G.R. No. L-11115; March 10, 1916
THE UNITED STATES, plaintiff-appellee, vs. SILVESTRE YU TUICO, defendant-appellant.

FACTS:
The accused, Silvestre Yu Tuico, was charged with a violation of the law on weights and measures. The information alleged that in September 1914, in the municipality of Lianga, Surigao, the accused, with intent to defraud the seller, altered the steelyards used for weighing hemp by inserting a piece of iron. This alteration changed the fulcrum of the beam, causing the scales to register a weight much less than the actual weight of the hemp. The prosecution’s evidence showed the accused was discovered in the act, and the piece of iron was retrieved from the scales by the owner of the hemp. The accused was convicted by the Court of First Instance of Surigao and sentenced accordingly.

ISSUE:
1. Whether the evidence proved the guilt of the accused beyond reasonable doubt.
2. Whether the accused was placed in double jeopardy because a justice of the peace, after a preliminary investigation, had previously dismissed the case for lack of probable cause.
3. Whether the complaint was validly instituted, considering it was filed by the municipal treasurer and not by the injured party or a specifically authorized official.

RULING:
The Supreme Court affirmed the judgment of conviction.
1. On the evidence of guilt: The Court found the prosecution’s evidence credible and sufficient to establish the accused’s guilt beyond reasonable doubt. The accused was caught in the act of altering the steelyards, and the piece of iron used was recovered.
2. On the defense of double jeopardy: The defense was untenable. A preliminary investigation is not a trial; its sole purpose is to determine whether a crime has been committed and whether there is probable cause to believe the accused guilty. The dismissal by a justice of the peace does not bar a subsequent preliminary investigation by another authorized official, such as the provincial fiscal, nor does it constitute former jeopardy.
3. On the validity of the complaint: The complaint was valid. Act No. 1519 (the law on weights and measures) does not specify that the complaint must be filed by a particular person. Under general criminal procedure, unless the law expressly provides otherwise, a complaint for a public crime may be filed by any competent person. Therefore, the complaint initiated by the municipal treasurer, followed by the provincial fiscal’s information, was sufficient.

The judgment of the Court of First Instance was affirmed, with costs against the appellant.