Criminal Procedure (Riano)

Chapter I. PRELIMINARY CONCEPTS

A. Requisites for the Exercise of Criminal Jurisdiction
Requisites; Court must have JURISDICTION over the following
Subject matter
Territory
Person of the accused
Jurisdiction over the SUBJECT MATTER
Refers to the authority of the court to hear and determine a particular
criminal case.
Jurisdiction over the PERSON OF THE ACCUSED
Refers to the authority of the court, not over the subject matter of the
criminal litigation, but over the person charged with the offense must
have been brought in to its forum for trial, forcibly by warrant of
arrest or upon his voluntary submission to the court.
o NOTE: Gen. Rule, there is a deemed voluntary submission when
the accused seek AFFIRMATIVE RELIEF, this is done by FILING a
MOTION TO QUASH, APPEARING FOR ARRAIGNMENT,
PARTICIPATING IN TRIAL or GIVING BAIL
Jurisdiction over the TERRITORY; venue in criminal cases
It is essential that the offense must have been committed within the
courts territorial jurisdiction
o NOTE: this fact is to be determined by the material allegation of
the complaint or information as regards the place where the
offense charged was committed
For territorial jurisdiction to be acquired it is INDESPENSABLE that
the offense have been committed or that any of its ESSENTIAL
ingredients took place within the territorial jurisdiction
o NOTE: Thus it cannot take jurisdiction over a person charged with
an offense allegedly committed outside of that limited territory
offense was committed somewhere else the court should dismiss
the case for lack of jurisdiction
When a court has jurisdiction to try offences not committed within its
territorial jurisdiction
Offense committed under Art. 2 of the RPC
Under the Principles of JUS COGENS
When the supreme court, pursuant to its constitutional powers orders a
change or place of trial to avoid miscarriage of justice
Where an offense is committed in the following;
Train, aircraft, or other public or private vehicle
In the course of the trip (Where it PASSED)
NOTE: Criminal action need not be instituted in the actual place
where the offense was committed.
Vessel
In the court of the first port of entry
Where the vessel passed during the voyage
Continuing crimes
Libel
Offended party is public official or private person, RTC of the locality
where the libelous article is printed and first published.
OP is private individual, RTC of the locality where he reside at the
time of the commission of the offense
OP is public officer whose office is in manila at the time of the
commission of the offense, RTC Manila
OP is public officer holding office outside manila, RTC of the locality
where he held office at the time of the commission of the offense
o NOTE: If OP filed the complaint with the RTC of the locality where
the said libelous article was printed and first published
Estafa
Falsification
RTC of the province or city where the document was notarized
Perjury
Other case


B. Criminal Jurisdiction Over the Subject Matter
Jurisdiction over the subject matter
Jurisdiction over the subject matter is the power to hear and determine cases
of the general class to which the proceedings in question belongs
How jurisdiction over the subject matter is conferred
It is conferred by LAW, not the rules, the court or the will of the parties
NOTE: In determining wither or not a case lies within or outside the
jurisdiction of a court, reference to the applicable statute on the matter is
INDESPENSABLE
NOTE: Jurisdiction over the SUBJECT MATTER is DETERMINED by the
MATERIAL ALLEGATIONS in the complaint
In cases cognizable by the SANDIGANBAYAN, both the nature of the offense
and the position occupied by the accused are conditions sine qua non before
the Sandiganbayan can validly take cognizance of the case
In COMPLEX CRIME, cognizable by the court having jurisdiction to impose
the maximum and most serious penalty on the offense forming part of the
complex crime
Statute applicable to a criminal action
The law in force at the time of the institution of the action and not during the
arraignment of the accused
Penalty imposed vs. Actual penalty
The penalty imposed is considered and not the actual penalty
Jurisdiction of the court is not determined by what may be meted out to the
offender after trial, or even by the result of the evidence that would be
presented at the trial, but by the extent of the penalty which the law imposes
for the offense, on the basis of the facts alleged
Principle of Adherence of Jurisdiction
Once a court acquires jurisdiction over a controversy, it shall continue to
exercise such jurisdiction until the subsequent legislation vesting jurisdiction
over such proceedings in another tribunal
NOTE: EXCEPTION, when a law has retroactive effect
Objection and Dismissal for LACK of JURISDICTION
Gen. Rule: and objection based on the ground that the court lacks jurisdiction
over the Subject matter may be raised or considered motu proprio by the
court at any stage of the proceedings or on appeal
NOTE: SPECIAL APPEARANCE before the court to challenge the
jurisdiction of the court over the person is not tantamount to estoppels
or a waiver of the objection and is not a voluntary submission to the
jurisdiction of the court
NOTE: ESTOPPEL in questioning the jurisdiction of the court is only
brought to bear when not to do so will subvert the ends of justice