Cruz v. Ca

CRUZ VS.
COURT OF APPEALS
GR No. 123340
August 29, 2002
FACTS:
The City Prosecutor of Manila charged petitioner with the crime of Estafa thru Falsification
of Public Document before the Manila Regional Trial Court. Petitioner executed before a Notary
Public in the City of Manila an Affidavit of Self-Adjudication of a parcel of land stating that she was
the sole surviving heir of the registered owner when in fact she knew there were other surviving
heirs. Since the offended party did not reserve the right to file a separate civil action arising from
the criminal offense, the civil action was deemed instituted in the criminal case.
After trial on the merits, the trial court rendered its decision dated January 17, 1994
acquitting petitioner on the ground of reasonable doubt. In the same decision, the trial court
rendered judgment on the civil aspect of the case, ordering the return to the surviving heirs of the
parcel of land located in Bulacan. On February 10, 1994, petitioner filed by registered mail a motion
for reconsideration dated February 7, 1994, assailing the trial court’s ruling on the civil aspect of
the criminal case. On April 18, 1994, the trial court denied petitioners motion for reconsideration
for lack of merit. Petitioner moved for reconsideration but was also denied.
Left with no recourse, petitioner filed a petition for certiorari and mandamus with the Court
of Appeals to nullify the two assailed orders of the trial court. On March 31, 1995, the Court of
Appeals denied due course to the petition and dismissed the case for being insufficient in substance.
The Court of Appeals sustained/affirmed the trial courts orders denying petitioners motion for
reconsideration.
Petitioner maintains that the Court of Appeals erred in finding that the trial court had
jurisdiction to render judgment on the civil aspect of the criminal case. Petitioner asserts that the
Manila trial court had no jurisdiction over the parcel of land in Bulacan which is outside the trial
courts territorial jurisdiction.
ISSUE:
1. Whether or not the CA erred in finding that the RTC of Manila had jurisdiction to render
judgment on the civil aspect of the criminal case for falsification of public document,
involving a property located in Bulacan.
2. Whether or not the CA erred in not finding that the prosecution was duly furnished with
copy of the petitioner’s motion for reconsideration with respect to the decision of the RTC
of Manila on the civil aspect of the criminal case.
RULING:
1. No. In upholding the trial court’s jurisdiction to render judgment on the civil aspect of
criminal case for falsification of public document, involving a property located in Bulacan,
the Court of Appeals held:
“Being a civil liability arising from the offense charged, the governing law is the Rules of
Criminal Procedure, not the civil procedure rules which pertain to civil action arising
from the initiatory pleading that gives rise to the suit.”
The Court agrees with the ruling of the Court of Appeals.
Petitioner asserts that the location of the subject property outside the courts territorial
jurisdiction deprived the trial court of jurisdiction over the civil aspect of the criminal case. This
argument is contrary to the law and the rules.
There are three important requisites which must be present before a court can acquire
criminal jurisdiction. The court must have jurisdiction over:
1. the subject matter;
2. territory where the offense was committed; and
3. the person of the accused.
In the instant case, the trial court had jurisdiction over the subject matter as the law has
conferred on the court the power to hear and decide cases involving estafa through falsification of a
public document. The trial court also had jurisdiction over the offense charged since the crime was
committed within its territorial jurisdiction. The trial court also acquired jurisdiction over the
person of accused-petitioner because she voluntarily submitted to the courts authority.
Where the court has jurisdiction over the subject matter and over the person of the accused,
and the crime was committed within its territorial jurisdiction, the court necessarily exercises
jurisdiction over all issues that the law requires the court to resolve. One of the issues in a criminal
case is the civil liability of the accused arising from the crime. Article 100 of the Revised Penal Code
provides that [E]very person criminally liable for a felony is also civilly liable. Article 104 of the same
Code states that civil liability x x x includes restitution.
The action for recovery of civil liability is deemed instituted in the criminal action unless
reserved by the offended party. In the instant case, the offended party did not reserve the civil
action and the civil action was deemed instituted in the criminal action. Although the trial court
acquitted petitioner of the crime charged, the acquittal, grounded on reasonable doubt, did not
extinguish the civil liability. Thus, the Manila trial court had jurisdiction to decide the civil aspect of
the instant case - ordering restitution even if the parcel of land is located in Bulacan.
2. No. The Court agrees with the CA that petitioner patently failed to comply with the
mandatory requirements on proof of service insofar as the public prosecutor is concerned.
According to Sections 4, 5, and 6 of Rule 15, if service is by registered mail, proof of service
consists of the affidavit of the person mailing and the registry receipt, both of which must be
appended to the motion. Absent one or the other, or worse both, there is no proof of service.
In the instant case, petitioner filed a motion for reconsideration within the reglementary
period to appeal. However, petitioner failed to attach both the affidavit and the registry receipt to
the motion for reconsideration as required by the Rules. Such motion is not entitled to judicial
cognizance and does not stop the running of the reglementary period for filing the requisite
pleading as it did not contain the required proof of service.
In addition, the Court noted that petitioner did not serve a copy of her motion for
reconsideration on the offended party who was not represented by a private counsel in the trial
court. In the interest of justice, and considering that the present Rules are silent on the matter, it is
only fair to give petitioner a period of five days from receipt of this decision within which to serve a
copy of her motion for reconsideration on the offended party.
NOTE:
The court granted the petition. While the Court found no reversible error in the decision of
the CA as to proof of service and the trial court’s jurisdiction on the civil aspect, the Court remand
this case for further proceedings in the interest of justice.

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