1. CRIMINAL PRACTICE AND PROCEDURE; "INJURIAS GRAVES;" SUFFICIENCY OF THE INFORMATION; DISMISSAL. — An information was filed by the provincial fiscal, at the instance of the offended party and signed by the latter, charging the accused with grave slander (injurias graves), under which information the defendant was convicted. Held: That, as the crime injuria falls under section 1 of Act No. 1773, which provides that the complaint in such a parents, or guardian, the trial court had no jurisdiction of the subject-matter and that the information and all the proceedings based thereon should be dismissed.

2. ID.; ID.; ID.; ENUMERATED IN SECTION 1, ACT NO. 1773; WAIVER. — With respect to the crimes enumerated in section 1 of Act No. 1773, an information filed "at the instance" of the party aggrieved is not a substantial compliance with the provisions of said section, and the fact that no objection was made to the form of the information in the court below not constitute a waiver.

3. ID.; OBJECTION BASED ON LACK OF JURISDICTION; DISMISSAL. — An objection based upon a lack of jurisdiction may be raised at any stage of the proceedings, either in the court below or upon appeal. Courts do not hesitate to dismiss proceedings exp emro motu whenever it clearly appears the subject-matter is not within their jurisdiction.

4. ID.; JURISDICTION IN CRIMINAL CASES CONFERRED ONLY BY LAW. — Jurisdiction, in a criminal case, can not be conferred on the court by the accused only by the sovereign authority which organized the court, and is given only in the manner and form prescribed by law.

The proceedings in this case were instituted, and the defendant tried and convicted upon a information filed by the fiscal of the Province of Bohol, of which the following is an exact copy:jgc:chanrobles.com.ph

"ESTADOS UNIDOS DE AMERICA, ISLAS FILIPINAS.

"Los Estados Unidos contra Carlos Castañares. Injurias graves. "Causa criminal No. ____

"En el Juzgado de Primera Instancia de la Provincia de Bohol, I. F., 11.