Facts:

Pedro Acharon, the petitioner and appellant, filed a case against Fidel P. Purisima and other respondents, alleging a violation concerning the jurisdiction of the Municipal Court of General Santos, Cotabato. The dispute arose from four separate informations accusing Acharon of violating Commonwealth Act No. 303, with preliminary investigations scheduled for April 28, 1962. In response to these charges, Acharon filed a motion to quash the informations, arguing that the administrative remedies detailed in the Minimum Wage Law had not been exhausted and that a certification from the Secretary of Labor, required for filing a criminal action under Commonwealth Act No. 303, was not obtained. The Municipal Court denied his motion, and subsequent attempts at reconsideration were unsuccessful. Consequently, Acharon filed a petition for certiorari, alleging grave abuse of discretion and lack of jurisdiction on the part of the Municipal Court. The Court of First Instance of Cotabato accept

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Facts:

Background of the Case

• Pedro Acharon, petitioner and appellant, sought to restrain the Municipal Judge of General Santos, Cotabato, from trying certain criminal cases against him for a violation of Commonwealth Act No. 303.
• The criminal cases arose from four separate informations filed before the Municipal Court of General Santos, which were set for preliminary investigation on April 28, 1962.

Pre-Petition Proceedings

• Prior to the preliminary investigation, Acharon filed a motion to quash the charges on two grounds:
• The administrative remedies provided under the Minimum Wage Law had not been exhausted as a condition precedent for a criminal action under Commonwealth Act No. 303.
• The necessary certification from the Secretary of Labor—required as a prerequisite for proceeding under the same Act—had not been obtained.
• The Municipal Court denied the motion to quash, and Acharon’s subsequent motion for reconsideration was also disregarded.

Filing of the Petition for Certiorari

• Following the denial of his motions, Acharon filed a petition for certiorari before the Court of First Instance of Cotabato, alleging a lack of jurisdiction and grave abuse of discretion on the part of the Municipal Court.
• During the course of the proceedings, respondents submitted their answer justifying the action taken by the Municipal Court.
• The court set the case for hearing and allowed respondents to submit a memorandum on their behalf.

Dismissal of the Petition for Certiorari

• The Court of First Instance dismissed Acharon’s petition on the ground that his petition failed to incorporate the criminal complaint (information) and the order denying his motion to quash.
• The court explained that, without these essential pleadings, it was impossible to ascertain the alleged facts constituting the lack of jurisdiction and grave abuse of discretion.
• Essentially, the court stated that due to Acharon’s omission, it could not render a decision on the merits of his allegations.

The Present Appeal and Request for Injunction

• Following the dismissal, Acharon filed the present appeal, petitioning for a preliminary injunction to enjoin the Municipal Court of General Santos from proceeding with the criminal cases pending the resolution of his appeal.
• His appeal essentially challenges the procedure he adopted, arguing that the criminal cases should be put on hold during the pendency of his appeal.

Issue:

Procedural Defect in Filing the Petition

• Did the petitioner’s failure to incorporate the criminal complaint (information) and the order denying his motion to quash render his petition for certiorari defective?
• Was the remedy of filing a petition for certiorari appropriate given the technical and procedural defects in his initial filings?

Appropriateness of Seeking a Preliminary Injunction

• Is it proper to enjoin the Municipal Court from proceeding with the criminal cases pending the resolution of the appeal?
• Does the petitioner have an alternative course of action that is more in line with established legal procedures?

Corrective Measures Available to the Petitioner

• Should Acharon have filed a motion for reconsideration, furnishing the necessary pleadings, rather than resorting to certiorari?
• Does the law permit the filing of a petition for certiorari in place of following the usual course of trial and appeals?

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)