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[PEOPLE v. MELECIO CERENA](https://lawyerly.ph/juris/view/c341d?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. L-9648, Nov 28, 1959 ]

PEOPLE v. MELECIO CERENA +

DECISION

106 Phil. 570

[ G.R. No. L-9648, November 28, 1959 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. MELECIO CERENA, DEFENDANT AND APPELLANT.

D E C I S I O N

GUTIERREZ DAVID, J.:

This appeal had originally been  taken  to  the Court of Appeals from a  judgment of the Court of First  Instance of Leyte, convicting the defendant-appellant of the crime of attempted  rape with, physical injuries, and sentencing him to an indeterminate penalty of from four months and one  day of  arresto mayor to two years, four months and one day of prision correctional.

While the case was pending with the Court of Appeals, the defendant-appellant, thru counsel, filed a memorandum questioning the jurisdiction of the trial court over the subject matter, on the ground that the information did not bear the signature of the "offended party, or her parents, grandparents or guardian," as required for crimes against chastity, under the provisions of paragraph 3, article 344 of the Revised Penal Code.  That jurisdictional question having been raised, and finding that the reasons advanced therefor deserve serious consideration, the Court of Appeals certified the appeal to us.

It appears that on August 12, 1955, a communication was sent by  the office  of the Solicitor General  to the provincial fiscal  of Leyte requesting  information as to whether proper complaint signed  by the offended party was in fact filed in the case and that, in response thereto, the  provincial fiscal, by  1st  Indorsement dated August 22,. 1955, forwarded the  original  of  pleadings  filed  with the Justice of the  Peace Court of Tanauan, Leyte (1) the complaint signed by one Aladdin M.  Moreno, a corporal in the Philippine Constabulary and (2) the amended complaint  signed  by Fortunata  Loviano, the  complainant. Both pleadings have been attached to  a  motion filed before this Court by  counsel for the Government and we have no reason to doubt their authenticity.

The  record now  before us reveals that while the information  filed with the Court of  First Instance  was signed by  the assistant  provincial fiscal of  Leyte,  the amended complaint filed  with the Justice of the Peace Court was signed by the offended party herself.  Since article 344 of the Revised Penal Code  requires the filing by the  "offended party or her  parents, grandparents or guardian" of the complaint, and not of the information, it is apparent that appellant's sole ground for attacking the jurisdiction of the trial court, that is, the absence of the signature on the information of  either of the aforementioned persons, does  not purport  to be a  true and valid ground.

Wherefore, the case should be, as it  is hereby, certified back to the Court of  Appeals.

Paras, C. J., Bengzon, Padilla, Montemayor, Bautista Angelo, Labrador, Endencia, and Barrera, JJ., concur.

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