) before a competent court, (c) after
arraignment, (d) when a valid plea has been entered, and (e) when the
accused has been acquitted or convicted, or the case dismissed or
otherwise terminated without his express consent.
Withdrawal
of the criminal cases, with the court's approval, does not necessarily
mean dismissal of the cases by the court. Without the categorical
dismissal of the cases by the court, there can be no first jeopardy.
Without first jeopardy, there can be no double jeopardy.
2.)
Novation, while it extinguishes an obligation, does not completely
erase the obligor-obligee relationship. It only ends the original
obligation but a new obligation is created to replace the old one.
Novation
cannot be presumed; it must be clearly stated or understood that the
purpose of the new contract is to replace the old one.
In
order to determine if the entruster-entrustee relationship was replaced
by an ordinary creditor-debtor relationship, we must examine if the
first obligation is incompatible with the second obligation that was
purported to replace the first. In payment of sum of money, the first
obligation is not novated by a second obligation that (1) expressly
recognizes the first obligation, (2) changes only the terms of payment,
(3) adds other obligation not incompatible with the old ones, or (4)
merely supplements the first one.
In this case, the
second obligation (restructuring) arose due to the failure of the
accused to account for the sum of money received in trust.
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