Case Digest (G.R. No. L-17616)
Facts:
People of the Philippines v. Felipe Abuy, G.R. No. L-17616, May 30, 1962, Supreme Court, Barrera, J., writing for the Court. The plaintiff-appellant is the People of the Philippines; the defendant-appellee is Felipe Abuy.On April 1, 1959, Abuy was charged in the Municipal Court of Zamboanga City with trespass to dwelling (Crim. Case No. 6751) for acts alleged to have occurred on February 21, 1959. He pleaded not guilty and the trial proceeded. When trial continued on November 5, 1959, the prosecuting officer moved to dismiss the trespass information on the ground that the evidence so far presented would not sustain a conviction; the municipal court granted the motion, ordered acquittal, and cancelled bail.
Subsequently, on November 13, 1959, the same municipal court received an information (Crim. Case No. 7201) charging Abuy with unjust vexation (allegedly committed on February 21, 1959 against Nicolasa/Michaela B. de Magadia). On November 19, 1959, Abuy moved to quash the unjust vexation information on the ground of prescription. The prosecution opposed the motion. On May 14, 1960, the municipal court granted the motion to quash, holding that unjust vexation had prescribed under the Revised Penal Code and dismissing Criminal Case No. 7201 with costs de officio.
The City Attorney appealed to the Court of First Instance of Zamboanga City...(Subscriber-Only)
Issues:
- Did the Municipal Court properly grant the motion to quash Criminal Case No. 7201 on the ground that the offense of unjust vexation had prescribed?
- Should the municipal court, instead of discharging the accused, have committed him to answer for the proper offense where the first information was allegedl...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)