De Joya v Marquez Digest

DE JOYA v MARQUEZ • •

Manuel Dy filed a criminal case against Hao and Tan for syndicated estafa. Dy complained that he was enticed to invest in a large sum of money in State Resource Development Management Corporation wherein he issued several checks amounting amounting to almost P!M P!M and in turn the corporation corporation issued several checks to Dy which were dishonored due to insufficient funds.

 $ote Re(uis Re(uisite itess for the e&ercis e&ercisee of *urisd *urisdict iction ion and how the court court ac(uir ac(uires es such such  *urisdiction a. Jurisdiction a. Jurisdiction over the plaintiff or or petitioner petitioner 

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" resolution was issued #y Prosecutor $icdao finding pro#a#le cause to indict  petitioner and his other co%accused for syndicated estafa and a copy of the articles of incorporation of the aforementioned corporation named petitioner  as incorporator and director to which they had knowledge of its activities and transactions. The Court finds that these documents sufficiently esta#lish the e&istence of   pro#a#le cause.

Pro#a#le cause % facts and circumstances which would lead a reasona#ly discreet and prudent person to  #elieve that an offense has #een committed #y the person person sought to #e arrested •

Petitioner Petitioner then filed for certiorari certiorari and prohi#ition prohi#ition to nullify nullify the warrant warrant of  arrest issued #y 'udge Mar(ue) for estafa. Petitioner asserts that respondent  *udge erred in finding pro#a#le cause *ustifying the issuance of the warrant against him and his co%accused.

+SS,- May De 'oya seek relief from Court/trial even though he continuously refuses to surrender and su#mit to the Court0s *urisdiction1 $2

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 #. Jurisdiction  #. Jurisdiction over the defendant or respondent respondent •

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 A person is not entitled to seek relief from the Supreme Court nor from the trial court where he continuously refuses to surrender and submit to the court’s jurisdiction. His continued refusal to su#mit to the court0s *urisdiction should give this Court more reason to uphold the action of the respondent *udge. The purpose of a warrant of arrest is to place the accused under the custody of the law to hold him for trial of the charges against him. +t should #e remem#ered that he who invokes the court0s *urisdiction must first su#mit to its *urisdiction.

This is acquire !" the voluntar" appearance appearance or su!mission su!mission !" the efenant or responent to the court or !" coercive process issue !" the court to him# generall" !" the service of summons$

c. Jurisdiction c. Jurisdiction over the subject matter: •

This is conferred #y law and4 unlike *urisdiction over the parties4 cannot #e conferred on the court #y the voluntary act or agreement of the parties.

d. Jurisdiction over the issues of the case: •

H-3D •

filing of the complaint4 petition This This is ac(uir ac(uired ed #y the filing petition or initiatory initiatory  pleading #efore the court #y the plaintiff plaintiff or petitioner.

This is determined and conferred conferred #y the pleadings pleadings filed in the case #y the  parties4 or #y their agreement in a pre%trial order or stipulation4 or4 at times  #y their implied consent as #y the failure of a party to o#*ect to evidence on an issue not covered #y the pleadings4 as provided in Sec. 54 Rule 6.

e. Jurisdiction over the res  res   7or the property or thing which is the su#*ect of the litigation8 •

This is ac(uired #y the actual actual or constructi constructive ve sei)ure #y the court of the thing thing in (uestion4 (uestion4 thus placing it in custodia custodia legis4 as in attachment attachment or  garnishmen garnishment9 t9 or #y provision provision of law which recogni)es recogni)es in the court the  power to deal with the property or su#*ect matter within its territorial  *urisdiction4 as in land registration proceedings proceedings or suits involving civil civil status or real property in the Philippines of a non%resident defendant.