Case Summary (G.R. No. L-24444)
Charges and Proceedings
Romeo Doriquez was charged with grave oral defamation and discharge of a firearm. The defamation charges stemmed from allegations that he publicly disparaged Attorney Sixto Demaisip, claiming incompetence related to a case Doriquez was involved in. Six days later, he was charged with discharging a firearm at Attorney Demaisip. Upon arraignment, Doriquez pleaded not guilty to both charges.
Motion to Dismiss
On December 3, 1964, Doriquez sought to dismiss both charges, asserting that the court lacked jurisdiction over the grave oral defamation charge following Republic Act 3328, which granted original exclusive jurisdiction over such offenses to city and municipal courts. Additionally, he argued his indictment for firearm discharge posed double jeopardy, as he had previously been charged in municipal court for alarm and scandal based on similar facts. The trial court denied his motion to dismiss on March 8, 1965, and the subsequent motion for reconsideration on March 20, 1965.
Prematurity of Appeal
The appellate court determined that the appeal was premature based on Section 2 of Rule 41 of the Revised Rules of Court, which restricts appeals to final judgments. The court reiterated that interlocutory orders, such as a denial of a motion to dismiss, are not appealable as they do not fully dispose of the case. Allowing appeals on such orders could result in delays and multiple appeals within the same case, which is contrary to the principles of expeditious justice.
Alternative Remedies for Doriquez
The court outlined two alternative remedies available to Doriquez following the denial of his motion for reconsideration: proceeding to trial immediately and incorporating his dismissal arguments as part of his defense, or filing a petition for certiorari to contest the jurisdiction and claim of double jeopardy. The court decided to treat Doriquez's appeal as a petition for certiorari to address the substantive issues at hand.
Jurisdictional Issues
Doriquez contended that the municipal court had exclusive jurisdiction over the offense of grave oral defamation, claiming that under Article 358 of the Revised Penal Code, the maximum penalty falls within the jurisdiction of municipal courts. However, the court clarified that based on the amendments to the Judiciary Act of 1948, the jurisdiction of municipal and city courts alongside the courts of first instance includes offenses punishable by imprisonment exceeding six months but not exceeding three years.
Double Jeopardy Argument
Doriquez's argument regarding double jeopardy, claiming overlapping charges with the alarm and scandal complaint, was deemed untenable. The court explained that for double jeopardy to apply, there must be an ide
...continue readingCase Syllabus (G.R. No. L-24444)
Case Background
- The case involves appellant Romeo Doriquez, charged with grave oral defamation and discharge of a firearm.
- The charges stem from incidents occurring on April 22, 1964, in Batad, Iloilo, Philippines.
- Doriquez allegedly made defamatory statements against Attorney Sixto Demaisip, accusing him of incompetence and mismanagement of a legal case.
- Six days later, he was charged with discharging a revolver at Attorney Demaisip without intent to kill.
Procedural History
- Upon arraignment, Doriquez pleaded not guilty to both charges.
- On December 3, 1964, he filed a motion to dismiss both informations, asserting lack of jurisdiction for the grave oral defamation charge and claiming double jeopardy concerning the firearm discharge charge.
- The trial court denied his motion on March 8 and March 20, 1965. Doriquez subsequently appealed these orders.
Jurisdictional Issues
- Doriquez contended that the municipal court of Batad had exclusive jurisdiction over grave oral defamation due to Republic Act 3328, which expanded the jurisdiction of municipal and city courts.
- The court ruled against Doriquez, stating that the jurisdiction of municipal courts is concurrent with that of the Court of First Instance for offenses with penalties of impri