-means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense.

(1) Requisites- under present law and jurisprudence, the accused is placed in double jeopardy if the following conditions are present:

(a) He has been previously brought to trial;(b) In a court of competent jurisdiction;(c) Under a valid complaint or information;(d) He has been arraigned and pleaded to the charge;(e) He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and(f) He is being charged again with the same offense.

(2) Rule in case of mistrial- the right cannot be invoked where a petition for declaration of mistrial is granted on the ground that the proceedings have been vitiated by lack of due process.

(1) The government has no right, therefore, to appeal from a judgment of acquittal.

(1) The accused, after having been convicted, may appeal to a

higher court, but the latter may raise the penalty imposed on him by the lower court and such is not second jeopardy.

(1) For the same offense- under the first sentence, the protection is against double jeopardy for the same offense and not for the same act, provided he is charged with a different offense except if the “act is punishable by a law and an ordinance” in which the conviction or acquittal under either shall constitute a bar to another prosecution for the same act.” “

(2) For the same act- the second sentence contemplates double jeopardy of punishment for the same act and it applies although the offenses charged are different, one constituting a violation of a statute and the other of an ordinance.