LOMONGO, BASTIAN MIGUEL Y.

Preliminary Considerations
Criminal Procedure defined:
is concerned with the procedural
steps through which a criminal case
passes, commencing with the initial
investigation of a crime and
concluding with the unconditional
release of the offender.
it is the procedural administration
of criminal justice
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.

Sources our criminal procedure:

1. Rules of Court January 1, 1964
2. Revised by the Rules of Court
Revision
Committee
on
November 22, 1984.
3. Then it was amended on Oct. 1,
1988.
4. Then on Oct. 3, 1000 in an en
banc res it was revised and it
took effect on December 1, 2000.
5. Consti 1987 Bill of Rights
6. Various acts of the legislature
BP 129
7. Presidential Decrees
8. Executive Orders
9. Decisions of the Supreme Court

Criminal law distinguished

criminal procedure:

from

the former is substantive the

latter is procedural. Former
declares
what
acts
are
punishable the latter declares
how they are to punished.

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Systems of Criminal Procedure:

1. Inquisitorial System: wholly in the
hands of the prosecuting officer and
the court and it is characterized by
secrecy. Presence before the
magistrate is not a requirement.
2. Accusatorial System: requires all
crimes to be prosecuted by a public
prosecutor EXCEPT the so-called
private offenses which must be
commenced by a complaint of the
offended party.
the accused has the right to be
present at any stage of the
proceedings and to be heard
personally or by counsel.
Right to appeal is characteristic
of this system (although the
judgment of the trial court does
not require imprimatur of the
court of the last resort before it
may attain finality).
Essence there must be a moral
certainty of guilt to defeat the
consti presumption of innocence.
3. Mixed system: it contemplates
two contending parties before the
court, which hears them impartially
and renders judgment only after
trial.
The preliminary examination
conducted by the judge before he
issues the warrant of arrest is an
aspect of the inquisitorial system
The right to be present in any
stage of the proceedings and
defend himself in person, to be
exempt from being a witness
against himself during the trial
are
the
features
of
the
accusatorial system

Jurisdiction defined:
Juris and dico: I speak by the law

LOMONGO, BASTIAN MIGUEL Y.

Power or the capacity given by

the law to a court or tribunal to
entertain, hear and determine
certain controversies. It is the
authority to hear and determine a
cause.
It is vested in the Court not in
the judges.
The court has no jurisdiction to
punish contemptuous conduct
committed against another court.

Distinguished from Venue:

The particular country, or
geographical area in which a
court with jurisdiction may hear
and determine a case
Venue deals with the locality,
the place where the suit may be
had, while jurisdiction treats of
the power of the court to decide
the case on the merits.
Venue is procedural, jurisdiction
is substantive.
Civil cases: venue can be
waived or be the subject of an
agreement
Criminal cases: venue cannot
be so waived or stipulated upon
because it is an element of
jurisdiction.
Criminal jurisdiction:
Power of the tribunal to hear
and try a particular offense and
impose the punishment for it.
It has no power to try and
convict or acquit a person for a
crime committed within its
territory, unless a complaint or
information has been filed with
said court.

Requisites of criminal jurisdiction:

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1. The offense is one which the court

is by law authorized to take
cognizance of
2. The offense must have been
committed within its territorial
jurisdiction
3. The person charged with the
offense must have been brought to
its presence for trial, forcibly by
warrant of arrest or upon his
voluntary submission to the court
The court may have jurisdiction over the
subject matter, over the territory, and
over the person of the accused.

Jurisdiction over the subject matter:

subject matter: means the
power to hear and determine
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.
It can be challenged at any
stage of the proceedings and for
lack of it, a court can dismiss a
case ex mero motu (out of its
own accord).
The mere fact that after the trial
and after the court has heard the
evidence, it was found that the
crime committed was lesser than
that described in the complaint,
the court CANNOT dismiss the
case because the action should
have been brought in a lower
court. In other words, the courts
jurisdiction in the first instance is
determined by the facts alleged in
the complaint and not by the
qualification of the crime made in
the title of the complaint, or by
the result of proof after trial.

LOMONGO, BASTIAN MIGUEL Y.

Jurisdiction over the territory:

Venue in criminal cases is
jurisdictional.
As regards territorial jurisdiction,
criminal action shall be instituted
and tried in the court of the
municipality of province wherein
the offense was committed or
where any of its essential
ingredients took place.
The principle seeks to preclude
harassment of the defendant and
to
save
him
from
the
inconvenience and expense of
depending himself somewhere
else.
Jurisdiction over the person of the
accused:
Taking into custody by the court
of the person of the accused in
order that he may be bound to
answer for the commission of the
offense (Rule 113).

Jurisdiction over continuing crimes:

Where any of the essential ingredients
of the offense took place
For it to exist: there should be plurality
of acts performed separately during a
period of time; unity of the penal of
criminal intent or purpose, which means
that the two or more violations of the
same personal provision are united in
one and the same intent leading to the
perpetration of the same criminal
purpose or aim.
Based upon the ground that there is a
new commission of the same offense in
the jurisdiction where he is found.
In such a case, the complaint should
allege that the offense was committed
within the jurisdiction of the court and
not at the place where it was originally
committed.

Territorial jurisdiction, how determined:

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Determined by the allegations in

the information as to the situs of the
crime and this determines, in the
first instance, whether said court
has jurisdiction to try the case.
Thus, even if the court
subsequently dismisses the action
upon proof that the offense was
committed outside its territory, all
proceedings prior thereto are valid.

Exceptions to territorial principle:

a. Where the offense was committed
under the exceptional circumstances
provided for in Art. 2 of the RPC.
- Commit an offense while on a
Philippine ship or airship
- Forge or counterfeit any coin or
currency note of the Phil Islands or
obligations and securities issued by
the govt
- Liable for acts connected with the
introduction into these islands of the
obligations and securities mentioned
in the preceding number
- While being public officers or
employees, commit an offense in the
exercise of their functions
- Commit any of the crimes against
national security and the law of
nations
All of these cases are triable in the
Philippine courts notwithstanding the
fact that it was committed outside of
the Phil.
b.
In cases of piracy hostes
humani generic
c.
Where an offense is committed
on a railroad train, in an aircraft, or any
other public or private vehicle in the
course of its trip- where it passed during
such trip, departure and arrival.
d.
Where an offense is committed
on board a vessel in the course of its
voyagefirst port of entry or of any

LOMONGO, BASTIAN MIGUEL Y.

municipality or territory thru which the

vessel passed during such voyage
e.
In those cases where the SC, in
the interest of truth and impartial justice,
transfers the place of trial from one
place to another. One of these
incidental and inherent powers of the
courts is that of transferring the trial of
cases from one court to another of equal
rank in a neighboring site, whenever the
imperatives of securing a fair and
impartial trial, or of preventing a
miscarriage of justice so demand.
the power to transfer venue or palce of
trial is expressly granted by the 1987
Consit to the SC, ART. VIII, Sec 5 (4),
which provides that the Supreme Court
has the power to order a change of
venue or place of trial to avoid a
miscarriage of justice.

Jurisdiction
accused:

over

the

person

of

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He must go to the court for that

purpose only, if he raises other
questions, he waives the objection.

Criminal
determined:

jurisdiction,

how

Jurisdiction is determined by the fine

and imprisonment prescribed by law.
Once jurisdiction is acquired by the
court in which the information is filed, it
is there retained, regardless of whether
the evidence proves a lesser offense
than that charged in the information or
the subsequent happening of events,
although of a character which would
have
prevented
jurisdiction
from
attaching in the first instance.

Definition and apportionment

jurisdiction, legislative function:

of

1. Apprehension with or without warrant

extent of jurisdiction is ascertained

principally from two sources: a.
conferred by express or implied
provisions of a statue b. Constitution

2. His voluntary submission to the

jurisdiction of the court which may be
effected by:

Criminal Jurisdictions of courts:

Acquired either upon his:

- posting bail or
- by filing a motion to quash or
- by appearing at the arraignment
or

a.
Metropolitan
Trial
Courts,
Municipal Trial Courts, and Municipal
Circuit Trial Courts

- entering trial
The voluntary appearance of the
accused, through counsel, at the presuspension hearing held in connection
with an anti-graft charge, is considered
to be submission to the jurisdiction of
the court over his person, even if no
warrant has been issued for his arrest.

Jurisdiction over the person of the

accused may be waived (as opposed to
subject matter).
If he fails to make a seasonable
objection thereto, he is deemed to have
waived it.

Exclusive original jurisdiction over

all violations of city or municipal
ordinances committed within their
respective territorial jurisdiction
Exclusive original jurisdiction over
all
offenses
punishable
with
imprisonment of not exceeding 6
years IRRESPECTIVE of the
amount of fine, and regardless of
other imposable accessory or other
penalties, including the civil liability
arising from such offenses or
predicated thereon, irrespective of
kind, nature, value or amount
thereof.
Offense involving damage to
property
through
criminal
negligence,
they
shall
have

LOMONGO, BASTIAN MIGUEL Y.

exclusive
original
jurisdiction
thereof.
However, under RA 7691, fine no
longer a factor to determine
jurisdiction because of the phrase
that the lower court shall have
exclusive original jurisdiction over
all
offenses
punishable
with
imprisonment not exceeding 6 years
irrespective of the amount of fine,
regardless of all other impossible
accessory or other penalties.
In seduction by the insertion of
the phrase regardless of other
impossible accessory or other
penalties including the civil liability
arising from such offenses or
predicated thereon, the offense of
simple seduction is now within the
exclusive original jurisdiction or
metropolitan trial courts, municipal
trial courts and municipal circuit trial
courts.
other impossible accessory or other
penalties in the present law,
difficulties arising from the question
of whether or not the penalty for
habitual delinquency should be
considered in the determination of
jurisdiction, passed away into legal
history.
Under PD 1606 amended by RA
8249: Metropolitan Trial Courts,
Municipal Trial Courts and Municipal
Circuit Trial Courts now have
jurisdiction over cases involving
government officials and employees
where the imposable penalty is not
more than 6 years and the officers
charged do not fall under the
jurisdiction of the Sandiganbayan,
meaning those below salary grade
of 27 and not among those
enumerated in Section 4, PD 1606.
No warrant of arrest shall be issued
by the Judge in connection with any
criminal complaint filed with him for
preliminary investigation, unless an
examination in writing and under
oath
or
affirmation
of
the
complainant and his witnesses, he
finds that a probable cause exists.

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Any warrant of arrest issued may be

served anywhere in the Phil.

b.
Regional Trial Courts: All
criminal cases not within the
exclusive original jurisdiction of any
court, tribunal or body. Penalty
higher than 6 years.

Includes government officers and

employees wherein the accused is
not one of those falling under the
jurisdiction of the Sandiganbayan,
meaning to say, that he is below
salary grade 27 and not among
those enumerated in Sec. 4, PD 1606
as amended.
Criminal cases, concurrent original
jurisdiction over the subject matter
may now be said to exist only
between the Supreme Court and
Regional Trial Court in cases affecting
ambassadors, public ministers, and
consuls.
In the matter of territorial jurisdiction,
concurrent jurisdiction between courts
of equal rank may result in continuing
crimes; crimes committed on a
railroad train, aircraft or in any public
or private vehicle while in the course
of its trip, crimes committed on board
a vessel in the course of its voyage;
other crimes committed outside of the
Phil but punishable therein under
Article 2 of the RPC and written
defamation.
On the appellate level, RTC exercise
appellate jurisdiction over all cases
decided by MetroTC, MuniTC, and
MCTC, in their respective territorial
jurisdiction.

c. Family Courts: exclusive original

jurisdictions to hear and decide the
following cases:

LOMONGO, BASTIAN MIGUEL Y.

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- Criminal cases where one or

more of the accused is below 18
but not less than 9 OR when one
or more of the victims is a minor
at the time of the commission of
the offense.

jurisdiction wherein a motion for new

trial based only on the ground of newly
covered evidence granted by it.

Cases
against
minors
cognizable under the Dangerous
Drugs Act

The 1973 Constitution provided for, but

did not create a special court, the SB,
with jurisdiction over criminal and civil
cases involving graft and corrupt
practices and such other offenses
committed by public officers and
employees, including those in GOCC in
relation to their office as may be
determined by law.

- Violation of RA 7610 Special

Protection of Children Against
Child Abuse, Exploitation and
Discrimination Act
- Cases of domestic violence
- Children all forms of abuse,
neglect,
cruelty, exploitation,
violence and discrimantion.

d. Court of Appeals
Exercises:
1. Original jurisdiction to issue writs of
mandamus,
prohibition,
certiorari,
habeas corpus, and quo warranto, and
auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction
2. Exclusive original jurisdiction over the
annulment of judgments of Regional
Trial Courts
3. exclusive appellate jurisdiction over
all
final
judgments,
decisions,
resolutions, orders, or awards of
Regional Trial Courts and quasi-judicial
agencies, instrumentalities, boards, or
commissions, EXCEPT those falling
within the appellate jurisdiction of the
SC in accordance with the Consti
( automatic review in capital punishment
cases * but there is a case where the
SC gave power to IAC).
The CA shall have the power to
receive evidence and perform any and
all acts necessary to resolve factual
issues raised in a) cases falling within its
original jurisdiction such as actions for
annulment of judgments of regional trial
court provided in number 2 above b)
cases falling within its appellate

e. Sandiganbayan

Exclusive jurisdiction over:

Violation of RA 3019 (Anti-Graft and
Corrupt Practices Act, RA 1379 and
Chapter II, Section 2, Title VII, Book II of
the RPC, where one or more of the
accused are officials occupying the ff
position in the govt whether permanent,
acting or interim capacity at the time of
the commission of the offense:
1. Officials of the executive
branch, grade 27 or higher (see
list on page 29)
2. Members of the Congress
3. Members of the judiciary
4. Chairmen and members of the
Constitutional Commission
5. All other national and local
officials classified as salary grade
27 and higher
Other offenses or felonies whether
simple or complexed with other crimes
committed by the public officials and
employees in relation to their office
Civil and criminal cases filed pursuant to
and in connection with EO No. 1, 2, 14,
and 14-A (law which created the
PCGG).
When not mentioned, the jurisdiction is
in the RTC, METTC, MUNTC, MCTC as
provided by BP 129.
The SB
appellate

shall exercise exclusive

jurisdiction
over
final

LOMONGO, BASTIAN MIGUEL Y.

judgments, resolutions or orders or

regional trial courts whether in the
exercise of their own original jurisdiction
or of their appellate jurisdiction as herein
provided.
The SB shall exercise exclusive orig
jurisdiction over petitions for the
issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus,
injunction 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 field which
may be filed under the PCGG.
In case private individuals are charged
as co-principals, accomplices, or
accessories with the public officers or
employees, they shall be tried jointly
with said public officers and employees
in the proper courts which shall exercise
exclusive jurisdiction over them.
The
criminal
action
and
the
corresponding civil action for the
recovery of civil liability shall at all times
be simultaneously instituted with, and
jointly determined in, the same
proceeding by the SB or the appropriate
courts, the filing of the criminal action
being deemed to necessarily carry with
it the filing of the civil action, and no
right to reserve the filing of such civil
action separately from the criminal
action shall be recognized.
When the criminal case was filed at the
SB, and the civil action was filed
separately but has not reached
judgment yet, it shall be transferred to
the SB or the appropriate court for the
consolidation and joint determination
with crim action, OTHERWISE, separate
civil action shall be deemed abandoned.

When offense considered committed in

relation to office:
Offense was committed in
relation to the office must be
alleged in the information

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Taking advantage of their

respective position vs. offenses
committed in relation to the office
it must be the latter and not the
former because if the former is
considered, it shall only be an
aggravating circumstance and
not as one that qualifies the
crime.

What a public office is:

Public office: one created by law to
discharge a sovereign function and the
salarty is a mere incident and forms no
part of it. If there is no salary or fee
annexed, it is a naked of honorary office
as opposed to a lucrative office or an
office or profit.

f. Supreme Court
Sec. 5, Article VIII of the 1987
Constitution
Sec 17 of the Judiciary Act of 1948

g. Katarungang Pambarangay

Under the LGC of 1991, Lupong

Tagapamayapa shall be composed of:
Punong Barangay as Chairman and 10
to 20 members
1. Authority of the Lupon: parties
actually residing in the same city or
municipality for amicable settlement of
ALL disputes. EXCEPT:
a. One party is the govt or any
subdivision or instrumentality thereof
b. One party is a public officer or
employee and the dispute relates to the
performance of his official functions
c. Offenses punishable by imprisonment
of 1 year or a fine exceeding P5,000.
d. Offenses where there is no private
offended party

LOMONGO, BASTIAN MIGUEL Y.

e. The dispute involves real properties

located
in
different
cities
or
municipalities unless the parties thereto
agree to submit their differences to
amicable settlement by an appropriate
Lupon.
f. Dispute involving parties who actually
reside in barangays of different cities or
municipalities, except where such
barangay units adjoin each other and
the parties thereto agree to submit their
differences to amicable settlement by an
appropriate lupon
g. Such other classes of disputes which
the President may determine in the
interest of justice or upon the
recommendation of the Secretary of
Justice.

Sc held that the law does not make

distinction whatsoever with respect to
the classes of civil disputes that should
be compromised at the barangay level

2. Venue of Settlement

a. Disputes bet persons actually residing

in the same barangay
b. Those involving actual residents of
different barangays within the same city
or municipality barangay where the
respondent or any of the respondents
actually resides, at the election of the
complainant
c. Disputes involving real property or
any interest therein shall be brought in
the barangay where the real property or
the larger portion thereof is situated
d. Those arising at the workplace where
the contending parties are employed or
at the institution where such parties are
enrolled for study shall be brought
where such workplace or institution is
located.
Objection to venue: shall be raised in
the mediation proceedings before the

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punong barangay; otherwise, the same

shall be deemed waived.
3. Confrontation between the parties
before the Lupon a pre-condition before
filing of case; exceptions.
- f its within the jurisdiction of the Lupon,
it shall not be filed or instituted directly in
court or any other government office for
adjudication unless there has been a
confrontation between the parties before
the lupon chairman or the pangkat, and
that no conciliation or settlement has
been reached as certified by the lupon
secretary or pangkat secretary as
attested to by the lupon chairman or
pangkat chairman or unless settlement
has been repudiated by the parties
thereto.
Instances where the parties may go
directly to the court:
- Accused is under detention
- Person has been deprived of personal
liberty calling for habeas corpus
proceedings
- Actions are coupled with provisional
remedies such as a) preliminary
injunction b) attachment c) delivery of
personal property, d) support pendente
lite e)**replevin
- where actions may be barred by the
statute of limitations (sec. 412(b))

4. Confrontation or conciliation process

not jurisdictional but only a condition
precedent

Conciliation process at the

barangay level is a condition precedent
for the filing of action in those instances
where said law applies, and that the
failure to avail of the conciliation process
does
not
warrant
jurisdictional
objections for it merely renders the
complaint vulnerable to a timely motion
to dismiss.

Failure to observe the conciliation

process is not jurisdictional.

LOMONGO, BASTIAN MIGUEL Y.

Non-compliance
with
that
condition precedent could affect the
sufficiency of plaintiffs cause of action
and make his complaint vulnerable to
dismissal on the ground of lack of cause
of action or prematurity. The condition is

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analogous to the failure of the party to

exhaust administrative remedies, or lack
or earnest efforts to compromise suits
between close members of the family,
lacking which the case can be
dismissed.