FACTS
Victoriano Fornia and Silverio Mondido stole a horse from Salvador Nofre. After being caught, they agreed with Nofre to pay P40 each to settle the matter and avoid prosecution. The defendant, Emigdio Nobleza, who was the justice of the peace for the pueblo of Miagao, received the P40 from Fornia and Mondido. Nofre later requested the money, and Nobleza only turned over P10, making excuses for withholding the remaining P30. Nofre’s attempts to retrieve the balance, including sending his mother, were also met with excuses by Nobleza. Subsequently, a complaint was filed against Nobleza, and Fornia and Mondido were released. Nofre then filed a complaint against Nobleza for estafa. Nobleza was arrested, underwent a preliminary investigation before the justice of the peace of Iloilo, and the case was remitted to the Court of First Instance due to jurisdictional concerns. Nobleza posted a bond. The fiscal of Iloilo filed a complaint for estafa against Nobleza, who was tried and sentenced. Nobleza did not deny receiving the P40 and failing to return the remaining P30 by the time of the trial. His assignments of error concerned the jurisdiction of the Court of First Instance and the sufficiency of the evidence.

ISSUE
Whether or not the Court of First Instance had jurisdiction over the case of estafa filed against the defendant, considering the potential penalties and the defendant’s position as a justice of the peace.

RULING
Yes. The Supreme Court held that the Court of First Instance had jurisdiction. Article 399 of the Penal Code provides for additional penalties for public officials who commit crimes specified in articles 534 to 541 of the Penal Code by taking advantage of their office. This additional penalty of temporary special disqualification, when considered alongside the penalty for estafa, placed the case within the jurisdiction of the Court of First Instance, even if the base penalty for estafa alone might have been below its minimum jurisdictional limit. The Court also found that Nobleza’s excuse for not returning the money, relating to his official record, indicated he believed he was acting in his capacity as justice of the peace. Furthermore, the Court found the evidence sufficient to convict Nobleza of estafa, modifying the sentence to include two and a half months imprisonment, indemnity to Salvador Nofre of P30, temporary special disqualification for eleven years and one day, subsidiary imprisonment in case of insolvency, and costs.