CRIM PRO PEOPLE VS EDUARTE

PEOPLE OF THE PHILIPPINES, vs. HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS

G.R. No. 88232 February 26, 1990

Facts:

            Alma T. Aggabao filed  with the RTC, an information against private respondents Elvino Aggabao and Villa Suratos for the crime of concubinage. Upon being arraigned, private respondents entered a plea of not guilty. During the trial, private respondents filed a motion to dismiss on the ground of lack of jurisdiction. 

            They argued that concubinage, under Art. 334 of the RPC is punishable with prision correccional in its minimum and medium periods, which is equivalent to imprisonment of six (6) months and one (1) day to four (4) years and two (2) months, well within the exclusive original jurisdiction of the Municipal Trial Court, and not of the RTC

            The prosecution filed an opposition to the motion contending that the RTC has jurisdiction over the crime of concubinage because destierro, the imposable penalty on the concubine has a duration of six (6) months and one (1) day to six (6) years. 

Issue:

1. Whether or not private respondents are estopped from raising the issue of jurisdiction after the prosecution has rested its case and the defense has started to present its evidence.

2. whether or not the Regional Trial Court has original jurisdiction over the crime of concubinage.

RULING

1. In our legal system, the question of jurisdiction may be raised at any stage of the proceedings. No judgment has yet been rendered by the trial court in this case. And as soon as the accused discovered the jurisdictional defect, they did not fail or neglect to file the appropriate motion to dismiss

2. That a crime punishable with the penalty of destierro is within the jurisdiction of the inferior courts. This is so because in the scale of penalties outlined in Art. 71, destierro comes after arresto mayor. * And since under the Judiciary Act of 1948 [Republic Act No. 296], crimes punishable with arresto mayor are within the jurisdiction of the inferior courts, it follows that crimes punishable with destierro are also within the jurisdiction of such courts. In explaining its conclusion that destierro is lighter than arresto mayor and therefore cognizable by the inferior courts.