CRIMINAL PROCEDURE Atty. Tranquil G.S.

Salvador III Part I

1. Venue is Jurisdictional. MANUEL S. ISIP vs. PEOPLE OF THE PHILIPPINES, G.R. No. 170298. June 26, 2007. 2. JURISDICTION OF THE RTC AS SPECIAL AGRARIAN COURT(Landbank of the Philippines v. Belisata, June 26, 2007, G.R. No. 170298. 3. Jurisdiction acquired over the person of the accused Republic v. Sunga 162 SCRA 191 Macasaet v. People, G.R. No. 156747, February 23, 2005 People v. Billaber, G.R.Nos. 114967-68, January 26, 2004 4. Jurisdiction is conferred by law and not by waiver U.S. v. De la Santa 9 Phil. 22 5. Estoppel by laches to bar attacks on jurisdiction People v. Regulario 220 SCRA 368 6. Adherence of Jurisdiction De La Cruz v. Moya 160 SCRA 838 People v. Magallanes 249 SCRA 212 Uy v. Court of Appeals 276 SCRA 367 7. Action of the Court when determined that is has no jurisdiction Rizal Commercial Banking Corporation v. Isnani 242 SCRA 158

Republic v. Asuncion 231 SCRA 211 Cunanan v. Arceo 242 SCRA 88 Lacson v. Executive Secretary 301 SCRA 298 . 8. Criminal Jurisdiction of Regional Trial Courts Section 20, Judiciary Reorganization Act of 1980, as amended by Republic Act no. 7691. 9. Criminal Jurisdiction of Metropolitan and Municipal Trial Courts Section 2, Judiciary Reorganization Act of 1980, as amended by Republic Act no. 7691. 10.Special Jurisdiction of Courts Sec. 35, B.P. Blg. 129

11.PUBLIC OFFICE AS A CONSTITUTIVE ELEMENT OF THE OFFENSE (People v. Sandiganbayan, August 25, 2009, G.R. No. 167304). 12.Petitioner UP student regent is a public officer (Serrana v. Sandiganbayan, January 22, 2008, G.R. 162059). 13.WHERE A CO-ACCUSED IS WITHIN THE JURISDICTION OF THE SANDIGANBAYAN ( Esquivel v. Ombudsman, September 17, 2002, G.R. 137237). 14.REGIONAL TRIAL COURTS, WITH EXCLUSIVE JURISDICTION TO ISSUE "HOLD DEPARTURE ORDERS"; FIRST LEVEL COURTS LIKE MTCC, WITHOUT AUTHORITY (Mondejar v. Buban, (A.M. No. MTJ-01-1349. July 12, 2001).

15.Jurisdiction determined by the allegations of the complaint Foz v. People, October 9, 2009, G.R. No. 167764) 16.Department of Justice v. Liwag, February 11, 2005, G.R. No. 149311 17.Lazatin v. Desierto, June 5, 2009, G.R. No. 147097
18. Petition for Certiorari to review decisions of the Ombudsman.

Antonino v. Desierto, December 18, 2008, G.R. No. 144492 19.Procedure before the Ombudsman. Sesbreno v. Aglugub, February 28, 2005, AM No. MTJ 05-1581 20.Outright dismissal of the complaint by the Ombusman. Presidential Ad-Hoc Fact Finding Committee v. Desierto, July 24, 2007, G.R. No. 135687. 21.THE SECRETARY OF JUSTICE EXERCISES POWER OF DIRECT CONTROL AND SUPERVISION OVER DECISIONS OR RESOLUTIONS OF PROSECUTORS; Punzalan v. de la Pena, July 21, 2004, G.R. No. 158543. 22.Ombudsman can prosecute cases within the jurisdiction of regular courts, Castro v. Deloria, January 27, 2009, G.R. No.163586.