Case Digest (G.R. No. L-40527) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Hermogenes Mariano and Hon. Ambrosio M. Geraldez, in his capacity as Presiding Judge of the Court of First Instance of Bulacan, Branch V (G.R. No. L-40527, June 30, 1976), the Provincial Fiscal of Bulacan filed on December 18, 1974 an Information for estafa against Hermogenes Mariano. Mariano, appointed Liaison Officer by Mayor Constantino Nolasco of San Jose del Monte, Bulacan, was entrusted between May 11 and June 8, 1971 with USAID/NEC surplus property consisting of electrical and power cables valued at ₱4,797.35. Despite repeated demands to deliver these items to the Municipal Mayor, Mariano allegedly converted them for personal use. On February 19, 1975, Mariano moved to quash the Information on grounds of lack of jurisdiction, extinguished liability, and legal excuse, arguing that the same property had formed the subject of a malversation case against Mayor Nolasco before a Military Commission, which had already rendered judgment. On March 1 Case Digest (G.R. No. L-40527) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Factual Background
- On May 11 to June 8, 1971, Hermogenes Mariano, as Liaison Officer for San Jose del Monte, Bulacan, received USAID/NEC excess property consisting of electrical cables valued at ₱4,797.35.
- Mariano was charged with estafa for allegedly misappropriating and converting the cables to his personal use despite repeated demands for delivery to the Municipal Mayor.
- Procedural History
- December 18, 1974: Provincial Fiscal filed Information (Criminal Case No. SM-649) in the Court of First Instance (CFI) of Bulacan.
- February 19, 1975: Mariano moved to quash the Information, alleging lack of jurisdiction, extinguished liability, and legal excuse.
- March 14, 1975: Respondent CFI Judge granted the motion to quash, holding that a Military Commission had first taken cognizance of a related malversation case against Mayor Nolasco involving the same property.
- The People filed a petition for certiorari seeking review of the quashal order, raising the question of the CFI’s jurisdiction over the estafa charge.
Issues:
- Whether the Court of First Instance has jurisdiction to hear and try the estafa charge against Hermogenes Mariano.
- Whether prior cognizance and decision by a Military Commission on malversation deprive the CFI of jurisdiction over the estafa case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)