Case Digest (G.R. No. L-6120)
Facts:
In Cipriano P. Primicias vs. Felicisimo Ocampo and Eugenio Angeles (93 Phil. 446, June 30, 1953), the petitioner, then accused in the Court of First Instance of Manila, faced two criminal charges: (1) violation of Commonwealth Act No. 606 (Crim. Case No. 18374) for chartering a Philippine–registered vessel to an alien without Presidential approval, and (2) violation of Section 129 in relation to Section 2713 of the Revised Administrative Code (Crim. Case No. 18375) for failing to submit shipping manifests and secure customs clearance before departure. On April 23, 1952, Primicias moved for the appointment of assessors under Section 49 of Republic Act No. 409 (the Revised Charter of the City of Manila), but the City Fiscal opposed. On April 28, 1952, the trial court denied the motion, ruling that the 1940 Rules of Court—promulgated under Article VIII, Section 13 of the 1935 Constitution—had superseded all prior procedural statutes, including those on assessors, and rendered SectiCase Digest (G.R. No. L-6120)
Facts:
- Procedural Posture
- Petitioner Cipriano P. Primicias was charged before the Court of First Instance of Manila with two criminal offenses:
- Violation of Commonwealth Act No. 606 for chartering a Philippine-registered vessel to an alien without Presidential approval (Crim. Case No. 18374).
- Violation of Revised Administrative Code §§129, 2713 for failure to submit customs documents and clearances for the vessel “Antarctic” (Crim. Case No. 18375).
- On April 23, 1952, petitioner moved for the appointment of assessors under §49 of R.A. No. 409 (Revised Charter of Manila), invoking §154 of Act No. 190 (Code of Civil Procedure).
- The City Fiscal opposed; on April 28, 1952, the trial court denied the motion, holding that the Supreme Court’s Rules of Court (effective July 1, 1940) had repealed assessor provisions.
- Legislative and Constitutional Background
- Early assessor provisions:
- Act No. 190 (Code of Civil Procedure, 1901) §§58–62, 154–161 (civil assessors).
- Act No. 267 (Oct. 17, 1901) Amending Manila Charter (civil and criminal assessors).
- Extensions of assessor trial:
- Act No. 2369 (1914) in provincial Courts of First Instance (criminal assessors).
- Act No. 2520 (1915) in Mindanao and Sulu courts.
- Charter reenactments in Manila:
- Administrative Code 1916 §2449 (from Act No. 183 as amended).
- Revised Administrative Code §2477 (1917).
- R.A. No. 409 §49 (1949) preserving assessor aid “in the manner provided in the Code of Civil Procedure.”
Issues:
- Whether the right to trial with assessors under R.A. No. 409 §49 is a substantive right, mandatory and not subject to repeal by the Rules of Court.
- Whether the Supreme Court’s failure to include assessor provisions in the 1940 Rules of Court impliedly repealed those provisions.
- Whether R.A. No. 409’s reference to the Code of Civil Procedure re-enacts assessor provisions despite the Rules of Court.
- Whether §49 of R.A. No. 409 violates the constitutional uniformity clause for courts of the same grade or constitutes class legislation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)