D.

Characteristics of Philippine Criminal Law Case # 12

Exceptions: RPC, Art. 2

Schneckenburger v. Moran
63 Phil. 249 (1936)
Facts:
Schneckenburger, who is an honorary consul of Uruguay at Manila, was subsequently
charged in CFI-Manila with the crime of falsification of a private document. He objected to this
saying that under the US and Philippine Constitution, the CFI has no jurisdiction to try him. After
his objection was overruled, he filed a petition for a writ of prohibition to prevent the CFI from
taking cognizance of the criminal action filed against him. Aside from this, he contended that
original jurisdiction over cases affecting ambassadors and consuls is conferred exclusively upon
the Supreme Court of the Philippines.

Issues: 1. Whether or not the US SC has original jurisdiction over cases affecting ambassadors,
consuls, etc., and such jurisdiction excludes courts of the Phil.

2. Whether or not original jurisdiction over cases affecting ambassadors, consuls, etc., is
conferred exclusively upon the Supreme Court of the Philippines.

Ruling: No; No

Ratio Decidendi:

First of all, a consul is not entitled to the privilege of diplomatic immunity. A consul is not
exempt from criminal prosecution for violations of the laws of the country where he resides. The
inauguration of the Philippine Commonwealth on Nov. 15, 1935 caused the Philippine
Constitution to go into full force and effect. This Constitution is the supreme law of the land. It
also provides that the original jurisdiction of this court “shall include all cases affecting
ambassadors, consuls, etc.”

“The Supreme Court shall have original and appellate jurisdiction as may be possessed
and exercised by the Supreme Court of the Philippines at the time of the adoption of this
Constitution.” According to Sec. 17. of Act No. 136 and by virtue of it, jurisdiction to issue writs
of quo warranto, certiorari, mandamus, prohibition and habeas corpus was also conferred on
the CFIs. As a result, the original jurisdiction possessed and exercised by the Supreme Court
of the Philippines at the time the Constitution was adopted was not exclusive of, but concurrent
with, that of the CFIs. The original jurisdiction conferred to SC by the Constitution was not an
exclusive jurisdiction.