Philippine Bar review · Question

Practice question: Double Jeopardy

Multiple Choice Hard

Practice question

A defendant invokes an acquittal in a prior case to bar a second charge merely because both arose during one encounter. Assume both are statutory offenses with distinct elements, neither necessarily includes the other, and no special same-act law-or-ordinance situation applies. Is the shared encounter alone enough?
  1. Yes, every act at one location is one offense.
  2. Yes, identical witnesses always mean identical offenses.
  3. Yes, the title of the motion controls.
  4. No; the court must examine offense identity and necessary inclusion, not merely shared background facts.
  5. No; double jeopardy never protects an acquittal.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 117 section 7: prior jeopardy, included offenses and specified graver-offense exceptions.
  • https://lawphil.net/judjuris/juri2026/feb2026/gr_259277_2026.html — Bakal v. People, G.R. 259277, 2026 main opinion: finality of acquittal and strict jurisdictional standard for Rule 65 review.

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