G.R. No. L-27514 February 18, 1970
FAUSTO D. LAQUIAN, petitioner-appellant, vs. JOSE L. BALTAZAR, Municipal Court Judge of San Fernando, Pampanga; REGIDOR AGLIPAY, Provincial Fiscal of Pampanga; and MARCELO D. MENDIOLA, respondents-appellees.

FACTS

On May 16, 1963, Marcelo D. Mendiola filed Civil Case No. 2312 in the Court of First Instance (CFI) of Pampanga against Fausto D. Laquian to recover damages for an alleged defamatory letter dated May 21, 1962. Subsequently, on May 19, 1964, Mendiola filed a criminal complaint for libel (Criminal Case No. 4216) based on the same letter in the Municipal Court of San Fernando, Pampanga. Laquian moved to dismiss the criminal complaint, arguing that under Article 360 of the Revised Penal Code, as amended by Republic Act No. 1289 , the CFI of Pampanga, where the civil case was first filed, had acquired exclusive jurisdiction over the criminal action. The Municipal Court, presided by Judge Jose L. Baltazar, denied the motion and a subsequent motion for reconsideration. Laquian then filed a special civil action for certiorari (Civil Case No. 2834) in the CFI of Pampanga seeking to annul the Municipal Court’s orders and to declare it without jurisdiction. The CFI denied the petition and dismissed the case, holding that the Municipal Court had concurrent jurisdiction with the CFI over libel cases under Section 87(c) of the Judiciary Act ( R.A. No. 296 ), as amended by R.A. No. 3828 . Laquian appealed this dismissal.

ISSUE

Whether the Municipal Court of San Fernando, Pampanga, has jurisdiction to hear and decide the criminal libel case (Criminal Case No. 4216) in light of the prior pending civil action for damages (Civil Case No. 2312) in the Court of First Instance of Pampanga, considering the provisions of Article 360 of the Revised Penal Code, as amended.

RULING

No. The Supreme Court reversed the order of the Court of First Instance of Pampanga. The Municipal Court of San Fernando, Pampanga, has no jurisdiction over the criminal libel case. The Court held that pursuant to Article 360 of the Revised Penal Code, as amended by Republic Act No. 1289 , the criminal and civil actions for damages in cases of written defamation must be filed in the Court of First Instance. Furthermore, the court where either the criminal action or civil action for damages is first filed acquires jurisdiction to the exclusion of other courts. Since the civil action (Civil Case No. 2312) was filed first in the CFI of Pampanga on May 16, 1963, that court acquired exclusive jurisdiction over the corresponding criminal action. The Court rejected the view that Republic Act No. 3828 (amending the Judiciary Act to grant municipal courts concurrent jurisdiction over offenses punishable by prision correccional or a fine not exceeding six thousand pesos) amended or repealed the special provisions on venue and jurisdiction in Article 360. The law is a special provision governing specifically libel cases, and a general law does not repeal a special law unless the intent to do so is manifest. No such intent was shown. Additionally, even in cases of concurrent jurisdiction, the court first acquiring jurisdiction excludes the others. The Supreme Court also noted that Republic Act No. 4363 , which further amended Article 360 in 1965, reiterated the exclusive jurisdiction of the Court of First Instance in such cases. Therefore, respondent Judge Baltazar erred in denying Laquian’s motion to dismiss, and the CFI erred in dismissing the petition for certiorari. Costs were imposed on private respondent Marcelo D. Mendiola.