Chapter 1. Preliminary Consideration

Question 1

What type of interpretation should be set in the rules and criminal procedure?

Answer 1

The rules and criminal procedure must be liberally construed in order to promote their objective of securing, adjust PD and inexpensive disposition of every action in proceeding

Question 2

What is the purpose by the rules on criminal procedure must be liberally construed?

Answer 2

This is to promote the objective of securing, adjust, speedy and inexpensive disposition of every action and proceeding

Question 3

What are direct requisites for the exercise of criminal jurisdiction before a court acquired jurisdiction over criminal cases

Answer 3

1. Jurisdiction over the subject matter.
2. jurisdiction over the territory.
3. Today’s diction over the present of the accused

Question 4

Discuss the difference between jurisdiction over the subject matter and jurisdiction over the person of the accuse

Answer 4

Number one. Jurisdiction over the subject matter refers to the authority of the court to hear and determine a particular criminal case in simple term. It is a jurisdiction over the offense charge.

Number two. jurisdiction over the person of the accuse by contrast refers to the author of the court, not over the subject matter of the criminal litigation, but over the person charge. Jurisprudence teaches that jurisdiction over the person of the accuse is acquired upon number one his arrest or apprehension, with or without warrant, or number two, his voluntary appearance or submission to the jurisdiction of the court.

Question 5

What do you mean by jurisdiction over the subject matter? What is the power that it entails?

Answer 5

 the power to determine whether or not it has the authority to hear, and determine the controversy presented, and the right to decide, whether or not the statement of fact that conferred jurisdiction exist, as well as the other matters that arise in the case legitimately before the court

Question 6

Another words, the power over subject matter means that…

Answer 6

It is not only the power and authority to hear, and determine issues of facts. End of low the power to inquire into the fact, top lie the law, and to pronounce the judgment.

Question 7

How is jurisdiction over subject matter conferred?

Answer 7

Jurisdiction of subject matter is conferred by law, and the lack of it affects the very authority of the court recognizance, and to render judgment on the action

Question 8

True or false. A void judgment, for one of jurisdiction is no judgment at all, and can be the source of any right and creator of

Answer 8

False it cannot be the source of any right, nor the creator of any obligation

Question 9

Why jurisdiction is confirmed by law what else determine the nature of the action and the jurisdiction of the court?

Answer 9

Allegations in the complaint, also determine the nature of the action in the jurisdiction of the court

Question 10

 true or false, the cause of action is based on the designation of the complaint stated

Answer 10

False . the cause of action in a complaint is based on the allegations in the body of the complaint, defined and describe

Question 11

Is it jurisdiction over the subject matter in a criminal case can be conferred upon the court by the accused, whether it’s express Weaver or otherwise

Answer 11

 no it is conferred by the sovereign authority, which organized the court, and is given only by law in the manner and form prescribed by the law. Therefore, it cannot be presumed or implied, but clearly  appear from the law, or it will not be held to exist.

Question 12

Can the jurisdiction over the subject matter be also acquired through a waiver, or enlarged by the omission of the parties, or conferred by the acquiescence of the court

Answer 12

No subject matter jurisdiction is only conferred by law

Question 13

In the subject matter is also confirmed by unilateral assumption by the any tribunal

Answer 13

No

Question 14

Explain why confirm of jurisdiction cannot be presumed

Answer 14

The jurisdiction can it just be prudent, upon doubtful inferences, drawn from the statute, because in order to a certain, whether accordance jurisdiction or not, the provisions of law, shall be inquired into.

Question 15

How is jurisdiction over the subject matter determined

Answer 15

 again the jurisdiction over a criminal case, is determined by the allegations in the complaint or information so the court should therefore look into the allegations in order for them to identify whether or not it has jurisdiction over the offense

Question 16

True or false.  the jurisdiction of the court is also determined by the evidence presented by the parties at the trial.

Answer 16

No, neither it is determined by the defenses set up by the defendant or Doc use allegations in the complaint, or information, constitute the guide in determining the jurisdiction of the court disregard the defenses of the use, or whatever evidence is presented during the trial

Question 17

The RTC by virtual, the allegations of the complaint, has acquired jurisdiction over the offense of frustrated homicide, but it is found out that the evidence of during the trial shows the commission of an offense of less serious physical injuries, which is cognizable by the MTC, if initially filed, will the RTC loss its jurisdiction over the offense charge and impose proper penalty for the offense proof

Answer 17

No, the RTC does not lose its jurisdiction over the offense charge, and may still impose the proper penalty for the offense prove it under the law the jurisdiction to court is referred to, as continuing in view of the general principal that once a quarter acquired jurisdiction, The jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction.  the only exception is if there is an express provision in the statute, for the statute is clearly intended to apply to action spending before its enactment.

Question 18

Can an objection based on the ground that the court lux jurisdiction over the subject matter may raise?

Answer 18

Yes, it is considered Moto Proprio by the court at any stage of the proceedings or an appeal. Questions of jurisdiction may be cognizable, even if it raised for the first time on appeal however, it has limitation. 

Question 19

How is jurisdiction over the person acquired?

Answer 19

Jurisdiction, where the person that use is acquired upon the RS or apprehension with the without warrant, or his voluntary appearance, or submission to the jurisdiction of the court

Question 20

True or false, filing, pleading, seeking affirmative relief constitutes voluntary appearance, and the consequence jurisdiction of one person, so that jurisdiction of the court

Answer 20

True