Ruth

Kristine A. San Pedro

CrimPro Digest Atty. Tranquil Salvador (Ateneo Law B2015)

Valdepenas vs. People (G.R. No. L-20687, April 30, 1966)

Doctrine: Jurisdiction over the person of an accused is acquired upon either his
apprehension, with or without warrant, or his submission to the jurisdiction of the court.

Appeal by Valdepeas from a decision of CA, affirming that of the CFI Cagayan,
convicting him of the crime of abduction with consent, and sentencing him to an
indeterminate penalty and to indemnify Ester Ulsano.

Ester Ulsano, 17yrs old, assisted by her mother filed forcible abduction with rape
against Valdepenas. CFI found him guilty as charged. CA modified to abduction with
consent.

Valdepenas filed an MR & MNT on the finding of minority at time of occurrence which
was granted but on retrial the prior CA ruling was affirmed. 2nd MR based on lack of
jurisdiction of CFI was denied so he filed petition for certiorari.

Petitioner's theory is that no complaint for abduction with consent has been filed and
the lower court acquired no jurisdiction over his person or over the crime of abduction
with consent and had, therefore, no authority to convict him.

Issue: WON CA erred in not reversing CFI for lack of jurisdiction over the person of the
accused and the subject matter of the action for the offense of abduction with consent?
NO!

Jurisdiction over the person of an accused is acquired upon either his
apprehension, with or without warrant, or his submission to the jurisdiction of
the court. In the case at bar, it is not claimed that petitioner had not been apprehended
or had not submitted himself to the jurisdiction of the court. Indeed, although brought
before the bar of justice as early as January 25, 1956, first, before the then justice of the
peace court of Piat, then before the CFI of Cagayan, later before the CA, thereafter back
to CFI, and then, again, before the CA, never, within the period of six (6) years had he
questioned the judicial authority of any of these three (3) courts over his person.
He is deemed waived whatever objection he might have had to the jurisdiction over his
person, and, hence, to have submitted himself to the Court's jurisdiction. His behaviour
and every single one of the steps taken by him before said courts particularly the
motions therein filed by him implied, not merely a submission to the jurisdiction
thereof, but, also, that he urged the courts to exercise the authority thereof over his
person.

Abduction with consent - jurisdiction over a given crime, not vested by law upon a
particular court, may not be conferred thereto by the parties involve in the offense.

In the case at bar, the offended woman and her mother have negated such preference by
filing the complaint and going through the trials and tribulations concomitant with the
proceedings in this case, before several courts, for the last ten (10) years. Petitioner says
that the complaint was for forcible abduction, not abduction with consent; but, as
already adverted to, the latter is included in the former.

This allegation implies that Ester is a minor living under patria protestas, and, hence,
single, thus leading to the presumption that she is a virgin. She was taken by force from
their dwelling when her mother was away and brought to a secluded area and raped.

CA and CFI affirmed. Cost against Valdepenas.