Case Digest (G.R. No. L-20721)
Facts:
People of the Philippines v. Martin Alagao, et al., G.R. No. L-20721. April 30, 1966, the Supreme Court En Banc, Zaldivar, J., writing for the Court.
The City Fiscal of Manila (plaintiff-appellant) filed an information on October 20, 1962 charging several members of the Manila Police Department (defendants-appellees) with the complex crime of “incriminatory machinations thru unlawful arrest.” The information alleged that on February 28, 1961 the accused, without reasonable ground and for the purpose of delivering Marcial Apolonio y Santos to proper authorities, willfully and unlawfully arrested him, and while supposedly investigating him placed or commingled a marked P1.00 bill with the money taken from him so that he would appear to have agreed to accept a bribe in connection with his duties.
On October 25, 1962 the defendants moved to quash the information, arguing (1) the facts charged do not constitute an offense and (2) the court trying the case had no jurisdiction; a supplemental motion alleged that more than one offense was charged. The City Fiscal opposed, asserting the facts allege a complex crime (unlawful arrest used as a means for incriminatory machinations) and that jurisdiction in the Court of First Instance was proper because the punishments involved included arresto mayor and fines.
On November 9, 1962 the Court of First Instance of Manila sustained the motion to quash and dismissed the information without prejudice, holding that unlawful arrest and incriminatory machinations were separate, independent offenses (the planting of evidence allegedly occurred “long after” the arrest) and that incriminatory machinations did not f...(Subscriber-Only)
Issues:
- Did the information allege the complex crime of incriminatory machinations through unlawful arrest?
- Did the Court of First Instance have jurisdiction to try the offense...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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