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    1) The jurisdiction of courts in criminal cases is determined by the allegations in the complaint or information. 2) The information charged the respondents with the crimes of direct assault and disturbance of public order, which are punishable by more than 6 months imprisonment and a fine of over 200 pesos, placing them under the original jurisdiction of the Court of First Instance. 3) While lower courts have jurisdiction over assaults where intent to kill is not charged, Article 148 of the Revised Penal Code defines and penalizes direct assaults against public order separately from ordinary assaults against persons under Title Eight of the Code.

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    1) The jurisdiction of courts in criminal cases is determined by the allegations in the complaint or information. 2) The information charged the respondents with the crimes of direct assault and disturbance of public order, which are punishable by more than 6 months imprisonment and a fine of over 200 pesos, placing them under the original jurisdiction of the Court of First Instance. 3) While lower courts have jurisdiction over assaults where intent to kill is not charged, Article 148 of the Revised Penal Code defines and penalizes direct assaults against public order separately from ordinary assaults against persons under Title Eight of the Code.

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    1) The jurisdiction of courts in criminal cases is determined by the allegations in the complaint or information. 2) The information charged the respondents with the crimes of direct assault and disturbance of public order, which are punishable by more than 6 months imprisonment and a fine of over 200 pesos, placing them under the original jurisdiction of the Court of First Instance. 3) While lower courts have jurisdiction over assaults where intent to kill is not charged, Article 148 of the Revised Penal Code defines and penalizes direct assaults against public order separately from ordinary assaults against persons under Title Eight of the Code.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    47 views2 pages

    SC Files 1

    Uploaded by

    Kenneth Holasca
    1) The jurisdiction of courts in criminal cases is determined by the allegations in the complaint or information. 2) The information charged the respondents with the crimes of direct assault and disturbance of public order, which are punishable by more than 6 months imprisonment and a fine of over 200 pesos, placing them under the original jurisdiction of the Court of First Instance. 3) While lower courts have jurisdiction over assaults where intent to kill is not charged, Article 148 of the Revised Penal Code defines and penalizes direct assaults against public order separately from ordinary assaults against persons under Title Eight of the Code.

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    © All Rights Reserved
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    of 2

    IRST DIVISION

    [G.R. No. L-15344. May 30, 1960.]

    JOSE R. VILLANUEVA, City Attorney of the City of Butuan, Petitioner, v.


    THE HON. MONTANO A. ORTIZ, Judge of the Court of First Instance of
    Agusan, ANTONIO MORDENO and MALAQUIAS FORTUN, Respondents.

    City Attorney José R. Villanueva for Petitioner.

    Marcos M. Calo, Francisco Ro. Cupin and Tranquilino O. Calo, Jr.


    for Respondents.

    SYLLABUS

    1. COURTS; JURISDICTION IN CRIMINAL CASES DETERMINED BY THE


    ALLEGATION IN COMPLAINT OR INFORMATION. — Settled is the rule that the
    jurisdiction of courts in criminal cases is determined by the allegations of the
    complaint or information.

    2. ID.; ID.; INFORMATION CHARGING CRIMES OF DIRECT ASSAULT AND


    DISTURBANCE OF PUBLIC ORDER. — The Revised Penal Code (Article 148)
    imposes the penalty of imprisonment of prision correccional in it medium and
    maximum periods and a fine not exceeding 1,000 pesos upon anyone who
    commits the crime of direct assault when the offender lays hands upon a person
    in authority. And Article 153 of the same Code imposes the penalty of arresto
    mayor in its medium period to prision correccional in it minimum period and a
    fine not exceeding 1,000 pesos for any serious disturbance in a public place,
    office or establishment, or interruption or disturbance of public performances,
    functions or gatherings or peaceful meetings. Each separate crime charged in the
    information is, therefore, punishable with imprisonment of more than six months
    and a fine of more than two hundred pesos. Consequently, they are, according to
    section 44, paragraph (f) of the Judiciary Act of 1948 (Republic Act 296), within
    the original jurisdiction of the Court of First Instance.

    3. ID.; ID.; DIRECT ASSAULT UNDER ARTICLE 148 OF THE REVISED PENAL
    CODE; DISTINCTION BETWEEN ARTICLE 148 AND SEC. 87(C), PARAGRAPH 2 OF
    THE JUDICIARY ACT OF 1948. — While section 87 (c), paragraph 2, of the
    Judiciary Act (Republic Act 296) provides that the Justice of the Peace Court and
    Municipal Court have original jurisdiction over cases of "Assault where the intent
    to kill is not charged or evident upon trial", this does not include direct assaults
    defined and penalized under Article 148 of the Revised Penal Code. "Assault
    where the intent to kill is not charged or evident upon trial" apparently refers to
    crimes against persons under Title Eight of the Code. Direct assaults defined
    under Article 148, on the other hand, are crimes against public order falling
    under Article Three of the Code. In direct assaults, the victim is a person in
    authority or his agent, and the attack, employment of force or intimidation is
    committed on the occasion of the performance of official duties or by reason of
    such performance. Also punishable as direct assault is the employment of force
    or intimidation without a public uprising for the attainment of any of the
    purposes enumerated in defining the crimes of rebellion and sedition. The
    principal object of Article 148 is to penalize the commission of acts against public
    order as may be indicated by its classification in the Revised Penal Code.

    4. ID.; ID.; ID.; OFFENSES UNDER SECTION 87 (c) OF THE JUDICIARY ACT;
    CONCURRENT JURISDICTION OF COURTS OF FIRST INSTANCE AND INFERIOR
    COURTS. — The jurisdiction of Municipal Courts and Justices of the Peace over
    the specific offenses mentioned in section 87 (c) of the Judiciary Act is
    concurrent with Court of First Instance when the penalty to be imposed exceeds
    six months imprisonment or a fine or more than two hundred pesos.

    5. ID.; ID.; ID.; ID.; RULE STATED. — When two or more courts have
    concurrent jurisdiction, the first to validly acquire it takes it to the exclusion of
    the other or the rest.

    6. CRIMINAL LAW; COMPLEX CRIME; ASSAULT UPON A PERSON IN AUTHORITY


    WITH DISTURBANCE OF PUBLIC ORDER. — Where it is alleged in the information
    that the accused by laying hands upon election inspectors and watchers in public
    places had cause serious disturbance an interrupted or disturbed public
    performances and functions, they are thus charged with the complex crime of
    assault upon a person in authority with disturbance of public order.

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