G.R. No. L-2860; May 11, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. FRANCISCO PALMON, defendant-appellee.

FACTS

Francisco Palmon was charged before the Court of First Instance of Capiz with serious physical injuries under Article 263 of the Revised Penal Code for firing a carbine at Pedro Cipriano, which instead hit and wounded Eliseo Flogio on the left thigh, necessitating amputation. Before arraignment, the trial judge motu proprio dismissed the case, holding that under Section 87 of Republic Act No. 296 (the Judiciary Act of 1948), the crime fell under the exclusive original jurisdiction of the justice of the peace court. The provincial fiscal appealed the dismissal.

ISSUE

Whether the Court of First Instance has jurisdiction to try the case for serious physical injuries resulting from an assault where intent to kill is not charged or evident, or whether such jurisdiction is exclusively vested in the justice of the peace court under Section 87 of the Judiciary Act of 1948.

RULING

The Supreme Court reversed the trial court’s order of dismissal. It held that the Court of First Instance and the justice of the peace court have concurrent original jurisdiction over the offense. The crime charged is punishable by prision correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years), which under Section 44(f) of the Judiciary Act falls within the original jurisdiction of the Court of First Instance. Section 87(c)(2), which grants justices of the peace jurisdiction over assaults where intent to kill is not charged or evident, does not confer exclusive jurisdiction. To construe it as exclusive would nullify Section 44(f). The Court harmonized the provisions, noting that Section 87(c) was derived from provisions granting municipal courts concurrent jurisdiction with Courts of First Instance. Thus, the trial court erred in dismissing the case for lack of jurisdiction. The case was remanded for further proceedings.

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