Case Digest on People vs. Pinuila

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CASE DIGEST ON PEOPLE V. PINUILA [55 O.G. 23 p. 4228 (1958)] - Where accused who were charged with murder, filed a motion to quash on the ground of lack of jurisdiction, which the lower court granted, and the gov-ernment, following, the doctrine of People v. Salico which held that an appeal by the government does not place accused in double jeopardy, this interpretation, though later abandoned, must be held applicable to accused, and they cannot invoke the defense of double jeopardy.
People v. Salico has long become final and conclusive and has become the law of the case. It may be erroneous, judged by the law on double jeopardy as recently interpreted by the SC. Even so, it may not be disturbed and modified. The SC's recent interpretation of the law may be applied to new cases, but certainly not to an old one finally and conclusively determined.
"Law of the case has been defined as the opinion delivered on a former appeal. More specifical¬ly, it means that whatever is once irrevocably established as the controlling legal rule of decision between the same parties in the same case continues to be the law of the case, WHETHER CORRECT ON GENERAL PRINCIPLES OR NOT, so long as the facts on which such decision was predicated continue to be the facts of the case before the court." [21 C.J.S. 330]
"It may be stated that as a rule of general application, where the evidence on a second or succeeding appeal is substantially the same as that on the first or preceding appeal, all matters, questions, points or issues adjudicated on the prior appeal are the law of the case on all subse¬quent appeals and will not be reconsidered or readjudicated therein."
The rule is founded on the policy of ending litigation, and to be necessary to enable an appel¬late court to perform its duties satisfactorily and effectively.


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