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CRIMINAL PROCEDURE
PRELIMINARY CONSIDERATIONS
CRIMINAL JURISDICTION
- the power of the State to try and punish a
person for a violation of its penal laws
- based upon and flows from State's
sovereignty
- range of jurisdiction is subject only to
restrictions thereon which the State have
adopted as a matter of policy, by
international arrangements, or in deference
to the accepted principles of international
law on the inter-state level
CONCURRENT JURISDICTION
- there are still cases in the prosecution of
which civil courts of equal ranks are vested
with concurrent original jurisdiction
(1) felonies stated in Article 2 RPC
(2) continuing crimes committed in
different judicial regions
(3) offenses wherein any of the essential
elements were committed in different
territorial jurisdictions
(4) offenses committed aboard a train,
vehicle, aircraft, or vessel under the
circumstances contemplated in Sec 15,
Rule 110
(5) libel and written defamation
- the Supreme Court has the power to define
the territorial area of the branch concerned
for purposes of determining the venue
- the Supreme Court has the power to
transfer the venue of a criminal action to
any competent court, even of a different
judicial region
- the Supreme Court and the RTC have
concurrent original jurisdiction in cases
affecting ambassadors, public ministers,
and consuls
- where different courts have concurrent
jurisdiction over the case, the court in
which the action was first filed acquires
jurisdiction thereover to the exclusion of
the other courts, provided it has custody of
the accused or has first acquired jurisdiction
over his person
JURISDICTION OVER THE OFFENSE / JURISDICTION
OVER THE PERSON OF THE ACCUSED
- in order that a court may have jurisdiction
to try the case, whether in its exclusive or
original jurisdiction, it must have
jurisdiction over the offense and jurisdiction
over the person of the accused
- jurisdiction over the offense is conferred by
law
- jurisdiction over the person of the accused
is acquired either by his arrest or his
voluntary appearance in court
VOLUNTARY APPEARANCE OF THE ACCUSED
- the court acquires jurisdiction over his
person
- accomplished by his pleading to the merits
(filing a motion to quash, appearing for
arraignment, or entering trial)
- accomplished by filing bail
- if Motion to Quash was precisely and
exclusively to challenge the jurisdiction of
the court over the person of the accused,
he should not be deemed to have
submitted himself to its jurisdiction
- the rule on voluntary appearance is
premised on the assumption that the
accused is within Philippine territory
- in anti-graft cases, the voluntary
appearance of the accused through counsel
at the pre-suspension hearing is a
submission to the court's jurisdiction, hence
the court acquires jurisdiction over the
person of the accused although no warrant
of arrest has been issued
TERRITORIAL JURISDICTION
- determined by the allegations in the
complaint or information as to the situs of
the crime
- this determines in the first instance
whether the court has jurisdiction to try the
case
INSTITUTION OF THE CRIMINAL ACTION
- the law in force at the time of the
institution of the criminal action determines
the jurisdiction of the court
- such jurisdiction once vested cannot be
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withdrawn or defeated by a subsequent
valid amendment of the information or a
subsequent statute amendatory of the rules
of jurisdiction
TRIAL
- in criminal cases, the jurisdiction of the
court is not determined by what may be
meted out after the trial but by the extent
of the penalty which the law imposes for
the offense and jointly decided on
- what is determinative is not the penalty
ultimately imposed but the penalty
imposable under the law for the offense
- the jurisdiction of a court in criminal cases is
determined by the allegations of the
complaint or information and not by the
results of proof or the trial court's
appreciation of the affidavits or exhibits
attached to the record of the case but
whereon no hearings had yet been
conducted
- proceedings conducted therein are valid
even if it subsequently dismissed the case
upon proof that the offense was committed
outside its territorial jurisdiction
- in prescription of offenses, the prescriptive
period is suspended during the pendency
and until the dismissal of the offense
FAMILY COURTS
- has exclusive and original jurisdiction over
(1) criminal cases where one or more of
the accused is below 18 but not less
than 9 years of age, or when one of the
victims is a minor at the time of the
commission of the offense
(2) cases against minors cognizable under
the Dangerous Drugs Act
(3) violations of R.A. 7610 (Special
Protection of Children Against Child
Abuse, Exploitation and Discrimination
Act), as amended by R.A. 7658
(4) criminal cases of domestic violence
against women and children
JOINDER OF ISSUES
- joinder of issues in a criminal action takes
place when the accused joins issue with the
charge in the information or criminal
complaint when he duly enters a plea or
one is entered for him at his arraignment
- where the accused in a criminal action fails
to join issue with the averment in the
indictment for lack of a valid plea thereto
because he was not duly arraigned, any
disposition of the court on the merits of the
case would be a nullity and cannot
constitute a basis for a subsequent claim of
double jeopardy by him
THE JUDICIARY ACT
EXCLUSIVE APPELLATE JURISDICTION OF THE
SUPREME COURT
- The Supreme Court shall have exclusive
jurisdiction to review, revise, reverse,
modify or affirm on appeal, final judgments
and decrees of inferior courts:
(1) in all criminal cases involving offenses
for which the penalty imposed is death
or life imprisonment
(2) those involving other offenses which,
although not so punished, arose out of
the same occurrence or which may
have been committed by the accused
on the same occasion, as that giving
rise to the more serious offense,
regardless of whether the accused are
charged as principals, accomplices, or
accessories, or whether they have been
tried jointly or separately
- the purpose of (2) is to avoid possible
conflict between its judgment and that of
the Court of Appeals should the conviction
for the lesser offense be taken to the latter
court
THE SANDIGANBAYAN AND THE OMBUDSMAN
- The COMELEC and the RTCs and not the
Ombudsman and the Sandiganbayan have
exclusive jurisdiction to investigate,
prosecute, and try election offenses
committed by public officers in relation to
their office
- The present anti-graft court known as the
Sandiganbayan shall continue to function
and exercise its jurisdiction as now or
hereafter may be provided by law
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- All cases, whether civil or criminal, filed by
the PCGG under EO Nos. 1 and 2 shall be
within the exclusive and original jurisdiction
of the Sandiganbayan
- A special court, of the same level as the
Court of Appeals and possessing all the
inherent powers of a court of justice, to be
known as the Sandiganbayan is hereby
created composed of a presiding justice and
fourteen associate justices who shall be
appointed by the President
JURISDICTION
- The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
(a) violations of RA 3019, as amended
(Anti-Graft and Corrupt Practices Act),
RA 1379, and Chapter II, Title VII, Book
II of the RPC, where one or more of the
accused are officials occupying the
following positions in the Government,
whether in a permanent, acting or
interim capacity, at the time of the
commission of the offense:
(1) officials of the executive branch
occupying the positions of regional
director and higher, otherwise
classified as Grade “27” and higher
in RA 6758 (Compensation and
Position Classification Act of 1989),
specifically including:
(a) provincial governors, vice
governors, members of the
Sangguniang Panlalawigan,
and provincial treasurers,
assessors, engineers, and
other provincial department
heads
(b) city mayors, vice-mayors,
members of the Sangguniang
Panlungsod, city treasurers,
assessors, engineers, and
other city department heads
(c) officials of the diplomatic
service occupying the position
of consul and higher
(d) Philippine army and air force
colonels, naval captains, and
all officers of higher rank
(e) officers of the PNP while
occupying the position of
provincial director and those
holding the rank of senor
superintendent or higher
(f) city and provincial prosecutors
and their assistants, and
officials and prosecutors in the
Office of the Ombudsman and
Special Prosecutor
(g) Presidents, directors or
trustees or managers of
GOCCs, state universities or
educational institutions or
foundations
(2) members of congress and officials
thereof classified as Grade “27”
and up under the Compensation
and Position Classification Act of
1989
(3) members of the judiciary without
prejudice to the provisions of the
Constitution
(4) chairmen and members of
Constitutional Commissions,
without prejudice to the provisions
of the Constitution
(5) all other national and local officials
classified as Grade “27” and higher
under the Compensation and
Position Classification Act of 1989
(b) other offenses or felonies whether
simple or complexed with other crimes
committed in relation to their office by
the public officials and employees
mentioned in Section 4a, PD 1606, as
amended by RA 7975
(c) civil and criminal cases pursuant to and
in connection with E.O. Nos. 1, 2, 14
and 14-A issued in 1986
- The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions, or orders of regional trial courts
whether in the exercise of their own
original jurisdiction or of their appellate
jurisdiction as herein provided
- The Sandiganbayan shall have exclusive
original jurisdiction over petitions for the
issuance of the writ of mandamus,
prohibition, certiorari, habeas corpus,
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injunctions, and other ancillary writs and when such act or omission
processes in aid of its appellate jurisdiction appears to be illegal, unjust,
and over petitions of similar nature, improper or inefficient. It has
including quo warranto arising or that may primary jurisdiction over cases
arise in cases filed or which may be filed cognizable by the
under E.O. Nos. 1, 2, 14 and 14-A issued in Sandiganbayan and, in the
1986, provided that the jurisdiction over exercise of his primary
these petitions shall not be exclusive of the jurisdiction, it may take over,
Supreme Court at any stage, from any
- In all cases elevated to the Sandiganbayan investigatory agency of
and from the Sandiganbayan to the Government, the investigation
Supreme Court, the Office of the of such cases;
Ombudsman, through its Special prosecutor (2) Direct, upon complaint or at
shall represent the People of the its own instance, any officer or
Philippines, except in cases filed pursuant to employee of the Government,
E.O. Nos. 1, 2, 14 and 14-A issued in 1986 or of any subdivision, agency
- In case private individuals are charged as or instrumentality thereof, as
co-principals, accomplices or accessories well as any
with the public officers or employees, government-owned or
including those employed in GOCCs, they controlled corporations with
shall be tried jointly with said public officers original charter, to perform
and employees in the proper courts which and expedite any act or duty
shall exercise exclusive jurisdiction over required by law, or to stop,
them prevent, and correct any
- Decisions and final orders of the abuse or impropriety in the
Sandiganbayan shall be appealable to the performance of duties;
Supreme Court by petition for review on (3) Direct the officer concerned to
certiorari raising pure questions of law in take appropriate action
accordance with Rule 45 of the Rules of against a public officer or
Court employee at fault or who
- In any case decided by the Sandiganbayan, neglect to perform an act or
whenever the penalty is reclusion perpetua, discharge a duty required by
life imprisonment or death is imposed, the law, and recommend his
decision shall be appealable to the Supreme removal, suspension,
Court in the manner prescribed in the Rules demotion, fine, censure, or
of Court prosecution, and ensure
- In case the imposed penalty by the compliance therewith; or
Sandiganbayan or the RTC in the proper enforce its disciplinary
exercise of their respective jurisdiction is authority as provided in
death, review by the Supreme Court shall Section 21 of this Act:
be automatic, whether or not the accused Provided, That the refusal by
files an appeal any officer without just cause
to comply with an order of the
THE OMBUDSMAN ACT OF 1989 Ombudsman to remove,
suspend, demote, fine,
- The Office of the Ombudsman shall have censure, or prosecute an
the following powers, functions and duties: officer or employee who is at
fault or who neglects to
(1) Investigate and prosecute on perform an act or discharge a
its own or on complaint by any duty required by law shall be a
person, any act or omission of ground for disciplinary action
any public officer or against said officer;
employee, office or agency, (4) Direct the officer concerned,
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in any appropriate case, and
subject to such limitations as it
may provide in its rules of
procedure, to furnish it with
copies of documents relating
to contracts or transactions
entered into by his office
involving the disbursement or
use of public funds or
properties, and report any
irregularity to the Commission
on Audit for appropriate
action;
(5) Request any government
agency for assistance and
information necessary in the
discharge of its
responsibilities, and to
examine, if necessary,
pertinent records and
documents;
(6) Publicize matters covered by
its investigation of the matters
mentioned in paragraphs (1),
(2), (3) and (4) hereof, when
circumstances so warrant and
with due prudence: Provided,
That the Ombudsman under
its rules and regulations may
determine what cases may not
be made public: Provided,
further, That any publicity
issued by the Ombudsman
shall be balanced, fair and
true;
(7) Determine the causes of
inefficiency, red tape,
mismanagement, fraud, and
corruption in the Government,
and make recommendations
for their elimination and the
observance of high standards
of ethics and efficiency;
(8) Administer oaths, issue
subpoena and subpoena duces
tecum, and take testimony in
any investigation or inquiry,
including the power to
examine and have access to
bank accounts and records;
(9) Punish for contempt in
accordance with the Rules of
Court and under the same
procedure and with the same
penalties provided therein;
(10) Delegate to the Deputies, or
its investigators or
representatives such authority
or duty as shall ensure the
effective exercise or
performance of the powers,
functions, and duties herein or
hereinafter provided;
(11) Investigate and initiate the
proper action for the recovery
of ill-gotten and/or
unexplained wealth amassed
after February 25, 1986 and
the prosecution of the parties
involved therein.
The Ombudsman shall give priority
to complaints filed against high
ranking government officials
and/or those occupying
supervisory positions, complaints
involving grave offenses as well as
complaints involving large sums of
money and/or properties.
- For ill-gotten and/or unexplained wealth
amassed after February 25, 1986, it is the
Ombudsman who has the power to both
investigate and initiate the proper action
for the recovery of ill-gotten wealth and/or
unexplained wealth
- The Ombudsman is empowered to
investigate and prosecute any illegal act or
omission of any public official, that is, any
crime imputed to a public official
- this authority of the Ombudsman is not an
exclusive authority but a shared or
concurrent authority in respect of the
offense charged.
- The Ombudsman is clothed with authority
to conduct preliminary investigation and to
prosecute all criminal cases involving public
officers and employees, not only those
within the jurisdiction of the
Sandiganbayan, but those within the
jurisdiction of the regular courts as well
- The prosecution of cases cognizable by the
Sandiganbayan shall be under the direct
exclusive control and supervision of the
Ombudsman
- There is concurrence of jurisdiction
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between the Office of the Ombudsman and
other investigative agencies of the
Government in the prosecution of cases
cognizable by the regular courts
THE JUDICIARY REORGANIZATION ACT OF 1980
REGIONAL TRIAL COURTS
- shall exercise exclusive original jurisdiction
in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body,
except those now falling under the
exclusive jurisdiction of the Sandiganbayan
which shall hereafter be exclusively taken
cognizance of by the latter
- shall exercise appellate jurisdiction over all
cases decided by the Metropolitan Trial
Courts, Municipal Courts and Municipal
Circuit Trial Courts in their respective
territorial jurisdictions
- have exclusive original jurisdiction over all
offenses punishable with imprisonment
exceeding six (6) years, except cases under
the original jurisdiction of the
Sandiganbayan and violations of city or
municipal ordinances
not exceeding six (6) years irrespective of
the amount of fine, and regardless of other
imposable accessory or other penalties,
including the civil liabilities arising from
such offenses or predicated thereon,
irrespective of kind, nature, value or
amount thereof
- exclusive original jurisdiction in offenses
involving damage to property through
criminal negligence
- where the only penalty imposed by law is a
fine, the amount thereof shall determine
the jurisdiction of the court
- original exclusive jurisdiction over offenses
punishable with a fine not exceeding P4,000
- the RTC shall have jurisdiction if the amount
of the fine exceeds P4,000, including over
offenses committed by public officers and
employees in relation to their office, where
the amount of the fine does not exceed
P6,000
- inferior courts have jurisdiction over the
crime of seduction, despite the civil
liabilities attendant thereto under Article
345 of the RPC
PRELIMINARY INVESTIGATION

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS
- shall exercise exclusive original jurisdiction
over all violations of city or municipal
ordinances within their respective territorial
jurisdiction
- exclusive original jurisdiction over all
offenses punishable with imprisonment of
- judges of Metropolitan Trial Courts, except
those in the NCR and in chartered cities, of
Municipal Trial Courts, and Municipal
Circuit Trial Courts, shall have authority to
conduct preliminary investigation of crimes
committed within their respective territorial
jurisdiction which are cognizable by the
RTCs

JURISDICTION IN CRIMINAL CASES

COURT ORIGINAL EXCLUSIVE APPELLATE

SUPREME COURT EXCLUSIVE CONCURRENT BY APPEAL BY PETITION FOR
REVIEW ON
-petitions for -With the Court of -From the RTCs in CERTIORARI
certiorari, Appeals: petitions for all criminal cases
prohibition, and certiorari, prohibition, involving -from the CA
mandamus against and mandamus against offenses for -from the
the Court of Appeals the RTCs which the Sandiganbayan
and the penalty is - from the RTCs
Sandiganbayan -With CA and RTC: reclusion where only an
petitions for certiorari, perpetua or life error or question
prohibition, and imprisonment, of law is involved
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mandamus against and those

lower courts involving other
offenses which,
-With Sandiganbayan: although not so
Petitions for punished, arose
mandamus, out of the same
prohibition, certiorari, occurrence or
habeas corpus, which may have
injunctions and been committed
ancillary writs in aid of by the accused
its appellate on the same
jurisdiction and over occasion
petitions of similar -Automatic
nature, including quo review in criminal
warranto arising or cases where the
that may arise in cases death penalty is
filed or which may be imposed
filed under E.O. Nos. 1,
2, 14 and 14-A

COURT OF APPEALS -actions for -with the SC: petitions -From the RTCs in -from the RTCs in
annulment of for certiorari, cases cases appealed
judgments of the prohibition, and commenced thereto from the
RTC mandamus against the therein, except lower courts and
RTCs those appealable not appealable to
to the SC or the the Sandiganbayan
-with the SC and the Sandiganbayan
RTCs: petitions for
certiorari, prohibition,
and mandamus against
lower courts
SANDIGANBAYAN -violations of RA -with the SC: Petitions -from the RTC in
3019, as amended for mandamus, cases under PD
(Anti-Graft and prohibition, certiorari, 1606, as
Corrupt Practices habeas corpus, amended by PD
Act), RA 1379, and injunctions and 1861, RA 7975
Chapter II, Title VII, ancillary writs in aid of and RA 8294,
Book II of the RPC, its appellate whether or not
where one or more jurisdiction and over the cases were
of the accused are petitions of similar decided by them
officials occupying nature, including quo in the exercise of
the following warranto arising or their original or
positions in the that may arise in cases appellate
Government, filed or which may be jurisdictions
whether in a filed under E.O. Nos. 1,
permanent, acting 2, 14 and 14-A
or interim capacity,
at the time of the
commission of the
offense
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(a)officials of the
executive branch
occupying the
positions of regional
director and higher,
otherwise classified
as Grade “27” and
higher in RA 6758
(Compensation and
Position
Classification Act of
1989), specifically
including:

(1)provincial
governors, vice
governors, members
of the sangguniang
panlalawigan, and
provincial
treasurers,
assessors,
engineers, and other
provincial
department heads

(2)city mayors,
vice-mayors,
members of the
sangguniang
panlungsod, city
treasurers,
assessors,
engineers, and other
city department
heads

(3)officials of the
diplomatic service
occupying the
position of consul
and higher

(4)Philippine army
and air force
colonels, naval
captains, and all
officers of higher
rank

(5)officers of the
PNP while occupying
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the position of
provincial director
and those holding
the rank of senor
superintendent or
higher

(6)city and
provincial
prosecutors and
their assistants, and
officials and
prosecutors in the
Office of the
Ombudsman and
Special Prosecutor

(7)Presidents,
directors or trustees
or managers of
GOCCs, state
universities or
educational
institutions or
foundations

(b)members of
congress and
officials thereof
classified as Grade
“27” and up under
the Compensation
and Position
Classification Act of
1989

(c )members of the
judiciary without
prejudice to the
provisions of the
Constitution

(d)chairmen and
members of
Constitutional
Commissions,
without prejudice to
the provisions of the
Constitution

(e )all other national

and local officials
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classified as Grade
“27” and higher
under the
Compensation and
Position
Classification Act of
1989

-other offenses or
felonies whether
simple or complexed
with other crimes
committed in
relation to their
office by the public
officials and
employees
mentioned in
Section 4a, PD 1606,
as amended by RA
7975

-civil and criminal

cases pursuant to
and in connection
with E.O. Nos. 1, 2,
14 and 14-A issued
in 1986

REGIONAL TRIAL -all criminal cases -all cases decided by lower courts in their
COURTS which are not within respective territorial jurisdictions
the exclusive
jurisdiction of any
court, tribunal or
body
FAMILY COURTS -criminal cases
where one or more
of the accused is
below 18 but not
less than 15 years of
age, or where one of
the victims is a
minor at the time of
the commission of
the offense

-cases against
minors, cognizable
under the
Comprehensive
Dangerous Drugs
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Act, as amended

-violations of R.A.
7610 (Special
Protection of
Children Against
Child Abuse,
Exploitation and
Discrimination Act),
as amended by R.A.
7658

-criminal cases of
domestic violence
against women and
children, as defined
in Sec 5k, RA 8369
METROPOLITAN, EXCLUSIVE SUMMARY
MUNICIPAL, AND ORIGINAL PROCEDURE
MUNICIPAL CIRCUIT
TRIAL COURTS -all violations of city -traffic violations
or municipal -violations of the
ordinances rental law
committed within -violations of city or
their respective municipal ordinances
territorial -violations of BP Blg.
jurisdictions 22 (Bouncing Checks
Law)
-all offenses -all other offenses
punishable with where the penalty
imprisonment of not does not exceed 6
more than 6 years months imprisonment
irrespective of the and/or P1,000 fine,
amount of fine, and irrespective of other
in all cases of penalties or civil
damage to property liabilities arising
through criminal therefrom, and in
negligence, offenses involving
regardless of other damage to property
penalties and the through criminal
civil liabilities arising negligence where the
therefrom imposable fine does
not exceed P10,000
-all offenses (except
violations of RA
3019, RA 1379 and
Arts. 210 to 212,
RPC) committed by
public officers and
employees in
relation to their
office, including
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those employed in
GOCCs, and by
private individuals
charged as
co-principals,
accomplices, or
accessories,
punishable with
imprisonment of not
more than 6 years
or where none of
the accused holds a
position classified as
Grade “27” and
higher