- WON the RTC had jurisdiction over estafa charged in RTC Cavite. - SC: place where crime is committed determines the venue of the action. For J to be acquired the offense should have been committed or any of its essential ingredients Territorial jurisdiction territory court can take cognizance.. Q: what if during trial, prosecution/defense adduces evidence that crime was committed somewhere else? Check the specific averments in the Information court should dismiss the action for want of jurisdiction
2. LBP vs. Delista, June 26, 2009
Q: which court has J over criminal violation of RA 6657 (CARL)? RTC sitting as a special agrarian court (SAC) will hae J over criminal offenses under CARL. 3. Q: may the MTC issue a hold-departure order? Mondejar vs. Buban, July 12, 2001 -
NO. First level courts have no authority to issue hold-departure orders in
Criminal cases. Power is with the RTC
4. Q: how to determine jurisdiction of the court?
by examining specific allegations in the Info/Complaint. SeeFoz vs. People of the Phil (9 Oct 2009) -
Libel case filed against a physician in Iloilo City.
Info shows that the residence of the accused was not specifically stated in the Info itself
5. Exception: Tijam vs. Sibonghanoy
- barred by laches - issue of questioning jurisdiction was made only during appeal. 6. Libel, privateindiv province/city where libelous article was printed/published
OR where you are residing at the time of the offense.
Internet libel residence or where first published considerable circulation IS NOT the area where the article was printed or first published. 7. 25 Aug 2009, People vs. Sandiganbayan - Victoria Amante, malversation of public funds, SG 26 - Filed with Sandiganbayan Sec. 4B other offenses in relation to their office she is a public official mentioned in section a. Even if offense not listed, the case is within the J of SB because of Section 4B 8. Serrana vs. SB, Jan 22, 2008 - meregovt scholar accused of swindling - letter G: state universities specifically required 9. Esquivel (sept 17, 2002) - Antonio Prospero Esquivel - mayor mauled a police officer SC: municipal mayors falls under the original
Law School Survival Guide (Volume II of II) - Outlines and Case Summaries for Evidence, Constitutional Law, Criminal Law, Constitutional Criminal Procedure: Law School Survival Guides