Title
Lumpay vs. Moscoso
Case
G.R. No. L-14723
Decision Date
May 29, 1959
In the case of Lumpay v. Moscoso, the court ruled that a case filed before one branch of the Court of First Instance in Leyte can be transferred to another branch, as each branch is part of one court and jurisdiction is vested in the court, not in the judges.
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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

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