G.R. No. L-40527 - People vs. Mariano

Case Summary (G.R. No. L-40527)

Factual Background

The Provincial Fiscal of Bulacan filed Criminal Case No. SM-649 on December 18, 1974, charging Hermogenes Mariano with estafa for allegedly misappropriating cables and electrical materials delivered to him as Liaison Officer of the Municipality of San Jose del Monte, Bulacan, for USAID/NEC. The Information itemized three cable consignments with an aggregate value of $717.50 or P4,797.35 and alleged conversion of those items to Mariano’s personal use in breach of his duty to deliver them to the Municipal Mayor. Separately, Mayor Constantino A. Nolasco had been indicted and tried before a Military Commission for malversation concerning the same subject matter and had been found guilty and sentenced to imprisonment, perpetual disqualification, and a fine.

Trial Court Proceedings

On February 19, 1975, Hermogenes Mariano moved to quash the Information on three grounds, the primary ground being lack of jurisdiction because the subject properties had been the subject of proceedings before a Military Commission which had already decided the case against Mayor Nolasco. On March 14, 1975, Hon. Ambrosio M. Geraldez, presiding judge of the Court of First Instance of Bulacan, granted the motion to quash solely on the ground that the Military Commission had taken cognizance of the malversation case involving the same subject matter and had heard and decided it, and therefore the court was without jurisdiction to pass anew upon the same subject matter. The trial court did not rule on the other grounds in the motion to quash.

The Parties' Contentions

The Provincial Fiscal sought review by the Supreme Court, asserting that the Court of First Instance retained original jurisdiction over the estafa charge. The Solicitor General supported the petition and emphasized that jurisdiction is determined by statute in force at the time the action is commenced. Mariano argued that the civil court lost jurisdiction because the Military Commission had previously tried and decided the matter in the malversation case against Mayor Nolasco. The record reflected that Mariano did not answer the petition to the Supreme Court nor file a memorandum, while the Solicitor General filed a supporting memorandum on May 28, 1976.

Issues Presented

The dispositive issue was whether the civil courts and Military Commissions exercised concurrent jurisdiction over the offense of estafa involving goods valued at not more than six thousand pesos when the accused was a civilian, and consequently whether the Court of First Instance lost jurisdiction over Criminal Case No. SM-649 by reason of the prior proceedings before the Military Commission.

Ruling of the Supreme Court

The Court set aside the appealed Order of March 14, 1975 and directed the respondent judge to proceed with the trial of Criminal Case No. SM-649 without further delay. The Court held that the Court of First Instance had original jurisdiction over the estafa charge as conferred by SEC. 44(f) of the Judiciary Act of 1948, and that the Military Commission did not possess jurisdiction to try the offense of estafa as charged against Mariano at the time the Information was filed.

Legal Basis and Reasoning

The Court began from fundamental principles defining jurisdiction as the power given by law to a tribunal to entertain, hear, and determine controversies. The Court reaffirmed that jurisdiction of a court is determined by the statute in force at the time of the commencement of the action, citing People vs. Fontanilla. The Court then examined SEC. 44(f) of the Judiciary Act of 1948, which vested Courts of First Instance with original jurisdiction in all criminal cases in which the penalty provided by law was imprisonment for more than six months. The Court analyzed ART. 315 and observed that the penalty for estafa where the amount involved is over PHP 200 but does not exceed PHP 6,000 ranges from arresto mayor in its maximum period to prision correccional in its minimum period, a term exceeding six months. Because the penal range exceeded six months, the Court of First Instance possessed original jurisdiction over the estafa charge filed December 18, 1974. The Court noted that General Order No. 49 (October 4, 1974) redefined military tribunal jurisdiction and did not include estafa or malversation among the offenses cognizable by Military Commissions at that time; thus the Military Commission lacked statutory authority to try the estafa charge when Civil Case No. SM-649 was filed. The Court further observed that General Order No. 54 (October 22, 1975) later amended military jurisdiction to include estafa only when committed on a large scale or by a syndicate, but that amendment postdated the filing of the Information and did not validate Military Commission cognizance at the relevant time. The Court emphasized that estafa and malversation are distinct offenses and in the present controversy involved different accused. Consequently, there existed no true concurrent jurisdiction between the Military Commission and the Court of First Instance t

Case Syllabus (G.R. No. L-40527)

Parties and Posture

People of the Philippines filed a petition seeking review of an order quashing an Information for estafa.
Hermogenes Mariano was the accused in Criminal Case No. SM-649 and moved to quash the Information.
Hon. Ambrosio M. Geraldez was the presiding Judge of the Court of First Instance of Bulacan, Branch V, who granted the motion to quash.
The petition was filed by Asst. Provincial Fiscal Clemente G. Perfecto and treated as a special civil action by the Court.

Factual Allegations

The Information alleged that between May 11 and June 8, 1971, Hermogenes Mariano, acting as Liaison Officer for the Municipality of San Jose del Monte, received USAID/NEC cables intended for the municipality and failed to deliver them to the Municipal Mayor.
The items were described as 150 ft. electric cable valued at $15 or P100.50, 525 ft. cable power valued at $577.50 or P3,859.35, and 250 ft. electric cable at $125.00 or P837.50, with a total value of $717.50 or P4,797.35.
The Information charged that Mariano wilfully, unlawfully and feloniously misappropriated and converted the items to his own use, to the damage of the owner in the sum of $717.50 or P4,797.35.

Procedural History

The Information was filed on December 18, 1974, as Criminal Case No. SM-649 in the Court of First Instance of Bulacan.
On February 19, 1975, Mariano filed a motion to quash on grounds of lack of jurisdiction, extinguishment of criminal liability, and legal excuse or justification.
Mariano asserted that the same items had been the subject of a malversation indictment against Mayor Constantino A. Nolasco before a Military Commission which had convicted and sentenced Mayor Nolasco to imprisonment at hard labor for ten years and one day to fourteen years and eight months with perpetual disqualification and a fine of P19,646.15.
On March 14, 1975, Hon. Ambrosio M. Geraldez issued an order granting the motion to quash on the ground that the Military Commission had taken cognizance of the same subject matter and thereby deprived the Court of First Instance of jurisdiction.
The Court did not rule on the alternative grounds asserted in the motion to quash.

Issues

Whether the Court of First Instance had jurisdiction to try the estafa charge against Mariano.
Whether a Military Commission and civil courts exercised concurrent jurisdiction over the alleged estafa of goods valued at not more than six thousand pesos committed by a civilian