GR L 24671; (June, 1965) (Digest)
G.R. No. L-24671 June 30, 1965
FELICULO ISRAEL, petitioner, vs. HON. NUMERIANO G. ESTENZO and THE OFFICE OF THE CITY FISCAL, ORMOC CITY, respondents.
FACTS
The City Fiscal of Ormoc City filed Special Proceeding No. 727-O with the Court of First Instance of Leyte against petitioner Feliculo Israel and others. The proceeding sought to cite them for indirect contempt for refusing to receive and comply with a subpoena issued by the City Fiscal in connection with an investigation he was conducting. The petitioner moved to dismiss the proceeding, arguing that the alleged contempt was criminal in nature, punishable with imprisonment of not more than six months or a fine of not more than P1,000.00, and therefore fell within the original jurisdiction of the City Court of Ormoc under Section 87 of the Judiciary Act, as amended. The respondent Judge denied both the motion to dismiss and the subsequent motion for reconsideration.
ISSUE
Whether the charge of indirect contempt against the petitioner, arising from a refusal to comply with a subpoena issued by the City Fiscal, falls within the jurisdiction of the City Court (under the Judiciary Act) or the Court of First Instance (under the Rules of Court).
RULING
The Supreme Court dismissed the petition for lack of merit. It held that the charge of indirect contempt falls under Rule 71, Section 4 of the Rules of Court, which provides that such proceedings may be filed in the Court of First Instance of the province or city where the contempt was committed. The punishment for contempt is prescribed under Section 6 of the same Rule, not under a penal statute. The Court ruled that contempt, as defined in Rule 71, is not a criminal offense within the meaning of Section 87 of the Judiciary Act (which defines municipal and city court jurisdiction over criminal cases) and is not initiated by information but as a special civil action. Furthermore, the procedure followed by the City Fiscal was in accordance with the Charter of Ormoc City ( R.A. No. 179 , as amended), Section 24(f) of which authorizes the Fiscal to subpoena witnesses and to enforce their attendance through application to the Municipal Court or the Court of First Instance.