G.R. No. L-37270 July 30, 1982
PEOPLE OF THE PHILIPPINES, represented by 5th Assistant Provincial Fiscal Rodolfo R. Aquino, of Pangasinan, petitioner, vs. HON. MAGNO B. PABLO, Judge of the Court of First Instance of Pangasinan, Branch XIII and FLORENDO CARACAS, JR., respondents.

FACTS

The Acting Chief of Police of Bolinao, Pangasinan, filed a complaint for Serious Physical Injuries under Article 263 of the Revised Penal Code against Florendo Caracas, Jr., in the Municipal Court. The complaint alleged that Caracas struck the victim with a stone, causing lacerations and the loss of seven teeth, resulting in the deformation of the victim’s mouth. The Municipal Court forwarded the case to the Court of First Instance (CFI) after Caracas waived the preliminary investigation. The Assistant Provincial Fiscal, instead of filing an information in the CFI, moved to remand the case to the Municipal Court for trial on the merits.
The Fiscal argued that the offense, being an assault where intent to kill was not charged, fell under the concurrent jurisdiction of both courts pursuant to the Judiciary Act. He contended that the Municipal Court first acquired jurisdiction upon the filing of the complaint, which did not indicate it was solely for preliminary investigation, thereby excluding the CFI. Respondent CFI Judge Magno B. Pablo denied the motion, ruling that the case did not fall under concurrent jurisdiction and that the Municipal Court’s actions constituted a preliminary investigation, thus properly forwarding the case to the CFI for further proceedings.

ISSUE

Whether the Municipal Court of Bolinao acquired exclusive jurisdiction to try the case on the merits, thereby precluding the Court of First Instance from taking cognizance of it.

RULING

The Supreme Court granted the petition, ruling in favor of the Fiscal. The legal logic is anchored on the doctrine of concurrent jurisdiction and the proper procedure for cases falling within it. The offense of Serious Physical Injuries as described, constituting an assault without intent to kill, explicitly falls under the concurrent jurisdiction of municipal courts and Courts of First Instance under the Judiciary Act.
The Court, citing People v. Abejuela and People v. Endan, held that for offenses within concurrent jurisdiction, the accused is not entitled to a preliminary investigation. The municipal court should proceed to try the case on the merits upon the filing of the complaint. The preliminary investigation conducted by the Municipal Judge was therefore erroneous. The complaint filed by the Chief of Police, lacking any indication it was filed solely for preliminary investigation, vested jurisdiction in the Municipal Court to the exclusion of the CFI. Consequently, the Municipal Court erred in forwarding the records, and the CFI Judge erred in refusing the remand. The orders were set aside, and the case was ordered remanded to the Municipal Court for trial.