RECKLESS

IMPRUDENCE
RESULTING TO
H T P H Y SI CA L
SLIG
INJURIES
ON. LANZON
EULOGIO. GORD
GROUP 5
 ISSUE ON
JU RI S D IC T IO N
MTC has jurisdiction
● B is correct. It is MTC, not RTC has jurisdiction of the case.
● Under RA 7691 and and Section 32(2) of B.P. 129
○ Metropolitan Trial Courts (MeTCs), Municipal Trial Courts (MTCs), and Municipal Circuit Trial
Courts (MCTCs) has exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties, or including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided,
however, That in offenses involving damage to property through criminal negligence, they shall
have exclusive original jurisdiction thereof
● Since offenses punishable by imprisonment of not exceeding 6 years were within the jurisdictional
ambit of the MeTCs, MTCs and MCTCs, it follows that those penalized with censure, which is a
penalty lower than arresto menor in Article 71 of the Revised Penal Code and with a duration of 1 to
30 days, should also fall within the jurisdiction of said courts.
 ISSUE ON
PR E S C R I P T I O N
The offense has not yet prescribed
● Article 90 of the Revised Penal Code, reckless imprudence resulting in slight physical injuries, being a light
felony, prescribes in two months.
● Under Rule 110, Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the
complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in
their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws.

● Prescription period has not lapsed because they filed it 3 days after the incident before the Prosecutor’s
office
In this case, A was able to file the complaint to the proper
authority 3 days after the incident. The institution of the criminal
action interrupted the running period of prescription of the offense
charged.
B’S M O T IO N TO
AS H IS VA L ID
QU
du e t o L A C K O F
JU R I S D I CT IO N