PEOPLE V MARIANO and Hon.

Geraldez malversation were not among those enumerated within the redefinition of the
June 30, 1976|Munoz Palma jurisdiction of military tribunals. Thus, the Military Commission is not vested
with jurisdiction over estafa.
The Provincial Fiscal of Bulacan filed an Information accusing  Estafa and malversation are two different offenses
Hermogenes Mariano of estafa. As a liason officer of the municipal mayor of  Not concurrent jurisdictions, estafa is only under the civil courts
Bulacan, Mariano authorized to receive US excess property worth P4,797.35
of USAID/NEC. Mariano however, never delivered them despite repeated DISPOSITIVE: Proceed with the trial for Mariano.
demands and misappropriated the items.
RSAT
Mariano filed a motion to quash because (1) the court has no
jurisdiction of the offense or the person of the defendant, (2) the criminal
action has been extinguished, (3) it has averments which, if true, would be a
legal excuse or justification. He said that the items were the same items for
which Mayor Nolasco of San Jose del Monte, Bulacan, was convicted for
malversation of public property before a Military Commission. As the case for
Mayor Nolasco was already decided by the Military Tribunal, COFI Bulacan
does not have jurisdiction over the case against him. The motion was
granted by Hon. Geraldez because the Military Commission had already
taken cognizance of the malversation case against Mayor Nolasco re the
same subject matter in its concurrent jurisdiction with COFI Bulacan.

Issue: W/N COFI Bulacan has jurisdiction over the estafa case filed against
Mariano

Held:

Jurisdiction: from Latin, “juris” and “dico”, “I speak by the law”—the power
or capacity given by the law to the court or tribunal to entertain, hear and
determine certain controversies. It is the right of the judge to pronounce the
sentence of law in a case before him acquired through law.

Criminal Jurisdiction: the authority to hear and try a particular offense and
impose the penalty. Jurisdiction comes from the constitution or statutes.

Yes. In the Judiciary Act of 1948, COFI has jurisdiction over criminal cases in
which the penalty by law is more than 6 months or a fine of more than P200.
Estafa is punishable by arresto mayor max to prision correctional (4 months-
2 years). Mariano falls under the original jurisdiction.

In addition, Hon. Geraldez was wrong in saying his court has concurrent
jurisdiction w/ the military commission because the commission was the first
to take cognizance of the subject matter and COFI lost jurisdiction. In People
v Fontanilla, the jurisdiction of a court is determined by the statute in
force at the time of the commencement of the action. The case was filed
in COFI on Dec. 18, 1974 when the Judiciary Act of 1949 was enacted which
was not affected by G.O. 49/Martial Law enacted on Oct. 4, 1974. Estafa and