G.R. No. 80838. November 29, 1988 (Case Brief / Digest)

### Title: Eleuterio C. Perez vs. Court of Appeals and The People of the Philippines

### Facts:
– On October 21, 1974, Yolanda Mendoza filed a criminal complaint against Eleuterio Perez for Consented Abduction, designated as Criminal Case No. 618 at the Court of First Instance of Pampanga, Branch VI.
– Perez entered a “not guilty” plea, leading to a trial on the merits. On June 28, 1980, he was convicted.
– Perez appealed to the Court of Appeals, which acquitted him of Consented Abduction on October 29, 1982, but noted the act was more akin to “seduction and not abduction.”
– Following this, on July 22, 1983, Mendoza filed another criminal complaint for Qualified Seduction against Perez, registered as Criminal Case No. 83-8228 at the Municipal Trial Court of Pampanga, Branch IV.
– Perez filed a motion to quash based on double jeopardy and waiver/estoppel, which was denied, leading to a series of petitions for certiorari and prohibition bounced between courts due to jurisdictional and procedural errors, culminating in the denial of his petition for review by the Court of Appeals due to procedural lapses.

### Issues:
1. Whether the petitioner’s motion for reconsideration predicated on “appeal” was appropriate, and its procedural validity.
2. Whether double jeopardy applies in the transition from a charge of Consented Abduction to Qualified Seduction.
3. Whether Yolanda Mendoza’s actions (initially pressing charges for Consented Abduction and later for Qualified Seduction) bar the second case against Perez by virtue of waiver, estoppel, or pardon by delay.

### Court’s Decision:
1. The Court found no merit in Perez’s claim objecting to the procedural handling of his appeal. The Court clarified that an appeal is not the correct remedy from an order denying a motion to quash since such an order is interlocutory.
2. On the issue of double jeopardy, the Court ruled this defense could not be sustained. Despite arising from the same facts, Consented Abduction and Qualified Seduction are distinct crimes requiring different elements; hence, an acquittal from one does not safeguard against prosecution for the other.
3. Regarding waiver, estoppel, or pardon by delay, the Court rejected Perez’s arguments. Complainant’s filing of a subsequent case is not indicative of waiver or estoppel, nor does the delay in filing suggest pardon, especially considering the statutory limitations relevant to the charge of Qualified Seduction.

### Doctrine:
This case restates the principle that double jeopardy does not apply if two offenses, although originating from the same set of facts, each necessitates a proof of an element that the other does not require. Moreover, it underscores that procedural rules, including those governing appeals and petitions for review, are jurisdictional and mandatory, upholding the significance of adhering to prescribed procedures to avoid case dismissals on technicalities.

### Class Notes:
– **Double Jeopardy**: Protects from being tried twice for the same offense. Not applicable if offenses, though similar in fact, are different in law.
– **Procedure on Denial of Motion to Quash**: An order denying a motion to quash is interlocutory, and the correct course of action is to proceed to trial and appeal any conviction, not to appeal the interlocutory order itself.
– **Appeals and Original Actions**: Distinguishing between an appeal and an original action (e.g., certiorari) is crucial, as it determines the correct procedural path and jurisdiction.
– **Waiver and Estoppel in Criminal Proceedings**: The concepts of waiver, estoppel, or pardon by the offended party in criminal cases are narrowly construed and do not typically obstruct the prosecution of distinct offenses arising from the same facts.
– **Statutory Limitations**: Comprehension of statutory limitations is essential as delay in filing charges may affect the viability of prosecutions, barring situations where statutes explicitly extend such periods.

### Historical Background:
This case unfolds against the backdrop of the evolving Philippine judicial system, including changes instituted by Batas Pambansa Blg. 129 in 1981, which reorganized courts and altered their jurisdiction. This reorganization is pivotal in understanding the jurisdictional challenges and procedural complexities encountered during the litigation process in this case.


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