Facts:

Quirico Alimajen (petitioner-appellant) was charged with qualified theft in a complaint filed on December 14, 1957, before the Justice of the Peace Court of Barotac Nuevo, Iloilo, by the Chief of Police. After being arrested pursuant to a warrant issued by the court, he was released upon the approval of his bail bond. On December 23, 1957, Alimajen filed a motion waiving his right to a preliminary investigation and requested that the case be certified to the Court of First Instance of Iloilo for trial on its merits. The Justice of the Peace Court denied this motion, asserting it had already acquired original jurisdiction over the case. A subsequent motion for reconsideration filed by the defense was also denied. Consequently, Alimajen petitioned the Court of First Instance of Iloilo for a writ of preliminary injunction and prohibition against the

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Facts:

Background of the Case

• Petitioner-appellant Quirico Alimajen was charged with the crime of qualified theft in Criminal Case No. 305.
• The complaint was filed by the Chief of Police of Barotac Nuevo, Iloilo before the Justice of the Peace Court.
• The charge arose from an incident involving a theft committing circumstances, with an amount involved amounting to only P183.30.

Procedural History

• After his arrest via a warrant issued by the Justice of the Peace Court, the accused was released on bail following an approved application for a bail bond dated December 14, 1957.
• On December 23, 1957, Alimajen filed a motion in the Justice of the Peace Court waiving his right to a preliminary investigation.
• In his motion, he requested that the case be certified instead to the Court of First Instance of Iloilo for trial on the merits.
• The Justice of the Peace Court denied the motion on the ground that it had already acquired original jurisdiction over the criminal case.
• Subsequently, following the denial, the accused filed a motion for reconsideration with the Justice of the Peace Court, which was likewise denied.
• Thereafter, Alimajen filed with the Court of First Instance of Iloilo a petition for a writ of preliminary injunction and prohibition against the respondent Justice of the Peace.
• On February 19, 1958, the petition for the writ was dismissed for lack of merit, prompting the current appeal.

Jurisdictional Context

• The case involves concurrent jurisdiction between the Justice of the Peace Court and the Court of First Instance of Iloilo as provided by section 87, subsection (c), No. 3 of the Judiciary Act of 1948 (Rep. Act 296).
• The concurrent jurisdiction was predicated on the relatively small amount involved in the criminal charge.

Issue:

• Whether the respondent Justice of the Peace erred in refusing to forward the criminal case to the Court of First Instance of Iloilo despite the appellant's waiver of his right to a preliminary investigation.
• Whether the waiver of the right to preliminary investigation by the accused implied that the complaint was filed solely for the purpose of such investigation, thereby warranting certification to the higher court.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)