SCHNECKENBURGER vs. MORAN

RODOLFO A. SCHNECKENBURGER versus MANUEL V. MORAN, Judge of First Instance of Manila

G.R. No. L-44896

July 31, 1936

FACTS:

         

Rodolfo A Schneckenburger was a duly accredited honorary consul of Uruguay at Manila, Philippine Islands on June 11, 1934. He was subsequently charged in the Court of First Instance of Manila with the crime of falsification of a private document. He objected to the jurisdiction of the court on the ground that both under the Constitution of the United States and the Constitution of the Philippines the Court of First Instance had no jurisdiction to try him. His objection having been overruled, he filed a petition for a writ of prohibition with a view to preventing the Court of First Instance of Manila from taking cognizance of the criminal action filed against him.

ISSUE/S:

         

          Whether or not the Court of First Instance has jurisdiction over a case against a consul?

HELD:

          The Supreme Court held that the Court of First Instance of Manila has jurisdiction to try Rodolfo A Schneckenburger and that his petition for a writ of prohibition must be denied.

This case involves no question of diplomatic immunity. It is well settled that 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. Such jurisdiction included the trial of criminal actions brought against consuls for, as we have already indicated, consuls, not being entitled to the privileges and immunities of ambassadors or ministers, are subject to the laws and regulations of the country where they reside.