Rule 110 Flashcards
What is preliminary investigation?
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
When is a preliminary investigation required?
It is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months, and 1 day without regard to the fine.
What process shall you follow upon filing a criminal action?
- File the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation (for applicable cases under Rule 112)
- For all orher offenses, file the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters
.
What is criminal procedure?
It is the adjudication process of criminal law.
What is jurisdiction?
- Authority of the court to entertain a particular kind of action or to administer a particular kind of relief
- Power of the court over the parties
- Power of the court over the property which is the subject to the litigation.
Jurisdiction in criminal procedure
- Jurisdiction over the subject matter
- Jurisdiction over the territory where the offense was committed
- Jurisdiction over the person of the accused.
What do you mean by jurisdiction over the subject matter?
The power to hear and determine cases of the general class to which the proceedings in question belong.
T or F. Is jurisdiction of a court determined by the evidence presented by the parties at trial?
No. Jurisdiction is determined by the allegations in the complaint or information.
If judgment is given without jurisdiction, what happens?
Judgment is void and cannot be given any effect. Even if the question of jurisdiction was raised for the first time on appeal or even after judgment.
T or F. Lack of jurisdiction over the subject matter may be raised at any stage of the proceedings.
True.
Jurisdiction of the Supreme Court
- Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher
e. All cases in which only an error or question of law is involved…
Jurisdiction of the Court of Appeals
- Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeqs corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction
- Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts
- Exclusive appellate jurisdiction over all final judgments, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, except those falling within the appellate jurisdiction of the Supreme Court
- The power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or Appeals must be continuous and must be completed within 3 months, unless extended by the Chief Justice.
Jurisdiction of the Court of Tax Appeals
- Exclusive original jurisdiction over all criminal offenses arising from violation of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs. Those cases with penalty charged na 1M pesos shall be tried by regular courts but CTA can be appellate
- Exclusive appellate jurisdiction in criminal offenses:
a. over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them, in their respected territorial jurisdiction
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction.
c. Jurisdiction over tax collection cases as herein provided: - Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges, and penalties (except cases with P1M or less penalty)
- Exclusive appellate jurisdiction in tax collection cases:
a. over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction
b. over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts, in their respective jurisdiction.
Jurisdiction of the Regional Trial Court
- Exclusive original jurisdiction, appellate jurisdiction, or special jurisdiction
- Exclusive original jurisdiction over offenses where the imposable penalty exceeds 6 years imprisonment, regardless of fine or accessory penalty.
- In cases with only fine amounting to more than P4,000.
- Jurisdiction over drug-related cases
- Appellate jurisdiction over all cses decided by MTC, MeTC, MCTC in their respective territorial jurisdictions.
- Special jurisdiction (juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies)
- Libel cases
- Election offenses
- Intellectual property cases
- Agrarian cases
- Crimes against humanity
Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
- Petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judge sit.
- Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction
- Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof.
- Original exclusive jurisdiction over offenses punishable with a fine not more than 4,000 pesos.
