G.R. No. L-3612 December 29, 1950
AVELINO NATIVIDAD, PEDRO GABRIEL, and MIGUEL EVANGELISTA, petitioners, vs. RICARDO C. ROBLES, Justice of the Peace Court of Malabon, Rizal, respondent.

FACTS

Petitioners were charged with qualified trespass to dwelling in the Justice of the Peace Court of Malabon, Rizal. After a preliminary investigation, the case was elevated to the Court of First Instance (CFI). The Assistant Provincial Fiscal, instead of filing an information, moved for the case’s return to the Justice of the Peace Court for trial. The Justice of the Peace Court then set the case for trial. Petitioners filed this petition for prohibition, arguing that the CFI, not the Justice of the Peace Court, has original jurisdiction to try the case.

ISSUE

Whether the Justice of the Peace Court has original jurisdiction to try a case for qualified trespass to dwelling.

RULING

Yes. The petition is denied. Under Section 87(c) of Republic Act No. 296 (The Judiciary Act), Justice of the Peace Courts have original jurisdiction over specific offenses, including “trespass on Government or private property.” The phrase “private property” includes dwellings. This jurisdiction is concurrent with the CFI when the penalty exceeds six months imprisonment or a fine of more than P200. Since the offense charged falls under “trespass on private property,” the Justice of the Peace Court of Malabon has concurrent original jurisdiction. The CFI correctly returned the case to the court of origin.

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