GR 44896; (July, 1936) (Digest)
G.R. No. 44896; July 31, 1936
RODOLFO A. SCHNECKENBURGER, petitioner, vs. MANUEL V. MORAN, Judge of First Instance of Manila, respondent.
FACTS
Petitioner Rodolfo A. Schneckenburger, the duly accredited honorary consul of Uruguay in Manila, was charged in the Court of First Instance of Manila with the crime of falsification of a private document. He objected to the court’s jurisdiction, arguing that under both the U.S. and Philippine Constitutions, only the Supreme Court had jurisdiction over cases affecting consuls. After his objection was overruled, he filed this petition for a writ of prohibition to prevent the Court of First Instance from proceeding with the criminal case.
ISSUE
Whether the Court of First Instance of Manila has jurisdiction to try a criminal case against a foreign consul, or whether such jurisdiction is vested exclusively in the Supreme Court under the Philippine Constitution.
RULING
The Court of First Instance of Manila has jurisdiction. The Supreme Court’s original jurisdiction over cases affecting ambassadors, other public ministers, and consuls under the Philippine Constitution is not exclusive but concurrent with other courts. The Constitution does not define this jurisdiction as exclusive, and the original jurisdiction possessed by the Supreme Court at the time of the Constitution’s adoption was concurrent with Courts of First Instance. Furthermore, consuls are not entitled to diplomatic immunity and are subject to the criminal laws of the country where they reside. The laws in force before the Commonwealth, which granted Courts of First Instance jurisdiction over criminal cases, remain operative as they are not inconsistent with the Constitution. Therefore, the respondent judge has jurisdiction to take cognizance of the criminal case, and the writ of prohibition is denied.
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