H.

kinds of jurisdiction
Appellate Jurisdiction Appellate jurisdiction is a specific kind of legal authority which is oriented not toward legal matters and individuals under the legal system directly, but instead to the legal decisions which have already been made by other bodies in regard to these laws and persons. Appellate jurisdiction means that a court, judge, or other entity will be able to hear an appeal as to the rightness of a previous legal ruling and possibly overrule it.

the Supreme Court may reverse the decision of lower courts upon a finding of an "error of law". The Court generally declines to engage in review the findings of fact made by the lower courts, although there are notable exceptions to this rule. The Court also refuses to entertain cases originally filed before it that should have been filed first with the trial courts.

Original jurisdiction
The other mode by which a case reaches the Supreme Court is through an original petition filed directly with the Supreme Court, in cases where the Constitution establishes original jurisdiction with the Supreme Court. Under Section 5(1), Article VIII of the Constitution, these are cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and corpus. Resort to certiorari, prohibition and mandamus may be availed of only if "there is no appeal, or any plain, speedy, and adequate remedy in [14] the ordinary course of law". However, notwithstanding this grant of original jurisdiction, the Court has, through the years, assigned to lower courts such as the Court of Appeals the power to hear petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. As a result, the Court has considerable discretion to refuse to hear these petitions filed directly before it on the ground that such should have been filed instead with the Court of Appeals or the appropriate lower court. Nonetheless, cases that have attracted wide public interest, or where a speedy resolution is of the essence, have been accepted for decision by the Supreme Court without hesitation. In cases involving the original jurisdiction of the Court, there must be a finding of "grave abuse of discretion" on the part of the respondents to the suit to justify favorable action on the petition. The

Appellate review
Far and away the most common mode by which a case reaches the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases generally originate from lawsuits or criminal indictments filed and tried before the trial courts. These decisions of the trial courts may then be elevated on appeal to the Court of Appeals, or more rarely, directly to the Supreme Court if only questions of law are involved. Apart from decisions of the Court of Appeals, the Supreme Court may also directly review on appeal decisions rendered by the Sandiganbayan and the Court of Tax Appeals. Decisions rendered by administrative agencies are not directly appealable to the Supreme Court, they must be first challenged before the Court of Appeals. However, decisions of the Commission on Elections may be elevated directly for review to the Supreme Court, although the procedure is not, strictly speaking, in the nature of an appeal. Review on appeal is not as a matter of right, but "of sound judicial discretion and will be granted only when there are special and [13] important reasons therefor". In the exercise of appellate review,

standard of "grave abuse of discretion", a markedly higher standard than "error of law", has been defined as "a capricious and whimsical [15] exercise of judgment amounting to lack of jurisdiction"

Personal Jurisdiction Personal jurisdiction refers to one basic form of legal authority which can be possessed by a judicial decision-making body. In addition to potentially providing authority over specific people, personal jurisdiction can also provide for authority over some item of property, as will represent the specific instance of in rem personal jurisdiction. The lack of personal jurisdiction powers on the part of an interested court can be overcome with a defendant-signed waiver. Diversity Jurisdiction Diversity jurisdiction does not refer to lawsuits filed over claims of discrimination or comparable legal issues, but rather to the ability of a single court to hear cases involving participants who do not normally come under the territorial or personal jurisdiction of that particular court. In this regard, the United States Constitution provides for diversity jurisdiction in the language of Section 1332 of Title 28 of the U.S. Code.

Concurrent Jurisdiction The concurrent jurisdiction concept allows for a single legal matter to come under the legal heading of more than one judicial decisionmaking body. Along with other exceptional circumstances in which legal matters can be placed in terms of judicial oversight, the instance of concurrent jurisdiction is provided for through the language contained in the United States Code, specifically in this case through that of Title 28 Sections 1331 and 1332. Exclusive Jurisdiction The idea of exclusive jurisdiction has been formulated as the opposing principle to that of concurrent jurisdiction, in which authority over some matter of the law can be claimed by more than one judicial decision-making body. Exclusive jurisdiction refers to the solely held ability of a court to issue rulings on some legal matter and to block other courts from doing so. The power of the Supreme Court can thus be understood as exclusive jurisdiction. Subject Matter Jurisdiction As one of the basic ways in which one can have jurisdiction in the United States legal system, subject matter jurisdiction refers to the category of items over which this kind of legal authority is being exercised. Subject matter jurisdiction can be distinguished from and contrasted with the alternative categories of territorial jurisdiction and personal jurisdiction. Subject matter jurisdiction thus empowers the holder to act toward certain kinds of legal questions.

The case of Zamora vs. CA (183 SCRA 279) defines jurisdiction as "the power to hear, try and decide a case." If the court has no jurisdiction, the case isn't in its control. While jurisdiction is the power to hear and decide a case, procedure is the manner or process of hearing and deciding a case. There are 4 kinds of jurisdiction: 1.) As to cases tried: General (all cases) and limited (specific cases.) 2.) As to nature of cause: Original (where the case began) and appellate (when brought to a higher court for review; higher courts won't entertain

problems unless the lower courts can't solve them first -but there are exceptions, like habeas corpus.) 3.) As to extent of exercise: Exclusive (limited to a particular court) and concurrent (when different courts can try the same subject matter at the same time and place; the court whose jurisdiction was first called on takes over the case and the other courts won't touch it.) 4.) As to situs: territorial (limited to the area) and extra-territorial (extends beyond the territorial limits.) Jurisdiction falls into 2 groups: civil and criminal. The kinds of jurisdiction have their respective places within the 2 groups. ex. Family courts, Sandiganbayan etc.) For jurisdiction of the court to be valid it must have jurisdiction over the parties to the case, jurisdiction over the subject matter (it must be mentioned in the complaint,) jurisdiction over the res (property) and jurisdiction over the issue. Civil Jurisdiction In civil cases, it's the law at the time that governs the subject matter of the case. Jurisdiction over the subject matter can be questioned by the defendant (or by the court, on its own initiative) any time, even after judgment becomes final except if there's estoppel. The plaintiff (the complaining party) comes under the jurisdiction of the court when he sues the defendant. The defendant comes under the court's jurisdiction only if summons were properly

served on him or if he appears in court voluntarily. The defendant can question the court's jurisdiction, but only at the proper time -and if he doesn't he waives the right to question the jurisdiction.) Jurisdiction over the res happens when the property in question is seized, either actually or constructively. Jurisdiction over the issue comes either through the parties' consent or through their pleadings. Also, payment of the docket fees (with certain exceptions) completes the jurisdiction of the court to hear the case. Now for the specifics: 1.) First-level courts (MTC, MeTC, MTCC, MCTC) Exclusive Original All cases where the value in question is Php300,000.00 or less (or Php400,000.00 or less in Metro Manila;) Inclusion and exclusion of voters; Cases on real property (or any interest in them) valued at Php20,000.00 or less (Php50,000.00 or less in Metro Manila;) Provisional remedies in principal actions within their jurisdiction; those covered by the Rules on Summary procedure (like Forcible Entry and Unlawful Detainer;) and, all other civil cases except probate ones where the maximum claim of the plaintiff is Php100,000.00 (Php200,000.00 in Metro Manila) not including interest and costs. Delegated

The SC may designate it to hear land cases with no controversy or, if there is a controversy, the value is Php100,000.00 or less. Special Habeas corpus cases or applications of bail if there's no RTC judge. 2.) The RTC Exclusive Original If the action has no pecuniary estimation (no money involved;) if the real property (or interest in it) is higher than Php20,000.00 (Php50,000.00 in Metro Manila;) All caseswhere the value in question is higher than Php300,000.00 (Php400,000.00 in Metro Manila;) Family court cases; cases that aren't in the exclusive jurisdiction of any court or quasijudicial body; Civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court and the Court of Agrarian Relations as now provided by law; and, all other cases where the value of the property in question is higher than Php300,000.00 (Php400,000.00 in Metro Manila) not including damages, costs, attorney's fees, etc. Concurrent

With the SC: cases involving ambassadors, public ministers and consuls. With the SC and CA: issuance of writs of certiorari, prohibition, quo warranto, mandamus and injunction against lower courts. With the Insurance Commissioner: claims with a maximum of Php100,000.00. Special Certain branches may be designated by the SC to try exclusively criminal cases, juvenile and domestic violence cases, agrarian cases, urban land reform cases not in the jurisdiction of any quasi-judicial body and other special cases in the interest of justice. Appellate All cases decided by the lower courts in their territorial jurisdiction. 3.) The CA Exclusive Cases for the annulment of an RTC judgment Concurrent With the SC: petitions for certiorari, mandamus and prohibition against the RTC, NLRC and quasi-judicial agencies. With the SC and RTC: petitions of certiorari, prohibition and mandamus against the

lower courts and other bodies and for habeas corpus and quo warranto. Appellate

petitions

All final judgments, decisions, etc. of the RTC and quasi-judicial agencies except those under the exclusive appellate jurisdiction of the SC mentioned in the law and constitution. 4.) The SC Exclusive Original Petitions for certiorari, prohibition and mandamus against the CA, COMELEC, COA and Sandiganbayan. Concurrent With the CA: petitions for certiorari, prohibition and mandamus against the RTC, quasi-judicial agencies and NLRC (for NLRC and quasi-judicial agencies, this must first go to the CA.) With the CA and RTC: petitions for certiorari, prohibition and mandamus against lower courts and petitions for habeas corpus and quo warranto. With the RTC: Actions against ambassadors, public ministers and consuls. Appellate On appeal or certiorari, review, reverse revise, affirm or modify the following: errors or questions of law; cases where the penalty is reclusion

perpetua or higher; where the jurisdiction of a lower court is questioned; the legality of taxes, tolls, imposts, assessments or related penalties; or any case where the constitutionality or validity of a treaty, law order, agreement, proclamation, instruction or presidential decree is questioned. Criminal Jurisdiction There are only 3 requisites for acquiring jurisdiction: over the subject matter, which is determined by the facts in the complaint; over the territory, which is where the crime was committed, generally (there are exceptions;) and, over the accused which either happens through arrest or voluntary appearance in court by either posting bail, filing a motion to quash or appearing at arraignment or entering trial. The exceptions to jurisdiction over territory are the following: 1.) The crime is committed in a moving plane, ship, train or private vehicle passing through several territories (any of the territories can be the place of trial.) 2.) Cases of piracy, which is an international crime and can be tried anywhere in the world. 3.) Libel cases. 4.) If the SC orders a transfer to prevent injustice. 5.) Complex or continuing crimes (the place may be where the accused is found and the venue is where any part of the crime was committed; for a complex

crime, the court with the jurisdiction to impose the highest penalty for the crime.) 6.) Where the law provides The specifics are: 1.) The SC All cases where only errors or questions of law are involved; automatic review of criminal cases where reclusion perpetua is imposed by the RTC or Sandiganbayan (we don't have the death penalty anymore;) all criminal cases from the RTC or Sandiganbayan whose penalties are life imprisonment or reclusion perpetua and those which, even if they're not punished with those penalties, came from the same occurrence or were committed by the accused on the same occasion. 2.) The CA Appeals from the RTC, including cases of automatic review. 3.) The Sandiganbayan Violations of the Anti-graft Law and other offenses committed by public officials in relation to their office if their salary grade is G 27 or higher and over private individuals collaborating with these officials as principals, accomplices or accessories. 4.) The RTC

Criminal cases whose penalty exceeds 6 years' imprisonment regardless of the fine; but if the penalty is only a fine, if it's more than Php4,000.00; crimes where the accused is a public official or private individual working with him with a salary grade lower than G 27, or if the crime wasn't committed in relation to the office of the official; family courts cases; and, all cases decided by the first-level courts. 5.) The First-level courts (MTC, MCTC, MTCC, MeTC) All violations of city and municipal ordinances committed within their jurisdictions; all crimes punishable by imprisonment of 6 years or less, regardless of fine and other penalties or if the penalty is only a fine that is Php4,000.00 or less; crimes involving damage to property through criminal negligence regardless of the fine; and, all offenses where the accused is a public official with salary grade less than G 27 or any private person collaborating with him, or if the crime wasn't committed in relation to his office. Also the first-level courts can entertain applications for bail if there are no RTC judges present.
G.
Civil Courts Criminal Courts

In a civil suit, one party (the plaintiff) who feels The government (the plaintiff) they were harmed brings a complaint against brings suit against

another party (the defendant). Sometimes the (prosecutes) a person who government is one of the parties. they believe has broken the law (the defendant). Reasonable doubt is not required. A The guilt of the defendant "preponderance of evidence" is enough in must be proven beyond a most cases. reasonable doubt. The plaintiff can either ask for monetary relief, or equitable relief

Monetary relief is when the plaintiff If the defendant is convicted, asks for a cash award to remedy the he or she may have to serve situation. time in jail or pay a fine. Equitable relief is when the plaintiff asks for the court to order the other party to do or not to do something.

INFERIOR COURTS. By this term are understood all courts except the supreme courts. An inferior court is a court of limited jurisdiction, and it must appear on the face of its proceedings that it has jurisdiction, or its proceedings. will be void. SUPERIOR COURT? The name of a higher court than an inferior one but with less authority than an appeals court. Court of general jurisdiction / special or limited jurisdiction, The legal authority of a court to entertain whatever type of case comes up within the geographical area over which its power extends. General jurisdiction differs from special or limited jurisdiction, which is the power of a court to hear only certain types of cases, or those in which the amount in controversy is below a certain sum or that is subject to exceptions. Original jurisdiction / appellate jurisdiction

is distinguishable from appellate jurisdiction, which is the power of a court to hear and enter judgment upon a case brought for review. For example, the U.S. Supreme Court's caseload consists almost entirely appellate cases from the circuit courts of appeal. When two or more states are locked in a dispute, however, the Supreme Court has original jurisdiction to gather and hear evidence much like a trial court. The Court appoints a Special Master to hear the evidence and prepare factual findings. It then hears oral arguments and issues a decision as it does in appellate jurisdiction cases. Because it is the highest court in the United States, the Supreme Court's decision in original jurisdiction cases is final, with no right of appeal. the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments. ORIGINAL JURISDICTION, practice. That which is given to courts to take cognizance of cases which may be instituted in those courts in the first instance. The constitution of the United States gives the supreme court of the United State original jurisdiction in cases which affect ambassadors, other public ministers and consuls, and to those in which a state is a party. Original jurisdiction means the ability and right of a court to hear a case for the first time and establish the facts of the case. This can be a local court but the US Supreme Court also has original jurisdiction for specific types of cases. Appellate jurisdiction refers to the ability and right of court to hear appeals by parties involved in a case that has already by adjudicated once by a court of original jurisdiction. The court no longer considers the facts of the case, those having already been established by the court of original jurisdiction, but focuses on the law and how it was applied. Also, the appellate court will look at issues of procedure to ensure a fair process was undertaken
5 years ago

The Constitution and federal statutes divide the Supreme Court's jurisdiction into two main categories: original jurisdiction (the power to hear cases as an initial matter) andappellate jurisdiction (the power to hear cases on appeal from lower federal courts or from state courts). The original jurisdiction, which includes suits between states and actions against ambassadors, is rarely invoked. Cases heard in original jurisdiction come to the Court directly, and its decision is beyond further appeal. While original jurisdiction now consumes a small fraction of the Court's time and resources, it is still part of the Court's regular business. The Court hears between one and five original cases each year, partly to avoid allowing its original jurisdiction to fall into desuetude but mostly because of the need to decide real controversies between states, usually over boundary disputes.

courts and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, has been placed within the special competence of an administrative body; in such case, the judicial process is suspended pending referral of such issues to the administrative body for its view

Doctrine of non-interference, a trial court has no authority to interfere with the proceedings of a court of equal jurisdiction, much less to annul the final judgment of a co-equal court.
http://www.scribd.com/doc/83929260/BSL-JURISDICTION-ATTYBRONDIAL-CIVPRO#download

Doctrine of primary jurisdiction Applies only where the administrative agency exercises its quasijudicial or adjudicatory function. Thus, in cases involving specialized disputes, the practice has been to refer the same to an administrative agency of special competence pursuant to the doctrine of primary jurisdiction. The courts will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal prior to the resolution of that question by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact, and a uniformity of ruling is essential to comply with the premises of the regulatory statute administered. The objective of the doctrine of primary jurisdiction is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question or some aspect of some question arising in the proceeding before the court. It applies where the claim is originally cognizable in the

WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO APPLICATION? Public and private law Public law: laws that define the relationship between the State and the individual (e.g Constitution, Revised Penal Code) Private law: laws that define the relationship between individuals (e.g Civil Code, Commercial laws) WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITS NATURE? Substantive and procedural law Substantive law is the law that creates, defines and regulates Procedural law defines the method or proceedings in the enforcement of the rights and duties defined in substantive law SUBSTANTIVE LAW: 1. Creates 2. Defines 3. Regulates WHAT IS CRIMINAL PROCEDURE?

Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction As applied to criminal law, procedural law provides or regulates the steps by which one who has committed a crime is to be punished MEMORY AID: CRIMINAL PROCEDURE IS THE 1. METHOD prescribed by law 2. For the APPREHENSION AND PROSECUTION of 3. Persons ACCUSED OF ANY CRIMINAL OFFENSE and 4. For their PUNISHMENT, in case conviction WHAT IS CRIMINAL PROCEDURE CONCERNED WITH? Procedural steps through which the criminal case passes commencing with the investigation of a crime and concluding with the unconditional release of the offender Generic term to describe the network of laws and rules which govern the procedural administration of criminal justice

WHAT ARE THE SOURCES OF CRIMINAL PROSECUTION? 1. Spanish law on criminal procedure 2. General Order No. 58, dated April 23, 1900 3. Amendatory acts passed by the Philippines Commission 4. The quasi-acts, the Philippine Bill of 1902, the Jones law of 1916, Tydings-McDuffie Law, and the Constitution of the Philippines 5. The Rules of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure 6. Various Republic Acts: RA 240; New Rule 127, providing for attachment; RA 296, Judiciary Act of 1948 defining criminal jurisdiction; BP 129, as amended by RA 7691; RA 8249 creating the Sandiganbayan; RA 8349: Speedy Trial Act of 1998 7. Presidential decrees 8. Article 3: Bill of Rights of 1987 Constitution 9. Civil Code, in particular Articles 32, 33, and 34 10. Certain judicial decisions 11. Circulars 12. The Revised Rules on Criminal Procedure WHAT ARE THE THREE SYSTEMS OF CRIMINAL PROCEDURE?

1. THE INQUISITORIAL SYSTEM 2. THE ACCUSATORIAL SYSTEM 3. THE MIXED SYSTEM INQUISITORIAL SYSTEM Detection and prosecution of offenders are NOT LEFT IN THE INITIATIVE OF PRIVATE PARTIES but to the officials and agents of the law Resort is to SECRET INQUIRY to discover the culprit, and violence and torture are often employed to extract confessions Judge not limited to evidence brought before him but could proceed with his own inquiry which is not confrontational Characterized by secrecypublic doesnt know of the proceedings ACCUSATORIAL SYSTEM Every citizen or member of the group to which the injured party belongs may bring the accusation against a person suspected as the offender Action supposed to be a combat between the parties---the supposed offender has the right to be confronted by his accuser

Battle takes form of a public trial and is judged by a magistrate who renders a verdict The essence of this system is the right to be presumed innocent to defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt or moral certainty

Liberally construed in favor of the accused Strictly construed against the State WHY SHOULD THE RULES OF CRIMINAL PROCEDURE BE CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED? The purpose is to even the odds between the accused and the machineries of the State MAY THE RULES OF CRIMINAL PROCEDURE BE GIVEN RETROACTIVE EFFECT? It is a general rule that rules of procedure may be given retroactive effect as far as it benefits the accused WHAT IS JURISDICTION? Power or authority given by the law to a court or tribunal to hear and determine certain controversies Power of courts to hear and determine a controversy involving rights which are demandable and enforceable VENUE Particular country or geographical area in which a court with jurisdiction may hear or determine

Judicial setup in the Philippines is accusatorial in nature Characterized by being public MIXED SYSTEM Combination of the inquisitorial and accusatorial systems CRIMINAL LAW Essentially substantivedefines crimes, treats of their nature, and provides for their punishment CRIMINAL PROCEDURE Remedial or proceduralmethod by which a person accused of a crime is arrested, tried and punished What acts are punishable How the act is punished HOW ARE THE RULES OF CRIMINAL PROCEDURE CONSTRUED?

a case procedural JURISDICTION Power of the court to decide a case on the merits Place of trial Substantive In civil cases, may be waived or stipulated by the parties Granted by law or by the constitution and cannot be waived or stipulated IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE SAME? Yes, it should be filed where the crime is committed. This is different from civil cases, wherein venue and jurisdiction are different with one another CRIMINAL JURISDICTION Authority to hear and try a particular offense and impose the punishment for it ELEMENTS OF CRIMINAL JURISDICTION 1. Nature of the offense and the penalty attached thereto 2. Fact that the offense has been committed within the territorial jurisdiction of the court WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL

JURISDICTION? 1. Jurisdiction over the person 2. Jurisdiction over the territory 3. Jurisdiction over the subject matter WHAT IS JURISDICTION OVER THE SUBJECT MATTER? Power to hear and decide cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT MATTER? 1. Nature of the offense 2. Authority of the court to impose the penalty imposable given the allegation in the information 3. Territorial jurisdiction of the court imposing the penalty WHICH LAW DETERMINES THE JURISDICTION OF THE COURTTHE LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS FILED? General rule: the law as of the time when the action is filed, and not when the offense was committed

Exception to the rule: where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offensein this case, jurisdiction is determined by the law in force at the time of the commission of the offense WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME WHEN THE ACTION IS FILED? Since otherwise, it would amount to an ex post facto law if the law is given retroactive effect and it is not beneficial to the accused. WHAT IS ADHERENCE OF JURISDICTION? Once jurisdiction is vested in the court, it is retained up to the end of the litigation Remains with the court until the case is finally terminated Exception to the rule: when a newly enacted statute changing the jurisdiction of a court is given retroactive effect. It can divest a court of jurisdiction over cases already pending before it is which were filed before the statute came to force or became effective.

WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION? Jurisdiction is conferred by law This means that it cannot be the subject of stipulation or waiver HOW IS JURISDICTION DETERMINED? It is determination of the allegations contained in the complaint or information SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTY IS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTER TRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHER PENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION, CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THE OFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHER THAN 6 YEARS. VALID? X is wrong Jurisdiction over the subject matter is determined by the AUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLE GIVEN THE ALLEGATION IN THE INFORMATION Not determined by the penalty that may be meted out to the

offender after trial but to the extent of the penalty which the law imposes for the crime charged in the complaint IF DURING THE PROCEEDINGS, THE COURT FINDS THAT IT HAS NO JURISDICTION, HOW SHOULD IT PROCEED? Lower courts should simply dismiss the case Where the case is filed in the Supreme Court or the Court of Appeals, these courts can refer the case to the court with proper jurisdiction WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN CRIMINAL CASES? 1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction 2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years, regardless of the fine or other accessory penalties and civil liability 3. Offenses involving damage to property through criminal negligence 4. In cases where the only penalty provided by law is a fine, it has

exclusive jurisdiction over offenses punishable by a fine not exceeding P4000 5. In election offenses, cases involving failure to register or failure to vote 6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or application for bail in the province or city where the RTC judge is absent 7. Cases involving BP 22Bouncing Checks Law WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS IN CRIMINAL CASES? 1. Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused in not one of those falling under the jurisdiction of the Sandiganbayan is within the jurisdiction of the RTC. 2. Other laws which specifically lodge jurisdiction in the RTC a. Laws on written defamation or libel

b. Decree on Intellectual Property c. Dangerous Drugs Cases except where the offenders are below 16 years and there are Juvenile and Domestic Relations Courts in the province 3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial jurisdiction 4. In areas where there are no family courts, the cases falling under the jurisdiction of family courts shall be adjudicated by the RTC WHAT IS THE MEANING OF THE TERM REGULAR COURTS? It refers to civil courts as opposed to military courts Military courts cannot try and exercise jurisdiction over civilians for offenses allegedly committed by them as long as civil courts are open and functioning WHAT COURT HAS JURISDICTION OVER A COMPLEX CRIME? Trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime WHAT IS TERRITORIAL JURISDICTION?

Territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided for in Article 2 of the Revised Penal Code WHAT ARE THE CASES PROVIDED FOR IN ARTICLE 2? 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. HOW IS JURISDICTION OVER THE PERSON OF THE ACCUSED ACQUIRED? 1. Upon the lawful arrest of the accused

2. Upon his voluntary appearance or submission to the court WHEN IS THERE A LAWFUL ARREST? 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another 4. Hot pursuit WHAT DOES IT MEAN WHEN A PERSON VOLUNTARILY SUBMITS HIMSELF TO THE COURT? He cannot anymore question the jurisdiction of the court over his person WHEN CAN A PERSON QUESTION THE LEGALITY OF HIS ARREST?

An accused may question the legality of his arrest before he enters his plea CAN JURISDICTION OVER THE PERSON BE WAIVED? Yes Unlike jurisdiction over the offense which is conferred by the Constitution or by law, jurisdiction over the person may be waived For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived SITUATION: X WAS CHARGED IN COURT WITH AN OFFENSE. X FILED A MOTION TO QUASH ON THE GROUND THAT THE COURT HAS NO JURISDICTION OVER HIS PERSON BECAUSE THE ARREST WAS ILLEGAL AND BECAUSE THE INFORMATION WAS INCOMPLETE. CAN X INVOKE LACK OF JURISDICTION OF THE COURT OVER HIS PERSON? No. X cannot invoke the lack of jurisdiction of the court One who desires to object to the jurisdiction of the court over his

person must appear in court for that purpose only, and if he raised other questions he waives the objection. SITUATION: X WAS CHARGED WITH ESTAFA IN MAKATI WHILE HE IS IN THE US. HE WAS INFORMED ABOUT THIS AND HE MOVED FOR THE QUASHING OF THE INFORMATION AGAINST HIM. IS THE PRESENCE OF THE ACCUSED NECESSARY IN ORDER FOR THE COURT TO ACT ON A MOTION? It is not necessary for the court to first acquire jurisdiction over the person of the accused to act on a motion, such as dismissing a case or other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for bail, in which instance the presence of the accused is mandatory. WHY IS IT NOT NECESSARY FOR THE COURT TO FIRST ACQUIRE JURISDICTION OVER THE PERSON TO ACT ON A MOTION EXCEPT IN APPLICATIONS FOR BAIL?

Personal presence is needed in bailthe court needs to know who the person seeking liberty is SITUATION: X QUESTIONS THE LEGALITY OF HIS ARREST. HE COMES BEFORE THE COURT TO APPLY FOR BAIL. DID HE WAIVE HIS RIGHT TO QUESTION THE LEGALITY OF HIS ARREST? Application for bail is not a waiver on the part of the arrested person as long as he has not entered his plea CAN A PERSON WAIVE TO QUESTION THE ILLEGALITY OF HIS ARREST? He cannot question the illegality of his arrest after he enters his plea He must question the illegality before arraignment or before he enters his plea HOW ARREST IS TO BE MADE? An arrest is made by an ACTUAL RESTRAINT of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an

arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. WHAT DO WE MEAN BY ACTUAL RESTRAINT? When the person is deprived of liberty or otherwise in the custody of the person making the arrest IS THERE AN EXCEPTION TO THE RULE OF PHYSICAL PRESENCE IN APPLICATION FOR BAIL? See the PADARANGA CASE WHAT ARE THE REMEDIES OF A PERSON ILLEGALLY ARRESTED? 1. By the filing of a motion to quash 2. Refuse to enter plea (?) WHAT IS THE RELATION OF THE PRINCIPLE OF ESTOPPEL TO ILLEGALITY OF ARRESTS? A person who has not questioned the illegality of his arrest can not do so after a certain period DOES THE PRINCIPLE OF ESTOPPEL APPLY TO THE STATE? No, it does not apply RULE 110 - PROSECUTION OF OFFENSES Section 1. Institution of criminal actions. Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required

pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters. The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. HOW ARE CRIMINAL ACTIONS INSTITUTED? 1. For offenses where a preliminary investigation is required, by filing a complaint with the proper officer for the purpose of conducting the requisite preliminary investigation 2. For the other offenses, by filing the complaint or information directly with the MTC or complaint with the office of the prosecutor WHAT IS THE EFFECT OF THE INSTITUTION OF THE CRIMINAL

ACTIONS ON THE PERIOD OF PRESCRIPTION OF THE OFFENSE? It shall interrupt the running off the period of prescription of the offense unless otherwise provided for in special laws Rule doesnt apply to violations of municipal ordinances and special lawsinterrupted only by the institution of the judicial proceedings for their investigation and punishment, while violations of municipal ordinances prescribe after 2 months WHAT IS THE EFFECT OF THE FILING BEFORE THE LUPON BARANGAY TO THE RUNNING OF PRESCRIPTION? It would interrupt the running of the prescriptive period but it should not be for more than 60 days Sixty days counted from the time when the Lupon Secretary certifies that no conciliation or settlement was reached or upon repudiation of the parties of the agreement CAN THE OFFENDED PARTY GO DIRECTLY TO COURT TO FILE A CRIMINAL ACTION?

No. General rule is that before a complaint is filed in court, there should have been a confrontation between the parties before the Lupon Chairman. The Lupon secretary should certify that no conciliation or settlement was reached attested to by the Lupon Chairman. The complaint may also be filed if the settlement is repudiated by the parties Note: Lupon Tagapamayapa WHAT IS THE PROCEDURE IN THE KATARUNGAN PAMBARANGAY LAW? 1. While the dispute is under mediation conciliation or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing of the complaint with the Punong Barangay 2. Prescriptive periods shall resume upon receipt by the complainant of the complaint or the certificate of repudiation or of the certification to file action filed by the Lupon or Pangkat secretary

3. Provided however, that such interruption shall not exceed 60 days from the filing of the complaint with the Punong Barangay WHAT ARE THE EXCEPTIONS TO THE RULE? 1. Where the accused is under detention 2. Where a person has been otherwise deprived of personal liberty calling for habeas corpus proceedings 3. Where actions are coupled with provisional remedies 4. Where the action may be barred by the statute of limitations WHEN ARE AMICABLE SETTLEMENTS NOT ALLOWED? 1. Where one party is the government or any subdivision or instrumentality thereof 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or fine exceeding P5000 4. Offenses where there is no private offended party 5. Where the dispute involves real properties located in different cities or municipalities 6. Disputes involving parties who reside in different barangays, cities or municipalities

7. Other cases which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice WHAT IS THE DIFFERENCE BETWEEN THE INSTANCES WHEN PARTIES MAY GO DIRECTLY TO COURT AND WHEN AMICABLE SETTLEMENTS ARE NOT ALLOWED? The difference is that when the amicable settlements are not allowed, the parties may still go to the Lupon Taga-pamayapa. It is the Lupon that will say that it has no jurisdiction to settle the dispute, on the other hand, in the other instance, the parties may go directly to the court without going to the Lupon Sec. 2. The complaint or information The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. WHAT IS THE FORM REQUIRED FOR THE COMPLAINT OR INFORMATION? 1. Shall be in writing 2. In the name of the People of the Philippines

3. Against all persons who appear to be responsible for the offense involved WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAME OF THE PEOPLE OF THE PHILIPPINES? Crime is considered an outrage against the peace and security of the people at large, its vindication must also be in the name of the people INSTITUTION For offenses which require preliminary investigation, the COMMENCEMENT Criminal action is instituted by filing the complaint for preliminary investigation Criminal action is commenced when the complaint or information is filed in court