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Schneckenburger V Moran
Schneckenburger V Moran
G.R. No. L-44896 the original jurisdiction possessed and exercised by the Supreme Court of
July 31, 1936 the Philippine Islands at the time of the adoption of the Constitution was
NOT exclusive.
ABAD SANTOS, J.: The Constitution of the United States provides that the Supreme Court shall
have "original jurisdiction" in all cases affecting ambassadors, other public
FACTS: ministers, and consuls. In construing this constitutional provision, the
The petitioner was duly accredited honorary consul of Uruguay at Manila, Supreme Court of the United States held that the "original jurisdiction thus
Philippine Islands on June 11, 1934. He was subsequently charged in the conferred upon the Supreme Court by the Constitution was not exclusive
Court of First Instance of Manila with the crime of falsification of a private jurisdiction, and that such grant of original
document. He objected to the jurisdiction of the court on the ground that The laws in force in the Philippines prior to the inauguration of the
both under the Constitution of the United States and the Constitution of the Commonwealth conferred upon the Courts of the First Instance original
Philippines the court below had no jurisdiction to try him. jurisdiction in all criminal cases to which a penalty of more than six months'
In support of this petition counsel for the petitioner contend imprisonment or a fine exceeding one hundred dollars might be imposed.
(1) That the Court of First Instance of Manila is without jurisdiction to try (Act No. 136, sec. 56.) Such jurisdiction included the trial of criminal
the case filed against the petitioner for the reason that under Article III, actions brought against consuls for, as we have already indicated, consuls,
section 2, of the Constitution of the United States, the Supreme Court of the not being entitled to the privileges and immunities of ambassadors or
United States has original jurisdiction in all cases affecting ambassadors, ministers, are subject to the laws and regulations of the country where they
other public ministers, and consuls, and such jurisdiction excludes the reside jurisdiction did not prevent Congress from conferring original
courts of the Philippines; and jurisdiction in cases affecting consuls on the subordinate courts of the
(2) that even under the Constitution of the Philippines original jurisdiction Union.
over cases affecting ambassadors, other public ministers, and consuls, is
conferred exclusively OTHER NOTES:
1. This case involves no question of diplomatic immunity. It is well settled
upon the Supreme Court of the Philippines. that a consul is not entitled to the privileges and immunities of an
ambassador or minister, but is subject to the laws and regulations of the
DECISION OF LOWER COURTS: country to which he is accredited. A consul is not exempt from criminal
*CFI: overruled his motion. prosecution for violations of the laws of the country where he resides.
Hence, he filed this PETITION FOR A WRIT OF PROHIBITION with a
view to preventing the Court of First Instance of Manila from taking
cognizance of the criminal action filed against him.
ISSUE:
WON that the Court of First Instance of Manila has jurisdiction to try the
petitioner and not the SC as provided in the constitution
HELD: