Criminal Procedure: Criminal Jurisdiction Flashcards
Define Criminal Jurisdiction
It is the authority to hear, try and decide a particular offense and impose punishment for it.
It is conferred by law and is solely determined by the material allegations in the complaint.
Basic requirements before a court can acquire jurisdiction over a criminal case?
- The offense is one which the court is by law authorized to cake cognizance of
- The offense must have been committed within its territorial jurisdiction
- The person charged with the offense must have been brought into its forum for trial (jurisdiction over the accused)
How is jurisdiction over the subject matter in a criminal case conferred and determined
It is conferred by the sovereign authority that organized the court and is given only by law In the manner and form prescribed by law.
It is determined by the statute in force at the time of the institution of the action and not the commission of the offense,
Which court has jurisdiction over complex crimes?
It is lodged with the court having jurisdiction to impose the maximum and most serious penalty imposable forming part of the complex crime.
Which court has jurisdiction over crimes punishable by destierro?
First level courts. This is because destierro is below arrest mayor.
What does jurisdiction over the person of the accused mean?
It means that the person charged with the offense must be brought to its forum for trial either forcibly by warrant of arrest or upon his voluntary submission to the court.
How is jurisdiction over the person of the accused acquired?
- His arrest or apprehension, with or without a warrant
- His voluntary appearance or submission to the jurisdiction of the court.
What constitutes voluntary appearance by the accused?
- His pleading to the merits (such as filing a motion to quash or other pleadings)
- Filing bail
Is the defense of lack of jurisdiction over the person of the accused when the accused seeks affirmative relief?
Provide the exception to the rule.
Yes, as it constitutes voluntary appearance and a submission to the court’s jurisdiction.
It is deemed waived by the accused when he files any pleading seeking an affirmative relief, whether criminal or civil.
XP: When the pleading whose prayer is precisely for the avoidance of the jurisdiction of the court, which leads to a special appearance.
These pleadings may be:
- Motion to quash the complaint on the ground of lack of jurisdiction over the person of the accused.
- Motion to quash a Warrant of Arrest
What is territorial jurisdiction?
Jurisdiction over the territory or territorial jurisdiction is the territory where the court has jurisdiction to take cognizance or try the offense allegedly committed by the accused.
How do courts acquire territorial jurisdiction in criminal cases?
The offense should have been committed, or any of its essential ingredients should have taken place within the territorial jurisdiction of the court.
What is the remedy if the criminal action was filed in the wrong venue?
The remedy of the accused is to file a motion to quash the complaint or information on the ground of lack of jurisdiction over the offense charged before entering a plea
Criminal Jurisdiction over MTCs?
- EOJ over all violations of city or municipal ordinances committed within their respective territorial jurisdiction.
- EOJ over all offenses with a punishment not exceeding 6 years, irrespective of the fine, and regardless of other imposable penalties
- Offenses involving damage to property through criminal negligence (where the imposable fine does not exceed P150k)
- Offenses where the penalty provided for by law is a fine not more than P4k
- Cases covered by summary procedure:
a. Violations of traffic rules, rental law or municipal or city ordinances
b. Criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 1 year or a fine not exceeding P50k
c.
Criminal Jurisdiction of RTC’s
- EOJ over all criminal cases not within the exclusive jurisdiction of any court, tribunal or body.
- EOJ over money laundering cases. Those committed by public officers and private persons in conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan.
- EOJ over cases of libel and written defamation
- EOJ over dangerous drugs cases
- EOJ over violation of the cybercrime prevention act
- EOJ over PCA
- EOJ over cases under the Juvenile Justice and Welfare Act
- EOJ over violations of the Special Protection of Children against abuse, exploitation and discrimination act
- EOJ over VAWC
- EOJ over violations of the Omnibus Election Code (XP: Failure to register or failure to vote)
- In cases where none of the accused are occupying salary grade positions 26 or higher, or military and PNP officers
- EOJ where the information does not allege any damage to the government or any bribery; or alleges damage to the same or bribery arising from the same or closely related transactions or acts in an amount not exceeding P1M
- Appellate Jurisdiction over cases decided by first level courts
- Special Jurisdiction to handle exclusively criminal cases which do not fall under the jurisdiction of quasi-judicial bodies.
Criminal Jurisdiction of the CA
Exclusive appellate jurisdiction over final judgments, orders or awards of the RTC and quasi-judicial bodies
Criminal Jurisdiction of the Sandiganbayan
“a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
“(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
“(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads:
“(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;
“(c) Officials of the diplomatic service occupying the position of consul and higher;
“(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
“(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher;
“(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
“(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.
“(2) Members of Congress and officials thereof classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989;
“(3) Members of the judiciary without prejudice to the provisions of the Constitution;
“(4) Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and
“(5) All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position Classification Act of 1989.
Criminal Jurisdiction of the CTA
EOJ over all criminal offenses arising from violations of the NIRC or Tariff and Customs Code and other laws administered by the BIR or BIC where the principal amount of the tax claimed is 1M or more
Exclusive Appellate jurisdiction over appeals from the RTC in tax cases originally decided by them
Petitions for review from the RTC in the exercise of their appellate jurisdiction from METC/MTC on tax cases.
