Case Digest
Case Digest
Case Digest
Criminal Procedure; Jurisdiction; Pleadings and Practice; In Agbayani v. Sayo, 89 SCRA 699 (1979), the rules on
venue in Article 360 were restated as follows: 1. Whether
The rule is settled that an objection based on the ground the offended party is a public official or a private person,
that the court lacks jurisdiction over the offense charged the criminal action may be filed in the Court of First
may be raised or considered motu proprio by the court at Instance of the province or city where the libelous article is
any stage of the proceedings or on appeal.—The Court printed and first published. 2. If the offended party is a
notes that petitioners raised for the first time the issue of the private individual, the criminal action may also be filed in
RTC’s jurisdiction over the offense charged only in their the Court of First Instance of the province where he
Reply filed before this Court and finds that petitioners are actually resided at the time of the commission of the
not precluded from doing so. In Fukuzume v. People, 474 offense. 3. If the offended party is a public officer whose
SCRA 570 (2005), the Court ruled: “It is noted that it was office is in Manila at the time of the commission of the
only in his petition with the CA that Fukuzume raised the offense, the action may be filed in the Court of First
issue of the trial court’s jurisdiction over the offense Instance of Manila. 4. If the offended party is a public
charged. Nonetheless, the rule is settled that an objection officer holding office outside of Manila, the action may be
based on the ground that the court lacks jurisdiction over filed in the Court of First Instance of the province or city
the offense charged may be raised or considered motu where he held office at the time of the commission of the
proprio by the court at any stage of the proceedings or on offense.
appeal. Moreover, jurisdiction over the subject matter in a
criminal case cannot be conferred upon the court by the Same; Same; Same; Same; The allegations in the
Information that “Panay News, a daily publication with a
considerable circulation in the City of Iloilo and throughout provided he resides therein with continuity and
the region” only showed that Iloilo was the place where consistency; no particular length of time of residence is
Panay News was in considerable circulation but did not required. However, the residence must be more than
establish that the said publication was printed and first temporary. The term residence involves the idea of
published in Iloilo City.— something beyond a transient stay in the place; and to be
a resident, one must abide in a place where he had a
The relevant portion of the Information for libel filed in this house therein. To create a residence in a particular place,
case which for convenience the Court quotes again, to two fundamental elements are essential: The actual bodily
wit: “That on or about the 5th day of July, 1994 in the City presence in the place, combined with a freely exercised
of Iloilo, Philippines and within the jurisdiction of this court, intention of remaining there permanently or for an
both the accused as columnists and Editor-Publisher, indefinite time. While it is possible that as the Acting
respectively, of Panay News, a daily publication with a General Manager of the Baguio Country Club, the
considerable circulation in the City of Iloilo and throughout petitioner may have been actually residing in Baguio City,
the region, did then and there willfully, unlawfully and the Informations did not state that he was actually residing
feloniously with malicious intent of impeaching the virtue, therein when the alleged crimes were committed. It is
honesty, integrity and reputation of Dr. Edgar Portigo, a entirely possible that the private complainant may have
physician and medical practitioner in Iloilo City, and with been actually residing in another place. One who
the malicious intent of injuring and exposing said Dr. Edgar transacts business in a place and spends considerable
Portigo to public hatred, contempt and ridicule, write and time thereat does not render such person a resident
publish in the regular issue of said daily publication on July therein. Where one may have or own a business does not
5, 1994, a certain article entitled “MEET DR. PORTIGO, of itself constitute residence within the meaning of the
COMPANY PHYSICIAN....” The allegations in the statute. Pursuit of business in a place is not conclusive of
Information that “Panay News, a daily publication with a residence there for purposes of venue.
considerable circulation in the City of Iloilo and throughout
the region” only showed that Iloilo was the place where
Panay News was in considerable circulation but did not
establish that the said publication was printed and first
published in Iloilo City.