United States v. Cunanan
REITERATIONFacts
The Antecedents: Apolinario Cunanan was charged with desertion under Act No. 1980. The complaint alleged that on or about June 22, 1912, Cunanan, while enlisted as a seaman in the Bureau of Navigation and assigned to the steamship Rover, willfully, unlawfully, and feloniously absented himself for more than ten days before his enlistment expired, without license from his superiors and with the intention not to return. This abandonment occurred while the steamship Rover was in the navigable jurisdictional waters of the Philippine Islands, specifically tied up at the port of Cebu, Province of Cebu. Procedural History: The complaint was filed in the Court of First Instance of Manila. The defendant demurred to the complaint on the grounds that the court lacked jurisdiction over the person or subject matter, the complaint did not state sufficient facts to constitute a cause of action, and it was ambiguous, unintelligible, and uncertain. The Honorable Simplicio del Rosario sustained the demurrer, holding that the Court of First Instance of Manila did not have jurisdiction to try the accused and ordered him delivered to the proper authorities in Cebu. The Attorney-General appealed this decision. The Petition: The Attorney-General contended that desertion is a continuing offense and that any court in whose jurisdiction the defendant is found may try the case. The Supreme Court reviewed this contention.
Issue(s)
Whether the Court of First Instance of Manila has jurisdiction to try the accused for the crime of desertion when the complaint alleges the offense was committed in the Province of Cebu. Whether the offense of desertion under Act No. 1980 is a continuing offense that can be tried in any jurisdiction where the defendant is found.
Ruling
The Supreme Court affirmed the judgment of the lower court sustaining the demurrer, holding that the Court of First Instance of Manila was without jurisdiction to try the offense because the complaint did not allege that the crime was committed within its jurisdiction. The case was remanded to the lower court with permission for the plaintiff to amend the complaint within five days.
Ratio Decidendi
On the jurisdiction of the Court of First Instance of Manila: The Court held that the jurisdiction of the Courts of First Instance in criminal cases is limited to certain well-defined territories and they cannot take jurisdiction of persons charged with an offense alleged to have been committed outside that limited territory. The complaint explicitly alleged that the offense was committed in the Province of Cebu, and there was no allegation that it was committed within the jurisdiction of the Court of First Instance of Manila. A complaint that positively shows an offense was not committed within the court's jurisdiction is demurrable. On whether desertion under Act No. 1980 is a continuing offense: While the Court acknowledged the concept of continuing or transitory offenses recognized at common law, such as larceny, where the offense is considered to be continuously committed wherever the defendant is found with the stolen property, it noted that many states have regulated this by statute. The Court found no such provision in Act No. 1980 that would allow a trial in any jurisdiction where the defendant is found, unlike provisions for conspiracy to commit robbery under Act No. 518. The theory for trying continuing offenses in any jurisdiction is based on a new commission of the offense in the new jurisdiction, and the complaint in such cases would allege commission within the found jurisdiction, not elsewhere. Since the complaint here positively alleged commission in Cebu, the Court did not definitively rule on whether desertion is a continuing offense under Act No. 1980, but rather focused on the lack of jurisdictional allegation in the complaint.
Main Doctrine
A Court of First Instance lacks jurisdiction to try an offense if the complaint does not allege that the crime was committed within its territorial jurisdiction, even if the offense might be considered continuing or transitory in nature.