Pp v Villaraza Digest 1978

G.R. No. L-46228 January 17, 1978

THE PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. ROLANDO R. VILLARAZA (as City Judge of Cagayan de Oro City), and CAESAR PUERTO, respondents.

Francisco P. Rabanes, Edgardo Y. Raagas, Casiano A. Gamotin, Jr., Office of the City Fiscal of Cagayan de Oro City for petitioner.

Eric Menchavez for respondent Caesar Puerto.

AQUINO, J.:

Facts of the Case: 

        On October 16, 1974, Caesar Puerto issued two bouncing checks for the total sum of P4,966.63.

            City Judge Rolando R. Villaraza in his order March 31, 1976 noted that the accused had waived the second stage of the preliminary investigation. He directed that the case be elevated, for trial, to the Court of First Instance or the Circuit Criminal Court. His view is that the case falls within the exclusive original jurisdiction of the Court of First Instance because estafa committed by the accused is punishable by prision mayor medium under Presidential Decree No. 818 which amended article 315 of the Revised Penal Code.

           Upon petition of the prosecution, the Court of first Instance of Misamis Oriental, Cagayan de Oro Branch VIII returned the case to the city court because in its opinion the case falls within the concurrent jurisdiction of the two courts and, the city court, as the first court which took cognizance of the case, should try it.

Issue: 1. Whether or not the Presidential Decree No. 818 is applicable to the Puerto’s case.

           2.  Whether or not the case can be elevated for trial to the Court of First Instance.

Held: 

        1. No. The penalty of prision mayor medium, or eight years and one day to ten years, imposed by Presidential Decree No. 818, applies only to swindling by means of issuing bouncing checks committed on or after October 22, 1975. That increased penalty does not apply to estafa committed on October 16, 1974 because it would make the decree an ex post facto law.

      2. No. City courts shall try parties charged with an offense, in which the penalty provided by law does not exceed prision correccional or imprisonment for not more than six years or fine not exceeding six thousand pesos or both. Since the case of estafa imputed to Caesar Puerto is punishable under Article 325 of the Revised Penal Code by arresto mayor maximum to prision correctional minimum or four months and one day to two years and four months, the case shall be returned to the city court.