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People Vs Blanco Digest
People Vs Blanco Digest
FACTS:
On September 28, 1948, in the municipality of Ilo-Ilo, the fiscal of said city filed against Claudio
Galicto and Roberto Sevilla an information charging them with the crime of theft of two trousers valued
at P28. The information also alleged that the two are habitual delinquents having been convicted of
theft on previous occasions. The municipal Judge believing that he has no jurisdiction, forwarded the
case to the Court of First Instance of Ilo-ilo. The city fiscal submitted on September 30, 1948 a motion for
the return which was denied by the respondent judge who took jurisdiction of the case. Hence this
petition for certiorari and mandamus.
ISSUE:
Whether or not the Court of First Instance of Ilo-ilo has jurisdiction of the case.
RULING:
No, the charter of the City of Iloilo provides that its municipal court shall have concurrent
jurisdiction with the Court of First Instance "over cases for larceny, embezzlement and estafa where the
amount of money or property stolen or embezzled does not exceed two hundred pesos.”
The jurisdiction of the municipal court of Iloilo, like that of Manila, in the matter of theft or
estafa, does not depend upon the extent of the penalty, but upon the value of the property stolen or
embezzled.
Thus, the jurisdiction of the case was returned to the municipal court.