"Decisions, final orders or resolutions of the CA in any case (regardless of the nature of the action or proceedings involved) may be appealed to this Court by filing a petition for review on certiorari under Rule 45 of the Rules of Court which, in essence, is a continuation of the appellate process over the original case.[48] Being an appellate process, such remedy is confined to a review of any error in judgment.[49] However, unlike other modes of appeal, the scope of review is narrower because this Court only entertains pure questions of law,[50] and generally does not re-evaluate the evidence presented by the parties during the trial stage of the whole proceedings.[51] Furthermore, the scope of review under Rule 45 for CA decisions, resolutions or final orders in granting or denying petitions for certiorari under Rule 65 is even narrower. Just like in labor cases, this Court will examine the CA's decision, resolution or final order from the prism of whether it correctly determined the presence or absence of grave abuse of discretion on the lower tribunal's part and not whether the same tribunal decided correctly on the merits.[52]
In this case, the CA nullified the RTC's February 13, 2013 Order dismissing the case against the petitioner on the ground of grave abuse of discretion and reinstated Criminal Case No. 10-1829. As a consequence of such reinstatement, this Court is now confronted with the issue on whether the petitioner's constitutional right against double jeopardy was violated by the CA.
To resolve such issue, this Court reiterates the general rule that the Prosecution cannot appeal or bring error proceedings from a judgment rendered in favor of the defendant in a criminal case because an acquittal is immediately final and executory and the Prosecution is barred from appealing lest the constitutional prohibition against double jeopardy be violated.[53] However, there are instances where an acquittal may still be challenged without resulting to double jeopardy, such as:
(1) When the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction due to a violation of due process;[54] or
(2) When the trial was a sham.[55]
In these instances, the dismissal or judgment of acquittal is considered void and assailing the same does not result in jeopardy.[56]
As to the proper procedure, a judgment of acquittal (or order of dismissal amounting to acquittal) may only be assailed in a petition for certiorari under Rule 65 of the Rules of Court.[57] The reasons being are that: (1) the Prosecution is barred from appealing a judgment of acquittal lest the constitutional prohibition against double jeopardy be violated;[58] (2) double jeopardy does not attach when the judgment or order of acquittal is tainted with grave abuse of discretion;[59] and (3) that certiorari is a supervisory writ whose function is to keep inferior courts and quasi-judicial bodies within the bounds of their jurisdiction.[60] Verily, certiorari is a comprehensive[61] and extraordinary writ wielded by superior courts in criminal cases to prevent inferior courts from committing grave abuse of discretion.[62]
More importantly, grave abuse of discretion should be alleged and proved to exist in order for such petition to prosper.[63] The petitioner should establish that the respondent court or tribunal acted in a capricious, whimsical, arbitrary or despotic manner in the exercise of its jurisdiction as to be equivalent to lack of jurisdiction whenever grave abuse of discretion is alleged in the petition for certiorari.[64] Such manner of exercising jurisdiction must be so patent and so gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.[65] In other words, mere abuse of discretion is not enough - it must be grave.[66] Thus, as applied in this case, while certiorari may be used to nullify a judgment of acquittal or order of dismissal amounting to an acquittal, the petitioner seeking for the issuance of such an extraordinary writ must demonstrate clearly that the lower court blatantly abused its authority to a point that such act is so grave as to deprive it of its very power to dispense justice.[67]
At this point, it now becomes imperative for this Court to re-assess whether the CA: (1) correctly found grave abuse of discretion on the RTC's part; and (2) properly reinstated Criminal Case No. 10-1829 without violating the constitutional prohibition on placing an accused twice in jeopardy."
EN BANC
[ G.R. No. 216824, November 10, 2020 ]
GINA VILLA GOMEZ, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/670
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