Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > March 1965 Decisions > G.R. No. L-24191 March 31, 1965 - PEOPLE OF THE PHIL. v. JOSE R. ADOLFO:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-24191. March 31, 1965.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE ADOLFO Y RAYMUNDO, Defendant-Appellant.

Solicitor General for Plaintiff-Appellee.

Emiliano S. Samson and R. Balderrama-Samson, for Defendant-Appellant.


SYLLABUS


1. CRIMINAL PROCEDURE; JURISDICTION OF COURT DETERMINED BY LAW IN FORCE AT TIME OF INSTITUTION OF ACTION. — The jurisdiction of a court to try a criminal action is determined not by the law in force at the time of the commission of the offense, but by the law in force at the time of the institution of the action.

2. ID.; ID.; MUNICIPAL COURT HAS JURISDICTION WHERE MAXIMUM IMPOSABLE PENALTY IS FINE OF NOT MORE THAN P3,000. — Under paragraph (c) of Section 87 of the Judiciary Act, as amended by Republic Act 3828 which took effect on June 22, 1963, offenses in which the penalty provided by law is a fine of not more than P3,000.00 falls within the original jurisdiction of the municipal court. As the maximum imposable penalty for the offense of damage to property thru reckless imprudence allegedly committed by appellant is a fine of three times the value or P2,671.47, the case is cognizable by the municipal court and not by the court of first instance.chanroblesvirtuallawlibrary


D E C I S I O N


BARRERA, J.:


Charged in an information filed on July 30, 1963 in the Court of First Instance of Manila, with the offense of damage to property through reckless imprudence, arising out of an accident that occurred on April 10, 1963, Jose Adolfo y Raymundo was found guilty and sentenced to pay to the offended party damages in the sum of P485.55, and a fine of P971.10, with subsidiary imprisonment in case of insolvency. The accused appealed to the Court of Appeals, questioning, among others, the jurisdiction of the Court of First Instance of Manila to pass upon the case, for the reason that, as it was alleged in the information that the amount of damage sustained by the offended party was P890.49, the maximum penalty imposable therefor, under Article 365, paragraph 3 of the Revised Penal Code, 1 is only fine in an amount not more than three times the value of the damage or not more than P2,671.47. However, under paragraph (c) of Section 87 of the Judiciary Act 2 as amended by Republic Act 3828 which took effect on June 22, 1963, offenses in which the penalty provided by law is a fine of not more than P3,000.00 falls within the original jurisdiction of the municipal court. It is thus contended that the trial court was without jurisdiction over the subject matter.chanrobles virtual lawlibrary

On this allegation, the Solicitor General tried to sustain the jurisdiction of the lower court by contending that the incident that gave rise to the suit occurred on April 10, 1963 whereas the amendatory provision invoked by appellant took effect only on June 22, 1963. As correctly commented on by the Court of Appeals, the jurisdiction of a court to try a criminal action is determined not by the law in force at the time of the commission of the offense, but by the law in force at the time of the institution of the action. 3 Consequently, as the maximum imposable penalty for the offense allegedly committed by appellant is a fine of three times the value of the damage to the property, or P2,671.47, 4 the case is cognizable by the municipal court and not by the court of first instance.

IN VIEW OF THE FOREGOING, the decision appealed from is hereby set aside, and the information filed therein is dismissed. Without costs. So ordered.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.

Endnotes:



1. "ARTICLE 365. Imprudence and negligence. —

x       x       x

"When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than 25 pesos." (Rev. Penal Code.)

2. "SECTION 87. Original jurisdiction to try criminal cases. — Justices of the peace and judges of municipal courts of chartered cities shall have original jurisdiction over: . . .

"(c) Except violations of election laws, all other offenses in which the penalty provided by law is imprisonment for not more than three years, or a fine of not more than three thousand pesos, or both such fine and imprisonment." (Rep. Act 296, as amended by Rep. Act 3828).

3. People vs Pegarum, 58 Phil. 715, cited in People v. Romualdo, G.R. No. L-3686, January 31, 1952.

4. Although it was alleged in the information that the damage sustained by the injured party was P890.49 the lower court found that it was actually only P485.55.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





March-1965 Jurisprudence                 

  • G.R. No. L-24022 March 3, 1965 - ILOILO PALAY AND CORN PLANTERS ASSO., INC., ET AL. v. JOSE Y. FELICIANO, ET AL.

  • G.R. No. L-16601 March 24, 1965 - SOLEDAD L. DE MIRAFLORES v. JOSE Y. HILADO, ET AL.

  • G.R. No. L-20509 March 24, 1965 - LESME BAQUILOD, ET AL. v. MARCELO M. BOBADILLA, ET AL.

  • G.R. No. L-18351 March 26, 1965 - CHOY KING TEE v. EMILIO L. GALANG

  • G.R. No. L-18753 March 26, 1965 - VICENTE B. TEOTICO v. ANA DEL VAL CHAN

  • G.R. No. L-18799 March 26, 1965 - JOSE F. FERNANDEZ, ET AL. v. HERMINIO MARAVILLA

  • G.R. No. L-18359 March 26, 1965 - CALIXTO DUQUE, ET AL. v. COURT OF FIRST INSTANCE OF MANILA, ET AL.

  • G.R. No. L-19582 March 26, 1965 - UY CHING HO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16773 March 30, 1965 - UP-TO-DATE SHIRT FACTORY v. SSS

  • G.R. No. L-19694 March 30, 1965 - IN RE: LEONIDAS S. TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20013 March 30, 1965 - IN RE: DALMACIO CHENG v. REPUBLIC OF THE PHIL.

  • A.C. No. 205 March 31, 1965 - CANDIDO SAN LUIS v. BENJAMIN B. PINEDA

  • G.R. No. L-13719 March 31, 1965 - FILEMON PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. L-14526 March 31, 1965 - ABOITIZ SHIPPING CORPORATION, ET AL. v. CITY OF CEBU, ET AL.

  • G.R. No. L-14678 March 31, 1965 - JUAN SERRANO v. FEDERICO MIAVE, ET AL.

  • G.R. No. L-16441 March 31, 1965 - ALFREDO BOLLOZOS v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-16744 March 31, 1965 - SIMPLICIO ALINSONORIN v. MATEO M. CANONOY, ET AL.

  • G.R. No. L-17798 March 31, 1965 - VICTORIAS MILLING CO., INC. v. CENTRAL BANK OF THE PHIL.

  • G.R. No. L-18536 March 31, 1965 - JOSE B. AZNAR v. RAFAEL YAPDIANGCO, ET AL.

  • G.R. No. L-18725 March 31, 1965 - JOSE MA. LEDESMA v. FELIX VILLASEÑOR

  • G.R. No. L-18761 March 31, 1965 - PEOPLE OF THE PHIL. v. AMIRIL ASMAWIL

  • G.R. No. L-19142 March 31, 1965 - PEOPLE OF THE PHIL. v. AGRECIO LUMAYAG

  • G.R. No. L-19482 March 31, 1965 - ZOSIMO D. UY v. JOSE R. ZAMORA, ET AL.

  • G.R. No. L-19868 March 31, 1965 - IGMIDIO CANOVAS v. BATANGAS TRANS. CO., ET AL.

  • G.R. Nos. L-20003-05 March 31, 1965 - DIRECTOR OF LANDS v. GAVINO SISICAN, ET AL.

  • G.R. No. L-20063 March 31, 1965 - PHIL. RESOURCES DEV. CORP. v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-20093 March 31, 1965 - CAPT. J. ANTONIO M. CARPIO, ET AL. v. MACARIO PERALTA, JR., ET AL.

  • G.R. No. L-20151 March 31, 1965 - IN RE: LEE NG LE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20305 March 31, 1965 - IN RE: ANG TEE YEE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-20455 March 31, 1965 - NAZARIO CATUIZA v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. L-20504 March 31, 1965 - NATIONAL DEV. CO. v. WORKMEN’S COMPENSATION COMM., ET AL.

  • G.R. No. L-20558 March 31, 1965 - IN RE: MELITON O. GO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-21076 March 31, 1965 - WONG WOO YIU v. MARTINIANO P. VIVO, ET AL.

  • G.R. No. L-21597 March 31, 1965 - PEOPLE OF THE PHIL. v. LEANDRO C. MONTE

  • G.R. No. L-22354 March 31, 1965 - KWOK KAM LIEN, ET AL. v. MARTINIANO P. VIVO

  • G.R. No. L-22537 March 31, 1965 - EUSEBIO TAÑALA v. MARIANO LEGASPI, ET AL.

  • G.R. No. L-22779 March 31, 1965 - HADJI LOMONTOD MACASUNDIG v. DIRUGUNGUN MACALANGAN

  • G.R. No. L-23537 March 31, 1965 - ASSOCIATED LABOR UNION, ET AL. v. MODESTO R. RAMOLETE, ET AL.

  • G.R. No. L-23721 March 31, 1965 - R. MARINO CORPUS v. MIGUEL CUADERNO, SR., ET AL.

  • G.R. No. L-24191 March 31, 1965 - PEOPLE OF THE PHIL. v. JOSE R. ADOLFO

  • G.R. No. L-20063 March 31, 1965 - PHIL. RESOURCES DEV. CORP. v. REPUBLIC OF THE PHIL., ET AL.