Criminal Mtc to Rtc

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

MUNICIPAL TRIAL COURT

Branch 1, Makati City

PAULYN DELA REYNA,

Plaintiff-Appellant,

CRIMINAL CASE No. 4444

- versus -

FOR: LibelTEOPISTO VILLANUEVA,

Defendant-Appellee.

x------------------------------------------------------------------------------------------------------------------x

NOTICE OF APPEAL

DEFENDANT, by counsel, respectfully appeals to the Regional Trial Court the Decision of this Honorable Court dated March 17, 2015, a copy of which he received on March 24, 2015, for being contrary to law and the evidence presented.

Makati City; 6 April, 2015.

Atty. Florence Duque

Counsel for the Defendant

Unit 101 Dalmatian Towers,

Rockwell Center,

Poblacion St., Makati City

(SC ROLL No. 12345)

(IBP OR No. 000000, 11-15-2014,QC)

MCLE Compliance No. IV-0000000

Copy Furnished:

Atty. Mercedes FelicianoCounsel for the Plaintiff99 Problems Bldg., Salcedo St.,

Legaspi Village, Makati City

(SC ROLL No. 483578)

(IBP OR No. 915044, 11-6-2014, QC)


CLERK OF COURT

MUNICIPAL TRIAL COURT

Branch 1, Makati CityRepublic of the Philippines


REGIONAL TRIAL COURT


PAULYN DELA REYNA,



- versus -


Defendant-Appellee.

x------------------------------------------------------------------------------------------------------------------x

MEMORANDUM

Appellant, PAULYN DELA REYNA, through the undersigned counsel and unto this Honorable Court, respectfully submits this Memorandum as requested by the RTC, Branch 1 Makati City. This Appellant's Memorandum has been filed on APRIL 6, 2015, well within the fifteen (15) day period provided by law. The proper docket fees having been paid. THE PARTIES

Appellant, PAULYN DELA REYNA, is of legal age, single, and a resident of Unit 69 Palma Hall, Palma Street, Baranggay Poblacion, Makati City. SHe is currently a fourth year student in the San Beda Alabang Law School.

Plaintiff, TEOPISTO VILLANUEVA, is of legal age, single, and a resident of Unit 100 Palma Hall, Palma Street, Baranggay Poblacion, Makati City. He is currently a fourth year student in the San Beda Alabang Law School. Further, Plaintiff has been elected as Treasurer of the student council for the school year 2015-2016.STATEMENT OF THE CASE

On January 4, 2015, Plaintiff filed a criminal case for libel against the Defendant. The case was docketed as Criminal Case No. 12345 in the Municipal Trial Court of Makati City, Branch 1.

Defendant raised the issue of lack of jurisdiction over the subject matter against the Municipal Trial Court. The Municipal Trial Court overruled such objection. Hence, this appeal. ISSUE

Whether the Municipal Trial Court has jurisdiction over libel cases.ARGUMENT

Appellant does not deny that RA 7691 has expanded the jurisdiction of the Municipal Trial Court to include all criminal cases wherein the imposable penalty does not go beyond six years.

However, Appellant reiterates that, Article 360 of the Revised Penal Code categorically provides that jurisdiction over libel cases belong with the RTC.

Though RA 7691 was promulgated after the Revised Penal Code was promulgated, the latter cannot be deemed to have been repealed by the former. RA 7691 is merely a law of general application while the Revised Penal Code or BP 129 is a special law. The rules on statutory construction provide that a special law cannot be deemed impliedly repealed by a subsequent general law. PRAYER

WHEREFORE, Appellant respectfully prays for the DISMISSAL Criminal Case No. 4444 on the grounds of lack of jurisdiction of the Municipal Trial Court over libel cases.

Other just and equitable reliefs are prayed for.

City of Makati, on this 10th day of April, 2015.

Atty. Florence Duque

Counsel for Appellant

Unit 101 Dalmatian Towers,

Rockwell Center,

Poblacion St., Makati City

(SC ROLL No. 12345)

(IBP OR No. 000000, 11-15-2014,QC)


APPENDIX(Copy of Judgment Appealed from)Copy Furnished:

Atty. Mercedes FelicianoCounsel for the PlaintiffSuite 78, ZETA Bldg., Salcedo St.,


(SC ROLL No. 54321)

(IBP OR No. 915044, 11-6-2014, QC)


CLERK OF COURT


Branch 1, Makati CityRepublic of the Philippines




PAULYN DELA REYNA,



- versus -


Defendant-Appellee.

x------------------------------------------------------------------------------------------------------------------x

MEMORANDUM

Appellee, TEOPISTO VILLANUEVA, through the undersigned counsel and unto this Honorable Court, respectfully submits this Memorandum as requested by the RTC, and in response the memorandum submitted by the Appellant on April 6, 2015. This Appellant's Memorandum has been filed on April 10, 2015, well within the fifteen (15) day period provided by law. The proper docket fees having been paid. THE PARTIES

Appellee, TEOPISTO VILLANUEVA, is of legal age, single, and a resident of Unit 100 Palma Hall, Palma Street, Baranggay Poblacion, Makati City. He is currently a fourth year student in the San Beda alabang Law School. Further, Appellee has been elected as Treasurer of the student council for the school year 2015-2016.

Appellant, PAULYN DELA REYNA, is of legal age, single, and a resident of Unit 69 Palma Hall, Palma Street, Baranggay Poblacion, Makati City. She is currently a fourth year student in the San Beda Alabang Law School.

STATEMENT OF THE CASE

On February 4, 2015, Plaintiff filed a criminal case for libel against the Defendant. The case was docketed as Criminal Case No. 4444 in the Municipal Trial Court of Makati City, Branch 1.

Defendant raised the issue of lack of jurisdiction over the subject matter against the Municipal Trial Court. The Municipal Trial Court overruled such objection. Hence, the Defendant filed his appeal. ISSUE

Whether the Municipal Trial Court has jurisdiction over libel cases.ARGUMENT

It is clear from the provisions of RA 7691, which expanded the jurisdiction of that lower courts have the power to hear, try, and decide criminal cases where the penalty does not exceed six (6) years.

Also, Article 355 of the Revised Penal Code clearly provides that the penalty for libel shall be prision correccional in its minimum and medium periods. Such penalty provided by the law involves a period ranging from six months and one day to six years.

Thus, libel, with a maximum penalty of six years of imprisonment, clearly falls within the exclusive original jurisdiction of the Municipal Trial Court.PRAYER

WHEREFORE, Appellee respectfully prays for the dismissal of the Appeal and affirming the lower court's ruling in upholding jurisdiction over the libel case in Criminal Case No. 4444.

Other just and equitable reliefs are prayed for.

City of Makati, on this 10th day of April, 2015.Atty. Mercedes FelicianoCounsel for the Appellee99 Problems Bldg., Salcedo St.,


(SC ROLL No. 54321)

(IBP OR No. 915044, 11-6-2014, QC)


APPENDIX(Copy of Judgment Appealed from)Copy Furnished:Atty. Florence DuqueCounsel for the AppellantUnit 101 Dalmatians Towers,

Rockwell Center,

Poblacion St., Makati City(SC ROLL No. 00000)

(IBP OR No. 000000, 11-15-2014,QC)

MCLE Compliance No. IV-0000000CLERK OF COURT



Criminal Mtc to Rtc

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