GR L 25942; (May, 1968) (Digest)
G.R. No. L-25942 May 28, 1968
People of the Philippines, plaintiff-appellant, vs. Felix Fernando, defendant-appellee.
FACTS
The Government appealed from an order of the Court of First Instance of Nueva Ecija dismissing a charge for grave threats filed by Marina David against Felix Fernando. The trial court dismissed the case for lack of jurisdiction, reasoning that the penalty for grave threats (arresto mayor and a fine not exceeding P500.00) did not reach the minimum limit of the Court of First Instance’s jurisdiction, based on its interpretation of the amended section 87(c) of the Judiciary Act. The appellant, through the Office of the Solicitor General, contended that the crime fell within the concurrent jurisdiction of the inferior courts and courts of first instance, citing the existing provision of section 44(f) of the Judiciary Act.
ISSUE
Whether the Court of First Instance of Nueva Ecija has original jurisdiction to try the case for grave threats, which carries a penalty of arresto mayor and a fine not exceeding P500.00.
RULING
Yes. The Supreme Court set aside the order of dismissal and remanded the case for trial. The Court held that the crime of grave threats falls under the concurrent jurisdiction of the municipal court and the court of first instance. This conclusion was based on a joint construction of section 44(f) (original jurisdiction of courts of first instance) and section 87(c) (original jurisdiction of municipal and city courts) of the Judiciary Act. The Court adopted the ruling in Esperat vs. Avila, which established that the exclusive original jurisdiction of inferior courts is confined to cases with a penalty of imprisonment for 6 months or less or a fine of P200.00 or less, while the exclusive original jurisdiction of courts of first instance covers cases with a penalty of incarceration for more than 3 years (or 6 years for certain city and municipal courts) or a fine of more than P3,000.00 (or P6,000.00). Between these exclusive jurisdictions lies a zone of concurrent jurisdiction, covering cases where the penalty is imprisonment for more than 6 months but not exceeding 3 years, or a fine of more than P200.00 but not exceeding P3,000.00. Since the penalty for grave threats (arresto mayor, which has a duration of 1 month and 1 day to 6 months, and a fine not exceeding P500.00) falls within this zone, the Court of First Instance properly acquired jurisdiction when it first took cognizance of the case.