TOGUAY, Paul Jeffrey U.

2019-80129
Block 4
ACCORDINGLY, the criminal complaint against petitioner is hereby ordered dismissed, without
prejudice to the right of the Municipal Government of Masinloc, Zambales, to collect, in a civil action
if need be, the unpaid rentals and surcharge due from petitioner.

Citation G.R. No. 71989

Date July 7, 1986

Petitioner AVELINA CONDE

Respondent HON. FELIX MAMENTA JR., as Presiding Judge of Branch LXX of the Regional Trial
Court, Third Judicial Region (Zambales), and the PEOPLE PEOPLE OF THE
PHILIPPINES

PRINCIPLES/ 1. Criminal jurisdiction is the authority to hear and try a particular offense
DOCTRINES and impose the punishment provided by law.

MELENCIO-HERRERA, J.:

FACTS:
Avelina Conde was one of the tenants in the oublic market in Masinloc Zambales. She usually
paid a Php 27.00 monthly rental. In 1980, the Sanguniang Bayan of Masinloc passed a Municipal
Ordinance, fixing the rates of monthly rentals of market stalls to Php 140.02. The Municipal Treasurer
came to collect rental from Avelina but Avelina refused to pay as the increased rate was excessive and
she had already questioned the matter before the Ministry of Local Government and Community
Development.

In 1982, a CRIMINAL COMPLAINT was filed against Avelina by the Acting Station Commander
of Masinloc, charging Avelina of violating the Revenue Code of Masinloc before the Municipal Circuit
of Masinloc and Palauig, Zambales.
 The court convicted Avelina of the violation on the ground that her refusal to pay was
tantamount to economic sabotage tot eh Municipal Government of Masinloc. She was ordered to
vacate the premises and to pay the Municipal Treasurer an amount of Php 4,701.64, representing the
monthly rentals and charges accumulated from 1980 to 1982.

Avelina filed an appeal before the Regional Trial Court of Zambales but the higher court
affirmed in too the decision made by the Municipal Circuit Court.

Avelina further appealed her case to the Immediate Appellate Court. The said court elevated
the case to the Supremem Court as one within the Court’s exclusive jurisdiction.

ISSUE:
1. Whether or not petitioner, Avelina E. Conde, can be prosecuted criminally for her failure to pay the
increased monthly rental of a market stall leased to her by a municipal (public) corporation.

RULING:
1. NO. Avelina E. Conde, canNOT be prosecuted criminally for her failure to pay the
increased monthly rental of a market stall leased to her by a municipal (public)
corporation for there being no offense defined nor punishment prescribed in the said
Revenue Code.

Criminal jurisdiction is the authority to hear and try a

particular offense and impose the punishment provided by law.
In the case at bar, neither one of the following enactments makes non-payment of fees an offense
nor provides for punishment for violation. The judgment itself is bereft of any criminal sanction. The
surcharge imposed by Section 5 B.05 for late or non-payment of monthly rentals is not a penalty under
criminal law but an additional amount added to the usual charge. It is more of an administrative
penalty, which should be recoverable only by civil action.

Thus, the Municipal Circuit Court, having no jurisdiction of the case on the ground that there is no
criminal sanction to the Municipal Revenue, should have dismissed the case outright.