Case Digest (G.R. No. 171717)
Facts:
On October 17, 1967, an assistant provincial fiscal filed a criminal complaint against Federico Ragasi in the Court of First Instance of Lanao del Norte, charging him with damage to public property. The complaint alleged that Ragasi, using a truck, maliciously damaged the bridge located in Barrio Titunod, Kolambugan, Lanao del Norte. The estimated damage to government property was valued at P24,912.18, which classified the offense as a special case of malicious mischief. Under Article 328 of the Revised Penal Code, such an act is punishable by imprisonment for a minimum of six months to a maximum of four years and two months if the damage caused exceeds one thousand pesos. Before arraignment could occur, Ragasi filed a motion to quash the information on grounds of lack of jurisdiction. The lower court granted this motion, assertCase Digest (G.R. No. 171717)
Facts:
On October 17, 1967, an assistant provincial fiscal charged Federico Ragasi in the Court of First Instance of Lanao del Norte with the crime of damage to public property. The information alleged that Ragasi, by means of a truck, maliciously damaged the bridge at Barrio Titunod, Kolambugan, Lanao del Norte. The damage was appraised at ₱24,912.18. This offense is classified as a special case of malicious mischief, penalized under Article 328 of the Revised Penal Code. The law provides that if the damage caused exceeds ₱1,000, the penalty is prision correccional minimum and medium or imprisonment ranging from six months and one day up to four years and two months. Prior to arraignment, Ragasi filed a motion to quash the information on the ground of lack of jurisdiction. Although the fiscal opposed, the trial court granted the motion asserting that the offense fell within the exclusive original jurisdiction of the municipal court of Kolambugan. The fiscal later appealed this decision.Issues:
The primary issue is whether the offense of malicious mischief, given that the penalty exceeds imprisonment for six months, falls solely under the exclusive jurisdiction of the municipal court of Kolambugan or whether it falls under the original concurrent jurisdiction of both the municipal court and the Court of First Instance.Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)