18/02/2025
The (SC) has reaffirmed that double jeopardy does not apply when the State is deprived of due process despite a previous acquittal.
In a Decision written by Associate Justice Ramon Paul L. Hernando, the SC’s First Division set aside the acquittal for perjury of Manuel T. Ubarra, Jr. (Ubarra), in his capacity as Vice President of CJH Development Corporation (CJH). The SC also and remanded the case to the Regional Trial Court (RTC) for further proceedings.
Atty. Arnel Paciano D. Casanova, then Chief Executive Officer of the Bases Conversion and Development Authority (BCDA), filed a case for perjury against Ubarra after the latter charged him with violating the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Civil Service Decree.
The Metropolitan Trial Court found Ubarra guilty of perjury, but the RTC acquitted him, citing the absence of Casanova’s judicial affidavit in the case records transmitted to it. The Court of Appeals ruled that the RTC ignored key evidence and failed to give the prosecution a chance to address the missing affidavit.
Agreeing with the CA, the SC stated that the RTC prematurely acquitted Ubarra without a full review of the evidence. The RTC failed to allow the prosecution to explain or correct the missing affidavit, despite it being filed and admitted by the MeTC. This violated the State’s right to due process, rendering the judgment of acquittal invalid.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/sc-double-jeopardy-does-not-apply-when-state-is-denied-due-process.
Read the full text of the Decision at https://sc.judiciary.gov.ph/249890-manuel-t-ubarra-jr-vs-people-of-the-philippines/.
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