Case Digest (G.R. No. L-24671)
Facts:
Feliculo Israel v. Hon. Numeriano G. Estenzo and the Office of the City Fiscal, Ormoc City, G.R. No. L-24671, June 30, 1965, the Supreme Court, Makalintal, J., writing for the Court.Petitioner Feliculo Israel was subjected to a special proceeding (No. 727-0) filed in the Court of First Instance of Leyte by the Office of the City Fiscal, Ormoc City, seeking to cite him and others for indirect contempt for refusing to receive and comply with a subpoena issued during an investigation the City Fiscal was conducting. The contempt citation was prosecuted in the Court of First Instance by the respondent judge.
Petitioner moved to dismiss the contempt proceeding on the ground that the alleged contempt was criminal in nature, punishable by imprisonment of not more than six months or a fine not exceeding P1,000, and therefore fell within the original jurisdiction of the City Court of Ormoc pursuant to Section 87 of the Judiciary Act, as amended by Republic Acts Nos. 2613 and 3828. The respondent Judge of the Court of First Instance denied the motion to dismiss and also denied petitioner's motion for reconsideration.
Petitioner then filed a petition for certiorari with a preliminary injunction before the Supreme Court, assailing the denial by the trial judge and contending that the Court of First Instanc...(Pro-only)
Issues:
- Whether the contempt charged against petitioner is a criminal offense within the meaning of Section 87 of the Judiciary Act (as amended) such that the municipal/city court has original jurisdiction.
- Whether the procedure employed by the City Fiscal—issuing subpoenas and seeking enforcement in the Court of First Instance—was proper un...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)