Case Digest (G.R. No. L-38308)
Facts:
Milagros Donio-Teves and Manuel Moreno v. Hon. Cipriano Vamenta, Jr., et al., G.R. No. L-38308, December 26, 1984, Supreme Court Second Division, Cuevas, J., writing for the Court. Petitioners Milagros Donio-Teves and Manuel Moreno were charged with the crime of adultery in Criminal Case No. 1097 before the then Court of First Instance (Branch III), presided over by respondent Judge Cipriano Vamenta, Jr. The criminal proceedings originated from a letter-complaint dated July 13, 1972, thumbmarked and sworn by complainant Julian L. Teves before respondent City Fiscal Pablo E. Cabahug, with affidavits of witnesses attached.The City Fiscal conducted a preliminary investigation in which Julian Teves testified and identified his wife, Milagros. Petitioners moved to dismiss for lack of a proper complaint; the City Fiscal denied the motion and set further investigation dates. Julian Teves filed another letter-complaint dated January 16, 1973, this time attaching his affidavit. The preliminary investigation was continued and ultimately an information (with a thumbmarked complaint) was filed with the Court of First Instance on March 26, 1973, docketed as Criminal Case No. 1097.
On September 28, 1973 petitioner Milagros filed a Motion to Quash before the trial court contesting its jurisdiction and the fiscal’s authority to file the information; petitioner Moreno formally adopted the motion. The trial court denied the Motion to Quash by order dated December 3, 1973, and denied reconsideration on January 14, 1974. Arraignment was set for March 1974. Petitioners then filed a petition for certiorari, prohibition and mandamus with preliminary injunction seeking annulment of the fiscal proceedings, the trial...(Subscriber-Only)
Issues:
- Was there a valid complaint such that the City Fiscal and the trial court acquired jurisdiction over the persons and the offense charged?
- Does the death of the offended party during pendency of the prosecution extinguish the criminal action for a private crim...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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