G.R. No.

164258, August 22, 2012, 

ESTRELLA TAGLAY, PETITIONER, VS. JUDGE MARIVIC TRABAJO DARAY AND LOVERIE
PALACAY, RESPONDENTS.

FACTS:
Estrella was charged with Qualified Trespass to Dwelling before the Municipal
Circuit Trial Court of Sta. Maria-Malita-Don Marcelino, Davao and was later arraigned on
June 7, 2002. On August 15, 2002, the MCTC issued an order directing the transfer of the case
to the Regional Trial Court Branch 20, finding that the private complainant, Loverei, was a
minor at the time of the commission of the alleged offense. The case was then transferred
to the RTC which assumed jurisdiction. Before the last witness for the prosecution was
presented, however, Estrella filed a Motion to Dismiss, alleging that the MCTC erroneously
transferred her case to the RTC, and the RTC lacked jurisdiction over the case, she not
having been arraigned before the RTC.
The RTC denied her motion to dismiss on the ground that such transfer was valid
under Administrative Matter No. 99-1-13-SC and Circular No. 11-99. Moreover, the RTC
said that the absence of arraignment was cured when petitioner’s counsel entered into trial
without objecting that his client had not yet been arraigned. Estrella petitioned for review
on certiorari before the Supreme Court.

ISSUE:
WON the MCTC has authority to transfer the case to the RTC
WON the RTC has jurisdiction
HELD:
The Supreme Court held that Administrative Matter No. 99-1-13-SC and Circular No.
11-99 are applicable only to Family Courts cases which were filed with first-level courts
prior to the effectivity of the said Resolution on March 1, 1999. The resolution stated that
“pending the constitution and organization of the Family Courts and the designation of
branches of the Regional Trial Courts as Family Courts in accordance with Section 17
(Transitory Provisions) of R.A. 8369, there is a need to provide guidelines in the hearing
and determination of criminal cases falling within the jurisdiction of Family Courts which
have heretofore been filed with first-level courts.” Thus all cases filed with first-level courts
after the effectivity of the Resolution on March 1, 1999 should be dismissed for lack of
jurisdiction. Thus, in the present case, the MCTC no longer has authority to transfer the
case to the RTC because Circular 11-99 is no longer applicable.
The SC further stated that what justifies the dismissal of the case is that the
Information filed with the MCTC cannot be used as a basis for the valid indictment of
petitioner before the RTC acting as a Family Court, because there was no allegation therein
of private complainant’s minority. Such defect in the information denies the RTC any
jurisdiction rendering any decision thereafter null and void. The RTC does not acquire
jurisdiction over the case itself until its jurisdiction is invoked through the filing of a valid
information.