GR 45474; (June, 1938) (Digest)
G.R. No. 45474 ; June 13, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. RODOLFO A. SCHNECKENBURGER and JULIA MEDEL, defendants-appellees.
FACTS
A complaint for concubinage was filed against the defendants in the Court of First Instance of Manila. The defendants pleaded not guilty. Before trial, they filed a motion to dismiss the case on the ground that they were also being prosecuted for bigamy in the Court of First Instance of Rizal, allegedly committed on May 11, 1936. The trial court granted the motion and dismissed the concubinage case. The prosecution appealed.
ISSUE
Whether the trial court correctly dismissed the concubinage case based on the defendants’ pending prosecution for bigamy, prior to the presentation of evidence.
RULING
No. The Supreme Court set aside the dismissal order. The motion was not a proper demurrer to the information or to the evidence, as it was filed after the plea and before any trial. It was an improper anticipation of the defense evidence. The court should have proceeded to trial to determine the facts, including the relationship between the charges of bigamy and concubinage. The case was remanded for trial.
AI Generated by Armztrong.