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764 SUPREME COURT REPORTS ANNOTATED

Bermejo vs. Barrios

No. L-23614. February 27, 1970.

PEDRO M. BERMEJO, petitioner-appellant, vs, ISIDRO

BARRIOS, ET AL., respondents-appellees.

No. L-23615. February 27, 1970.

JOVITA CARMORIN, petitioner-appellant, vs. ISIDRO

BARRIOS, ET AL., respondents-appellees.

Remedial law; Judiciary Act of 1978; Jurisdiction; Courts of

first instance; Appellate jurisdiction; Where criminal case falls
within the concurrent jurisdiction of municipal court and court of
first instance.—Where the municipal or city court has taken
cognizance of a criminal case in its concurrent jurisdiction with
the court of first instance, appeal must be taken direct to the
Court of Appeals or the Supreme Court; and where the Court of
First Instance has taken cognizance of such appeal in its
appellate jurisdiction and refused to elevate the case to the Court
of Appeals, said Court of First Instance acted without jurisdiction.
And this rule applies even if the order is not a judgment on the
merits because in cases of this nature the court of first instance
exercises no supervisory jurisdiction over the city court, and
having concurrent jurisdiction the city court acts with “like
jurisdiction” as the Court of First Instance,
Criminal law; Falsification of public document; Petition for
habeas corpus duly subscribed and sworn to before a clerk of court
is a public document.—A petition for habeas corpus duly
subscribed and sworn to before a clerk of court and filed with the
court of first instance forming a part of the court records in said
proceedings, is a public or official document as contemplated in
Articles 171 and 172 of the Revised Penal Code.

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Bennejo vs. Barrios

Remedial law; Evidence; Public document; Meaning of

“document” and “public document.”—A document is defined as a
deed, instrument or other duly authorized paper by which
something is proved, evidenced or set forth. Any instrument
authorized by a notary public or a competent public official with
the solemnities required by law, is a public document.
Same; Same; Same; Pleadings filed with court are public
documents.—Pleadings and papers, which are involved in actions
and which are in custody of the clerk of court in which the action
is pending, are public documents and are within the scope of
subject matter of statute making alteration of court records an
offense.
Remedial law; Criminal procedure; Preliminary investiga
tion; Notice to respondent; How due process requirement is
satisfied.—In the application of the due process requirement,
what is sought to be safeguarded is not lack of previous notice but
the denial of opportunity to be heard. Where respondent in a
preliminary investigation requested for postponement and city
fiscal proceeded with the same without notifying the respondent
of his action of the motion for postponement, there was
opportunity to be heard but lost for negligence in failing to attend
the scheduled date of the investigation. Furthermore, said party
was not entitled as of right to preliminary investigation.
Remedial law; Criminal procedure; Preliminary
investigations; Rules of court cannot be given retroactive effect.—
Section 14, Eule 112 of the new Rules of Court granting the right
to preliminary investigation in criminal cases cannot be given
retroactive before January 1, 1964. The Rules of Court are not
penal statutes, and they cannot be given retroactive effect.
Same; Same; Arrest; Irregularity in issuance of warrant of
arrest cured by posting of bailbonds.—Irregularity in the issuance
of orders of arrest are waived by the posting of bail bonds.

APPEALS from a joint decision of the Court of First

Instance of Capiz. Debuque, Sr., J.

The facts are stated in the opinion of the Court.

          Pedro M. Bermejo for himself and accused Jovita
Carmorin as petitioners-appellants.

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Bermejo vs. Barrios

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          Solicitor General Arturo A. Alafriz, Assistant Solicitor

General Antonio G. Ibarra and Solicitor Augusto M*
Amores for respondents-appellees.

ZALDIVAR, J.:

These two cases, being interrelated, are decided together.

These are appeals from the joint decision of the Court of
First Instance of Capiz, rendered on June 3, 1964,
dismissing two petitions for certiorari and prohibition with
preliminary injunction: one filed by petitioner Pedro M.
Bermejo against City Judge Isidro Barrios and City Fiscal
Quirico Abela of Roxas City, docketed as Special Civil Case
No. V-2721; and the other filed by petitioner Jovita
Carmorin against the same respondents, docketed as
Special Civil Case No. V-2723.
In G.R. No. L-23614, petitioner Pedro M. Bermejo and
Julia “Doe” (her identity at the time was unknown) were
charged in the city court of Roxas City, on August 22, 1963,
of the crime of falsification of public or official document in
an information filed by the city fiscal. It was alleged in the
information that on or about the 25th day of February
1963, in Roxas City, the two accused, being private
individuals, conspired and confederated together and
mutually helped each other, and willfully and feloniously
prepared and executed a document consisting of an
amended petition for habeas corpus entitled “Pedro M.
Bermejo and Jovita Carmorin, petitioners, vs. Jose M.
Bernales. and Wilfredo Bernales, respondents”, which
petition Pedro M. Bermejo signed while Julia “Doe” placed
her thumbmark over the name “Jovita Carmorin”, which
petition was subscribed and sworn to by the two accused
before the Clerk of Court and filed in the Court of First
Instance of Capiz, docketed as Special Proceeding No, 2669,
thus the two accused stated and made it appear in the
amended petition that the same was signed and sworn to
by Jovita Carmorin as one of the petitioners

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Bermejo vs. Barrios

when in truth and in fact the said Jovita Carmorin never

signed and swore to it, because it was in fact the accused
Julia “Doe” who signed and swore to that petition as Julia
Carmorin.

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Relying on the certification of the city fiscal that a

preliminary investigation had been conducted by him and
that he had examined the witnesses under oath before
filing the information, the City Judge, Hon. Isidro 0.
Barrios, issued, on August 24, 1963, an order for the arrest
of accused Bermejo. To prevent his incarceration, said
accused put up the necessary bond.
Upon arraignment, Bermejo filed a motion to quash the
information, alleging in substance: (1) that the information
did not charge an offense because the amended petition for
habeas corpus (in Special Proceeding No. V-2669 of the
Court of First Instance of Capiz), allegedly falsified, is not a
document contemplated under the provisions of Article 172
of the Revised Penal Code, and that in a previous judgment
of the Court of First Instance of Capiz in the habeas corpus
proceedings it was declared that the thumbmark in the
amended petition was that of Jovita Carmorin; and (2) that
the court did not acquire jurisdiction over his person
because the warrant issued for his arrest was illegal, Judge
Barrios having issued the same without first examining the
witnesses under oath and in the form of searching
questions and answers as required under Republic Act
8828.
The city fiscal filed his opposition to the motion to
quash, contending that the petition for habeas corpus is a
public document; that the provisions of Republic Act 3828
are applicable only to municipal judges and not to city
judges; and that the principle of res judicata, or
collusiveness of judgment, cannot be invoked by the
accused. After Bermejo had filed a supplement to his
motion to quash and a reply to the city fiscal’s opposition,

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Bermejo vs. Barrios

respondent City Judge, on October 5, 1963, issued an order

denying the motion to quash.
On October 14, 1963, Bermejo filed his motion for
reconsideration, but th«e same was denied for lack of merit.
Thereupon he filed a petition for certiorari and prohibition
with preliminary injunction before the Court of First
Instance of Capiz, naming as respondents City Judge Isidro
Barrios and City Fiscal Quirico Abela, contending that City
Fiscal Abela committed a grave abuse of discretion in filing
an information against him without conducting the proper
preliminary investigation, and that the City Judge
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committed a grave abuse of discretion in denying his

motion to quash, raising practically the same issues that he
raised in the motion to quash before the city court, and
praying that respondent City Judge be enjoined from
hearing the criminal case against him during the pendency
of the special civil action in the Court of First Instance.
In G.R. No. L-23615, Jovita Carmorin was charged by
respondent City Fiscal Quirico Abela with perjury, on
August 23, 1963, in the same city court of Roxas City
(Criminal Case No. 4452) for allegedly having “subscribed
and swore to an affidavit xxx that she was really the one
who signed with her thumbmark as Jovita Carmorin xxx
the amended petition for habeas corpus xxx when in truth
and in fact, as she very well knew, she had not done such
act of signing with her thumbmark said petition and it was
another person, who signed with a thumbmark said
petition as Jovita Carmorin x x x.” The city fiscal also
certified that he had conducted the preliminary
investigation in accordance with law before filing the
information.
On the basis of the certification by the city fiscal that he
had conducted the proper preliminary investigation,
respondent City Judge Barrios issued an order for the
arrest of accused Carmorin. After positing a bond, said
accused, thru her counsel, Atty. Pedro M. Bermejo (the
same person accused in the falsification case), filed a mo-

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Bermejo vs. Barrios

tion to quash the information, alleging substantially, that

the court had not acquired jurisdiction over her person
because the warrant of arrest issued for her arrest was
improvidently issued, the respondent City Judge having
issued the same without examining the witnesses
personally in the form of searching questions and answers
in violation of “Republic Act 3828, and that no offense was
committed by the accused because it had already been
declared by the Court of First Instance of Capiz in the
habeas corpus case (Special Proceedings No. V-2669) that
the thumbmark appearing in the petition for habeas corpus
was the true thumbmark of accused Carmorin.
After the city fiscal has filed his opposition to the motion
to quash, and the accused, her reply, on October 15, 1963,
City Judge Barrios issued an order denying the motion to
quash. Carmorin’s motion for reconsideration having been
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denied, she likewise filed a petition for certiorari and

prohibition with preliminary injunction with the Court of
First Instance of Capiz, also naming as respondents City
Judge Barrios and City Fiscal Abella, imputing abuse of
discretion on the part of City Fiscal Abella in filing an
information against her without conducting the proper
preliminary investigation, and on the part of respondent
Judge Barrios in denying her motion to quash, raising the
same questions raised by her in her motion to quash before
the city court, and also praying that respondent City Judge
be enjoined from hearing the case pending decision of the
special civil action.
On November 22, 1963, respondent city fiscal filed
answers to the two petitions, admitting some of the
allegations in the petitions, and denying others: and setting
up the affirmative defense that the orders of respondent
City Judge in the criminal cases against the two petitioners
cannot be the subject of the petitions for certiorari and
prohibition before the Court of First Instance of Capiz
because the city court of Roxas City issued said orders in
the exercise of its concurrent jurisdiction with the Court of
First Instance of Capiz, so that the latter court

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Bermejo vs. Barrios

has no jurisdiction to entertain the petitions for certiorari

and prohibition filed before it, pursuant to Section 87,
paragraph (c) of Republic Act 296, as amended by Section 6
of Republic Act 3828.
Herein petitioners filed their replies to respondents’
answers, asserting that the Court of First Instance of Capiz
has jurisdiction to take cognizance of the two cases for
certiorari and prohibition with preliminary injunction.
After the parties had filed their memoranda in support of
their respective contentions regarding the jurisdiction of
the court, the Court of First Instance of Capiz issued an
order, on January 6, 1964, declaring that it had jurisdiction
to take cognizance of the two special civil actions for
certiorari and prohibition with preliminary injunction, and
the court set the hearing of the two cases for January 24,
1964.
During the hearing of the two cases, which was held
jointly, Atty. Bermejo appeared and testified in his behalf
and in behalf of his co-accused Carmorin, while Fiscal
Quirico Abella testified for the prosecution. Thereafter, the
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parties filed their memoranda. On June 3, 1964, the Court

of First Instance of Capiz rendered a decision dismissing
the two petitions, without pronouncement as to costs. Their
joint motion for reconsideration having been denied,
herein, petitioners brought the present appeals to this
Court.
Before resolving the questions posed in these appeals,
We consider it necessary to rule on the matter regarding
the jurisdiction of the Court of First Instance of Capiz to
take cognizance of the two petitions for certiorari and
prohibition with preliminary injunction—a question that
was properly raised by the respondents in the court below,
although this question is not now raised in the appeals. We
hold that the Court of First Instance of Capiz erred in
taking cognizance of the two petitions. Section 6 of
Republic Act 3828, amending Section 87, paragraph (c) of
the Judiciary Act of 1948, provides in part,
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Bermejo vs. Barrios

as follows:

“Justices of the peace in the capitals of provinces and sub-

provinces and judges of municipal courts shall have like
jurisdiction as the Court of First Instance to try parties charged
with an offense committed within their respective jurisdictions, 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, and in the absence of
the district judge, shall have like jurisdiction within the province
as the Court of First Instance to hear applications for bail.
“All cases filed under the next preceding paragraph with
justices of the peace of capitals and municipal court judges shall
be tried and decided on the merits by the respective justices of the
peace or municipal judges. Proceedings had shall be recorded and
decisions therein shall be appealable direct to 1 the Court of
Appeals or the Supreme Court, as the case may be.”

The crime of falsification of a public or official document by

a private individual, of which petitioner Bermejo is charged
in the city court of Roxas City in Criminal Case No. 4451, is
punishable with prision correccional in its medium and
maximum periods, while the crime of perjury of which
petitioner Carmorin is charged in Criminal Case No. 4452
before the city court of Roxas City is punishable with

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arresto mayor in its maximum 2 period to prision

correccional in its minimum period. Undoubtedly, these
two cases fall within the concurrent jurisdiction of the city
court of Roxas City and the Court erf First Instance of
Capiz. This Court, interpreting the aforequoted provision of
Republic Act 3828, ruled that “[w]here the municipal court
(city court of Manila) has taken cognizance of a criminal
case in its concurrent jurisdiction with the Court of First
Instance, appeal must be taken direct to the Court of
Appeals or the Supreme Court; and where the Court of
First Instance has taken cognizance of such appeal in its
appellate jurisdiction and

_______________

1 The term “municipal court” should now be understood to mean “city

court” and “municipal judge” as “city judge”. The “justices of the peace” are
now known as “municipal judges.”
2 Articles 172 and 183; Revised Penal Code.

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Bermejo vs. Barrios

refused to elevate the case to the Court of Appeals,3

said
Court of First Instance acted without jurisdiction. And this
rule applies even if the order is not a judgment on the
merits because in cases of this nature the Court of First
Instance exercises no supervisory jurisdiction over the city
court, and having concurrent jurisdiction the city court4 acts
with “like jurisdiction” as the Court of First Instance. It is
Our view, therefore, that the decision of the Court of First
Instance of Capiz in Special Civil Cases Nos. 2721 and
2723, now appealed to this Court, is null and void because
said court has no jurisdiction to take cognizance of those
cases. The two special civil actions against the City Judge
and the City Fiscal of Roxas City should have been filed
with the Court of Appeals in aid of the latter’s appellate
jurisdiction over direct appeals from the decision or order of
the city court. We note, however, that the decision of the
Court of First Instance of Capiz is correct insofar as it had
dismissed the two petitions in question.
Be that as it may, however, We believe that the error of
the petitioners in filing their petitions for certiorari and
prohibition with preliminary injunction with the Court of
First Instance of Capiz and the error of the latter court in
taking cognizance of those petitions should not deter Us
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from ruling on the questions raised in the present appeals.

The record shows that these proceedings have been
pending for more than six years, and were We to remand
these cases to the courts below so the petitions for
certiorari should be brought up to the Court of Appeals, our
action would only cause further delay.
We shall, therefore, decide whether herein petitioners
are right in assailing the correctness or legality of the
proceedings in the city court of Roxas City in connection

_______________

3 Andico v. Roan, 23 SCRA 93; L-26563, April 16, 1968.

4 Pinza v. Aldovino, et al, L-25226, September 27, 1968, 25 SCRA 220;
People v. Valencia, et al., L-29396, August 29, 1969, 29 SCRA 252;
Esperat v. Avila, et al, L-25922, June 30, 1967, 20 SCRA 296.

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with the two criminal cases filed against them, as they now
contend in the present appeals.
While petitioners maintain in the court below that the
City Fiscal of Roxas City has no power to initiate the
investigation of cases without a previous complaint by an
offended party, they now admit in their brief that under
the existing
5
laws he can commence such preliminary
inquiry. Nevertheless, petitioner Bermejo contends that
before the city fiscal can conduct such preliminary
investigation, there must be a violation of the law, and in
the instant case he avers that there was no violation of law.
Basis of his argument is that the petition for habeas corpus
not being a document as contemplated in Article 172 of the
Revised Penal Code, the city fiscal is precluded from
conducting the preliminary investigation, much less from
filing the information, because Bermejo could not be
prosecuted for falsification of the alleged public or official
document.
The contention
6
of Bermejo is untenable. In the case of
U.S. v. Orera, a “document” is defined as a deed,
instrument or other duly authorized paper by which
something
7
is proved, evidenced or set forth. In U.S. v.
Asensi, this Court held that any instrument authorized by
a notary public or a competent public official, with the
solemnities required by law, is a public document. Section

8
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8
38. Rule 123 of the old Rules of Court, enumerates the
following as public writings:

“(a) The written acts or records of the acts of the

sovereign authority, of official bodies and tribunals,
and of public

_______________

5 And this must be so for, as consistently held by Us the city or

provincial fiscal can commence an investigation of a crime within his
jurisdiction without waiting for the filing of a complaint by the police
agency or an aggrieved party when the offense can be prosecuted de oficio.
(Briiien v. Consolacion, et al., L-16060, July 31, 1962; Hernandez v.
Albano, et al, L-17081, May 31, 1961; Nicomedes, et al v. Chief of
Constabulary, et al, L-16022, November 1969).
6 11 Phil. 596.
7 34 Phil. 750.
8 Now Section 20, Rule 132, new Rules of Court.

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Bermejo vs. Barrios

officers, legislative, judicial and executive, whether

of the Philippines, or of a foreign country;
“(b) Public records, kept in the Philippines, of private
writings.”

The same principle also obtains in the United States, that

“defendant’s pleadings and papers, which were involved in
civil actions and which were in custody of county clerk as
ex-oficio clerk of superior court in which action was
pending, were ‘public documents’ and were within scope of
subject matter
9
of statute making alteration of court records
an offense.” Considering that the petition for habeas
corpus (Special Proceedings No. V-2669) alleged the illegal
confinement, or deprivation of liberty, of one Soterania
Carmorin, and that said petition was duly subscribed and
sworn to before Clerk of Court Leopoldo B. Dorado and
filed with the Court of First Instance of Capiz, forming,
therefore, a part of the court records in said proceedings, it
cannot be disputed that said petition is a public or official
document as contemplated in Articles 171 and 172 of the
Revised Penal Code. Petitioner Bermejo, therefore, cannot
say that he committed no crime if it can be shown that, as
charged in the information, he connived or conspired with a
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certain Julia “Doe” in falsifying said petition by making it

appear that Jovita Carmorin placed her thumbmark
therein when in fact she did not do so.
Petitioner Bermejo likewise complains that
notwithstanding his request to be present at the
preliminary investigation, the same was conducted in his
absence or behind his back thus denying him his day in
court. We find, however, in the record—and the court a quo
so found too—that on March 11, 1963, a subpoena was
issued to Atty. Pedro M. Bermejo requiring him to appear
at the office of the city fiscal of Roxas City on March 14,
1963 in an investigation. This subpoena was received by
Bermejo on March 12, 1963, and on the same day he sent a

_______________

9 35 Words and Phrases, 146, citing People v. McKenna, 255 P. 2d 452,

116 CA. 2d 207.

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letter to the city fiscal, which was received by the latter in

the afternoon of the same day, requesting that the
investigation be postponed to March 19, 1963 because he
(Bermejo) had to attend to another case which was
scheduled to be heard on the same date. The city fiscal
acceded to his request, but because the fiscal’s office failed
to notify him of the hearing on March 19, 1963, Bermejo
was not present when the investigation was conducted on
that day. The preliminary investigation was conducted on
the very day requested by Bermejo, and after finding that
there was a prima facie case the city fiscal filed the
information against him on August 22, 1963.
It appears, therefore, that while the city fiscal failed to
notify petitioner Bermejo that his request for postponement
Was granted, which should have been done, it can also be
said that Bermejo was not entirely blameless if the
preliminary investigation was conducted in his absence. It
was he himself who set the date of the investigation in his
request for postponement, but he did not bother to come on
the date he fixed. Neither did he try to find out what action
the city fiscal had taken on his request for postponement,
on any day before the date of the hearing set by him,
although, he is living in Roxas City where the city fiscal
holds his office. Moreover, the information was filed five
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months later, and this petitioner never inquired, at least as

to the status of his case. this behavior of petitioner cannot
merit Our approvaL It is obvious that he failed to employ
the standard of care or reasonable diligence that is
expected of him. His unwarranted absence on the day of
the hearing which he himself requested, coupled with his
seeming indifference or unconcern about hi& case, is a
clear indication that he was guilty of gross negligence in
the protection of his rights. If he did not have his day in
court, it was because of his own negligence. If he was really
interested to attend the investigation, as he now pretends,
he should have taken pains to communicate with the city
fiscal. This Court had ruled that in the application of the
principle of due process, what is sought to be safeguarded
is
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not lack of10previous notice but the denial of opportunity to

be heard. Since petitioner Bermejo was afforded the
opportunity to appear at the preliminary investigation but
did not take advantage of it, he has no one to blame but
himself. Anyway, said petitioner’s rights can still be amply
protected in the regular trial of the case against him in the
city court where he 11can cross-examine the witnesses and
present his evidence.
Furthermore, even assuming that the city fiscal did not
notify petitioners, but had conducted the preliminary
investigations ex parte, their rights to due process could not
have been violated for they are not entitled as of right to 12
preliminary investigation. The numerous authorities
supporting this view are not rendered obsolete, as claimed
by petitioners, because Section 14, Rule 112 of the n<ew
Rules of Court invoked by them has no application in their
cases, it appearing that the new Rules of Court took effect
on January 1, 1964 while the preliminary investigations 13
conducted by the city fiscal were conducted in 1963. The
Rules of Court are not 14penal statutes, and they cannot be
given retroactive effect.
Having arrived at the conclusion that respondent city
fiscal did not abuse his discretion in conducting the
preliminary investigations and that he filed the
informations against herein petitioners in accordance with
law, there is, therefore, no merit in the assertion of
petitioners that the warrants of arrest issued for their
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arrest were illegal. Besides, granting arguendo that the

orders of arrest were

________________

10 Caltex (Phil.), Inc. v. Castillo, L-24657, November 27, 1967, 21 SCRA

1071, citing Fuentes v. Vinamira, L-14965, August 31, 1961.
11 Doce v. Branch II, Court of First Instance of Quezon, et al, L-26437,
March 13, 1968, 22 SCRA 1028.
12 Santos, et al v. Flores, et al., L-18251-2, August 31, 1962; People v.
Pervez, L-15231, November 29, 1960; Rodriguez v. Arellano, L-9037, July
31, 1955.
13 Acts or events are governed by laws at the time they took place
(Members of the Cult of San Miguel Arcangel v. Narciso, L-24843, July 15,
1968, 24 SCRA 52).
14 Rilloraza v. Arciaga, L-23848, October 31, 1967; See also Rule 144,
new Rules of Court.

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VOL. 31, FEBRUARY 27, 1970 777

Bermejo vs. Barrios

tainted with irregularity, still the posting by petitioners of

their bail bonds amounted to a waiver of the effect of said
defects.

“There is merit in the assertion that the warrant of arrest was

irregularly issued. Section 87 of the Judiciary Act as amended by
Republic Act 3828 requires that the Municipal Judge issuing the
same, personally, examine under oath the witnesses, and by
searching questions and answers which are to be reduced to
writing. Here, instead of searching questions and answers, we
have only the affidavits of respondent and her one witness.
Moreover, said affidavits were sworn to before Judge Cabungcal,
not before Judge Juntereal who issued the warrant of arrest.
“However, the giving of bail bond by petitioner constitutes a
waiver of the irregularity attending her arrest. Besides, by her
other personal appearances before the municipal court and the
court a quo, petitioner voluntarily submitted herself to the court’s
jurisdiction. Hence, the absence of preliminary examination
becomes moot already, the court having acquired jurisdiction over
the person of petitioner and could therefore proceed with the
preliminary investigation proper.” (Doce v. Branch II, Court of
First Instance of Quezon, et al., supra; Luna v. Plaza, L-27511,
November 29, 1968).

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The other point raised by petitioners in their contention

that the respondent City Judge abused his discretion in
denying their motion to quash is that there was a judicial
declaration in the habeas corpus case (Special Proceedings
No. V-2669) that the thumbmark appearing in the petition
was the genuine thumbmark of Jovita Carmorin, and that
pronouncement is now conclusive so that they cannot be
prosecuted for falsification or perjury, as the case may be.
This particular question should rather be submitted and
threshed out in the city court during the trial, The record of
the habeas corpus proceeding is not before Us, and We have
no means of knowing what actually transpired in that
proceeding. The proper determination of this question will
involve not only the introduction and consideration of
evidence, but also calls for a detailed inquiry on the
principle of estoppel by, or conclusiveness of, judgment.
Also devoid of merit is the other error pointed to by
petitioners with respect to the alleged admission by re-
778

778 SUPREME COURT REPORTS ANNOTATED

Bermejo vs. Barrios

spondents that they acted illegally, capriciously, or in

excess of jurisdiction. A cursory examination of their
answers would reveal that what was admitted by
respondent was the fact of the filing by petitioners of their
pleadings, but not the allegations contained therein, for, as
shown in the record, respondents have staunchly defended
their acts and insisted that their actuations are legal or in
accordance with law.
IN VIEW OF THE FOREGOING, the decision of the
Court of First Instance of Capiz in Special Civil Cases Nos.
2721 and 2723 is set aside for having been rendered by the
court without jurisdiction, and the instant appeals are
dismissed. We declare that the warrants of arrests issued,
and the informations filed, in Criminal Cases Nos. 4451
and 4452 of the City Court of Roxas City, are in accordance
with law, and these cases should be remanded to the City
Court of Roxas City for trial on the merits. No
pronouncement as to costs. It is so ordered.

          Concepcion, CJ., Reyes, J.B.L., Dizon, Makalintal

Castro, Fernando, Teehankee, Barredo and Villamor, JJ.,
concur.

Decision set aside.

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Notes.—(a) Appeal from city or municipal court where its

jurisdiction is concurrent with Court of First Instance.—
Republic Act 6031, amending Section 45 of the Judiciary
Act of 1948, restates court decisions on the matter when it
provides that “in cases falling under the concurrent
jurisdiction of the municipal and city courts with the courts
of first instance, the appeal shall be made directly to the
Court of Appeals whose decision shall be final: Provided,
however, that the Supreme Court in its discretion may, in
any case involving a question of law, upon petition of the
party aggrieved by the decision and under rules and
conditions that it may prescribe, require by certiorari that
the case be certified to it for review and determination, as if
it had been brought before it on appeal.”

779

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