Philippine Bar review · Question

Practice question: Double Jeopardy

Multiple Choice Medium

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?
  1. Yes, stronger evidence always permits retrial.
  2. No; the valid acquittal generally bars a second prosecution for that offense.
  3. Yes, if the witness was not previously listed.
  4. Yes, because acquittal is never final.
  5. 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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