Former Senator Bong Revilla. INQUIRER FILE PHOTO / NINO JESUS ORBETA
The acquittal of former Senator Ramon ‘Bong’ Revilla Jr. of plunder for the pork barrel scam can no longer be appealed.
“It is an elementary doctrine in law that you cannot appeal a judgment of acquittal,” Martires said citing the principle of double jeopardy or the prohibition on putting a person on trial twice for the same offense.
“The policy is based on double jeopardy or the prohibition ‘against being twice put in jeopardy.’ This doctrine has its roots in Roman law that an ‘issue once decided cannot be tried again,'” he said.
Last September, Martires, a former Sandiganbayan associate justice before he was promoted to the Supreme Court issued a policy stating that “the Office of the Ombudsman shall no longer challenge the dismissal of cases/quashal of information and judgments of acquittal either through a motion to dismiss, a demurrer to evidence or by a decision rendered by the trial courts or the Sandiganbayan.”
The policy was issued consistent with the Constitutional provision on double jeopardy.
Under Article III Section 21 of the 1987 Constitution states that “no person shall be twice put in jeopardy of punishment for the same offense.”
Double jeopardy, in essence, protects a person from endless litigation.
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