[G.R. No. 44896.

July 31, 1936]

RODOLFO A. SCHNECKENBURGER vs. MANUEL V. MORAN

FACTS:

Rodolfo Schneckenburger was duly accredited honorary consul of Uruguay at

Manila, Philippine Islands on June 11, 1934. He was charged in the Court of First
Instance of Manila with the crime of falsification of a private document. He objected
with the reason that both under the Constitution of the United States and the
Constitution of the Philippines have no jurisdiction to try him. Then he filed for a
petition of writ of prohibition to prevent the Court of First Instance of Manila from
taking cognizance of the case.

He contends:
(1) That the Court of First Instance of Manila is without jurisdiction to try the case
filed against him for the reason that under Article III, section 2, of the Constitution
of the United States, the Supreme Court of the United States has original
jurisdiction in all cases affecting ambassadors, other public ministers, and consuls,
and such jurisdiction excludes the courts of the Philippines. To which the court
stated that in the exercise of its powers and jurisdiction, this court is bound by the
provisions of the Constitution. The Constitution provides that the original
jurisdiction of this court "shall include all cases affecting ambassadors, other public
ministers, and consuls"; and
(2) Also he contended that even under the Constitution of the Philippines, original
jurisdiction over cases affecting ambassadors, other public ministers, and consuls, is
conferred exclusively upon the Supreme Court of the Philippines. The original
jurisdiction possessed and exercised by the Supreme Court of the Philippine Islands
at the time of the adoption of the Constitution was not exclusive of, but concurrent
with, that of the Courts of First Instance, therefor not EXCLUSIVE ONLY TO THE
SUPREME COURT.

ISSUE:
WHETHER OR NOT A CONSUL IS ENTITLED TO PRIVELEGES AND
IMMUNITIES OF AN AMBASSADOR OR MINISTER?

RULING:

It is well settled rule that a consul is NOT ENTITLED TO THE PRIVILEGES AND
IMMUNITIES OF AN AMBASSADOR OR MINISTER, BUT IS SUBJECT TO THE
LAWS AND REGULATIONS OF THE COUNTRY TO WHICH HE IS
ACCREDITED. A CONSUL is not exempt from criminal prosecution for violations
of the laws of the country where he resides.