Facts:
People of the Philippines filed an information on July 25, 1986 with the
Regional Trial Court of Cabagan, Isabela, Branch 22 upon complaint of
Alma T. Aggabao, charging
Elvino Aggabao and
Villa Suratos with the crime of concubinage allegedly committed in September 1983. The private respondents were arraigned and pleaded not guilty, and the complainant was represented by a private prosecutor. During trial the private respondents moved to dismiss for lack of jurisdiction on the ground that concubinage, as defined in
Art. 334, Revised Penal Code (RPC), is punishable by prision correccional in its minimum and medium periods and therefore falls within the exclusive original jurisdiction of the municipal and other inferior courts. The prosecution opposed, contending that the concubine’s penalty of
destierro had a duration of six (6) months and one (1) day to six (6) years under
Art. 27, RPC, which placed the offense beyond the inferior courts’ jurisdiction. The trial court granted the motion and dismissed the information for lack of jurisdiction. The private prosecutor and the assistant provincial prosecutor of Ilagan, Isabela filed a petition with this Court on June 16, 1989 to assail the dismissal; this Court initially denied the petition on July 17, 1989 for late payment of fees and lack of merit, but the Solicitor General subsequently filed a motion for reconsideration and the private prosecutor filed a separate motion for reconsideration, whereupon the Court resolved to decide the issues on the merits.
Issues:
May private respondents be estopped from raising lack of jurisdiction after the prosecution rested and trial proceeded? Was the dismissal of the information proper because the
Regional Trial Court lacked original jurisdiction over the crime of concubinage?
Ruling:
Ratio:
Doctrine: