legados vs. de guzman

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Legados vs. de Guzman Facts: Before the passage of BP 129, in 1911 a case was decided which does not grant jurisdiction to MTC on cases involving simple seduction (even though arresto menor) because of the liability imposed to the offender to support the offspring without taking into account various possibilities (e.g. WON there will be an offspring, etc.). In the case at bar, long before the passage of B.P. Big. 129, 5 a complaint for simple seduction 6 was filed with the then City Court of Dipolog (Branch 11, I believe MTC ni) against Vilmor Icao. The complaint was presented by the offended girl, Cora Legados, represented by her mother, Rosa, and was subsequently made the basis of an information filed by the First Assistant City Fiscal. 8 After entering a plea of not guilty on arraignment , Icao moved to quash the information on the ground that the City Court had no jurisdiction to try the offense, and the fiscal who filed the information bad no authority to do so. Motion denied. Icao thereupon instituted an action of prohibition 9 with the then Court of First Instance of Zamboanga City 10 which, in due course, granted the petition and permanently enjoined the proceedings in the City Court. It is this Order which is now assailed in this Court as having been rendered with grave abuse of discretion amounting to lack of jurisdiction. Issue: Whether or not the RTC may enjoin MTC from proceeding with the case due to lack of jurisdiction. Held: No more, because of BP 129 (remember remedial laws are curative). The writ of prohibition was, of course, correctly issued by the respondent Judge, being consistent with the doctrine obtaining at the time, i.e., that an inferior court had no jurisdiction over the crime of simple seduction. But, as already pointed out, the doctrine has since been changed. Now, the offense is explicitly declared by law to be within the exclusive original jurisdiction, no longer of Courts of First Instance (since abolished and replaced by Regional Trial Courts), but of Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.

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Case digest of Legados vs. de Guzman

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Legados vs. de GuzmanFacts:Before the passage of BP 129, in 1911 a case was decided which does not grant jurisdictionto MTC on cases involving simple seduction (even thougharresto menor !ecauseof thelia!ilit" imposed to the o#ender to support the o#spring without ta$ing into account variouspossi!ilities (e%g% &'( there will !e an o#spring, etc%%)nthecaseat !ar, long!eforethepassageof B%P% Big% 129, 5 acomplaint for simpleseduction 6 was*ledwiththethenCit"Court of +ipolog(Branch11, I believeMTCni) against ,ilmor )cao% Thecomplaint was presented!"theo#endedgirl, Cora-egados, represented!"hermother, .osa, andwassu!se/uentl"madethe!asisof aninformation*led!"the0irst1ssistant Cit" 0iscal% 8 1fter entering a plea of not guilt" on arraignment, Icao moved toquash the informationon the ground that the Cit" Court had no jurisdiction to tr" theo#ense, and the *scal who *led the information !ad no authorit" to do so% Motion denied% )cao thereupon instituted an action of prohi!ition 9 with the then Court of 0irst )nstance of2am!oanga Cit" 10 which, in due course,granted the petitionand permanentl" enjoinedtheproceedingsintheCit" Court% )tisthis'rderwhichis now assailed in thisCourtashaving !een rendered with grave a!use of discretion amounting to lac$ of jurisdiction%Issue: &hether or not the .TC ma" enjoin MTC from proceeding with the case due to lac$ ofjurisdiction%Held: (o more, !ecause of BP 129 (remem!er remedial laws are curative% Thewrit of prohi!itionwas, of course, correctl"issued!"therespondent 3udge, !eingconsistent withthedoctrineo!tainingat thetime, i%e%, that aninferior court hadnojurisdiction over the crime of simple seduction% But, as alread" pointed out, the doctrine hassince !een changed% (ow, the o#ense is e4plicitl" declared !" law to !e within the e4clusiveoriginal jurisdiction, no longer of Courts of 0irst )nstance (since a!olished and replaced !".egional Trial Courts, !ut of Metropolitan Trial Courts, Municipal Trial Courts, and MunicipalCircuit Trial Courts%