People Vs Mariano Digest 2v53q

PEOPLE VS. MARIANO GR L-40527 JUNE 30, 1976 Facts: Hermogenes Mariano, the appointed liaison officer of a municipality in the Province of Bulacan was charged with estafa of goods amounting to no more than 6,000 pesos. Mariano then filed with the court a motion to quash all information. The respondent judge then granted the motion on the basis that the court indeed had no jurisdiction over the case, citing that a military commission had already ruled on a malversation case against Mayor Nolasco involving the same properties questioned at bar. The respondent judge noted that case having been heard and decided by a competent tribunal gives no jurisdiction to his court to anew judgment on the same subject matter. The PEOPLE then appealed and the Supreme Court having citing the Judicial Act of 1948 and the fact that Estafa and Malversation are 2 different and distinct offense and that the military commission has no authority over the charges placed on Mariano, decided that lower court committed a grave error in saying that they had no jurisdiction over the matter. As so ordered by the Supreme Court the respondent judge was to continue the criminal case against Mariano. The issues presented: Does the civil court & military commissions exercise concurrent jurisdiction over the case of the estafa of goods amounting to not more than 6,000 Pesos. The Ruling: Military commissions have no authority over estafa cases and the court of first instance has original jurisdiction as so implied by the Judicial Act of 1948. Ratio: The Judicial act of 1948 sec. 44 states that the Court of First Instance shall have original jurisdiction in all criminal cases in which the penalty provided by the law is imprisonment for more than six months or a fine of over 200 pesos. Estafa more than meets with requirements needed for the Court of First Instance to acquire original jurisdiction.