GR L 1779; (June, 1948) (Digest)
G.R. No. L-1779; June 29, 1948
JOSE A. ARCES, petitioner-appellant, vs. ANACLETO I. BELLASILLO and THE PROVINCIAL FISCAL OF CAPIZ, respondents-appellees.
FACTS
The Provincial Fiscal of Capiz filed an information against Jose A. Arches before the Justice of the Peace Court of Capiz. The information alleged that from about 1939 up to the date of filing (January 10, 1947), Arches willfully blocked the navigable Talaga River and Lacturan Creek by constructing three dikes in each without authority, causing prejudice to inhabitants. Arches filed a motion to quash on two grounds: (1) the crime, as alleged, had already prescribed; and (2) the Justice of the Peace Court of Capiz lacked jurisdiction because the offense was allegedly committed within the adjacent municipality of Panay. The motion was denied. Arches then filed a petition for certiorari and prohibition before the Court of First Instance on the same grounds, which was also denied. He appealed that denial to the Supreme Court.
ISSUE
1. Whether the crime charged had prescribed.
2. Whether the Justice of the Peace Court of Capiz had jurisdiction over the offense.
RULING
The Supreme Court DENIED the appeal and AFFIRMED the lower court’s decision.
1. On prescription: The crime charged is a continuing offense. The information alleged the blocking from 1939 “up to this date.” The period of prescription does not run while the offense continues—that is, while the dikes remain unlawfully obstructing the waterways. Prescription would only begin from the date the offense ceased.
2. On jurisdiction: Jurisdiction is determined by the allegations in the information. The information categorically alleged the offense was committed within the municipality of Capiz. Any contradictory claim regarding the location (e.g., affidavits suggesting it was in Panay) is a matter of defense and evidence to be presented at trial, not a proper ground for a motion to quash or a special civil action. The Court noted the improper use of such remedies only caused undue delay in the main case.
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