This case has been cited 2 times or more.
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2010-03-05 |
VELASCO JR., J. |
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| Subsequently, PD 1083, dated February 4, 1977, created the Shari'a courts, i.e., the SDC and the Shari'a Circuit Court, both of limited jurisdiction. In Republic v. Asuncion,[21] the Court, citing the Administrative Code of 1987,[22] classified Shari'a courts as "regular courts," meaning they are part of the judicial department. | |||||
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2005-04-14 |
CARPIO, J. |
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| However, despite the subsequent cases clarifying Deloso v. Domingo, the Court in Republic v. Asuncion,[12] promulgated on 11 March 1994, applied the ruling in Deloso v. Domingo. Since the effects of the misapprehension of Deloso v. Domingo doctrine were still persistent, the Court set out the following directives in Republic v. Asuncion:The dismissal then of Criminal Case No. Q-91-23224 solely on the basis of Deloso vs. Domingo was erroneous. In the light of Aguinaldo and Sanchez, and considering the absence of any allegation in the information that the offense was committed by private respondent in relation to his office, it would even appear that the RTC has exclusive jurisdiction over the case. However, it may yet be true that the crime of homicide charged therein was committed by the private respondent in relation to his office, which fact, however, was not alleged in the information probably because Deloso vs. Domingo did not require such an allegation. In view of this eventuality and the special circumstances of this case, and to avoid further delay, if not confusion, we shall direct the court a quo to conduct a preliminary hearing in this case to determine whether the crime charged in Criminal Case No. Q-91-23224 was committed by the private respondent in relation to his office. If it be determined in the affirmative, then it shall order the transfer of the case to the Sandiganbayan which shall forthwith docket and proceed with the case as if the same were originally filed with it. Otherwise, the court a quo shall set aside the challenged orders, proceed with the trial of the case, and render judgment thereon. | |||||