Is acquittal in an earlier case for impeachment a bar for the filing of another impeachment case?
What is prohibited under the 1987 Constitution is the institution of more than one impeachment case against the same official in the same year (Sec. 3[5], Art. XI). Nevertheless, even if one year has already lapsed, the defendant may avail of the doctrine of res judicata to challenge any new impeachment case if such case would be grounded on the same allegations as the earlier impeachment case. This doctrine is similar to the doctrine of double jeopardy enshrined in the Bill of Rights of the 1987 Constitution. Under the doctrine of res judicata, a prior judgment shall bar any subsequent case if the following requisites are present: (1) the court having jurisdiction over the prior case has rendered final judgment based on the merits and not mere technicalities; and (2) the prior and subsequent case have identity of parties, subject matter and action (Ysmael & Co. Inc. v. Deputy Executive Secretary, 190 SCRA 673 [1990]).
