G.R. No. 45607 ; June 30, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMANICO IMAS, defendant-appellant.

FACTS

Romanico Imas was convicted of rape by the trial court. He appealed, and the case was initially forwarded to the Court of Appeals. The Court of Appeals, however, certified the appeal directly to the Supreme Court because one of the appellant’s assignments of error challenged the trial court’s jurisdiction. The appellant argued that the trial court lacked jurisdiction because the information was filed and signed by the provincial fiscal, not by the offended party, her parents, grandparents, or guardian, as allegedly required by Article 344 of the Revised Penal Code.

ISSUE

Whether the appeal was properly certified to the Supreme Court on the ground that the jurisdiction of the trial court was in issue.

RULING

No. The Supreme Court held that the appeal should be remanded to the Court of Appeals. The mere claim that the trial court lacked jurisdiction was not a real and substantial issue sufficient to warrant a direct appeal to the Supreme Court under the applicable statute. The record showed that the action was properly commenced in the justice of the peace court by a complaint filed by the father of the offended party, a 14-year-old girl. This constituted sufficient compliance with Article 344 of the Revised Penal Code. Therefore, the jurisdictional objection was without merit. The case was ordered remanded to the Court of Appeals for further proceedings.

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