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CRIMINAL PROCEDURE

JURISDICTION OVER THE OFFENSE / JURISDICTION


OVER THE PERSON OF THE ACCUSED

PRELIMINARY CONSIDERATIONS
CRIMINAL JURISDICTION
-

the power of the State to try and punish a


person for a violation of its penal laws
based upon and flows from State's
sovereignty
range of jurisdiction is subject only to
restrictions thereon which the State have
adopted as a matter of policy, by
international arrangements, or in deference
to the accepted principles of international
law on the inter-state level

VOLUNTARY APPEARANCE OF THE ACCUSED


-

CONCURRENT JURISDICTION
-

there are still cases in the prosecution of


which civil courts of equal ranks are vested
with concurrent original jurisdiction
(1) felonies stated in Article 2 RPC
(2) continuing crimes committed in
different judicial regions
(3) offenses wherein any of the essential
elements were committed in different
territorial jurisdictions
(4) offenses committed aboard a train,
vehicle, aircraft, or vessel under the
circumstances contemplated in Sec 15,
Rule 110
(5) libel and written defamation

the Supreme Court has the power to define


the territorial area of the branch concerned
for purposes of determining the venue
the Supreme Court has the power to
transfer the venue of a criminal action to
any competent court, even of a different
judicial region
the Supreme Court and the RTC have
concurrent original jurisdiction in cases
affecting ambassadors, public ministers,
and consuls
where different courts have concurrent
jurisdiction over the case, the court in
which the action was first filed acquires
jurisdiction thereover to the exclusion of
the other courts, provided it has custody of
the accused or has first acquired jurisdiction
over his person

in order that a court may have jurisdiction


to try the case, whether in its exclusive or
original jurisdiction, it must have
jurisdiction over the offense and jurisdiction
over the person of the accused
jurisdiction over the offense is conferred by
law
jurisdiction over the person of the accused
is acquired either by his arrest or his
voluntary appearance in court

the court acquires jurisdiction over his


person
accomplished by his pleading to the merits
(filing a motion to quash, appearing for
arraignment, or entering trial)
accomplished by filing bail
if Motion to Quash was precisely and
exclusively to challenge the jurisdiction of
the court over the person of the accused,
he should not be deemed to have
submitted himself to its jurisdiction
the rule on voluntary appearance is
premised on the assumption that the
accused is within Philippine territory
in anti-graft cases, the voluntary
appearance of the accused through counsel
at the pre-suspension hearing is a
submission to the court's jurisdiction, hence
the court acquires jurisdiction over the
person of the accused although no warrant
of arrest has been issued

TERRITORIAL JURISDICTION
-

determined by the allegations in the


complaint or information as to the situs of
the crime
this determines in the first instance
whether the court has jurisdiction to try the
case

INSTITUTION OF THE CRIMINAL ACTION


-

the law in force at the time of the


institution of the criminal action determines
the jurisdiction of the court
such jurisdiction once vested cannot be

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withdrawn or defeated by a subsequent


valid amendment of the information or a
subsequent statute amendatory of the rules
of jurisdiction

TRIAL
-

in criminal cases, the jurisdiction of the


court is not determined by what may be
meted out after the trial but by the extent
of the penalty which the law imposes for
the offense and jointly decided on
what is determinative is not the penalty
ultimately imposed but the penalty
imposable under the law for the offense
the jurisdiction of a court in criminal cases is
determined by the allegations of the
complaint or information and not by the
results of proof or the trial court's
appreciation of the affidavits or exhibits
attached to the record of the case but
whereon no hearings had yet been
conducted
proceedings conducted therein are valid
even if it subsequently dismissed the case
upon proof that the offense was committed
outside its territorial jurisdiction
in prescription of offenses, the prescriptive
period is suspended during the pendency
and until the dismissal of the offense

THE JUDICIARY ACT


EXCLUSIVE APPELLATE JURISDICTION
SUPREME COURT
-

has exclusive and original jurisdiction over

(1) criminal cases where one or more of


the accused is below 18 but not less
than 9 years of age, or when one of the
victims is a minor at the time of the
commission of the offense
(2) cases against minors cognizable under
the Dangerous Drugs Act
(3) violations of R.A. 7610 (Special
Protection of Children Against Child
Abuse, Exploitation and Discrimination
Act), as amended by R.A. 7658
(4) criminal cases of domestic violence
against women and children
JOINDER OF ISSUES

joinder of issues in a criminal action takes


place when the accused joins issue with the
charge in the information or criminal

The Supreme Court shall have exclusive


jurisdiction to review, revise, reverse,
modify or affirm on appeal, final judgments
and decrees of inferior courts:

the purpose of (2) is to avoid possible


conflict between its judgment and that of
the Court of Appeals should the conviction
for the lesser offense be taken to the latter
court

THE SANDIGANBAYAN AND THE OMBUDSMAN


-

OF THE

(1) in all criminal cases involving offenses


for which the penalty imposed is death
or life imprisonment
(2) those involving other offenses which,
although not so punished, arose out of
the same occurrence or which may
have been committed by the accused
on the same occasion, as that giving
rise to the more serious offense,
regardless of whether the accused are
charged as principals, accomplices, or
accessories, or whether they have been
tried jointly or separately

FAMILY COURTS
-

complaint when he duly enters a plea or


one is entered for him at his arraignment
where the accused in a criminal action fails
to join issue with the averment in the
indictment for lack of a valid plea thereto
because he was not duly arraigned, any
disposition of the court on the merits of the
case would be a nullity and cannot
constitute a basis for a subsequent claim of
double jeopardy by him

The COMELEC and the RTCs and not the


Ombudsman and the Sandiganbayan have
exclusive jurisdiction to investigate,
prosecute, and try election offenses
committed by public officers in relation to
their office
The present anti-graft court known as the
Sandiganbayan shall continue to function
and exercise its jurisdiction as now or
hereafter may be provided by law

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All cases, whether civil or criminal, filed by


the PCGG under EO Nos. 1 and 2 shall be
within the exclusive and original jurisdiction
of the Sandiganbayan
A special court, of the same level as the
Court of Appeals and possessing all the
inherent powers of a court of justice, to be
known as the Sandiganbayan is hereby
created composed of a presiding justice and
fourteen associate justices who shall be
appointed by the President

(e) officers of the PNP while


occupying the position of
provincial director and those
holding the rank of senor
superintendent or 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
GOCCs, state universities or
educational institutions or
foundations

JURISDICTION
-

The Sandiganbayan shall exercise exclusive


original jurisdiction in all cases involving:

(2) members of congress and officials


thereof classified as Grade 27
and up 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
Constitutional
Commissions,
without prejudice to the provisions
of the Constitution
(5) all other national and local officials
classified as Grade 27 and higher
under the Compensation and
Position Classification Act of 1989

(a) violations of RA 3019, as amended


(Anti-Graft and Corrupt Practices Act),
RA 1379, and Chapter II, Title VII, Book
II of the RPC, 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
in RA 6758 (Compensation and
Position Classification Act of 1989),
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

(b) other offenses or felonies whether


simple or complexed with other crimes
committed in relation to their office by
the public officials and employees
mentioned in Section 4a, PD 1606, as
amended by RA 7975
(c) civil and criminal cases pursuant to and
in connection with E.O. Nos. 1, 2, 14
and 14-A issued in 1986
-

The Sandiganbayan shall exercise exclusive


appellate jurisdiction over final judgments,
resolutions, or orders of regional trial courts
whether in the exercise of their own
original jurisdiction or of their appellate
jurisdiction as herein provided
The Sandiganbayan shall have exclusive
original jurisdiction over petitions for the
issuance of the writ of mandamus,
prohibition, certiorari, habeas corpus,

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injunctions, and other ancillary writs and


processes in aid of its appellate jurisdiction
and over petitions of similar nature,
including quo warranto arising or that may
arise in cases filed or which may be filed
under E.O. Nos. 1, 2, 14 and 14-A issued in
1986, provided that the jurisdiction over
these petitions shall not be exclusive of the
Supreme Court
In all cases elevated to the Sandiganbayan
and from the Sandiganbayan to the
Supreme Court, the Office of the
Ombudsman, through its Special prosecutor
shall represent the People of the
Philippines, except in cases filed pursuant to
E.O. Nos. 1, 2, 14 and 14-A issued in 1986
In case private individuals are charged as
co-principals, accomplices or accessories
with the public officers or employees,
including those employed in GOCCs, they
shall be tried jointly with said public officers
and employees in the proper courts which
shall exercise exclusive jurisdiction over
them
Decisions and final orders of the
Sandiganbayan shall be appealable to the
Supreme Court by petition for review on
certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of
Court
In any case decided by the Sandiganbayan,
whenever the penalty is reclusion perpetua,
life imprisonment or death is imposed, the
decision shall be appealable to the Supreme
Court in the manner prescribed in the Rules
of Court
In case the imposed penalty by the
Sandiganbayan or the RTC in the proper
exercise of their respective jurisdiction is
death, review by the Supreme Court shall
be automatic, whether or not the accused
files an appeal

THE OMBUDSMAN ACT OF 1989


-

The Office of the Ombudsman shall have


the following powers, functions and duties:
(1) Investigate and prosecute on
its own or on complaint by any
person, any act or omission of
any
public
officer
or
employee, office or agency,

when such act or omission


appears to be illegal, unjust,
improper or inefficient. It has
primary jurisdiction over cases
cognizable
by
the
Sandiganbayan and, in the
exercise of his primary
jurisdiction, it may take over,
at any stage, from any
investigatory
agency
of
Government, the investigation
of such cases;
(2) Direct, upon complaint or at
its own instance, any officer or
employee of the Government,
or of any subdivision, agency
or instrumentality thereof, as
well
as
any
government-owned
or
controlled corporations with
original charter, to perform
and expedite any act or duty
required by law, or to stop,
prevent, and correct any
abuse or impropriety in the
performance of duties;
(3) Direct the officer concerned to
take
appropriate
action
against a public officer or
employee at fault or who
neglect to perform an act or
discharge a duty required by
law, and recommend his
removal,
suspension,
demotion, fine, censure, or
prosecution,
and
ensure
compliance therewith; or
enforce
its
disciplinary
authority as provided in
Section 21 of this Act:
Provided, That the refusal by
any officer without just cause
to comply with an order of the
Ombudsman
to
remove,
suspend,
demote,
fine,
censure, or prosecute an
officer or employee who is at
fault or who neglects to
perform an act or discharge a
duty required by law shall be a
ground for disciplinary action
against said officer;
(4) Direct the officer concerned,

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(5)

(6)

(7)

(8)

(9)

in any appropriate case, and


subject to such limitations as it
may provide in its rules of
procedure, to furnish it with
copies of documents relating
to contracts or transactions
entered into by his office
involving the disbursement or
use of public funds or
properties, and report any
irregularity to the Commission
on Audit for appropriate
action;
Request any government
agency for assistance and
information necessary in the
discharge
of
its
responsibilities,
and
to
examine,
if
necessary,
pertinent
records
and
documents;
Publicize matters covered by
its investigation of the matters
mentioned in paragraphs (1),
(2), (3) and (4) hereof, when
circumstances so warrant and
with due prudence: Provided,
That the Ombudsman under
its rules and regulations may
determine what cases may not
be made public: Provided,
further, That any publicity
issued by the Ombudsman
shall be balanced, fair and
true;
Determine the causes of
inefficiency,
red
tape,
mismanagement, fraud, and
corruption in the Government,
and make recommendations
for their elimination and the
observance of high standards
of ethics and efficiency;
Administer
oaths,
issue
subpoena and subpoena duces
tecum, and take testimony in
any investigation or inquiry,
including the power to
examine and have access to
bank accounts and records;
Punish for contempt in
accordance with the Rules of
Court and under the same

procedure and with the same


penalties provided therein;
(10) Delegate to the Deputies, or
its
investigators
or
representatives such authority
or duty as shall ensure the
effective
exercise
or
performance of the powers,
functions, and duties herein or
hereinafter provided;
(11) Investigate and initiate the
proper action for the recovery
of
ill-gotten
and/or
unexplained wealth amassed
after February 25, 1986 and
the prosecution of the parties
involved therein.
The Ombudsman shall give priority
to complaints filed against high
ranking
government
officials
and/or
those
occupying
supervisory positions, complaints
involving grave offenses as well as
complaints involving large sums of
money and/or properties.
-

For ill-gotten and/or unexplained wealth


amassed after February 25, 1986, it is the
Ombudsman who has the power to both
investigate and initiate the proper action
for the recovery of ill-gotten wealth and/or
unexplained wealth
The Ombudsman is empowered to
investigate and prosecute any illegal act or
omission of any public official, that is, any
crime imputed to a public official
this authority of the Ombudsman is not an
exclusive authority but a shared or
concurrent authority in respect of the
offense charged.
The Ombudsman is clothed with authority
to conduct preliminary investigation and to
prosecute all criminal cases involving public
officers and employees, not only those
within
the
jurisdiction
of
the
Sandiganbayan, but those within the
jurisdiction of the regular courts as well
The prosecution of cases cognizable by the
Sandiganbayan shall be under the direct
exclusive control and supervision of the
Ombudsman
There is concurrence of jurisdiction

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between the Office of the Ombudsman and


other investigative agencies of the
Government in the prosecution of cases
cognizable by the regular courts
THE JUDICIARY REORGANIZATION ACT OF 1980
REGIONAL TRIAL COURTS
-

shall exercise exclusive original jurisdiction


in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body,
except those now falling under the
exclusive jurisdiction of the Sandiganbayan
which shall hereafter be exclusively taken
cognizance of by the latter
shall exercise appellate jurisdiction over all
cases decided by the Metropolitan Trial
Courts, Municipal Courts and Municipal
Circuit Trial Courts in their respective
territorial jurisdictions
have exclusive original jurisdiction over all
offenses punishable with imprisonment
exceeding six (6) years, except cases under
the
original
jurisdiction
of
the
Sandiganbayan and violations of city or
municipal ordinances

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL


COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS
-

not exceeding six (6) years irrespective of


the amount of fine, and regardless of other
imposable accessory or other penalties,
including the civil liabilities arising from
such offenses or predicated thereon,
irrespective of kind, nature, value or
amount thereof
exclusive original jurisdiction in offenses
involving damage to property through
criminal negligence
where the only penalty imposed by law is a
fine, the amount thereof shall determine
the jurisdiction of the court
original exclusive jurisdiction over offenses
punishable with a fine not exceeding P4,000
the RTC shall have jurisdiction if the amount
of the fine exceeds P4,000, including over
offenses committed by public officers and
employees in relation to their office, where
the amount of the fine does not exceed
P6,000
inferior courts have jurisdiction over the
crime of seduction, despite the civil
liabilities attendant thereto under Article
345 of the RPC

PRELIMINARY INVESTIGATION
-

shall exercise exclusive original jurisdiction


over all violations of city or municipal
ordinances within their respective territorial
jurisdiction
exclusive original jurisdiction over all
offenses punishable with imprisonment of

judges of Metropolitan Trial Courts, except


those in the NCR and in chartered cities, of
Municipal Trial Courts, and Municipal
Circuit Trial Courts, shall have authority to
conduct preliminary investigation of crimes
committed within their respective territorial
jurisdiction which are cognizable by the
RTCs

JURISDICTION IN CRIMINAL CASES


COURT
SUPREME COURT

EXCLUSIVE

ORIGINAL
CONCURRENT

-petitions
for
certiorari,
prohibition,
and
mandamus against
the Court of Appeals
and
the
Sandiganbayan

-With the Court of


Appeals: petitions for
certiorari, prohibition,
and mandamus against
the RTCs
-With CA and RTC:
petitions for certiorari,
prohibition, and

EXCLUSIVE APPELLATE
BY APPEAL
BY PETITION FOR
REVIEW ON
-From the RTCs in
CERTIORARI
all criminal cases
involving
-from the CA
offenses
for -from
the
which
the Sandiganbayan
penalty
is - from the RTCs
reclusion
where only an
perpetua or life error or question
imprisonment,
of law is involved

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mandamus against
lower courts
-With Sandiganbayan:
Petitions
for
mandamus,
prohibition, certiorari,
habeas
corpus,
injunctions
and
ancillary writs in aid of
its
appellate
jurisdiction and over
petitions of similar
nature, including quo
warranto arising or
that may arise in cases
filed or which may be
filed under E.O. Nos. 1,
2, 14 and 14-A

COURT OF APPEALS

SANDIGANBAYAN

-actions
for
annulment
of
judgments of the
RTC

-violations of RA
3019, as amended
(Anti-Graft
and
Corrupt
Practices
Act), RA 1379, and
Chapter II, Title VII,
Book II of the RPC,
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

-with the SC: petitions


for
certiorari,
prohibition,
and
mandamus against the
RTCs
-with the SC and the
RTCs: petitions for
certiorari, prohibition,
and mandamus against
lower courts
-with the SC: Petitions
for
mandamus,
prohibition, certiorari,
habeas
corpus,
injunctions
and
ancillary writs in aid of
its
appellate
jurisdiction and over
petitions of similar
nature, including quo
warranto arising or
that may arise in cases
filed or which may be
filed under E.O. Nos. 1,
2, 14 and 14-A

and
those
involving other
offenses which,
although not so
punished, arose
out of the same
occurrence
or
which may have
been committed
by the accused
on the same
occasion
-Automatic
review in criminal
cases where the
death penalty is
imposed

-From the RTCs in


cases
commenced
therein, except
those appealable
to the SC or the
Sandiganbayan

-from the RTC in


cases under PD
1606,
as
amended by PD
1861, RA 7975
and RA 8294,
whether or not
the cases were
decided by them
in the exercise of
their original or
appellate
jurisdictions

-from the RTCs in


cases
appealed
thereto from the
lower courts and
not appealable to
the Sandiganbayan

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(a)officials of the
executive
branch
occupying
the
positions of regional
director and higher,
otherwise classified
as Grade 27 and
higher in RA 6758
(Compensation and
Position
Classification Act of
1989), specifically
including:
(1)provincial
governors,
vice
governors, members
of the sangguniang
panlalawigan, and
provincial
treasurers,
assessors,
engineers, and other
provincial
department heads
(2)city
mayors,
vice-mayors,
members of the
sangguniang
panlungsod,
city
treasurers,
assessors,
engineers, and other
city
department
heads
(3)officials of the
diplomatic service
occupying
the
position of consul
and higher
(4)Philippine army
and
air
force
colonels,
naval
captains, and all
officers of higher
rank
(5)officers of the
PNP while occupying

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the
position
of
provincial director
and those holding
the rank of senor
superintendent or
higher
(6)city
and
provincial
prosecutors
and
their assistants, and
officials
and
prosecutors in the
Office
of
the
Ombudsman
and
Special Prosecutor
(7)Presidents,
directors or trustees
or managers of
GOCCs,
state
universities
or
educational
institutions
or
foundations
(b)members
of
congress
and
officials
thereof
classified as Grade
27 and up under
the Compensation
and
Position
Classification Act of
1989
(c )members of the
judiciary
without
prejudice to the
provisions of the
Constitution
(d)chairmen
and
members
of
Constitutional
Commissions,
without prejudice to
the provisions of the
Constitution
(e )all other national
and local officials

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classified as Grade
27 and higher
under
the
Compensation and
Position
Classification Act of
1989
-other offenses or
felonies
whether
simple or complexed
with other crimes
committed
in
relation to their
office by the public
officials
and
employees
mentioned
in
Section 4a, PD 1606,
as amended by RA
7975
-civil and criminal
cases pursuant to
and in connection
with E.O. Nos. 1, 2,
14 and 14-A issued
in 1986

REGIONAL
COURTS

TRIAL

FAMILY COURTS

-all criminal cases


which are not within
the
exclusive
jurisdiction of any
court, tribunal or
body
-criminal
cases
where one or more
of the accused is
below 18 but not
less than 15 years of
age, or where one of
the victims is a
minor at the time of
the commission of
the offense
-cases
against
minors, cognizable
under
the
Comprehensive
Dangerous
Drugs

-all cases decided by lower courts in their


respective territorial jurisdictions

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Act, as amended
-violations of R.A.
7610
(Special
Protection
of
Children
Against
Child
Abuse,
Exploitation
and
Discrimination Act),
as amended by R.A.
7658

METROPOLITAN,
MUNICIPAL,
AND
MUNICIPAL CIRCUIT
TRIAL COURTS

-criminal cases of
domestic violence
against women and
children, as defined
in Sec 5k, RA 8369
EXCLUSIVE
ORIGINAL
-all violations of city
or
municipal
ordinances
committed within
their
respective
territorial
jurisdictions
-all
offenses
punishable
with
imprisonment of not
more than 6 years
irrespective of the
amount of fine, and
in all cases of
damage to property
through
criminal
negligence,
regardless of other
penalties and the
civil liabilities arising
therefrom
-all offenses (except
violations of RA
3019, RA 1379 and
Arts. 210 to 212,
RPC) committed by
public officers and
employees
in
relation to their
office,
including

SUMMARY
PROCEDURE
-traffic violations
-violations
of
the
rental law
-violations of city or
municipal ordinances
-violations of BP Blg.
22 (Bouncing Checks
Law)
-all other offenses
where the penalty
does not exceed 6
months imprisonment
and/or P1,000 fine,
irrespective of other
penalties
or
civil
liabilities
arising
therefrom, and in
offenses
involving
damage to property
through
criminal
negligence where the
imposable fine does
not exceed P10,000

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those employed in
GOCCs, and by
private individuals
charged
as
co-principals,
accomplices,
or
accessories,
punishable
with
imprisonment of not
more than 6 years
or where none of
the accused holds a
position classified as
Grade 27 and
higher