SPC ARANAS, MA. ISABEL D.

Subject: Civil Procedure 1

Professor: Judge Janice L. Andrade-Udarbe

People v. Mariano
G.R. No. L-40527 June 30, 1976
Rule 1: General Provisions

PEOPLE OF THE PHILIPPINES, petitioner,

vs.
HERMOGENES MARIANO and HON. AMBROSIO M. GERALDEZ, in his capacity as
Presiding Judge of the Court of First Instance of Bulacan, Branch V, respondents.

Facts:

- The Provincial Fiscal of Bulacan filed an Information accusing Hermogenes Mariano, an

appointed Liason Officer by the incumbent Municipal Mayor, Constantino Nolasco, of
estafa in the misappropriation of goods totaling to $717.50 or P4,797.35, belonging to the
said USAID/NEC.
- Hermogenes Mariano then Filed thru his counsel a motion to quash the information on
the grounds that the court trying the cause has no jurisdiction of the offense charged or of
the person of the defendant; that the criminal action or liability has been extinguished;
that it contains averments which, if true, would constitute a legal excuse or justification.
In his motion to quash Mariano claimed that the items which were the subject matter of
the information against him were the same items for which Mayor Nolasco was indicted
before a Military Commission under a charge of malversion of public property.
- Respondent Judge issued an Order granting the motion to quash on the ground of lack of
jurisdiction.

Issue
- Whether or not civil courts and military commissions exercise concurrent jurisdiction
over the offense of estafa.
 - Whether the Civil courts retained its jurisdiction over the estafa case despite the prior
Jurisdiction of the Military Commission.
- Whether the Respondent Judge’s ruling on jurisdiction was correct.

Ruling
- The Military Commission is not vested with jurisdiction over the crime of estafa, hence,
there is no concurrent jurisdiction between it and the respondent court. Estafa as
described in the Information filed in Criminal Case No. SM-649 falls within the sole
exclusive jurisdiction of civil courts.
- The Order granting the motion to quash filed by Mariano, is set aside and respondent
Judge is directed to proceed with the trial of Criminal Case No. SM-649 without further
delay.

Doctrine:
- The Jurisdiction of a court is determined by the statute in force at the time of the
commencement of the action.
- The conferment of jurisdiction upon courts or judicial tribunals is derived exclusively
from the constitution and statues of the forum.