The undersigned Asst. Prov’l. Prosecutor accuses Mrs. Mila Pangilinan of the Crime of Estafa, committed as follows:

That on or about the 15th day of June, 1984 in the municipality of Tanay, Rizal Philippines and within the jurisdiction of this Honorable Court the above-named accused, by means of false pretenses and misrepresentations introduced and misrepresented herself that she was instructed by Mr. Rodolfo Elnar, father of Miss Luzviminda SJ Elnar, a girl 15 years of age, to get one (1) stereo component, marked Fisher PH 430K valued at more or less P17,000.000, one (1) headphone, one (1) electrical jack and two (2) record tapes worth P450.00, or with total amount of P17, 450.00 form their house and falsely alleging that said father of the minor further instructed her that the stereo component be tested in a turntable somewhere in EDSA, Mandaluyong, Metro Manila did then and there willfully, unlawfully and feloniously and taking advantage of the inexperience and feelings of the said minor, induce the said minor Luzviminda SJ Elnar to give her said stereo component and electrical parts belonging to spouses Rolando Elnar and Soledad SJ Elnar when in truth and in fact said accused was not authorized by Mr. Rolando Elnar to have said stereo components be tested and once said accused had in her possession the said articles, she took them away to the damage and prejudice of such Mr. and Mrs. Rolando Elnar in the aforesaid amount of P17,450.00.

CONTRARY TO LAW. MisÓ spped

xxx and that there being no proof of mitigating and or aggravating circumstances which attended the commission of the offense, the appellant should suffer the penalty of four (4) months of arresto mayor and a fine of P17,450.00 with subsidiary imprisonment in case of insolvency.3 [Rollo, p. 87.]

THAT THE DECISION OF THE TRIAL COURT CONVICTING HEREIN ACCUSED IS NULL AND VOID FOR LACK OF JURISDICTION OVER THE CRIME CHARGED. BEING NULL AND VOID, THE DECISION OF THE COURT OF APPEALS ON APPEAL HEREIN CANNOT VALIDATE IT;

IN THE ALTERNATIVE, ASSUMING WITHOUT ADMITTING THAT THE TRIAL COURT HAD JURISDICTION OVER THE CASE, THE GUILT OF THE PETITIONER HAS NOT BEEN PROVEN BEYOND REASONABLE DOUBT.7 [Id., at 25.]

WHEREFORE, the court finds the accused MILA PANGILINAN, GUILTY of the Crime of Estafa, in violation of Article 315 of the Revised Penal Code, as amended and hereby sentences her to suffer imprisonment of One (1) year, Eight (8) months and Twenty (20) days of Prision Correccional, as minimum to Five (5) years, Five (5) months and Eleven (11) days of Prision Correccional as maximum, plus costs.

Further to pay the complainant Soledad Elnar the amount of P17,000.00 the value of the unrecovered one stereo component. Sppedâ

SO ORDERED.

1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return the same;

2. That there be misrepresentation or conversion of such money or property by the offender, or denial on his part of such receipt;

3. That such misappropriation or conversion or denial is to the prejudice of another; and

4. That there is a demand made by the offended party to the offender.9 [Reyes, Revised Penal Code, Book II, 1993.]

Section 32. Jurisdiction of Metropolitan Trial courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. ScmisÓ

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding four years and two months, or a fine of not more than four thousand pesos, or both such fine and imprisonment regardless of other imposable accessory or other penalties, 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 jurisdiction where the imposable fine does not exceed twenty thousand pesos.

It has been held that a party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. In this case just cited, by way of explaining the rule, it was further said that the question whether the court had jurisdiction either of the subject-matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the judgment or order of the court is valid and conclusive as an adjudication, but for the reason that such a practice can not be tolerated – obviously for reasons of public policy.

The operation of the principle of estoppel on the question of jurisdiction seemingly depends upon whether the lower court had jurisdiction or not. If it had nor jurisdiction, but the case was tried and decided upon the theory it had jurisdiction, the parties are not barred, on appeal, from assailing such jurisdiction, for the same "must exist as a matter of law, and may not be conferred by consent of the parties or by estoppel."13 [People vs. Casiano, 111 Phil. 73 (1961), citing 5 CJS, 861-863.] Joä spped

"Where life or liberty is affected by its proceedings, the court must keep strictly within the limits of the law authorizing it to take jurisdiction and to try the case and to render judgment. It cannot pass beyond those limits in any essential requirement in either stage of these proceedings; and its authority in those particulars is not be enlarged by any mere inferences from the law or doubtful construction of its terms. There has been a great deal said and written, in may cases with embarrassing looseness of expression, as to the jurisdiction of the courts in criminal cases. From a somewhat extended examination of the authorities we will venture to state some rule applicable to all of them, by which the jurisdiction as to any particular judgment of the courts in such cases may be determined. It is plain that such court has jurisdiction to render a particular judgment only when the offense charged is within the class of offenses placed by the law under its jurisdiction; and when in taking custody of the accused, and its modes of procedure to the determination of the question of his guilt or innocence, and in rendering judgment, the court keeps within the limitations prescribed by the law, customary or statutory. When the court goes out of these limitations its action, to the extent of such excess, is void."14 [People v. Pegarum, 58 Phil. 715 (1933)]

Sec. 4. Judgment in case of variance between allegation and proof. When there is a variance between the offense charged in complaint or information, and that proved or established by the evidence, and the offense as charge is included in or necessarily includes the offense proved, the accused shall be convicted or of the offense charge included in that which is proved. Sppedä jo