G.R. No. L-6188, January 4, 1911
THE UNITED STATES, plaintiff-appellee, vs. CARLOS CASTAÑARES, defendant-appellant.

FACTS

The provincial fiscal of Bohol filed an information charging Carlos Castañares with the crime of injurias graves (grave slander). The information alleged that on or about September 14, 1909, Castañares, as captain of the steamship Jayme Vaño, publicly and with intent to dishonor, discredit, and insult Jerry Klauck, uttered the words: “Bantay camo sa ato, cay dunay tao nga hilu-an” (“Be careful in our town as there is a man who is a poisoner”) while pointing at Klauck. The information stated it was filed “at the instance” of the offended party, Jerry Klauck. Castañares was tried and convicted in the Court of First Instance.

ISSUE

Whether the Court of First Instance acquired jurisdiction over the offense of injurias graves based on the information filed by the provincial fiscal, instead of a sworn complaint filed directly by the offended party as required by law.

RULING

No. The Court of First Instance had no jurisdiction over the offense. The information and all proceedings based thereon are ordered dismissed.

Section 1 of Act No. 1773 expressly provides that criminal proceedings for the crimes of adulterio (adultery), estupro (seduction), and injuria (slander) can only be instituted upon a complaint filed by the aggrieved party, or his/her parents, grandparents, or guardian. Following the precedent in United States v. Narvas, the required “complaint” is a sworn written statement as defined in Section 4 of General Orders No. 58. The information filed by the fiscal, even if initiated at the instance of the offended party, does not constitute the sworn complaint mandated by law. Jurisdiction over the subject matter in a criminal case is conferred solely by law and cannot be waived or conferred by the parties. Since the court lacked jurisdiction from the outset, the objection may be raised at any stage of the proceedings, even for the first time on appeal. The dismissal is with costs de oficio.