Scribd Logo
Upload

Welcome to Scribd!

  • 53 views

    DIGEST - (14) People vs. Magallanes

    Uploaded by

    Dannielle Anne Caliosan
    - The trial court judge ruled that the Sandiganbayan does not have jurisdiction over the criminal cases of kidnapping with murder against the accused PNP officers. The prosecution appealed, arguing the offenses were committed in relation to the officers' positions. However, the Supreme Court agreed with the trial court, finding that the offenses were not intimately connected to the officers' public offices. Even if the Sandiganbayan had jurisdiction originally, a new law now requires such cases in its pre-trial stage to be referred to regular trial courts. Thus, transferring the cases to the Sandiganbayan would be futile as it would just refer the cases back to the trial court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    DIGEST - (14) People vs. Magallanes

    Uploaded by

    Dannielle Anne Caliosan
    53 views2 pages
    - The trial court judge ruled that the Sandiganbayan does not have jurisdiction over the criminal cases of kidnapping with murder against the accused PNP officers. The prosecution appealed, arguing the offenses were committed in relation to the officers' positions. However, the Supreme Court agreed with the trial court, finding that the offenses were not intimately connected to the officers' public offices. Even if the Sandiganbayan had jurisdiction originally, a new law now requires such cases in its pre-trial stage to be referred to regular trial courts. Thus, transferring the cases to the Sandiganbayan would be futile as it would just refer the cases back to the trial court.

    Original Title

    DIGEST — (14) People vs. Magallanes

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    - The trial court judge ruled that the Sandiganbayan does not have jurisdiction over the criminal cases of kidnapping with murder against the accused PNP officers. The prosecution appealed, arguing the offenses were committed in relation to the officers' positions. However, the Supreme Court agreed with the trial court, finding that the offenses were not intimately connected to the officers' public offices. Even if the Sandiganbayan had jurisdiction originally, a new law now requires such cases in its pre-trial stage to be referred to regular trial courts. Thus, transferring the cases to the Sandiganbayan would be futile as it would just refer the cases back to the trial court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    53 views2 pages

    DIGEST - (14) People vs. Magallanes

    Uploaded by

    Dannielle Anne Caliosan
    - The trial court judge ruled that the Sandiganbayan does not have jurisdiction over the criminal cases of kidnapping with murder against the accused PNP officers. The prosecution appealed, arguing the offenses were committed in relation to the officers' positions. However, the Supreme Court agreed with the trial court, finding that the offenses were not intimately connected to the officers' public offices. Even if the Sandiganbayan had jurisdiction originally, a new law now requires such cases in its pre-trial stage to be referred to regular trial courts. Thus, transferring the cases to the Sandiganbayan would be futile as it would just refer the cases back to the trial court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    G.R. Nos.

    118013-14 | October 11, 1995


    PEOPLE OF THE PHILIPPINES
    vs.
    HON. DEMOSTHENES L. MAGALLANES, as Presiding Judge of the Regional Trial Court, Branch
    54, Bacolod City

    FACTS:
    - Accused P/Col. Nicolas Torres is the Station Commander of PNP Bacolod City Station.
    The spouses Charles and Jeanette Dumancas complained in Torres' station that they
    were swindled by a group of men. Induced by the spouses who filed a complaint, Torres
    instructed his men to look for Rufino Gargar and Danilo Lumangyao who were suspected
    to be members of the group who swindled the couple. So, the other co-defendants
    arrested and abducted Gargar and Lumangyao. Also upon order by Torres, the two
    suspects were brought to Dragon Lodge Motel where they were investigated by the other
    defendants.
    - Later, they were transferred to the Ceres Compound where Jeanette Dumancas identified
    Lumangyao as a member of the group who swindled her. When he asked about the
    money that was taken from her, Lumangyao replied that the money was already divided
    among his partners a long time ago. Later, the two suspects were killed and Torres
    instructed his men who were present in the crime that they should hide because the NBI
    is after them. When the information was filed against the accused, the prosecution
    presented a co-conspirator, Moises Grandeza, as its witness.
    - On June 24, 1994, the private prosecutors moved for the transmittal of the records of the
    cases to the Sandiganbayan on the ground that, pursuant to the Supreme Court decision
    in Republic of the Philippines vs. Asuncion, "the trial court has no jurisdiction over the
    cases because the offenses charged were committed in relation to the office of the
    accused PNP officers".
    - On August 15, 1994, the trial court Judge ruled that the Sandiganbayan does not have
    jurisdiction over the subject cases because the information filed "do not state the
    offenses were committed in relation to the office of the accused PNP officers". The
    Judge held that the allegation stated in the information that the PNP officers took
    advantage of their office in their commission of the offense is merely an allegation of an
    aggravating circumstance. Moreover, the Judge also held that "public office is not a
    constituent element of the offense of kidnapping with murder nor is the said offense
    intimately connected with the office".
    - On September 7, 1994, the prosecution moved for a reconsideration. But, it was denied
    too by the trial court claiming that there is no intimate connection between the offense
    charged and the position of the accused and that the information emphasized that the
    accused were "moved by selfish motives of ransom and extortion". Hence, the
    prosecution filed a petition for certiorari, prohibition, and mandamus with a prayer for a
    temporary restraining order challenging the refusal of the respondent Judge to transfer
    the cases to the Sandiganbayan.

    ISSUE:
    - Whether or not the two criminal cases fall under the jurisdiction of the Sandiganbayan.

    RULING:
    - No, the case is no longer cognizable by the Sandiganbayan.
    - Ordinarily, jurisdiction once acquired is not affected by subsequent legislative enactment
    placing jurisdiction in another tribunal. It remains with the court until the case is finally
    terminated. Hence, the Sandiganbayan or the courts, as the case may be, cannot be
    divested of jurisdiction over cases filed before them by reason of R.A. No. 7975. They
    retain their jurisdiction until the end of the litigation.
    - In the instant case, the Sandiganbayan has not yet acquired jurisdiction over the subject
    criminal cases, as the information was filed not before it but before the Regional Trial
    Court. Even if we labor under the foregoing assumption that the informations in the
    subject cases do charge the respondent PNP officers with offenses committed in
    relation to their office so that jurisdiction thereof would fall under the Sandiganbayan,
    and assuming further that the informations had already been filed with the said tribunal
    but hearing thereon has not begun yet, the Sandiganbayan can no longer proceed to hear
    the cases in view of the express provision of Section 7 of R.A. No. 7975. That section
    provides that upon the effectiveness of the Act, all criminal cases in which trial has not
    yet begun in the Sandiganbayan shall be referred to the proper courts. Hence, cases
    which were previously cognizable by the Sandiganbayan under P.D. No. 1606, as
    amended, but are already under the jurisdiction of the courts by virtue of the amendment
    introduced by R.A. No. 7975, shall be referred to the latter courts if hearing thereon has
    not yet been commenced in the Sandiganbayan.
    - It would, therefore, be a futile exercise to transfer the cases to the Sandiganbayan
    because the same would anyway be transferred again to the Regional Trial Court
    pursuant to Section 7 of the new law in relation to Section 2 thereof.

    You might also like