GR L 16388; (July, 1920) (Digest)
G.R. No. L-16388; July 21, 1920
THE UNITED STATES, plaintiff-appellee, vs. GREGORIO JIMENEZ, defendant-appellant.
FACTS:
Gregorio Jimenez, a motorman, was charged with the crime of lesiones graves (serious physical injuries) through reckless imprudence. The information alleged that on November 20, 1918, in Manila, he operated an electric car carelessly, negligently, and imprudently at an excessive speed, causing it to strike and knock down a boy named Aurelio Ibañez. As a result, the boy lost his left arm and suffered injuries requiring medical attendance for more than thirty days, permanently incapacitating him for manual labor. The Court of First Instance of Manila found him guilty and sentenced him to four months of arresto mayor and payment of costs. On appeal, the Attorney-General moved for the dismissal of the case, contending that the Court of First Instance lacked jurisdiction over the subject matter of the offense as charged.
ISSUE:
Whether the Court of First Instance had original jurisdiction over the crime of lesiones graves through reckless imprudence as charged in the information.
RULING:
No. The Supreme Court dismissed the case for lack of jurisdiction. The Court held that jurisdiction in criminal cases is determined by the allegations in the information. The facts alleged, if committed with malice, would constitute lesiones graves punishable under Article 416, Case No. 2, of the Penal Code with prisión correccional in its medium and maximum degreesa correctional penalty. However, since the act was committed through reckless imprudence, it falls under the first paragraph, Case No. 2, of Article 568 of the Penal Code, which prescribes the penalty of arresto mayor in its minimum and medium degrees. This penalty does not exceed four months of arresto mayor. Under Section 56, paragraph 6, of Act No. 136 (The Judiciary Act), the Court of First Instance had no original jurisdiction over offenses punishable with a penalty not exceeding six months’ imprisonment or a fine not exceeding two hundred dollars. Consequently, the trial court lacked jurisdiction. The accused’s failure to object or his silence does not confer jurisdiction, as jurisdiction cannot be conferred by waiver. The case was dismissed without prejudice to the institution of the appropriate action in a competent court.