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CRIMINAL PROCEDURE JURISDICTION OVER THE OFFENSE / JURISDICTION


OVER THE PERSON OF THE ACCUSED
PRELIMINARY CONSIDERATIONS
- in order that a court may have jurisdiction
CRIMINAL JURISDICTION to try the case, whether in its exclusive or
original jurisdiction, it must have
- the power of the State to try and punish a jurisdiction over the offense and jurisdiction
person for a violation of its penal laws over the person of the accused
- based upon and flows from State's - jurisdiction over the offense is conferred by
sovereignty law
- range of jurisdiction is subject only to - jurisdiction over the person of the accused
restrictions thereon which the State have is acquired either by his arrest or his
adopted as a matter of policy, by voluntary appearance in court
international arrangements, or in deference
to the accepted principles of international VOLUNTARY APPEARANCE OF THE ACCUSED
law on the inter-state level
- the court acquires jurisdiction over his
CONCURRENT JURISDICTION person
- accomplished by his pleading to the merits
- there are still cases in the prosecution of (filing a motion to quash, appearing for
which civil courts of equal ranks are vested arraignment, or entering trial)
with concurrent original jurisdiction - accomplished by filing bail
- if Motion to Quash was precisely and
(1) felonies stated in Article 2 RPC exclusively to challenge the jurisdiction of
(2) continuing crimes committed in the court over the person of the accused,
different judicial regions he should not be deemed to have
(3) offenses wherein any of the essential submitted himself to its jurisdiction
elements were committed in different - the rule on voluntary appearance is
territorial jurisdictions premised on the assumption that the
(4) offenses committed aboard a train, accused is within Philippine territory
vehicle, aircraft, or vessel under the - in anti-graft cases, the voluntary
circumstances contemplated in Sec 15, appearance of the accused through counsel
Rule 110 at the pre-suspension hearing is a
(5) libel and written defamation submission to the court's jurisdiction, hence
the court acquires jurisdiction over the
- the Supreme Court has the power to define person of the accused although no warrant
the territorial area of the branch concerned of arrest has been issued
for purposes of determining the venue
- the Supreme Court has the power to TERRITORIAL JURISDICTION
transfer the venue of a criminal action to
any competent court, even of a different - determined by the allegations in the
judicial region complaint or information as to the situs of
- the Supreme Court and the RTC have the crime
concurrent original jurisdiction in cases - this determines in the first instance
affecting ambassadors, public ministers, whether the court has jurisdiction to try the
and consuls case
- where different courts have concurrent
jurisdiction over the case, the court in INSTITUTION OF THE CRIMINAL ACTION
which the action was first filed acquires
jurisdiction thereover to the exclusion of - the law in force at the time of the
the other courts, provided it has custody of institution of the criminal action determines
the accused or has first acquired jurisdiction the jurisdiction of the court
over his person - such jurisdiction once vested cannot be
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withdrawn or defeated by a subsequent complaint when he duly enters a plea or


valid amendment of the information or a one is entered for him at his arraignment
subsequent statute amendatory of the rules - where the accused in a criminal action fails
of jurisdiction to join issue with the averment in the
indictment for lack of a valid plea thereto
TRIAL because he was not duly arraigned, any
disposition of the court on the merits of the
- in criminal cases, the jurisdiction of the case would be a nullity and cannot
court is not determined by what may be constitute a basis for a subsequent claim of
meted out after the trial but by the extent double jeopardy by him
of the penalty which the law imposes for
the offense and jointly decided on THE JUDICIARY ACT
- what is determinative is not the penalty
ultimately imposed but the penalty EXCLUSIVE APPELLATE JURISDICTION OF THE
imposable under the law for the offense SUPREME COURT
- the jurisdiction of a court in criminal cases is
determined by the allegations of the - The Supreme Court shall have exclusive
complaint or information and not by the jurisdiction to review, revise, reverse,
results of proof or the trial court's modify or affirm on appeal, final judgments
appreciation of the affidavits or exhibits and decrees of inferior courts:
attached to the record of the case but
whereon no hearings had yet been (1) in all criminal cases involving offenses
conducted for which the penalty imposed is death
- proceedings conducted therein are valid or life imprisonment
even if it subsequently dismissed the case (2) those involving other offenses which,
upon proof that the offense was committed although not so punished, arose out of
outside its territorial jurisdiction the same occurrence or which may
- in prescription of offenses, the prescriptive have been committed by the accused
period is suspended during the pendency on the same occasion, as that giving
and until the dismissal of the offense rise to the more serious offense,
regardless of whether the accused are
FAMILY COURTS charged as principals, accomplices, or
accessories, or whether they have been
- has exclusive and original jurisdiction over tried jointly or separately

(1) criminal cases where one or more of - the purpose of (2) is to avoid possible
the accused is below 18 but not less conflict between its judgment and that of
than 9 years of age, or when one of the the Court of Appeals should the conviction
victims is a minor at the time of the for the lesser offense be taken to the latter
commission of the offense court
(2) cases against minors cognizable under
the Dangerous Drugs Act THE SANDIGANBAYAN AND THE OMBUDSMAN
(3) violations of R.A. 7610 (Special
Protection of Children Against Child - The COMELEC and the RTCs and not the
Abuse, Exploitation and Discrimination Ombudsman and the Sandiganbayan have
Act), as amended by R.A. 7658 exclusive jurisdiction to investigate,
(4) criminal cases of domestic violence prosecute, and try election offenses
against women and children committed by public officers in relation to
JOINDER OF ISSUES their office
- The present anti-graft court known as the
- joinder of issues in a criminal action takes Sandiganbayan shall continue to function
place when the accused joins issue with the and exercise its jurisdiction as now or
charge in the information or criminal hereafter may be provided by law
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- All cases, whether civil or criminal, filed by (e) officers of the PNP while
the PCGG under EO Nos. 1 and 2 shall be occupying the position of
within the exclusive and original jurisdiction provincial director and those
of the Sandiganbayan holding the rank of senor
- A special court, of the same level as the superintendent or higher
Court of Appeals and possessing all the (f) city and provincial prosecutors
inherent powers of a court of justice, to be and their assistants, and
known as the Sandiganbayan is hereby officials and prosecutors in the
created composed of a presiding justice and Office of the Ombudsman and
fourteen associate justices who shall be Special Prosecutor
appointed by the President (g) Presidents, directors or
trustees or managers of
JURISDICTION GOCCs, state universities or
educational institutions or
- The Sandiganbayan shall exercise exclusive foundations
original jurisdiction in all cases involving:
(2) members of congress and officials
(a) violations of RA 3019, as amended thereof classified as Grade “27”
(Anti-Graft and Corrupt Practices Act), and up under the Compensation
RA 1379, and Chapter II, Title VII, Book and Position Classification Act of
II of the RPC, where one or more of the 1989
accused are officials occupying the (3) members of the judiciary without
following positions in the Government, prejudice to the provisions of the
whether in a permanent, acting or Constitution
interim capacity, at the time of the (4) chairmen and members of
commission of the offense: Constitutional Commissions,
without prejudice to the provisions
(1) officials of the executive branch of the Constitution
occupying the positions of regional (5) all other national and local officials
director and higher, otherwise classified as Grade “27” and higher
classified as Grade “27” and higher under the Compensation and
in RA 6758 (Compensation and Position Classification Act of 1989
Position Classification Act of 1989),
specifically including: (b) other offenses or felonies whether
simple or complexed with other crimes
(a) provincial governors, vice committed in relation to their office by
governors, members of the the public officials and employees
Sangguniang Panlalawigan, mentioned in Section 4a, PD 1606, as
and provincial treasurers, amended by RA 7975
assessors, engineers, and (c) civil and criminal cases pursuant to and
other provincial department in connection with E.O. Nos. 1, 2, 14
heads and 14-A issued in 1986
(b) city mayors, vice-mayors,
members of the Sangguniang - The Sandiganbayan shall exercise exclusive
Panlungsod, city treasurers, appellate jurisdiction over final judgments,
assessors, engineers, and resolutions, or orders of regional trial courts
other city department heads whether in the exercise of their own
(c) officials of the diplomatic original jurisdiction or of their appellate
service occupying the position jurisdiction as herein provided
of consul and higher - The Sandiganbayan shall have exclusive
(d) Philippine army and air force original jurisdiction over petitions for the
colonels, naval captains, and issuance of the writ of mandamus,
all officers of higher rank 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 procedure and with the same


subject to such limitations as it penalties provided therein;
may provide in its rules of (10) Delegate to the Deputies, or
procedure, to furnish it with its investigators or
copies of documents relating representatives such authority
to contracts or transactions or duty as shall ensure the
entered into by his office effective exercise or
involving the disbursement or performance of the powers,
use of public funds or functions, and duties herein or
properties, and report any hereinafter provided;
irregularity to the Commission (11) Investigate and initiate the
on Audit for appropriate proper action for the recovery
action; of ill-gotten and/or
(5) Request any government unexplained wealth amassed
agency for assistance and after February 25, 1986 and
information necessary in the the prosecution of the parties
discharge of its involved therein.
responsibilities, and to
examine, if necessary, The Ombudsman shall give priority
pertinent records and to complaints filed against high
documents; ranking government officials
(6) Publicize matters covered by and/or those occupying
its investigation of the matters supervisory positions, complaints
mentioned in paragraphs (1), involving grave offenses as well as
(2), (3) and (4) hereof, when complaints involving large sums of
circumstances so warrant and money and/or properties.
with due prudence: Provided,
That the Ombudsman under - For ill-gotten and/or unexplained wealth
its rules and regulations may amassed after February 25, 1986, it is the
determine what cases may not Ombudsman who has the power to both
be made public: Provided, investigate and initiate the proper action
further, That any publicity for the recovery of ill-gotten wealth and/or
issued by the Ombudsman unexplained wealth
shall be balanced, fair and - The Ombudsman is empowered to
true; investigate and prosecute any illegal act or
(7) Determine the causes of omission of any public official, that is, any
inefficiency, red tape, crime imputed to a public official
mismanagement, fraud, and - this authority of the Ombudsman is not an
corruption in the Government, exclusive authority but a shared or
and make recommendations concurrent authority in respect of the
for their elimination and the offense charged.
observance of high standards - The Ombudsman is clothed with authority
of ethics and efficiency; to conduct preliminary investigation and to
(8) Administer oaths, issue prosecute all criminal cases involving public
subpoena and subpoena duces officers and employees, not only those
tecum, and take testimony in within the jurisdiction of the
any investigation or inquiry, Sandiganbayan, but those within the
including the power to jurisdiction of the regular courts as well
examine and have access to - The prosecution of cases cognizable by the
bank accounts and records; Sandiganbayan shall be under the direct
(9) Punish for contempt in exclusive control and supervision of the
accordance with the Rules of Ombudsman
Court and under the same - There is concurrence of jurisdiction
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between the Office of the Ombudsman and not exceeding six (6) years irrespective of
other investigative agencies of the the amount of fine, and regardless of other
Government in the prosecution of cases imposable accessory or other penalties,
cognizable by the regular courts including the civil liabilities arising from
such offenses or predicated thereon,
THE JUDICIARY REORGANIZATION ACT OF 1980 irrespective of kind, nature, value or
amount thereof
REGIONAL TRIAL COURTS - exclusive original jurisdiction in offenses
involving damage to property through
- shall exercise exclusive original jurisdiction criminal negligence
in all criminal cases not within the exclusive - where the only penalty imposed by law is a
jurisdiction of any court, tribunal or body, fine, the amount thereof shall determine
except those now falling under the the jurisdiction of the court
exclusive jurisdiction of the Sandiganbayan - original exclusive jurisdiction over offenses
which shall hereafter be exclusively taken punishable with a fine not exceeding P4,000
cognizance of by the latter - the RTC shall have jurisdiction if the amount
- shall exercise appellate jurisdiction over all of the fine exceeds P4,000, including over
cases decided by the Metropolitan Trial offenses committed by public officers and
Courts, Municipal Courts and Municipal employees in relation to their office, where
Circuit Trial Courts in their respective the amount of the fine does not exceed
territorial jurisdictions P6,000
- have exclusive original jurisdiction over all - inferior courts have jurisdiction over the
offenses punishable with imprisonment crime of seduction, despite the civil
exceeding six (6) years, except cases under liabilities attendant thereto under Article
the original jurisdiction of the 345 of the RPC
Sandiganbayan and violations of city or
municipal ordinances PRELIMINARY INVESTIGATION

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

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