On April 12, 1975, Fama Jr., attacked Viajar by throwing a piece of stone upon his right cheek, inflicting physical injuries which would require medical attendance for a period from 5 to 9 days barring complication as per medical certificate of the physician. A criminal complaint for slight physical injuries was filed against Fama Jr. on April 15, 1975, docketed as Case No. 3335. Meanwhile, Viajar filed another complaint on July 28, 1975, docketed as Case No. 5241, for the same instance of throwing a stone but this time for serious physical injuries because it left permanent scar and deformation on his right face. The first case proceeded and Fama Jr. pleaded not guilty during arraignment. After several postponements by the prosecution, Fama Jr.successfully sought dismissal of the first criminal case invoking the constitutional right to speedy trial. Fama Jr. now moves for the dismissal of the second case on the ground of double jeopardy.
ISSUE: Whether or not the additional allegation of deformity in the information in Case No. 5241 constitutes a supervening element which should take this case out of the rule of identity resulting in double jeopardy.
This rule of identity does not apply… when the second offense was not in existence at the time of the first prosecution, for the simple reason that in such case there is no possibility for the accused during the first prosecution, to be convicted for an offense that was then inexistent Thus, where the accused was charged with physical injuries and after conviction the injured dies, the charge of homicide against the same accused does not put him twice in jeopardy.
[Here], when the complaint was filed on April 15, 1975, only three days had passed since the incident in which the injuries were sustained took place, and there were yet no indications of a graver injury or consequence to be suffered by said offended party. Evidently, it was only later, after Case No. 3335 had already been filed and the wound on the face of Viajar had already healed, that the alleged deformity became apparent. In other words, in the peculiar circumstances of this case, the plea of double jeopardy of private respondent Fama Jr., cannot hold.