IVLER V. SAN PEDRO
G.R. No. 172716
November 17, 2010
FACTS:
Jason Ivler was charged with the separate offenses of (1) reckless imprudence resulting in
slight physical injuries and (2) reckless imprudence resulting in homicide and damage to property,
before the Metropolitan Trial Court of Pasig City. During the arraignment, Ivler pleaded guilty on
the charge of reckless imprudence resulting in slight physical injuries and was meted out the
penalty of public censure. Thereafter, Ivler, invoking his right against double jeopardy, moved to
quash the charge of reckless imprudence resulting in homicide and damage to property filed against
him.
ISSUE: Whether or not the motion to quash on the ground of double jeopardy was proper.
HELD:
Yes, the motion to quash is proper. The accused’s negative constitutional right not to be
"twice put in jeopardy of punishment for the same offense" protects him from, among others, postconviction prosecution for the same offense, with the prior verdict rendered by a court of
competent jurisdiction upon a valid information.
The two charges against petitioner, arising from the same facts, were prosecuted under the
same provision of the Revised Penal Code, as amended, namely, Article 365 defining and
penalizing quasi-offenses, hence the motion to quash is valid.