Jurisdiction of Courts and Prosecution of Offenses Flashcards
What cases are within the jurisdiction of the Municipal Trial Courts?
(1) Violations of city or municipal ordinances
(2) Offenses punishable with imprisonment not exceeding six years (except if the case falls within the RTC or Sandiganbayan)
(3) Offenses involving damage to property through criminal negligence
(4) Summary procedure in certain cases
(5) Special jurisdiction to decide on applications for bail in criminal cases in the absence of all RTC judges
What cases are within the jurisdiction of the Regional Trial Courts?
(1) All criminal cases not within the jurisdiction of any court
(2) Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction
(3) Appellate jurisdiction over all cases decided by the MTC
(4) Special jurisdiction of certain branches to handle exclusively criminal cases as may be determined by the Supreme Court
(5) Criminal cases under specific laws (Example, Dangerous Drug Act, Violation of Intellectual Property Rights)
What cases are within the jurisdiction of the Sandiganbayan?
(1) Violations of the Anti-Graft and Corrupt Practices Law
(2) Other offenses and felonies whether simple or complexed with other crimes committed by the public officials and employees in relation to their office
How are criminal actions instituted? What is its effect?
For offenses where a preliminary investigation is required, by filing a complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
For other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.
The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided.
Who can prosecute criminal actions?
All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor, or in the absence of such, a private prosecutor.
When is the complaint or information deemed sufficient?
A complaint or information is deemed sufficient if it states:
(1) The name of the accused
(2) The designation of the offense given by the statute
(3) The acts or omissions complained of as constituting the offense
(4) The name of the offended party
(5) The approximate date of the commission of the offense
(6) The place where the offense was committed
As a requirement for the sufficiency of the complaint or information, what are the rules regarding the name of the accused?
The complaint or information must state the name or nickname of the accused. If his name is not ascertained, he must be described under a fictitious name with a statement that his name is unknown.
If the true name of the accused is disclosed or appears in some other manners in court, his true name must be inserted in the complaint or information.
As a requirement for the sufficiency of the complaint or information, what are the rules regarding the date of the commission of the offense?
It is not necessary to state in the complaint or information the precise date of the commission of the offense except when it is material to the case. The offense may be alleged to have been committed on a date near as possible to the actual date.
As a requirement for the sufficiency of the complaint or information, what are the rules regarding the place of the commission of the offense?
In all criminal prosecutions, the action shall be instituted and tried in the court of the municipality or province wherein the offense was committed or any one of the essential ingredients thereof took place.
Unless the particular place of commission is an essential element of the offense charged, conviction may be had even if it appears that the crime was committed not at the place alleged in the information, provided the place of actual commission was within the jurisdiction of the court.
Can an information or complaint charge more than one offense?
A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses.
What is the rule regarding amendment or substitution of a complaint or information?
A complaint or information may be amended, in form or substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may be only made with the leave of court and when it can be done without causing prejudice to the rights of the accused.
What is the rule if there is a mistake in charging the proper offense?
If it appears at any time before judgement that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense, provided that the accused shall not be placed in double jeopardy.
What is the additional rule when it comes to charging in an information or complaint crimes against property?
In charging the crime of robbery upon the person, the information should state the name of the owner of the property robbed. Ownership must be alleged as it is essential to the proper description of the offense. But if his name cannot be ascertained, it may be stated as unknown.
Can an accused be convicted of a crime merely alleged in the information as an aggravating circumstance after having been acquitted of the main charge in the information?
The designation of the crime charged in the information is not controlling. It is merely a conclusion of law on the part of the fiscal. The factor that characterizes the charge is the actual recital of the facts.
When can an amendment of the information considered as prejudicial to the accused?
An amendment of the information prejudices the rights of an accused when a defense under a complaint or information, as it originally stood, would no longer be available after the amendment is made, and when any evidence the accused might have, would be inapplicable to the complaint or information as amended.
