Pecho v People 262 SCRA 518 (1996)

Facts: The decision of the Supreme Court for convicting the accused for the complex crime of attempted estafa thru falsification of official and commercial document was assailed with the contention of the defense that the accused may not be convicted of the crime for double jeopardy. The charge against the accused was on violation of RA 3019 of which he was acquitted because it only penalizes consummated crime. In the absence of evidence that shows that the crime was consummated the accused was acquitted but the court held judgment of prosecuting his conviction for attempted estafa thru falsification of official and commercial document which is necessarily included in the crime charged. Accused invokes the defense of double jeopardy since his acquittal from the charge involving RA 3019 is a bar for prosecution on the crime of attempted estafa thru falsification of official and commercial document and that the accused was not informed of this charge against him in the filing of the information.