G.R. No. L-2536
FACTS:
Silvina Legaspi filed a complaint in the Court of First Instance of Manila, seeking a writ of mandamus to compel Judge John C. Sweeney to allow an appeal from a judgment and sentence rendered in a criminal case. The criminal case had been appealed to the Court of First Instance from the Municipal Court of Manila. The respondent judge demurred to the complaint, arguing that it failed to state a sufficient cause of action.
ISSUE:
Whether the complaint states a cause of action for mandamus to compel the allowance of an appeal from a judgment of the Court of First Instance in a criminal case originally appealed from the Municipal Court.
RULING:
No. The demurrer is sustained. Following the precedent established in United States vs. Bian Jeng (2 Phil. 179), the judgment of the Court of First Instance of Manila in a criminal case appealed from the Municipal Court is final and unappealable, except when the validity or constitutionality of a statute or ordinance is drawn into question. The petitioner’s complaint contained no allegation that the validity or constitutionality of any statute or ordinance was at issue in the underlying criminal case. Consequently, the petitioner had no right to an appeal, and mandamus could not lie to compel the judge to allow one. The petitioner was given ten days to file an amended complaint.