Case Digest (G.R. No. L-13428)
Facts:
- The case involves Yao Lit (also known as Yao Dit) and Hon. A. M. Geraldez.
- Incident occurred on August 15, 1957, when Yao Lit was arrested by Manila Police at Salazar and Benavides streets.
- Police found a Chinese jueteng list in Yao Lit's possession and he failed to present his alien certificate of registration.
- The Office of the City Fiscal filed two complaints against him: one for violating the Gambling Law and another for violating Section 7 of Republic Act 562 in the Municipal Court of Manila.
- On September 25, 1957, Yao Lit filed a motion to quash the second complaint, claiming lack of jurisdiction and authority of the City Fiscal.
- Judge A. M. Geraldez denied the motion to quash and a subsequent motion for reconsideration.
- Yao Lit then sought relief from the Court of First Instance of Manila through a petition for certiorari with an injunction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the decision of the Court of First Instance of Manila, granting Yao Lit's petition for certiorari with injunction.
- The Court ruled that the motion to quash should have been granted, as the City Fiscal acted beyond hi...(Unlock)
Ratio:
- The ruling was based on the interpretation of Republic Act No. 562, particularly Section 7, as amended by Republic Act No. 751.
- The amendment required the Commissioner of Immigration to first decide whether to impose an administrative fine or initiate criminal prosecution against an alien for registration law violations.
- The City Fiscal could not proceed with prosecution until the Commissioner made a determina...continue reading
Case Digest (G.R. No. L-13428)
Facts:
The case of Yao Lit (also known as Yao Dit) vs. Hon. A. M. Geraldez, et al. arose from an incident that occurred on August 15, 1957, when Yao Lit was arrested by members of the Manila Police Department at the intersection of Salazar and Benavides streets in Manila. The police found him acting suspiciously and discovered a Chinese jueteng list in his possession. During the arrest, Yao Lit was asked to present his alien certificate of registration, which he failed to produce. Consequently, the Office of the City Fiscal filed two complaints against him: one for violating the Gambling Law under Article 195 (c) of the Revised Penal Code in the Court of First Instance of Manila, and another for violating Section 7 of Republic Act 562, as amended, in the Municipal Court of Manila. On September 25, 1957, Yao Lit filed a motion to quash the second complaint in the Municipal Court, arguing that the court lacked jurisdiction over the offense and that the City Fiscal had no authority to file the complaint. The respondent Judge, A. M. Geraldez, denied the motion to quash and also denied a subsequent motion for reconsideration. Dissatisfied with these rulings, Yao Lit sought relief from the Court of First Instance of Manila by filing a petition for certiorari with an injunction, aiming to annul the or...