Court must have jurisdiction over the following subject matter territory person of the accused jurisdiction over the PERSON OF THE ACCUSED Refers to the authority of the court to hear and determine a particular criminal case. Offense must have been committed within the court's territorial jurisdiction.
Court must have jurisdiction over the following subject matter territory person of the accused jurisdiction over the PERSON OF THE ACCUSED Refers to the authority of the court to hear and determine a particular criminal case. Offense must have been committed within the court's territorial jurisdiction.
Court must have jurisdiction over the following subject matter territory person of the accused jurisdiction over the PERSON OF THE ACCUSED Refers to the authority of the court to hear and determine a particular criminal case. Offense must have been committed within the court's territorial jurisdiction.
A. Requisites for the Exercise of Criminal Jurisdiction Requisites; Court must have JURISDICTION over the following Subject matter Territory Person of the accused Jurisdiction over the SUBJECT MATTER Refers to the authority of the court to hear and determine a particular criminal case. Jurisdiction over the PERSON OF THE ACCUSED Refers to the authority of the court, not over the subject matter of the criminal litigation, but over the person charged with the offense must have been brought in to its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. o NOTE: Gen. Rule, there is a deemed voluntary submission when the accused seek AFFIRMATIVE RELIEF, this is done by FILING a MOTION TO QUASH, APPEARING FOR ARRAIGNMENT, PARTICIPATING IN TRIAL or GIVING BAIL Jurisdiction over the TERRITORY; venue in criminal cases It is essential that the offense must have been committed within the courts territorial jurisdiction o NOTE: this fact is to be determined by the material allegation of the complaint or information as regards the place where the offense charged was committed For territorial jurisdiction to be acquired it is INDESPENSABLE that the offense have been committed or that any of its ESSENTIAL ingredients took place within the territorial jurisdiction o NOTE: Thus it cannot take jurisdiction over a person charged with an offense allegedly committed outside of that limited territory offense was committed somewhere else the court should dismiss the case for lack of jurisdiction When a court has jurisdiction to try offences not committed within its territorial jurisdiction Offense committed under Art. 2 of the RPC Under the Principles of JUS COGENS When the supreme court, pursuant to its constitutional powers orders a change or place of trial to avoid miscarriage of justice Where an offense is committed in the following; Train, aircraft, or other public or private vehicle In the course of the trip (Where it PASSED) NOTE: Criminal action need not be instituted in the actual place where the offense was committed. Vessel In the court of the first port of entry Where the vessel passed during the voyage Continuing crimes Libel Offended party is public official or private person, RTC of the locality where the libelous article is printed and first published. OP is private individual, RTC of the locality where he reside at the time of the commission of the offense OP is public officer whose office is in manila at the time of the commission of the offense, RTC Manila OP is public officer holding office outside manila, RTC of the locality where he held office at the time of the commission of the offense o NOTE: If OP filed the complaint with the RTC of the locality where the said libelous article was printed and first published Estafa Falsification RTC of the province or city where the document was notarized Perjury Other case
B. Criminal Jurisdiction Over the Subject Matter Jurisdiction over the subject matter Jurisdiction over the subject matter is the power to hear and determine cases of the general class to which the proceedings in question belongs How jurisdiction over the subject matter is conferred It is conferred by LAW, not the rules, the court or the will of the parties NOTE: In determining wither or not a case lies within or outside the jurisdiction of a court, reference to the applicable statute on the matter is INDESPENSABLE NOTE: Jurisdiction over the SUBJECT MATTER is DETERMINED by the MATERIAL ALLEGATIONS in the complaint In cases cognizable by the SANDIGANBAYAN, both the nature of the offense and the position occupied by the accused are conditions sine qua non before the Sandiganbayan can validly take cognizance of the case In COMPLEX CRIME, cognizable by the court having jurisdiction to impose the maximum and most serious penalty on the offense forming part of the complex crime Statute applicable to a criminal action The law in force at the time of the institution of the action and not during the arraignment of the accused Penalty imposed vs. Actual penalty The penalty imposed is considered and not the actual penalty Jurisdiction of the court is not determined by what may be meted out to the offender after trial, or even by the result of the evidence that would be presented at the trial, but by the extent of the penalty which the law imposes for the offense, on the basis of the facts alleged Principle of Adherence of Jurisdiction Once a court acquires jurisdiction over a controversy, it shall continue to exercise such jurisdiction until the subsequent legislation vesting jurisdiction over such proceedings in another tribunal NOTE: EXCEPTION, when a law has retroactive effect Objection and Dismissal for LACK of JURISDICTION Gen. Rule: and objection based on the ground that the court lacks jurisdiction over the Subject matter may be raised or considered motu proprio by the court at any stage of the proceedings or on appeal NOTE: SPECIAL APPEARANCE before the court to challenge the jurisdiction of the court over the person is not tantamount to estoppels or a waiver of the objection and is not a voluntary submission to the jurisdiction of the court NOTE: ESTOPPEL in questioning the jurisdiction of the court is only brought to bear when not to do so will subvert the ends of justice