David v. Agbay (2015)  land.
Dispute between the two families
*issue and rationale focus entirely on the topic of jurisdiction*
 
Villarama, JR., ​J.
I. Issue:   (citizenship defect), making it void ab initio.
● W/N the MTC properly denied petitioner’s
motion for re-determination of probable
cause on the ground of lack of jurisdiction
over the person of the accused. ​NO​.
 
II. Relevant Facts:  Cause which the MTC denied ​on the
● 1974 - Petitioner, Renato David, migrated to
Canada and became a naturalized Canadian
citizen. But upon his retirement, he went
back to the PH with his wife.
● 2000 - David and wife bought a 600sqm lot
in Tambong, Gloria, Oriental Mindoro, and
built a residential house there.
● 2004 - They found out that the portion where
they built their house on is public land and
part of the salvage zone.
● April 12, 2007 - Petitioner filed a MLA
(Miscellaneous Lease Application) for the
subject land and indicated, herein, that he is
a Filipino citizen (even though he wasn’t yet).
● Respondent, Editha A. Agbay, opposed this
application, contending that petitioner is
disqualified to own this land because he is a
Canadian citizen. She then filed a criminal
complaint for falsification of public
documents (Art. 172).
● Petitioner thereafter reacquired his
citizenship under RA 9225 on Oct. 11, 2007
(issued by Toronto Consulate of the
Philippines).
● As a defense, petitioner said that when he
filed the MLA, he already ​intended t​ o
reacquire his citizenship that was why he
already declared that he is a Filipino. He also
alleged that Agbay was the one who didn’t
have the right to sell the land as it is public
ensued.
● June 3, 2008 - CENRO rejected David’s
MLA, ruling that his reacquisition of
citizenship did not cure the defect of his MLA
● 2010 - Information for Falsification of Public
Document and a warrant of arrest were
issued against David.
● Feb. 11, 2011 - petitioner filed an Urgent
Motion of Re-Determination of Probable
ground of lack of jurisdiction over the
person of the accused and for the lack of
merit​. MTC reasoned that this is because
the crime was committed on 2007, during
this year, David was still a Canadian citizen.
● David elevated the case to the RTC and
asserted that, ​jurisdiction over the person
of an accused cannot be a pre-condition
for the re-determination of probable case
by the court​.
● RTC denied the petition. Petitioner argued
that compelling him to return to his legal
residence in Canada and to surrender or
allow himself to be arrested under a warrant
(that he has a right to question) is
pre-empting his right to question the validity
of the said warrant of arrest against him
before it was implemented—this, according
to him, was tantamount to a denial of due
process.
III. Rationale: 
● OSG: In seeking an affirmative relief from
the MTC when he filed the Urgent Motion for
Re-determination of Probable Case,
petitioner is deemed to have submitted his
person to the said court’s jurisdiction by his
voluntary appearance. Nonetheless, the
RTC still did not make a mistake in ruling
that MTC did not commit grave abuse of
discretion because the motion is correctly
 denied by virtue of the arguments it
contained.
● SC: MTC did not err in finding probable
cause for falsification of public document
under Art. 172, par. 1. (Relevance: warrant is
valid, there is probable cause, despite the
issue on jurisdiction)
● SC: Custody of the law is not required for the
adjudication of reliefs other than an
application of bail. According to ​Miranda v.
Tuliao, ​jurisdiction over the person of the
accused is deemed waived when he files
any pleading seeking an affirmative relief,
except in cases when he invoked the special
jurisdiction of the court by impugning such
jurisdiction over his person. ​MTC erred ​in
stating that it lacked jurisdiction over David’s
person, considering that he sought
affirmative relief in filing his motion for
re-determination of probable case. However,
the denial of this motion is still valid since
MTC did not commit grave abuse of
discretion, since the motion lacks merit.

IV. Dispositive: 
● Petition denied. RTC decision affirmed and
upheld.