Scheneckenburger v.

Moran

Facts: Petitioner was duly accredited honorary consul of Uruguay at Manila. He was
subsequently charged with the crime of falsification of private documents. He
questioned the jurisdiction of the court on the ground that both under the Constitution
of the US and the Constitution of the Philippines, the Court of First Instance (“CFI”)
had no jurisdiction to try him.

Issues:

1. Whether or not the US Supreme Court (“SC”) has original jurisdiction over
cases affecting ambassadors, consuls, et. al and such jurisdiction excludes
court of the Philippines.

2. Whether or not the original jurisdiction over cases affecting ambassadors,

consuls, et. al is conferred exclusively upon the SC of the Philippines.

Held: 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 to which he resides.

1. No. On Nov. 15, 1935, upon the inauguration of the Philippine Commonwealth,
the Constitution of the Philippines went into full force and effect. This
Constitution is the supreme law of the land. The same Constitution provides
that the original jurisdiction of the SC “shall include all cases affecting
ambassadors, consuls, et. al.”

2. No. The original jurisdiction possessed and exercised by the SC of the

Philippines at the time of the adoption of the Constitution was not exclusive of,
but concurrent with, that of the CFIs.

Further, the laws in force in the Philippines prior to the inauguration of the
Commonwealth conferred upon the CFI original jurisdiction in all criminal cases
to which a penalty of more than six months’ imprisonment or a fine exceeding
one hundred dollars might be imposed. Such jurisdiction included the trial of
criminal action brought against consul. By Article XV, section 2, of the
Constitution, all laws of the Philippine Islands in force at the time of the
adoption of the Constitution were to continue in force until the
inauguration of the Commonwealth; thereafter, they were to remain
operative, unless inconsistent with the Constitution until amended,
altered, modified, or repealed by the National Assembly.