07) Hector Treñas vs.

People of the Philippines

G. R. No. 195002 | 2012-01-25 | SERENO, J.: SC Ruling
Hector asserts that nowhere in the evidence presented by the prosecution does it show that
Doctrine P150,000 was given to and received by petitioner in Makati City. The only time Makati City was
Where life or liberty is affected by its proceedings, courts must keep strictly within the limits of mentioned was with respect to the time when the check provided by petitioner was
the law authorizing them to take jurisdiction and to try the case and render judgment thereon dishonored by Equitable-PCI Bank in its De la Rosa-Rada Branch in Makati. Hector asserted that
the prosecution witness failed to allege that any of the acts material to the crime of estafa had
Recit ready occurred in Makati City. Thus, the trial court failed to acquire jurisdiction over the case.
Sometime in December 1999, Margarita Alocilja wanted to buy a house-and-lot in Iloilo CitY. It
was then mortgaged with Maybank. The bank manager Joselito Palma recommended Atty. The overarching consideration in this case is the principle that, in criminal cases, venue is
Hector Treñas to Elizabeth, who was an employee and niece of Margarita, for advice regarding jurisdictional. A court cannot exercise jurisdiction over a person charged with an offense
the transfer of the title in the latter's name. Hector informed Elizabeth that for the titling of the committed outside its limited territory. In Isip v. People, this Court explained:
property in the name of her aunt Margarita, expenses would be incurred. Thereafter, Elizabeth
gave P150,000.00 to Hector who issued a corresponding receipt but the latter misappropriated The place where the crime was committed determines not only the venue of the action but is
and converted it to his own personal use. an essential element of jurisdiction. It is a fundamental rule that for jurisdiction to be acquired
by courts in criminal cases, the offense should have been committed or any one of its essential
RTC rendered a Decision finding petitioner guilty of the crime of Estafa. CA affirmed. ingredients should have taken place within the territorial jurisdiction of the court. Territorial
jurisdiction in criminal cases is the territory where the court has jurisdiction to take cognizance
The Facts or to try the offense allegedly committed therein by the accused. Thus, it cannot take
 In 1999, Margarita Alocilja (Margarita) wanted to buy a house-and-lot in Iloilo City. It jurisdiction over a person charged with an offense allegedly committed outside of that limited
was then mortgaged with Maybank. territory. Furthermore, the jurisdiction of a court over the criminal case is determined by the
 The bank manager Joselito Palma recommended Hector Treñas (Hector) to Elizabeth, allegations in the complaint or information. And once it is so shown, the court may validly take
who was an employee and niece of Margarita, for advice regarding the transfer of the cognizance of the case. However, if the evidence adduced during the trial shows that the
title in the name of Margarita. Hector informed Elizabeth of the expenses for the offense was committed somewhere else, the court should dismiss the action for want of
titling of the property. jurisdiction.
 Thereafter, Elizabeth gave P150,000.00 to Hector who issued a corresponding receipt
and prepared a Deed of Sale with Assumption of Mortgage. In this case, the prosecution failed to show that the offense of estafa under Section 1,
 Subsequently, Hector gave Elizabeth Revenue Official Receipt worth P120,000. paragraph (b) of Article 315 of the RPC was committed within the jurisdiction of the RTC of
However, when she consulted with the BIR, she was informed that the receipts were Makati City.
fake. When confronted, Hector admitted to her that the receipts were fake and that
he used the P120,000.00 for his other transactions. Elizabeth demanded the return of Aside from the lone allegation in the Information, no other evidence was presented by the
the money. prosecution to prove that the offense or any of its elements was committed in Makati City.
 Hector issued in favor of Elizabeth a Bank of Commerce check in the amount of
P120,000.00, deducting from P150,000.00 the P30,000.00 as attorney's fees. When The rule is settled that an objection may be raised based on the ground that the court lacks
the check was deposited with the PCIBank, Makati Branch, the same was dishonored jurisdiction over the offense charged, or it may be considered motu proprio by the court at any
for the reason that the account was closed. stage of the proceedings or on appeal.,Moreover, jurisdiction over the subject matter in a
 Notwithstanding repeated formal and verbal demands, appellant failed to pay. Thus, criminal case cannot be conferred upon the court by the accused, by express waiver or
the instant case of Estafa was filed against him. otherwise. That jurisdiction is conferred by the sovereign authority that organized the court
 During arraignment, Hector, acting as his own counsel, entered a plea of "Not Guilty." and is given only by law in the manner and form prescribed by law.
Allegedly due to old age and poor health, and the fact that he lives in Iloilo City, he
was unable to attend the pre-trial and trial of the case. It has been consistently held by this Court that it is unfair to require a defendant or accused to
undergo the ordeal and expense of a trial if the court has no jurisdiction over the subject
Lower courts ruling matter or offense or it is not the court of proper venue. Section 15 (a) of Rule 110 of the
The RTC rendered a decision finding Hector guilty of the crime of Estafa -- MR denied. CA Revised Rules on Criminal Procedure of 2000 provides that "subject to existing laws, the
affirmed. criminal action shall be instituted and tried in the court of the municipality or territory where
the offense was committed or where any of its essential ingredients occurred." This
fundamental principle is to ensure that the defendant is not compelled to move to, and appear
Issue: W/N the lower court erred in ruling that the accused had to present evidence in support in, a different court from that of the province where the crime was committed as it would
of the defense of lack of jurisdiction even if it was apparent in the evidence of the prosecution. cause him great inconvenience in looking for his witnesses and other evidence in another place.
-- YES This principle echoes more strongly in this case, where, due to distance constraints, coupled
with his advanced age and failing health, Hector was unable to present his defense in the
charges against him.

There being no showing that the offense was committed within Makati, the RTC of that city has
no jurisdiction over the case.

Dispositive Portion
WHEREFORE, the Petition is GRANTED. The Decision dated 9 July 2010 and the Resolution
dated 4 January 2011 issued by the Court of Appeals in CA-G.R. CR No. 32177 are SET ASIDE on
the ground of lack of jurisdiction on the part of the Regional Trial Court, Branch 137, Makati
City. Criminal Case No. 01-2409 is DISMISSED without prejudice. This case is REFERRED to the
IBP Board of Governors for investigation and recommendation pursuant to Section 1 of Rule
139-B of the Rules of Court. SO ORDERED.