Jurisdiction and Basic Principles

Question 1

Definition: Criminal Procedure

Answer 1

It is a series of processes whereby the State prosecutes a person for an act or omission punishable by law.

Question 2

What is the system of Criminal Procedure in the Philippines?

Answer 2

Adversarial / Accusatorial

Question 3

How do you define a Felony?

Answer 3

It is an act and omission punishable by law either by deceit (dolo) or by fault (culpa).

Question 4

Where is crime defined?

Answer 4

In the Revised Penal Code

Question 5

What is an offense?

Answer 5

It is a crime defined and punished by a special law.

Question 6

What did the Supreme Court ruled in the case of Albert vs. University Publishing House, January 30, 2965) on the due process mandatory?

Answer 6

“Law which hears before it condemns and proceeds upon inquiry, and renders judgment only after trial.”

Question 7

What is a Criminal Jurisdiction?

Answer 7

It is an authority to hear and to try a particular offense and impose the appropriate punishment for it.

Question 8

What are the basic requisites before a Court can acquire jurisdiction over criminal cases?

Answer 8

1. Jurisdiction over the subject matter.
2. Jurisdiction over the territory.
3. Jurisdiction over the person of the accused.

Question 9

Definition: Jurisdiction over the subject matter.

Answer 9

In the case of Antiporda, Jr. vs. Garchitorena, 321 SCRA 551, the Supreme Court refers jurisdiction over the subject matter as:

The authority of the court to hear and determine a particular criminal case.

Question 10

How is jurisdiction over the subject matter conferred?

Answer 10

1. By the relevant allegations in the complaint;
2. By the law in effect when the action is filed; and
3. By the character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the claims asserted.

Question 11

How is the jurisdiction over the territory acquired?

Answer 11

In the case of Abalos vs. People, G.R. No. 136994, September 17, 2002, the Supreme Court held that

The offense should have been committed or any of its essential ingredients should have taken place within the territorial jurisdiction of the court.

Question 12

What are the EXCEPTIONS to the Territory Rule?

Answer 12

1. Art 2 of the Revised Penal Code. Cognizable by the Court where the criminal action is first filed
   (Section 15 (d), Rule 110).
2. Change of venue
   (Section 5 (4), Article VIII, 1987 Constitution).
3. Train/aircraft
   (Section 15 (b) Rule 110).
4. On board a vessel
   (Section 15 (c))

5.Cases cognizable by Sandiganbayan
(Nature of the offense and salary grade of the accused)

6. Art. 360 –Libel- Revised Penal Code.
7. On written defamation
   (Agbayani vs. Sayo, 89 SCRA 699)

Question 13

Definition: Jurisdiction over the person of the accused.

Answer 13

• It refers to the authority of the court, not over the subject matter of criminal litigation, but over the person charged.
• Brought in to the court for trial either through a warrant of arrest or upon his voluntary surrender.

Question 14

What are the Jurisdiction of Different Courts?

Answer 14

1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Regional Trial Court / Family Court
5. Metropolitant / Municipal
   / Municipal Circuit Trial Court

Question 15

Definition: Venue

Answer 15

• In criminal cases, venue is an essential element of jurisdiction.
• It is determined by the allegations of the complaint or the information.
  (Campamano, Jr. vs. Datuin, 536 SCRA 471)
  (Macasaet vs. People of the Philippines, 452 SCRA 255)

Question 16

Venue in Criminal Cases

Answer 16

“Jurisdiction being a matter of substantive law, the established rule is that Statute in force at the time of the commencement of the action.”

(Section 15, Rule 110)
(Cang vs. C.A. 296 SCRA 128, 1998)
(Elvira Yu Oh vs. C.A. , June 6, 2003)