G.R. No. L-4213; November 28, 1953
People of the Philippines, plaintiff-appellant, vs. Serafin Hernandez, accused-appellee.

FACTS

An information was filed against Serafin Hernandez for willfully inflicting physical injuries on Amador Palor. The information alleged that the injuries required medical attendance for 25 days, incapacitated Palor for the same period, and, as a consequence, “the offended party lost the power to hear of his right ear.” Hernandez pleaded not guilty. A joint trial was held with another accused, Apolonio Velasco, for injuries from the same occasion. The trial court convicted Velasco but dismissed the information against Hernandez. The court held that the crime charged was for less serious physical injuries under Article 265 of the Revised Penal Code, triable by the justice of the peace court, and that the court therefore lacked jurisdiction. The court further stated it could not convict Hernandez for the higher offense of serious physical injuries (under Article 263) even if proven, as it was not charged. The prosecution appealed this dismissal.

ISSUE

Whether the Court of First Instance correctly dismissed the information against Serafin Hernandez for lack of jurisdiction.

RULING

The Supreme Court dismissed the prosecution’s appeal. A majority of the Court held that the Court of First Instance did have jurisdiction over the offense described in the information. The information alleged the loss of the power to hear of the right ear, which constitutes a deprivation of the use of a part of the body, an offense under Article 263, paragraph 3, of the Revised Penal Code, cognizable by the Court of First Instance. However, since the trial court had jurisdiction but nevertheless dismissed the case, the judgment of dismissal was unappealable. Allowing an appeal would place the accused in double jeopardy. The precedent in People vs. Salico was distinguished as it involved a dismissal with the consent of the accused, which was not the situation here. The appeal was dismissed.