GR L 13722; (February, 1960) (Digest)
G.R. No. L-13722; February 29, 1960
QUIRICO ALIMAJEN, petitioner-appellant, vs. PASCUAL VALERA, ET AL., respondents-appellees.
FACTS
Petitioner-appellant Quirico Alimajen was charged with qualified theft in Criminal Case No. 305 before the Justice of the Peace Court of Barotac Nuevo, Iloilo, based on a complaint filed by the Chief of Police. The accused was arrested upon a warrant issued by the Justice of the Peace Court and later released on bail. On December 23, 1957, Alimajen filed a motion waiving his right to a preliminary investigation and requesting that the case be certified to the Court of First Instance of Iloilo for trial. The Justice of the Peace denied the motion, asserting that it had already acquired original jurisdiction over the case. Alimajen’s motion for reconsideration was also denied. He then filed a petition for a writ of preliminary injunction and prohibition with the Court of First Instance of Iloilo against the respondent Justice of the Peace. On February 19, 1958, the petition was dismissed for lack of merit, prompting this appeal.
ISSUE
Whether the respondent Justice of the Peace erred in refusing to forward the criminal case to the Court of First Instance of Iloilo on the ground that his court had already acquired original jurisdiction over it.
RULING
No. The Justice of the Peace Court did not err. The rule is that when two or more courts have concurrent jurisdiction, the first to validly acquire it excludes the others. Here, the Justice of the Peace Court and the Court of First Instance of Iloilo had concurrent jurisdiction over the qualified theft case under section 87(c)(3) of the Judiciary Act of 1948, as the amount involved was only P183.30. The choice of court lies with those who file the complaint or information, not with the defendant. The Justice of the Peace Court validly acquired jurisdiction when the Chief of Police filed the complaint and the court exercised authority over the accused through arrest and release on bail. The court had set the case for hearing, indicating it was not merely for preliminary investigation. The appellant’s waiver of preliminary investigation did not alter the court’s acquired jurisdiction or compel certification to the Court of First Instance. Accordingly, the appeal was dismissed, and the case was remanded to the Justice of the Peace Court for trial on the merits.