Requisites for exercise for criminal jurisdiction Custody of Law Vs Jurisdiction over the person

 being in custody of the law does not mean you are

Before a court can acquire jurisdiction over criminal case under the jurisdiction of the court
a. under custody but not subject to jurisdiction of court
1. Jurisdiction over subject matter
- a person arrested by virtue of warrant files a motion
2. Jurisdiction over the territory
before arraignment to quash the warrant
3. Jurisdiction over the person of the accused
b. subject to jurisdiction but not under custody
Jurisdiction over subject matter - accused escapes after trial has commenced

- Authority of court to hear and determine a particular CRIMINAL JURISDICTION OF TRIAL COURTS
criminal case
A. MetroTC, MCTC, MuniTC
- Law that confers jurisdiction not rules of procedure
1. Violations of city or municipal ordinances within
Determination of jurisdiction over the subject matter respective territorial jurisdiction
2. Not exceeding 6 years
- Through allegations in complaint or information 3. Exception in cases falling within exclusive jurisdiction
- Through imposable penalty of the RTC and SB
- Through statute imposable during the commencement 4. Damage to property through criminal negligence
of the criminal action 5. B.P. 22
6. Special jurisdiction on application for bail in the
Principle of adherence of continuing jurisdiction absence of all RTC judges
7. Certain summary procedures
- Jurisdiction continues until the court has done all that
- MuniTC – offenses less than 4 years 2months 1 day
it can do in the exercise of that jurisdiction
Exception:
B. RTC
a. There is an express provision in the statute
1. All criminal cases not under sb or mtc
b. Statute is clearly intended to apply to actions
2. Issuance of writs and quo warranto
pending before its enactment
3. Appellate jurisdiction over MTC decisions
Jurisdiction over the territory 4. Special jurisdiction determined by SC
5. Under specific laws:
- Where the crime was committed a. Written defamation
- Determines venue of action b. Violation of CDDA (ra 9165)
c. Violation of intellectual property right
Rule of place for the venue of criminal case d. Money laundering except under SB
- Offenses punishable with penalty of more than 6 years
- Where the offense was committed
- Where any of its essential ingredients occurred
C. Sandiganbayan (SB)
Jurisdiction over the person of the accused 1. Anti-Graft and Corrupt Practices act
2. Where one or more the accused are officials occupying
Acquired through: a. Regional director and higher, grade 27 and higher
b. Members of congress, grade 27 and higher
a. Arrest or apprehension, with or without warrant c. Members of judiciary
b. Voluntary appearance d. Chairmen and members of concomm
c. Submission to the jurisdiction of court e. National and local officials, grade 27 higher
3. R.A. 7975 Where one or more of the principal accused
Voluntary submission
are officials occupying positions enumerated
a. Accused appears for arraignment
If charged with private individuals, shall be tried in the proper
b. Filing pleadings seeking affirmative relief
courts which shall exercise EXCLUSIVE JURISDICTION over them
c. Filing a motion to quash
d. Other pleadings Offenses under SB
e. Enter into a counsel-assisted plea
f. Actively participates in trial a. R.A. 3019 anti-graft and corrupt practices
g. Present evidence for defense b. R.A. 1379 forfeiture unlawfully acquired by any P.O.
h. motion for determination of probable cause c. P.D. 1606 bribery in all its forms
exception: d. Crimes committed in relation to their office
a. special appearance to question jurisdiction of the e. Falsification of official document
court over the person of the accused f. E.O. 1,2,14, 14-A (Sequestration cases)
b. motion to quash the warrant of arrest
- special appearance is not tantamount to estoppel or
waiver of the objection
Officials and employees with salary grade 27 or higher Appellate jurisdiction of the Sandiganbayan

1. Officials of executive branch, regional director and up - in cases where none of the accused are occupying
2. Members of congress or officials positions corresponding to salary grade 27 or higher,
3. National and local officials shall be vested with other courts

Officials under jurisdiction of SB regardless of salary grade Authority to issue writs and other processes

a. Provincial governors
b. Vice governors
c. Members of sangguniang panlalawigan PROSECUTION OF OFFENSES
d. Members of sangguniang panlunsod
I. INSTITUTION OF CRIMINAL ACTIONS
e. Directors or managers of gocc
f. City mayor Purpose of Criminal action
g. Vice mayor
h. City treasurers - Determine penal liability of accused and punish him
i. Assessors
j. Engineers role of private offended party
k. Trustees of state universities
- In cases where offended party is the state, private
A student regent of a state university is a public officer offended party is limited to civil liability

Offenses committed in relation to the office How criminal actions are instituted

- Even if position is not an essential ingredient of the 1. If Preliminary Investigation is needed

offense charged, if the Information avers the intimate - Filing the complaint with proper officer for the purpose
connection between office and the offense of conducting preliminary investigation
2. If Preliminary Investigation is not needed
Deemed committed when: a. Filing the complaint or information directly with
MuniTC or MCTC
a. Office is an element of the crime charged b. Filing the complaint with the office of the prosecutor
b. Offense charged is intimately connected
Criminal actions in Manila and other chartered cities
Cases:
Special rule
Esteban vs SB
- Complaint filed in the office of prosecutor unless
- Acts of lasciviousness to female casual employee otherwise provided
- P.O. recommendation for her appointment as
employee No direct filing with the RTC

People vs Montejo - Because jurisdiction covers offenses which requires p.i.

- Murder by City Mayor No direct filing with Metropolitan Trial Court of Manila
- Ordered arrest and maltreatment of victim
- Includes other chartered cities because of special rule
Exception Case: Lacson vs executive secretary
Institution of criminal actions interrupts prescriptive period
- Alleged murder in relation to their official duties as
police officer - Even if the court is without jurisdiction
- No specific factual allegation
Rule on prescription for violations of municipal ordinances
- Not fall under committed in relation to office
1. When judicial proceedings are instituted
Private persons on SB
2. Filing of complaint for purpose of P.I.
- In cases of conspiracy with public officers
- Will still prosper even if public officer dies

Anti-money laundering cases

Plunder law

Forfeiture cases
 II. PROSECUTION OF THE CRIMINAL ACTION
Who must prosecute the criminal action; who controls
- Under direction and control of public prosecutor
- Even if there is a private prosecutor
- Criminal offense is an outrage against state therefore
representative of the state shall direct and control
- Death of offended party, if already instituted a
complaint, shall prosper
- May not be instituted if offended party consented or
has already pardoned the offenders
Seduction, Abduction, Acts of lasciviousness
Will be prosecuted only upon complaint filed by:

Public Prosecutor a. Offended party

b. Parents
a. Determine whether prima facie case exists c. Grandparents
b. Decide which of the conflicting testimonies should be d. Guardian
believed free from the interference or control of the e. No known guardian, state shall initiate in her behalf
offended party f. Minor may initiate, except if she is incompetent or
c. Subject only to the right against self-incrimination, incapable
determines which witnesses to present in court - If minor fails, parents, grandparents, guardian may
1. Public prosecutor may turn over to private but may initiate
also take over again anytime
Private person may prosecute in the absence of public Defamation
- If authorized to do so in writing
- May prosecute until the end of trial - By imputation of the offenses of adultery,
- Except if authority is revoked or withdrawn concubinage, seduction, abduction, acts of
lasciviousness
Office of the Solicitor General - Complaint filed by offended party only

- Bring an appeal on criminal aspect representing the Rape

people if the trial court:
a. dismissed of a criminal case
b. acquittal of an accused
- regarded as appellate counsel of the People of Ph
Exception:
- all cases elevated to the SB and from the SB to the SC,
Office of the ombudsman through its special
prosecutor shall represent people of the Ph
prosecution for violation of special laws
1. administrative agency of special competence
2. special prosecutors from different government
agencies to assist the public prosecutor
- Reclassified as crime against persons
- public prosecutor may file information
V. COMPLAINT and INFORMATION
Complaint
- Sworn written statement charging a person with an
offense, subscribed by the offended party, any peace
officer, or other public officer charged with
enforcement of law
- Filed in the name of the People of the Philippines
- Against all offenders
Complainants role

III. INTERVENTION OF THE OFFENDED PARTY IN THE - Witness for the prosecution
CRIMINAL ACTION
Information
Intervention of the offended party
- Accusation in writing charging a person with an offense
- Intervention for the sole purpose of enforcing civil subscribed by the prosecutor and filed with the court
liability - Not required to be sworn
- May not intervene in prosecution if: - Prosecutor is authorized to subscribe
a. Waives the civil action - Filed in the name of the people of the Philippines
b. Reserves the right to institute separately
Distinctions
c. Institutes prior to criminal action
a. Complaint is sworn, hence under oath. Information
IV. PROSECUTION OF PRIVATE CRIMES requires no oath
b. Complaint is subscribed by, offended party, any peace
Adultery and Concubinage
officer, public officer. Information subscribed by the
- Prosecuted upon a complaint of the offended spouse prosecutor.
- Must be instituted against both guilty parties unless of
them is no longer alive
Infirmity of signature in the information 5. Case is cognizable by the SB, court sits in Quezon city
6. Written defamation filed in:
- If signed and filed by one with no authority, dismissal a. province or city where offended party held office
of the information will not be a bar to subsequent at the time of the commission of the offense, if
prosecution public officer
- Jeopardy does not attach when accused pleads to b. province or city where he actually resided at the
defective indictment time of the commission of the offense, if private
individual
Sufficiency of complaint or information
7. where libel was printed and published
a. Name of accused or more accused
venue of selected offenses
b. Designation by the offense given by statute
c. Acts or omissions complained of as constituting the perjury
offense
d. Name of the offended party - shall be based on the acts alleged in the information to
e. Approximate date of the commission of the offense be constitutive of the crime committed:
f. Place where the offense was committed a. venue where sworn statement is submitted
b. venue where the oath was taken
Test for sufficiency of the complaint or information
illegal recruitment
1. Crime is described in intelligible terms, to enable the
accused to properly prepare for his defense - RTC of the province or city where the offense was
2. Must validly charge an offense, shall establish the committed
essential elements of the offense charged - Also where the offended party resides at the time of
the commission of the offense
Questioning the insufficiency of the complaint or information
BP 22
1. Objections must be before arraignment
a. Move for quashal of the information - Venue shall be the place where the check is:
b. Bill of particulars a. Drawn
c. If not, deemed waived his objections b. Issued
c. Delivered
How the nature of the offense is determined d. Dishonored

1. Actual recital of cats in the complaint or information ESTAFA

2. Every element of the offense must be stated in the
information - Where either of the elements occurred:
a. Venue of deceit took place
Date of the commission of the crime b. Venue where damage was inflicted
- Precise date not necessary Theft
- Except when date of commission of the crime is a
material element of the offense - Venue where the taking happened (consummated)
- Must be committed on a date as near as possible to
the actual date of its commission VII. Amendment or Substitution of the complaint or
- Date is not the essence of the offense, need not be information
proven as alleged
Amendment
VI. VENUE OF CRIMINAL ACTION
- Correction of an error or an omission in a complaint or
General rule: instituted and tried in the court of the territory information

a. Where offense was committed Amendment before plea; no need for leave
b. Where any of its essential ingredients occurred
- Amendment in form or substance, no need for leave
Try offenses not committed within its territorial jurisdiction
Amendment before plea which needs leave of court
1. Crimes committed under article 2 of RPC
2. SC orders a change of venue to avoid miscarriage of needed if:
justice a. Downgrades the nature of the offense charged
3. Crime in train, aircraft, public or private vehcicle: b. Excludes any accused from the complaint or
a. Where offense was committed information
b. Where it passed during its trip
c. Place of departure or arrival
4. On board vessel, tried in court of first port entry
Principles

Fundamental principle of criminal law

c. Every person criminally liable for a felony is also

civilly liable

Traditional theory

d. a person offends 2 entites

a. state, whose laws are violated
b. individual member of society who was directly
injured

Duplicity of the offense

e. a complaint or information must charge only one

offense
f. prohibits duplicity of offenses in a single
complaint or information
g. one information, multiple murder, multiple
frustrated murder, multiple attempted murder
h. single act violates 2 or more entirely distinct and
unrelated provisions of law
i. accused had carnal knowledge for “SEVERAL
TIMES”
exception:
j. when the law prescribes a single punishment for
various offenses
k. under article 48 (complex crimes)

Venue principle

l. to ensure that defendant is not compelled to

move to a different court from that of the
province where the crime was committed
m. causes great inconvenience

Grounds for Motions to quash

a. duplicity
b. motion to quash the warrant of arrest
c. insufficiency of the complaint