Case Digest (G.R. No. L-16883)
Facts:
Demetrio B. Encarnacion v. Jose L. Baltazar and Union C. Kayanan, G.R. No. L-16883. March 27, 1961, the Supreme Court En Banc, Barrera, J., writing for the Court.On December 18, 1958, Union C. Kayanan, Provincial Fiscal of Pampanga, filed an information in the Court of First Instance of Pampanga (Criminal Case No. 3477) charging Demetrio B. Encarnacion with the crime of serious slander by deed under Article 359 of the Revised Penal Code, alleging that on December 17, 1958 Encarnacion struck one Amando M. Dizon in the Provincial Fiscal’s office while Dizon was testifying in a preliminary investigation. The Court of First Instance issued an arrest warrant, set bail, and after bond was posted ordered Encarnacion’s provisional release.
On August 3, 1959, petitioner Encarnacion moved in the Court of First Instance to quash the information, contending the facts did not constitute slander by deed and that the trial court lacked jurisdiction. On August 17, 1959 the Court of First Instance remanded the case to the Justice of the Peace of San Fernando for resolution of the motion to quash, trial and judgment, citing Section 87 of the Judiciary Act of 1948 as amended by Republic Act No. 2613. The records were received by the Justice of the Peace Court on August 20, 1959.
The Justice of the Peace of San Fernando set hearings on the motion to quash, which were postponed several times at petitioner’s request and finally heard on November 21, 1959; after oral argument the court reserved its decision and on December 28, 1959 denied the motion to quash. Petitioner filed a motion for reconsideration on February 8, 1960 and, on March 3, 1960, a separate motion that the Justice of the Peace declare itself without jurisdiction on the ground that the Court of First Instance originally instituted the case and had thereby acquired exclusive jurisdiction. By order of March 12, 1960 the Justice of the Peace denied both motions, reasoning that the Court of First Instance had properly assigned the case under Section 87(c) of the Judiciary Act as then in force.
Petitioner filed a petition for certiorari with a prayer for preliminary injunction in t...(Subscriber-Only)
Issues:
- Did the Justice of the Peace of San Fernando have jurisdiction to try Criminal Case No. 3477?
- Was the Court of First Instance’s assignment of the case to the Justice of the Peace valid after Section 87(c) of the Judiciary Act was amended by Republic Act No. 2613?
- Is petitioner entitled to certiorari relief and a permanent injunction directing return of the records...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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