We believe that the answer should be in the negative. The question, therefore, is whether the justice of the peace court has concurrent jurisdiction with the court of First Instance when the crime charged is damage to property through reckless negligence or imprudence if the amount of the damage is P125. Robles, 87 Phil., 834, it was held that in the cases provided for in Section 87 (c) of the Judiciary Act of 1948 above quoted, the jurisdiction given to justices of the peace and judges of the municipal courts is not exclusive but concurrent with the courts of first instance, when the penalty to be imposed is more than six months imprisonment or a fine of more than P200.00.
Peñas Y Ferrer and Rey y Rochas, 86 Phil., 596 and Natividad, et al. (c) All criminal cases arising under the laws relating to: Original jurisdiction to try criminal cases.-Justices of the peace and judges of municipal courts of chartered cities shall have original jurisdiction over: Section 87 of said Acts reads as follows. (f) In all criminal cases in which the penalty provided by law is imprisonment for more than six months, or a fine of more than two hundred pesos: Original jurisdiction.-Courts of First Instance shall have original jurisdiction: Section 44 of the Judiciary Act of 1948 (Republic Act No. The defendant appealed from this ruling of the Court of First Instance to this Court on the question of law raised. The Justice of the Peace forwarded the case to the Court of First Instance of Pampanga, but the latter returned it to him for trial on the merits, holding that the justice of the peace court had jurisdiction. Quizon filed a motion to quash on the ground that, under Article 365 of the Revised Penal Code, the penalty which might be imposed on the accused would be a fine or from P125.00 to P375.00, which is in excess of the fine that may be imposed by the justice of the peace court.
On December 19, 1952, the respondents Chief of Police of Bacolor, Pampanga, filed a criminal complaint against the herein petitioner, Francisco Quizon, with the Justice of the Peace Court of said municipality charging Quizon with the crime of damage to property through reckless imprudence, the value of the damage amounting to P125.00. Liwag and Assistant Solicitor General Francisco Carreon for respondents. JUSTICE OF THE PEACE OF BACOLOR, PAMPANGA, ET AL., respondents.
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