Nature: instant
petition for certiorari, seeks to annul and
set aside the orders of denial issued by RTC Manila, Branch XIX on her Motion to Quash/Dismiss and Motion for Reconsideration The Motion
to Dismiss was anchored on the following grounds
o (a)
the court has no jurisdiction over the case and
o (b)
the subject matter is purely civil in nature.
Facts:
·
Solemnidad M. Buaya was an insurance agent who was authorized to
transact and collect the premiums
for CBIC.
·
Buaya is required to account and remit premium
collections to the principal office of private respondent located in the City
of Manila.
·
An audit showed a shortage in the amount of P358,850.72.
·
She was charged with estafa before the RTC-Manila.
·
She filed a motion
to dismiss which was denied by respondent Judge. The subsequent motion for reconsideration of this
order of denial was also denied.
·
Buaya:
o Manila
RTC has no jurisdiction because she is based in Cebu City and necessarily the
funds she allegedly misappropriated were collected in Cebu City.
o Subject
matter is purely civil in nature because the fact that CBIC separately filed a
civil case involving the same alleged misappropriated amount.
·
CBIC:
o Denial
of a motion to dismiss or to quash, being interlocutory in character, cannot be
questioned by certiorari and it cannot be the subject of appeal until
final judgment or order rendered (See. 2, Rule 41, Rules of Court).
o Procedure
to be followed is to enter a Plea, go to trial and if the decision is adverse,
reiterate the issue on appeal from the final judgment (Newsweek Inc. v. IAC)
Issue/Held:
1. WON denial
of a motion to dismiss or to quash, being interlocutory in character,
cannot be questioned by certiorari and it cannot be the subject of appeal
until final judgment or order rendered?
·
As a general rule, YES, but there are exceptions
because it would be unfair to require the defendant or accused to undergo the
ordeal of a trial if the court has no jurisdiction over the subject matter or
offense or it is not the court of proper venue.
2. WON the Manila RTC has jurisdiction?
Allegations of complaint as basis
·
YES. Jurisdiction of court is based on the COMPLAINT.
·
Averments
in the complaint or information characterize the crime to be prosecuted and
the court before which it must be tried
(Balite v. People).
·
The jurisdiction of courts in criminal cases is determined by the allegations of the
complaint or information, and not by the findings the court may make after the
trial (People v. Mission, 87 Phil. 641).
Essential Elements of a crime
·
Section 14(a), Rule 110 of the Revised Rules of
Court:
o In
all criminal — prosecutions the action shall be instituted and tried in the
court of the municipality or province wherein the offense was committed or any
of the essential elements thereof took place.
·
Besides, the crime of estafa is a continuing or transitory offense which
may be prosecuted at the place where any
of the essential elements of the
crime took place. One of the essential elements of estafa is damage or prejudice to the offended party.
The failure to remit the insurance premiums she collected allegedly caused
damage and prejudice to private respondent in Manila.
Dispositive:
Petition DISMISSED for lack of merit. Remanded to RTC.
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