Petitioner
People
Respondent
Alberto Cosare
Citation
G.R. No. L-6544
Court
Supreme Court
Division
En Banc
Ponente
Bautista Angelo, J.
Decided
August 25, 1954

Summary

Alberto Cosare was prosecuted for acts of lasciviousness against Valeria Pagas, involving unlawful entry into her dwelling and inappropriate physical contact. The case underwent multiple procedural complications including amended complaints, jurisdictional challenges, and remand for new preliminary investigation. While acquitted of the main charge of acts of lasciviousness, Cosare was convicted of qualified trespass to dwelling with nocturnity. On appeal, the Supreme Court affirmed, establishing important precedents that: (1) the actual facts alleged in an information control over the technical designation in the caption, and (2) remand for new preliminary investigation with accused's consent does not constitute double jeopardy. The decision clarifies criminal procedure regarding information drafting and double jeopardy protections in Philippine criminal law.

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By the Intellegal Editorial Board · August 25, 1954

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