This case has been cited 2 times or more.
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2001-10-26 |
QUISUMBING, J. |
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| On appellant's allegation that the trial court did not acquire jurisdiction because of the insufficiency of the complaint, the OSG argues that the rule requiring that the complaint referred to in Article 344[21] of the Revised Penal Code be filed with the court has already been relaxed by more recent cases. The filing of said complaint mentioned in Article 344 is not what confers jurisdiction. It is merely a condition precedent to the exercise of the power to prosecute the guilty parties. It is the Judiciary Law that vests jurisdiction on the courts.[22] In any case, the OSG adds, the private complainant in this case had already initiated the prosecution for rape when she filed a complaint for purposes of the preliminary investigation against the appellant before the municipal trial court in Narra, Palawan. She no longer had to file another complaint in the trial court nor sign the information filed by the public prosecutor for the regional trial court in Puerto Princesa to acquire jurisdiction over her case.[23] | |||||
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2000-02-29 |
BELLOSILLO, J. |
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| Finally, even assuming arguendo that accused-appellant's conviction under par. (2) of Art. 335 of the Revised Penal Code should be set aside, he is nevertheless still liable for rape committed through force and intimidation since his guilt thereof, as properly charged in the Information, has been proved beyond reasonable doubt.[22] | |||||