Atty.

LBG
Sections 4102 and 4103

JURISDICTION
WHAT IS ADHERENCE OF JURISDICTION?
WHAT IS JURISDICTION? > Once jurisdiction is vested in the court, it is retained up to the end of the
> Power or authority given by the law to a court or tribunal to hear and determine litigation
certain controversies > Remains with the court until the case is finally terminated
> Power of courts to hear and determine a controversy involving rights which > Exception to the rule: when a newly enacted statute changing the jurisdiction of
are demandable and enforceable 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.
VENUE JURISDICTION
WHICH LAW DETERMINES THE JURISDICTION OF THE COURT— THE LAW IN FORCE
Particular country or geographical Power of the court to decide a AT THE TIME OF THE COMMISSION OF THE OFFENSE OR THE ONE IN FORCE AS OF
area in which a court with case on the merits THE TIME WHEN THE ACTION IS FILED?
jurisdiction may hear or determine a > General rule: the law as of the time when the action is filed, and not when the
case -Place of trial offense was committed

-Substantive WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME WHEN THE
ACTION IS FILED?
-Granted by law or by the constitution
and cannot be waived or stipulated. > Since otherwise, it would amount to an ex post facto law1 if the law is given
retroactive effect and it is not beneficial to the accused.
In civil cases, may be waived or
stipulated by the parties WHAT IS CRIMINAL JURISDICTION?
Authority to hear and try a particular offense and impose the punishment for
it.
WHAT IS THE MOST IMPORTANT PRINCIPLE ON JURISDICTION?
> Jurisdiction is conferred by law. ELEMENTS OF CRIMINAL JURISDICTION
> This means that it cannot be the subject of stipulation or waiver 1. Nature of the offense and the penalty attached thereto

1 especially : a law that retroactively alters a defendant's rights especially by crime from the punishment imposed at the time the crime was committed, or by
criminalizing and imposing punishment for an act that was not criminal or taking away from the protections (as evidentiary protection) afforded the defendant
punishable at the time it was committed, by increasing the severity of a crime from by the law as it existed when the act was committed.
its level at the time the crime was committed, by increasing the punishment for a

Page 1 of 6
Atty. LBG
Sections 4102 and 4103

2. Fact that the offense has been committed within the territorial
jurisdiction of the court
Rule 110 Prosecution of Offenses
WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION?
Institution of criminal actions. — Criminal actions shall be instituted as follows:
1. Jurisdiction over the person of the accused
2. Jurisdiction over the territory (a) For offenses where a preliminary investigation is required pursuant to
3. Jurisdiction over the subject matter section 1 of Rule 112, by filing the complaint with the proper officer for
the purpose of conducting the requisite preliminary investigation.
1. Jurisdiction over the subject matter
(b) For all other offenses, by filing the complaint or information directly
Power to hear and decide cases of the general class to which the with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the
proceedings in question belong and is conferred by the sovereign authority complaint with the office of the prosecutor. In Manila and other chartered
which organizes the court and defines its powers.] cities, the complaint shall be filed with the office of the prosecutor unless
otherwise provided in their charters.
refers to cases of the general class where the proceedings in question
belong as determined by the nature of the offense and by the penalty The institution of the criminal action shall interrupt the running period of
imposed by law prescription of the offense charged unless otherwise provided in special laws
2. Jurisdiction over the person of the accused:
Complaint Information
1. Upon the lawful arrest of the accused The complaint or information shall be in writing, in the name of the People of
2. Upon his voluntary appearance or submission to the court the Philippines and against all persons who appear to be responsible for the
offense involved.
3. Territorial Jurisdiction A complaint is a sworn written An information is an accusation in
statement charging a person with an writing charging a person with an
Geographical limits of the territory over which the court presides and offense, subscribed by the offended offense, subscribed by the prosecutor
where the offense was committed party, any peace officer, or other and filed with the court.
public officer charged with the
IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE SAME? enforcement of the law violated.
> Yes, it should be filed where the crime is committed.
> This is different from civil cases, wherein venue and jurisdiction are different Content:
with one another.
1. name of the accused;

Page 2 of 6
Atty. LBG
Sections 4102 and 4103
2. designation of the offense given by the statute;
3. acts or omissions complained of as constituting the offense; the name of
the offended party;
4. approximate date of the commission of the offense; and the place where
the offense was committed.
5. When an offense is committed by more than one person, all of them shall
be included in the complaint or information.
Name of the accused. — The complaint or information must state the name and
surname of the accused or any appellation or nickname by which he has been or is
known. If his name cannot be ascertained, he must be described under a fictitious
name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some
other manner to the court, such true name shall be inserted in the complaint or
information and record. (7a)
Designation of the offense. — The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances.
If there is no designation of the offense, reference shall be made to the section or
subsection of the statute punishing it. (8a)
Cause of the accusation. — The acts or omissions complained of as constituting the
offense and the qualifying and aggravating circumstances must be stated in
ordinary and concise language and not necessarily in the language used in the
statute but in terms sufficient to enable a person of common understanding to
know what offense is being charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment. (9a)
Place of commission of the offense. — The complaint or information is sufficient if
it can be understood from its allegations that the offense was committed or some
of the essential ingredients occurred at some place within the jurisdiction of the
court, unless the particular place where it was committed constitutes an essential
element of the offense or is necessary for its identification. (10a)
Date of commission of the offense. — It is not necessary to state in the complaint
or information the precise date the offense was committed except when it is a
material ingredient of the offense. The offense may be alleged to have been
committed on a date as near as possible to the actual date of its commission. (11a)
Section 12. Name of the offended party. — The complaint or information must
state the name and surname of the person against whom or against whose
property the offense was committed, or any appellation or nickname by which
such person has been or is known. If there is no better way of identifying him, he
must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is
unknown, the property must be described with such particularity as to
properly identify the offense charged.
(b) If the true name of the of the person against whom or against whose
properly the offense was committed is thereafter disclosed or ascertained,
the court must cause the true name to be inserted in the complaint or
information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its
name, or any name or designation by which it is known or by which it may
be identified, without need of averring that it is a juridical person or that it
is organized in accordance with law.
Page 3 of 6
Atty. LBG
Sections 4102 and 4103
Who must prosecute criminal actions?
G.R. Prosecutor
XPN: In case of heavy work schedule of the public prosecutor or in the event of
lack of public prosecutors, the private prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute
the case subject to the approval of the court. Once so authorized to prosecute the
criminal action, the private prosecutor shall continue to prosecute the case up to
end of the trial even in the absence of a public prosecutor, unless the authority is
revoked or otherwise withdrawn. x x x ."
XPN to the XPN:
Crimes Complaint should be filed by:
adultery and concubinage Offended spouse.2
offenses of seduction, abduction and offended party or her parents,
acts of lasciviousness grandparents or guardian, State
2The offended party cannot institute criminal prosecution without including the guilty
parties, if both alive, nor, in any case, if the offended party has consented to the offense
or pardoned the offenders.
3 Section 7. When accused lawfully arrested without warrant. — When a person is
lawfully arrested without a warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed by a prosecutor without need
of such investigation provided an inquest has been conducted in accordance with
existing rules. In the absence or unavailability of an inquest prosecutor, the complaint
may be filed by the offended party or a peace office directly with the proper court on the
basis of the affidavit of the offended party or arresting officer or person.
Has the right to initiate the
prosecution of the offenses of
seduction, abduction and acts of
lasciviousness independently of her
parents, grandparents, or guardian,
unless she is incompetent or incapable
of doing so. (successively by P/GP/G).
defamation offended party.
RULE 112 - PRELIMINARY INVESTIGATION
Section 1. Preliminary investigation defined; when required. – Preliminary
investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.
Except as provided in Section 7 of this Rule3, a preliminary investigation is
required to be conducted before the filing of a complaint or information for
an offense where the penalty prescribed by law is at least four (4) years,
two (2) months and one (1) day without regard to the fine.
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a waiver of the
provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his
counsel. Notwithstanding the waiver, he may apply for bail and the investigation must
be terminated within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary
investigation, the accused may, within five (5) days from the time he learns of its filing,
ask for a preliminary investigation with the same right to adduce evidence in his defense
as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
Page 4 of 6
Atty. LBG
Sections 4102 and 4103
WHAT IS THE NATURE AND EFFECTS OF A PRELIMINARY INVESTIGATION?
1. It is merely inquisitorial
2. Only means of discovering whether the offense has been committed
and the persons responsible for it
3. To enable the fiscal to prepare his complaint and information
4. Not a trial on the merits
5. Determine whether there is probable cause to believe that an offense has
been committed and the accused is probably guilty of it.
6. Doesn't place the accused in double jeopardy.
7. Doesn't affect the jurisdiction of the court—only the regularity of the
proceedings.
8. Accused cannot assert lack of preliminary investigation. Court cannot
dismiss the case based on this ground—it should conduct the investigation or
order the fiscal or lower court to do it
9. Preliminary investigation may be waived. (form)
10. Accused should invoke right to PI before (arraignment) plea, otherwise it
is deemed waived.
11. Accused doesn't have full gamut of rights yet. He doesn’t have right to
counsel unless a confession is being obtained from him.
12. There is also no right to confront witnesses against him.
WHEN IS IT REQUIRED?
> Before a complaint or information is filed, preliminary investigation is
required for all offenses punishable by imprisonment of at least 4 years, 2
months and 1 day, regardless of the fine, except if the accused was arrested by
virtue of a lawful arrest without warrant.
4
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of; twelve (12) hours, for crimes
or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes
> In case of lawful arrest without warrant: the complaint or information may
be filed without a preliminary investigation unless the accused asks for a
preliminary investigation and waives his rights under Article 125 of the RPC.4
> Whether or not there is a need for PI depends upon the imposable penalty for the
crime charged in the complaint filed with the city or provincial prosecutor’s office
and not upon the imposable penalty for the crime fund to have been
committed by the respondent after a preliminary investigation
Is a P.I. a judicial proceeding?
> Yes it is a judicial proceeding where the prosecutor or investigating
officer acts a quasi-judicial officer.
> Parties are given the opportunity to be heard and to produce evidence
which shall be weighed and upon which a decision shall be rendered
> Since it is a judicial proceeding, the requirement of due process in judicial
proceedings is also required in preliminary investigations.
WHO MAY CONDUCT PRELIMINARY INVESTIGATIONS? PNC-OP
1. Provincial or city prosecutors and their assistants
2. National and Regional State prosecutors
3. COMELEC with respect to election offenses
4. Ombudsman with respect to Sandiganbayan offenses and other offenses
committed by public officers
5. PCGG with respect to ill-gotten wealth
Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions.
or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours,
for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention and shall
be allowed upon his request, to communicate and confer at any time with his attorney or
counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
Page 5 of 6
Atty. LBG
Sections 4102 and 4103

Manner of Making Allegations: Every pleading shall contain:

CAN RTC JUDGES CONDUCT PRELIMINARY INVESTIGATIONS?
> No, but this should not be confused with the authority of the RTC to conduct an a. Methodical
examination for the purpose of determining probable cause when issuing a b. Logical form
warrant of arrest c. Plain
d. Concise
WHAT IS THE SCOPE OF PRELIMINARY INVESTIGATION? e. Direct Statement
> Preliminary investigation is merely inquisitorial and it is often the
of the ultimate facts on which the party pleading relies for his claim or defense,
only means of discovering whether the offense has been committed and
omitting statements of evidentiary facts.
the persons responsible for it to enable the fiscal
to prepare his complaint or information EFFECT OF FAILURE TO PLEAD:
> It is not a trial on the merits and has no purpose BUT to
determine whether there is probable cause to believe that an General Rule: The failure to plead a defense or an objection in an answer or a
offense has been committed and that the accused is probably motion to dismiss shall be a waiver of such defense or objection.6 (Omnibus
guilty of it Motion Rule) Exception: (No waiver of the objection or defense, if it is based on
> It doesn't place the accused in double jeopardy5 the following grounds:

1. Lack of Jurisdiction Over the Subject Matter

2. Litis Pendencia7
PLEADINGS Pleadings defined. — Pleadings are the written statements of the
3. Res Judicata8
respective claims and defenses of the parties submitted to the court for
4. Prescription of Action.
appropriate judgment. (1a)
The above may be raised at any stage of the proceedings

5 identity of rights asserted and relief prayed for, the relief being founded on the same facts, and
The prosecution of a person twice for the same offense.
6 Section 8. Omnibus motion, Rule 15 (Omnibus Motion Rule). — Subject to the provisions of section (c) the identity of the two cases such that judgment in one, regardless of which party is
1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections successful, would amount to res judicata in the other. (Republic vs. Carmel Development, Inc
then available, and all objections not so included shall be deemed waived G. R. No. 142572. February 20, 2002).

 7 Litis pendentia, as a ground for the dismissal of a civil action, refers to a situation where
two actions are pending between the same parties for the same cause of action, so that one of
them becomes unnecessary and vexatious. It is based on the policy against multiplicity of suits
and authorizes a court to dismiss a case motu proprio. (Subic Telecommunications Company,
Inc. vs. Subic Bay Metropolitan Authority, G.R. No. 185159, October 12, 2009). The
requisites in order that an action may be dismissed on the ground of litis pendentia are: (a) the
identity of parties, or at least such as representing the same interest in both actions; (b) the
8
Res judicata is a Latin term meaning "a thing decided". It is a common law doctrine meant
to prevent relitigation of cases between the same parties regarding the same issues and
preserve the binding nature of the court's decision. Once a final judgment has been reached in
a lawsuit, subsequent judges who are presented with a suit that is identical to or substantially
the same as the earlier one will apply the doctrine of res judicata to uphold the effect of the
first judgment.

Page 6 of 6
Atty. LBG
Sections 4102 and 4103

Page 7 of 6