G.R. No. L-1985; September 20, 1948
RAFAEL G. CASTRO, assisted by her husband, Teodoro M. Castro, petitioner-appellant, vs. JOSE P. BENGZON, City Fiscal of Manila, AMBROSIO LORENZO, MANUEL DE LA FUENTE, Manila Chief of Police, and BIBIANO L. MEER, Collector of Internal Revenue, respondents-appellees.

FACTS

Petitioner Rafaela G. Castro, a licensed pharmacist, was arrested and charged before the City Fiscal of Manila for illegal possession of prohibited drugs after a search of her pharmacy, Farmacia Aurora, by Manila detectives. The search yielded drugs, including morphine sulphate tablets. Castro claimed she had a permit from the Collector of Internal Revenue for some drugs, except for 70 morphine tablets allegedly left by an unknown person. She argued that jurisdiction over the case belonged exclusively to the Collector of Internal Revenue, not the city fiscal or police, and filed a petition for prohibition and mandamus to stop the fiscal’s proceedings and compel referral to the Collector.

ISSUE

Whether prohibition and mandamus lie to prohibit the City Fiscal and Chief of Police from proceeding with the criminal case and to compel them to refer it to the Collector of Internal Revenue.

RULING

No. The Supreme Court affirmed the dismissal of the petition. The City Fiscal has jurisdiction to investigate and prosecute the case. While the National Internal Revenue Code allows pharmacists to possess prohibited drugs under a permit from the Collector of Internal Revenue, it does not grant the Collector exclusive jurisdiction over violations. The charge against Castro for possession of drugs not covered by her permit falls under Article 190 of the Revised Penal Code, over which the city fiscal has concurrent jurisdiction. The issues raised by Castro regarding the validity of the search warrant, alleged illegal search, and excessive bail are collateral and not proper in a prohibition and mandamus proceeding; they should be addressed in the criminal case or her countercharge.

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