G.R. No. L-47448 May 17, 1978
THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. EMETERIO C. OCAYA, as District Judge, 15th Judicial District, Branch VI, Province of Bukidnon, and ESTERLINA MARAPAO, LETICIA MARAPAO and DIOSDADO MARAPAO, respondents.

FACTS

The Provincial Fiscal of Bukidnon filed an Information dated October 13, 1977, charging the private respondents with Serious Physical Injuries under Article 263(3) of the Revised Penal Code. The Information alleged that on July 23, 1977, the accused conspired to assault Lolita Ares, who was twelve days postpartum, by wrestling her to the ground and hitting her face with a fist-sized stone. This inflicted a laceration that considerably deformed her face and caused a relapse (nabughat), incapacitating her from her customary labor for more than thirty days. The case was raffled to the court of respondent Judge Emeterio C. Ocaya.
Without conducting arraignment or trial, and based solely on his review of the records, respondent judge issued an Order dated October 27, 1977, dismissing the case for lack of jurisdiction. He reasoned that the attached medical certificate estimated the healing period at 7 to 10 days, indicating only slight or less serious physical injuries—offenses outside his court’s jurisdiction. He declared the victim’s affidavit on the 30-day incapacity as “self-serving.” The fiscal’s motion for reconsideration was denied in an Order dated November 16, 1977, where the judge further speculated that a scar observed by the fiscal on the victim’s left cheek could not be from the injury inflicted on the right side, thus questioning the allegation of deformity.

ISSUE

Whether respondent judge committed grave abuse of discretion in dismissing the criminal information for Serious Physical Injuries on the ground of lack of jurisdiction based on his preliminary assessment of the evidence, rather than on the allegations of the Information.

RULING

Yes, the Supreme Court ruled that respondent judge committed grave abuse of discretion. The Court emphasized the elemental rule that jurisdiction in criminal cases is determined by the allegations in the information, not by the judge’s premature appraisal of the evidence or the probable outcome of the trial. The Information clearly alleged facts constituting Serious Physical Injuries, specifically the infliction of a deformity and incapacity for more than thirty days, which falls under Article 263(3) of the Revised Penal Code, a crime within the jurisdiction of the Court of First Instance. By dismissing the case based on his personal evaluation of the medical certificate and by discrediting the victim’s affidavit without a trial, respondent judge disregarded this fundamental principle. His actions effectively prejudged the case, assuming the evidence would only support a lesser offense.
Consequently, the Supreme Court annulled the dismissal orders as null and void. The case was remanded and ordered transferred to another branch (Branch V) of the Court of First Instance of Bukidnon to ensure a fair and impartial trial, given the respondent judge’s demonstrated preconceptions. The presiding judge of the receiving court was directed to issue warrants of arrest and proceed with the arraignment and trial with dispatch. A copy of the decision was ordered attached to respondent judge’s personal record.