People of the Philippines v. Pacifico Dose, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-23540           June 29, 1968

THE PEOPLE OF THE PHILIPPINES,plaintiff-appellant,
vs.
PACIFICO DOSE and DIOSDADO DESCARES,defendants-appellees.

Office of the Solicitor General for plaintiff-appellant.
Ramon D. Duremdes for defendants-appellees.

ZALDIVAR,J.:

On January 17, 1964, the Provincial Fiscal of Iloilo filed an information in the Court of First Instance of Iloilo, docketed as Criminal Case No. 10168, accusing Pacifico Dose and Diosdado Descares of illegal possession of firearms; it being alleged in the information that on November 12, 1963, in the municipality of Dumangas, province of Iloilo, the two accused, working together and helping one another, wilfully had in their possession and under their control one (1) automatic pistol Colt, super .38, with ammunition, without license or authority to possess or hold the same.

On August 4, 1964, the Court of First Instance of Iloilo issued an order holding that it had no original jurisdiction to try the case and remanding the case to the municipal court of Dumangas for trial on the merits, and at the same time ordering the Provincial Fiscal to file the corresponding information against the accused in the municipal court of Dumangas.

The Provincial Fiscal moved for the reconsideration of the order of August 4, 1964, arguing that under Section 44(f) of the Judiciary Act of 1948, as amended, the Court of First Instance has original concurrent jurisdiction with the municipal court to try the case. On August 20, 1964, the Court of First Instance of Iloilo denied the motion for reconsideration. So, the People of the Philippines brought the instant appeal from the two orders of the Court of First Instance of Iloilo, dated August 4, 1964, and August 20, 1964, on a question of law.

The State contends that the lower court erred in holding that it did not have original jurisdiction to try a case of illegal possession of firearms.

The orders appealed from are erroneous, and the appeal of the State must be sustained. The Court of First Instance of Iloilo was of the stand that the municipal court has exclusive original jurisdiction to try a case of illegal possession of firearms, because Section 87 of the Judiciary Act of 1948 (Republic Act No. 196), as amended by Republic Act No. 3828, provides as follows:

On the other hand, it is the stand of the State that the Court of First Instance has concurrent original jurisdiction with the municipal court to try a case of illegal possession of firearms pursuant to the provision of Section 44, Par. (f), of the Judiciary Act of 1948, which provides as follows:

Under Republic Act No. 4, illegal possession of firearms is punishable by imprisonment for a period of not less than one year and one day nor more than five years, or both such imprisonment and a fine of not less than P1,000.00 nor more than P5,000.00 in the discretion of the court.

The issue to be resolved is this: Is the crime of illegal possession of firearm within the exclusive original jurisdiction of the municipal courts by virtue of Section 87(b), par. (9) of the Judiciary Act of 1948, as amended, or do Courts of First Instance have concurrent original jurisdiction with the municipal courts to try such a case?

The decision of this Court in the case of Natividad vs. Robles, 87 Phil. 834, 836-837, squarely settles the issue raised in the present case. We held:

The aforequoted ruling of this Court has been reaffirmed in many subsequent cases, and this Court has made it clear that because Section 44 of the Judiciary Act of 1948, vesting the Court of First Instance original jurisdiction over offenses penalized by law with imprisonment of more than six months or fine of more than P200.00, has been left unaltered the enlargement of the former jurisdiction of municipal courts pursuant to the amendatory provisions of Republic Act No. 3828 has resulted in concurrent jurisdiction of both courts over crimes penalized with imprisonment in excess of six months or fine in excess of P200.00 as far as crimes enumerated or specified in Section 87(b) of Republic Act No. 296, known as the Judiciary Act of 1948, are concerned.¹

We, therefore, hold that the Court of First Instance and the municipal courts or city courts have concurrent original jurisdiction to try criminal cases involving illegal possession of firearms.

WHEREFORE, the appealed orders of the Court of First Instance of Iloilo, dated August 4, 1964 and August 20, 1964, are set aside, and this case is ordered remanded to the Court of First Instance of Iloilo with instructions to proceed with the trial of the case on the merits. No costs. It is so ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Sanchez, Castro, Angeles and Fernando, JJ., concur.

Footnotes