Case Digest (G.R. No. L-14723)
Facts:
- In Lumpay v. Moscoso, G.R. No. L-14723, decided on May 29, 1959, petitioners Norberto Lumpay and co-defendants faced serious charges including robbery in band, double homicide, frustrated homicide, and less serious physical injuries.
- The complaint was filed on April 25, 1958, in the Justice of the Peace Court of Tunga, Leyte.
- On June 18, 1958, the provincial fiscal requested the Secretary of Justice to transfer the case to the Tacloban branch of the Court of First Instance due to concerns about witness intimidation linked to the defendants' family ties in Tunga.
- The Secretary of Justice approved the transfer, and the case was subsequently filed in Tacloban.
- On July 2, 1958, the defense counsel obtained a telegraphic order from the Secretary of Justice to return the case to Carigara, which Executive Judge Segundo C. Moscoso complied with.
- The fiscal and private prosecutors opposed this action, leading to a hearing.
- The court concluded that Administrative Order No. 175 was valid for administrative purposes but did not grant exclusive jurisdiction to any specific branch, affirming concurrent jurisdiction among all branches of the Court of First Instance of Leyte.
- The petitioners sought a writ of certiorari, prohibition, and mandamus, claiming the court acted with grave abuse of discretion by refusing to transfer the case back to Carigara.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the petitioners, stating that the lower court erred in not complying with the administrative order to transfer the case to Carigara.
- The Court emphasized that jurisdiction is vested in the court as a whole, not in individual branches or judges.
- The order of the lowe...(Unlock)
Ratio:
- The Supreme Court's reasoning focused on the interpretation of jurisdiction and the administrative structure of the Court of First Instance.
- It clarified that the branches of the Court of First Instance...continue reading
Case Digest (G.R. No. L-14723)
Facts:
In the case of Lumpay v. Moscoso, G.R. No. L-14723, decided on May 29, 1959, the petitioners, Norberto Lumpay and several co-defendants, faced serious criminal charges, including robbery in band, double homicide, frustrated homicide, and less serious physical injuries. The complaint was initiated on April 25, 1958, in the Justice of the Peace Court of Tunga, Leyte. On June 18, 1958, the provincial fiscal sought permission from the Secretary of Justice to transfer the case to the Tacloban branch of the Court of First Instance, citing concerns about potential witness intimidation due to the defendants' familial ties in Tunga. The Secretary of Justice approved this request, and the case was subsequently filed in Tacloban. However, on July 2, 1958, the defense counsel obtained a telegraphic order from the Secretary of Justice directing the case's return to Carigara, which the Executive Judge, Segundo C. Moscoso, complied with. This action was met with opposition from the fiscal and private prosecutors, leading to a hearing. The court concluded that while Administrative Order No. 175 was valid for administrative purposes, it did not grant exclusive jurisdiction to any specific branch, affirming that all branches of the Court of First Instance of Leyte held concurrent jurisdiction over cases filed therein. The petitioners then so...