G.R. No. L-14486; November 19, 1918
MARIA CONCEJO BACAR and PASCUAL MAGBANUA, petitioners, vs. NICOLAS TORDECILLAS, as justice of the peace of the municipality of Sibalom, Province of Antique, respondent.

FACTS:
On April 9, 1918, Juan Dominguez filed a complaint for adultery against petitioners Maria Concejo Bacar and Pascual Magbanua in the justice of the peace court of San Jose, Antique. After a preliminary examination on April 29, 1918, the justice of the peace dismissed the case due to insufficient evidence. Subsequently, on May 14, 1918, Dominguez filed another adultery complaint against the same petitioners, this time in the justice of the peace court of Sibalom, Antique. The petitioners were arrested and brought before respondent Justice of the Peace Nicolas Tordecillas on May 18, 1918. Before pleading, they objected to the jurisdiction of the Sibalom court, arguing that the alleged crime was not committed within its territory. The respondent overruled the objection on May 24, 1918, citing an order dated May 6, 1918, issued by Judge Norberto Romualdez, which authorized him to conduct the preliminary investigation. The petitioners then filed an original action for prohibition with the Supreme Court to restrain the respondent from proceeding with the case.

ISSUE:
Whether the respondent justice of the peace of Sibalom had jurisdiction to conduct the preliminary investigation of the adultery case filed against the petitioners.

RULING:
No. The Supreme Court granted the writ of prohibition, holding that the respondent justice of the peace of Sibalom lacked jurisdiction. Under Section 211 of the Administrative Code of 1917, a district judge may designate a justice of the peace of one municipality to act in another only under specific conditions: when both the regular justice of the peace and the auxiliary justice of the peace of the municipality where the crime was committed are disqualified, unable to act, absent, disabled, or the office is vacant. In this case, the record showed that the justice of the peace of San Jose was qualified and had already acted by conducting the first preliminary examination and dismissing the complaint. There was no showing that the regular or auxiliary justice of the peace of San Jose was disqualified or unable to perform their duties. Therefore, Judge Romualdez’s order appointing the respondent was issued without legal basis. Consequently, the respondent justice of the peace of Sibalom had no authority to conduct the preliminary investigation, and the writ of prohibition was issued to restrain him from proceeding with the case. Costs were imposed on the respondent.