Practice question
After a valid trial and acquittal, the State finds an additional witness and seeks a second ordinary prosecution for the identical offense merely to improve its proof. Is that permissible?
- Yes, stronger evidence always permits retrial.
- No; the valid acquittal generally bars a second prosecution for that offense.
- Yes, if the witness was not previously listed.
- Yes, because acquittal is never final.
- No, because no criminal case may ever use new witnesses.
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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