Title
Bacar vs. Tordecillas
Case
G.R. No. 14486
Decision Date
Nov 19, 1918
A 1918 adultery case dismissed for insufficient evidence was refiled in a different municipality. The Supreme Court ruled the second justice of peace lacked jurisdiction, as the original justice was qualified and able to act.
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Case Digest (G.R. No. 14486)

Facts:

Context of the Complaint:

  • On April 9, 1918, Juan Dominguez filed a complaint against Maria Concejo Bacar and Pascual Magbanua in the court of the justice of the peace of the municipality of San Jose, accusing them of adultery.
  • The petitioners were arrested, and a preliminary examination was held on April 29, 1918.
  • The justice of peace dismissed the case due to insufficient evidence.

Subsequent Complaint and Arrest:

  • On May 14, 1918, Juan Dominguez filed another complaint for adultery against the petitioners in the court of the justice of the peace of the municipality of Sibalom.
  • The petitioners were arrested and brought before the justice of peace of Sibalom on May 18, 1918 for a preliminary examination.

Jurisdiction Objection:

  • The petitioners objected to the jurisdiction of the justice of peace of Sibalom, arguing that the alleged crime was not committed within the municipality of Sibalom.
  • The justice of peace, Nicolas Tordecillas, overruled the objection on May 24, 1918 and set the case for hearing on May 28, 1918.

Respondent’s Defense:

  • Nicolas Tordecillas claimed jurisdiction based on an order issued by Judge Norberto Romualdez on May 6, 1918, authorizing him to conduct the preliminary investigation.
  • He also relied on Section 211 of the Administrative Code of 1917, which allows a justice of peace from one municipality to act in another under specific conditions.

Issue:

  • (Unlock)

Ruling:

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Ratio:

The Court held that under Section 211 of the Administrative Code of 1917, a judge of the district may designate a justice of peace from another municipality to act only if:

  1. The regular justice of peace and auxiliary justice of peace are disqualified or unable to perform their duties.
  2. The office of the justice of peace is vacant, the justice of peace is absent, disabled, disqualified, resigns, or is dead.
    In this case, the record did not show that the regular justice of peace of San Jose or the auxiliary justice of peace were disqualified or unable to act. Since the justice of peace of San Jose was qualified and had acted in the initial dismissal of the case, Judge Romualdez lacked authority to appoint Tordecillas to act in their stead. Thus, Tordecillas had no jurisdiction to hear the complaint.


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