HECTOR TRENAS V.

PEOPLE OF THE PHILIPPINES

G. R. No. 195002, January 25, 2012, Sereno, J.

Facts:
A criminal case for estafa was filed against Atty. Treas before the RTC
of Makati City. Elizabeth alleged that she entrusted to Atty. Treas an amount
for the titling of a property. For failure to transfer the title of the property, Atty.
Treas issued to Elizabeth a check for refund. When the said check was
deposited at Equitable PCI Bank dela Rosa-Rada Branch at Makati City, the
same was dishonored by the drawee bank.
Petitioner asserts that the prosecution witness failed to allege that the acts
material to estafa had occurred in Makati City, that nowhere in the evidence
presented by the prosecution does it show the money was given to and received
by petitioner in Makati City, that the Deed of Sale prepared by petitioner was
signed and notarized in Iloilo City and that the only time Makati City was
mentioned was with respect to the time when the check provided by petitioner
was dishonored by Equitable-PCI Bank in its dela Rosa-Rada Branch in
Makati. Petitioner contends that the trial court failed to acquire jurisdiction
over the case.

Issue:
Whether the RTC of Makati City had jurisdiction over the estafa case.

Ruling:
No. A court cannot exercise jurisdiction over a person charged with
an offense committed outside its limited territory. Jurisdiction over the subject
matter in a criminal case cannot be conferred upon the court by the accused,
by express waiver or otherwise. That jurisdiction is conferred by the sovereign
authority that organized the court and is given only by law in the manner and
form prescribed by law.
Although the prosecution alleged that the check issued by petitioner was
dishonored in a bank in Makati, such dishonor is not an element of estafa
under Art. 315, par. 1 (b) of the RPC. There being no showing that the offense
was committed within Makati, the RTC of that city has no jurisdiction over the
case.