People vs. Villaraza Case
People vs. Villaraza Case
People vs. Villaraza Case
Villaraza 81 SCRA 95
G.R. No.: L-46228
Date: January 17, 1978
Procedural Antecedent:
This case is a petition for certiorari from an order of the City
Court of Cagayan de Oro City dated May 27, 1977 for the elevation of
the case to the Court of First Instance to take jurisdiction over the
case of estafa. The Court of First Instance of Misamis Oriental of
Cafayan de Oro Branch VIII disagreed and returned case to the City
Court. The City Court disagreed, hence, this petition.
Issue:
1. WON PD. 818 should have a retroactive effect on respondent
Caesar Puerto?
2. WON the Court of First Instance should have jurisdiction over
the case of Caesar Puerto?
Ruling:
No. The act committed by the defendant was committed on
October 16, 1974. Presidential Decree 818 took effect on October 22,
1975. The said decree also only applies to swindling by means of
issuing bouncing checks. Hence, to give such law a retroactive effect
which is not favorable to the accused and will only make the penalty
heavier would only make the decree and ex post facto law.
No. City courts shall try parties charged with an offense, in
which the penalty provided by law does not exceed prision
correccional or imprisonment for not more than six years or fine not
exceeding six thousand pesos or both. Since the case of estafa
imputed to Caesar Puerto is punishable under Article 315 of the
Revised Penal Code by arresto mayor maximum to prision correctional
minimum or four months and one day to two years and four months,
the case shall be returned to the city court.