G.R. No. L-26885 November 28, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. LUCENA C. TAPAYAN, defendant-appellee.

FACTS

The City Fiscal of Danao City filed an information charging Lucena C. Tapayan with illegal possession of nine .22 caliber revolvers without a permit, in violation of Republic Act No. 4. After arraignment and trial, the defense moved to dismiss the case on the ground of lack of jurisdiction. The Court of First Instance of Cebu granted the motion, holding that under Republic Act 3828, which amended the Judiciary Act, original jurisdiction over all criminal cases for illegal possession of firearms was exclusively vested in municipal and city courts. The prosecution appealed this order of dismissal.

ISSUE

Whether the Court of First Instance had jurisdiction over the criminal case for illegal possession of firearms, or if jurisdiction was exclusively vested in the City Court of Danao City.

RULING

The Supreme Court ruled in favor of the appellant, the People of the Philippines. The Court held that the provisions of Section 87(c) of the Judiciary Act, as amended by Republic Act 3828, did not operate to exclude the concurrent criminal jurisdiction of courts of first instance under Section 44(f) of the Judiciary Act. This concurrent jurisdiction applies whenever the offense is punishable with imprisonment for more than six months or a fine of more than 200 pesos. Since illegal possession of firearms is punishable with imprisonment of not less than one year and one day to five years and a fine from P1,000 to P5,000, the Court of First Instance retained concurrent jurisdiction. The order of dismissal was revoked and set aside, and the case was remanded to the court of origin for decision on the merits.