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Schnekenburger v. Moran Digest

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72 views

Schnekenburger v. Moran Digest

Uploaded by

Kimmy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUPREME COURT

Manila
EN BANC

G.R. No. L-44896 July 31, 1936

RODOLFO A. SCHNECKENBURGER, petitioner,


vs.
MANUEL V. MORAN, Judge of First Instance of Manila, respondent.

Cardenas and Casal for petitioner.


Office of the Solicitor-General Hilado for respondent.

ABAD SANTOS, J.:

Facts: The petitioner was duly accredited honorary consul of Uruguay at Manila, Philippine Islands on
June 11, 1934. He was subsequently charged in the Court of First Instance of Manila with the crime of
falsification of a private document. He objected to the jurisdiction of the court on the ground that both
under the Constitution of the United States and the Constitution of the Philippines the court below had no
jurisdiction to try him. His objection having been overruled, he filed this petition for a writ of prohibition
with a view to preventing the Court of First Instance of Manila from taking cognizance of the criminal
action filed against him.

Issue: 1. Does the Court of First Instance of Manila is without jurisdiction to try the case filed against the
petitioner?

1. a.) Under Article III, Sec 2, of the Constitution of the US, the Supreme Court of the United
States has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and
such jurisdiction excludes the courts of the Philippines

1. b.) Even under the Constitution of the Philippines original jurisdiction over cases affecting
ambassadors, other public ministers, and consuls, is conferred exclusively upon the Supreme Court of
the Philippines

Ruling: YES. The CFI has jurisdiction. Writ of Prohibition denied.

1.a.) US Constitution has no merit. A Consul is not entitled to the privilege of diplomatic immunity
because on Nov. 15, 1935, Philippine Commonwealth was inaugurated causing the Philippine
Constitution to be in effect. This constitution provides that the original jurisdiction of this court “shall
include all cases affecting ambassadors, consuls, et. al”

2.b.) SC has the original jurisdiction but was also conferred on the CFI by the Code of Civil
Procedure (Act No. 190, secs. 197, 217, 222, 226, 525).

In addition, prior to the inauguration of the Commonwealth, the PH Constitution remain operative and in
force including the power vested by the PH Consti to the CFI to adjudicate criminal actions brought about
by consuls.

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