Political Law, 2012 Bar — Question 81
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Butchoy installed a jumper cable. He was prosecuted under a Makati ordinance penalizing such act. He moved for its dismissal on the ground that the jumper cable was within the territorial jurisdiction of Mandaluyong and not Makati. The case was dismissed. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP). Is there double jeopardy? (A) No. The first jeopardy was terminated with his express consent. (B) Yes. This is double jeopardy of the second kind — prosecution for the same act under an ordinance and a law. (C) Yes. He is prosecuted for the same offense which has already been dismissed by the City of Makati. No. The second kind of double jeop- (D) ardy under Section 21, Article III only contemplates conviction or acquittal which could terminate a first jeopardy.
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