A.C. No. 11616 - Buenviaje vs. Magdamo

PEOPLE OF THE PHILIPPINES filed a Petition for Certiorari seeking review of an Order of the Court of First Instance of Bulacan, Branch V.
HERMOGENES MARIANO was the accused in Criminal Case No. SM-649 before the Court of First Instance of Bulacan.
HON. AMBROSIO M. GERALDEZ, IN HIS CAPACITY AS PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF BULACAN, BRANCH V, issued the Order granting the motion to quash the Information.
The Petition for Review was filed by Assistant Provincial Fiscal Clemente G. Perfecto; the Solicitor General filed a memorandum in support; respondent Mariano did not answer.

The Information, filed December 18, 1974, charged estafa against Mariano for acts committed between May 11 and June 8, 1971 in San Jose del Monte, Bulacan.
Mariano was alleged to have been appointed Liaison Officer by Municipal Mayor Constantino Nolasco and authorized to receive US excess property of USAID/NEC for the municipality.
The items allegedly received were three cables totaling $717.50 or P4,797.35.
The Information alleged Mariano willfully, unlawfully, and feloniously misappropriated, misapplied and converted the items to his own use to the damage of USAID/NEC in the amount of $717.50 or P4,797.35.

On February 19, 1975 Mariano, through counsel, moved to quash the Information on three grounds: lack of jurisdiction over the offense or person, extinction of criminal liability, and legal excuse or justification.
Mariano asserted the same items formed the subject of an indictment and conviction of Mayor Constantino A. Nolasco before a Military Commission for malversation of public property.
The Military Commission had found Mayor Nolasco guilty and sentenced him to imprisonment at hard labor for ten years and one day to fourteen years and eight months, perpetual disqualification, and a fine of P19,646.15.
On March 14, 1975 respondent Judge Geraldez granted the motion to quash solely on the ground that the Military Commission had already taken cognizance of the malversation case involving the same subject matter and, in his view, the Court of First Instance thereby lost jurisdiction to pass upon the same subject matter anew; t...(Subscriber-Only)

Whether the Court of First Instance of Bulacan had jurisdiction to try the estafa Information filed against HERMOGENES MARIANO on December 18, 1974.

Subsidiary questions of concurrent jurisdiction and effect of military proceedings

Whether a Military Commission's prior taking of cognizance of a malversation charge involving the same subject matter divested the Court of First Instance of jurisdiction over a separate estafa charge against a different accused.
Whether General Order No. 49 and sub...(Subscriber-Only)