Case Summary (G.R. No. 217097)
Petitioner and Respondent
Petitioner: People of the Philippines, represented by the Provincial Fiscal of Bulacan.
Respondent: Hermogenes Mariano and Hon. Ambrosio M. Geraldez in his judicial capacity.
Key Dates
– May 11 to June 8, 1971: Alleged period of estafa.
– December 18, 1974: Filing of estafa information in CFI Bulacan.
– February 19, 1975: Mariano’s motion to quash.
– March 14, 1975: Trial court’s order granting motion to quash.
– June 30, 1976: Decision of the Supreme Court.
Applicable Constitution and Law
Constitution: 1935 Philippine Constitution (decision prior to 1990).
Statutory Basis: Judiciary Act of 1948, Section 44(f) on CFI original jurisdiction; Revised Penal Code, Article 315(3) on estafa; Military General Orders under Martial Law.
Issue
Whether the Court of First Instance retained jurisdiction to try civil estafa of goods valued under ₱6,000 by a civilian, notwithstanding a military commission’s earlier adjudication of malversation against a different accused concerning the same property.
Ruling
The Supreme Court set aside the order quashing the criminal information and held that the civil courts possessed exclusive jurisdiction over the estafa charge against Mariano. The case was remanded for trial to proceed without delay.
Definition and Source of Jurisdiction
“Jurisdiction” denotes a tribunal’s power to hear and determine a cause, derived solely from the Constitution and statutes. Under Section 44(f) of the Judiciary Act of 1948, Courts of First Instance have original jurisdiction over crimes punishable by imprisonment exceeding six months or fines above ₱200.
Application to Estafa Charge
Estafa under Article 315(3) carries a penalty range of four months and one day to two years and four months’ imprisonment, placing it squarely within CFI jurisdiction. At the time of filing (December 18, 1974), no martial‐law directive revoked or modified this grant of jurisdiction.
Military Commission’s Lack of Authority
General Order No. 49 (October 4, 1974) and its successors do
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Procedural Background
- December 18, 1974: Provincial Fiscal of Bulacan files Information (Criminal Case No. SM-649) for estafa against Hermogenes Mariano in the Court of First Instance (CFI) of Bulacan.
- February 19, 1975: Mariano moves to quash the Information, alleging lack of jurisdiction, extinguished liability, and legal excuse.
- March 14, 1975: Respondent Judge Ambrosio M. Geraldez grants the motion to quash, citing the Military Commission’s prior malversation conviction of Mayor Nolasco on the same subject matter.
- May 28, 1976: Solicitor General submits memorandum supporting the People’s Petition for Certiorari seeking review of the quash order.
Facts
- From May 11 to June 8, 1971, Mariano, as Liaison Officer of San Jose del Monte, Bulacan, received from USAID/NEC:
• 150 ft. electric cable valued at P100.50
• 525 ft. power cable valued at P3,859.35
• 250 ft. electric cable valued at P837.50 - Total value of goods: $717.50 or P4,797.35.
- Mariano was authorized to deliver these items to the Municipal Mayor but, despite repeated demands, allegedly misappropriated them for personal use.
Motion to Quash and Trial Court Ruling
- Mariano asserts that a Military Commission had already tried and convi