GR L 25922; (June, 1967) (Digest)
G.R. No. L-25922 June 30, 1967
ANTONIO T. ESPERAT, petitioner, vs. THE HON. DAVID P. AVILA, Judge of the Court of First Instance of Cotabato, First Branch, and the CITY FISCAL OF COTABATO CITY, respondents.
FACTS
Petitioner Antonio T. Esperat, then Deputy Chief of Police of Cotabato City, was charged before the City Court of Cotabato with the crime of grave coercion (Crim. Case No. 3911). The City Court found him guilty and sentenced him to imprisonment for one month and one day of arresto mayor and a fine of P100.00. Esperat appealed to the Court of First Instance of Cotabato, where the case was docketed as Criminal Case No. 4760. The prosecution objected to the appellate jurisdiction of the Court of First Instance, arguing that the offense of grave coercion falls within the concurrent jurisdiction of the Court of First Instance and the City Court. Consequently, an appeal from the City Court’s decision should be filed directly with the Court of Appeals, pursuant to Section 87 of the Judiciary Act. The Court of First Instance sustained this objection and issued an order dated March 25, 1966, dismissing the case for lack of jurisdiction. Esperat filed the present petition for certiorari and mandamus.
ISSUE
Whether the courts of first instance have appellate jurisdiction over grave coercion cases tried and decided by municipal or city courts, or whether such appeals should be made directly to the Court of Appeals.
RULING
The Supreme Court denied the writ. The Court ruled that the crime of grave coercion, punishable by arresto mayor (imprisonment from one month and one day to six months) and a fine not exceeding P500.00, falls within the zone of concurrent original jurisdiction of municipal or city courts and courts of first instance, as defined by Sections 44(f) and 87(c) of the Judiciary Act of 1948, as amended. Since the jurisdiction is concurrent, an appeal from the decision of the City Court lies directly to the Court of Appeals, not to the Court of First Instance. The Court explained that the exclusive original jurisdiction of municipal/city courts is confined to cases with penalties of imprisonment for six months or less, or a fine of P200.00 or less. The exclusive original jurisdiction of courts of first instance covers cases with penalties of imprisonment for more than three years (or six years for certain courts) or a fine of more than P3,000.00 (or P6,000.00 for certain courts). Between these exclusive jurisdictions lies a zone of concurrent jurisdiction for cases where the penalty is imprisonment for more than six months but not exceeding three years, or a fine of more than P200.00 but not exceeding P3,000.00. The Court noted that its ruling assumed the proceedings in the City Court were regularly conducted and the evidence recorded; otherwise, the trial would be a nullity, and no valid appeal could arise.