People v. Villacruces
REITERATIONFacts
The Antecedents: The provincial fiscal of Cebu filed an information against Sergio Villacruces for estafa. The accused, as navigating officer of the steamer Jayme Vaño, was entrusted with a sealed package containing P6,000 by Messrs. Cang-Suco Bros. to be delivered to Florentino Dy in Dulag, Leyte. The accused issued a bill of lading for the package. Upon arrival in Dulag, the accused delivered the package to Florentino Dy, but it was found to be open at both ends. Upon counting, only P4,000 was found inside, P2,000 short of the declared amount. Florentino Dy refused to accept the lesser amount, and the accused took it back and returned it to Cang-Suco Bros. in Cebu. Procedural History: The defendant pleaded not guilty and moved to dismiss the case, arguing lack of jurisdiction because it was not proven that the crime was committed within Cebu's jurisdiction, nor that the abstraction occurred, and that the real injured parties were Smith, Bell & Co., not Cang-Suco Bros. The trial court dismissed the case with costs de officio. The Petition: The Government appealed the dismissal, alleging that the court erred in dismissing the case on the ground of lack of jurisdiction, as essential acts of the crime occurred in Cebu (receipt of money) and Leyte (attempted delivery of a lesser amount), thus giving Cebu concurrent jurisdiction.
Issue(s)
Whether the Court of First Instance of Cebu has jurisdiction over the crime of estafa allegedly committed on board the steamer Jayme Vaño. Whether the evidence sufficiently proves that the abstraction of P2,000 occurred within the jurisdiction of Cebu.
Ruling
The order of dismissal is affirmed. The Court of First Instance of Leyte has jurisdiction to try the case.
Ratio Decidendi
On Issue 1: The Court affirmed the dismissal of the case by the Court of First Instance of Cebu due to lack of jurisdiction. While the package was received in Cebu, the crime's consummation and discovery occurred in Dulag, Leyte, where the defendant attempted to deliver a lesser amount than what was entrusted. The Court cited Act No. 400, amending Section 56 of Act No. 136, which grants jurisdiction to the Court of First Instance of any province touched at by the ship or craft whereon the crime is presumed to have been committed. In this case, the steamer Jayme Vaño touched at the port of Dulag, Leyte, after leaving Cebu. Therefore, the Court of First Instance of Leyte has the legal competency and jurisdiction to try the penalized act. The ruling in The United States vs. Santiago was distinguished because, in that case, essential acts occurred in both Iloilo and Manila, establishing concurrent jurisdiction. However, in the present case, the abstraction's location was not proven to be in Cebu, and the discovery and attempted delivery of the short amount happened in Leyte. On Issue 2: The Court found that it has not been demonstrated that the abstraction of the P2,000 took place within the jurisdiction of the Province of Cebu. The crime might have been committed while the ship was traveling towards Leyte. The fact that the package was discovered open and with a shortage only upon arrival in Dulag, Leyte, where the defendant was supposed to fulfill his errand, indicates that the crime was discovered and consummated in said town. The defendant failed to show cause why the sum had been reduced from P6,000 to P4,000 upon delivery. Therefore, the jurisdiction lies with the Court of First Instance of Leyte, as the steamer touched at the port of Dulag on said island.
Main Doctrine
The Court of First Instance of any province touched at by the ship or craft whereon a crime is presumed to have been committed has jurisdiction to try the case, in accordance with Act No. 400, amending Section 56 of Act No. 136. The crime of estafa committed on board a vessel in navigable waters may be tried by the court of the province where the vessel touched after the commission of the crime.