CRIMINAL PROCEDURE I CLJ 7

CRIMINAL PROCEDURE is 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. CRIMINAL JURISDICTION is the authority to hear and try a particular
offense and impose the punishment for it.

What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through What are the elements of jurisdiction in criminal cases?
which the criminal case passes, commencing with the initial a) The nature of the offense and/or the penalty attached
investigation of a crime and concluding with the unconditional release thereto.
of the offender. It is a generic term used to describe the network of b) The fact that the offense has been committed within the
laws and rules which govern the procedural administration of criminal territorial jurisdiction of the court.
justice.

What are the requisites for a valid exercise of criminal

What are the three systems of criminal procedure? jurisdiction?
1) Inquisitorial – the detection and prosecution of offenders are a) Jurisdiction over the person.
not left to the initiative of private parties but to the officials b) Jurisdiction over the territory.
and agents of the law. Resort is made to secret inquiry to c) Jurisdiction over the subject matter.
discover the culprit, and violence and torture are often
employed to extract confessions. The judge is not limited to
the evidence brought before him but could proceed with his Which law determines the jurisdiction of the court – the law in
own inquiry which was not confrontative. force at the time of the commission of the offense or the one in
force as of the time when the action is filed?
2) Accusatorial – The accusation is exercised by every citizen Jurisdiction is determined by the law as of the time when the action is
or by a member of the group to which the injured party filed, not when the offense was committed. The exception to this rule is
belongs. As the action is a combat between the parties, the where jurisdiction is dependent on the nature of the position of the
supposed offender has the right to be confronted by his accused at the time of the commission of the offense. In this case,
accuser. The battle in the form of a public trial is judged by a jurisdiction is determined by the law in force at the time of the
magistrate who renders a verdict. The essence of the commission of the offense.
accusatorial system is the right to be presumed innocent. To
defeat this presumption, the prosecution must establish proof
of guilt beyond reasonable doubt (moral certainty). What is adherence of jurisdiction?
The principle of Adherence of Jurisdiction means that once jurisdiction
3) Mixed – This is a combination of the inquisitorial and is vested in the court, it is retained up to the end of the litigation. It
accusatorial systems. The examination of defendants and remains with the court until the case is finally terminated. The
other persons before the filing of the complaint or information exception to this is where a subsequent statute changing the
is inquisitorial jurisdiction of a court is given retroactive effect, it can divest a court of
jurisdiction over cases already pending before it before the effectivity of
The judicial set-up in the Philippines is accusatorial or adversary in the statute.
nature. It contemplates two contending parties before the court, which
hears them impartially and renders judgment only after trial. A was charged with an offense whose penalty was below 6 years. The
case was filed with the MTC. After trial, the MTC convicted him of an
offense with a higher penalty. A questioned the conviction, claiming
Distinguish between criminal law and criminal procedure. that the MTC had no jurisdiction over the offense since the penalty
Criminal law is substantive; it defines crimes, treats of their nature, and prescribed for it was higher than 6 years. Is A correct?
provides for their punishment. Criminal procedure, on the other hand, A is wrong. Jurisdiction over the subject matter is determined
is remedial or procedural; it provides for the method by which a person by the authority of the court to impose the penalty imposable
accused of a crime is arrested, tried and punished. Criminal law given the allegation in the information. It is not determined by
declares what acts are punishable, while criminal procedure provides the penalty that may be meted out to the offender after trial
how the act is to be punished. but to the extent of the penalty which the law imposes for the
crime charged in the complaint.

How are the rules of criminal procedure construed?

The rules of criminal procedure shall be liberally construed in favor of If during the proceedings, the court finds that it has no
the accused and strictly against the state to even the odds in favor of jurisdiction, how should it proceed?
the accused against whom the entire machinery of the state Where the court has no jurisdiction, lower courts should simply dismiss
is mobilized. the case. On the other hand, the Supreme Court and the Court of
Appeals may refer the case to the court of proper jurisdiction.

JURISDICTION (in general) is the power or authority given by the law

to a court or tribunal to hear and determine certain controversies. It is What is the jurisdiction of Municipal Trial Courts in criminal
the power of courts to hear and determine a controversy involving cases?
rights which are demandable and enforceable. 1. Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective
territorial jurisdiction.
Distinguish jurisdiction from venue. 2. Exclusive original jurisdiction over all offenses punishable
Venue is defined as the particular country or geographical area in with imprisonment not exceeding 6 years regardless
which a court with jurisdiction may hear and determine a case. It of the fine and other accessory penalties and civil liability
means the place of trial. On the other hand, jurisdiction is the power of 3. Offenses involving damage to property through criminal
the court to decide the case on the merits. Venue is thus procedural, negligence
while jurisdiction is substantive. In civil cases, venue may be waived or 4. Where the only penalty provided by law is a fine: exclusive
stipulated by the parties. On the other hand, jurisdiction is granted by original jurisdiction over offenses punishable with a fine
law or the Constitution and cannot be waived or stipulated. notexceeding P4,000
 CRIMINAL PROCEDURE I CLJ 7

5. Election offenses: Failure to register or failure to vote

6. Special Jurisdiction to hear and decide petitions for a writ Is the presence of the accused necessary in order for the court to
of habeas corpus or application for bail in the province or act on a motion?
city where the RTC judge is absent. It is not necessary for the court to first acquire jurisdiction over the
7. BP 22 (?) person of the accused to dismiss a case or grant other relief. The
outright dismissal of the case even before the court acquires
What is the jurisdiction of Regional Trial Courts in criminal jurisdiction over the person of the accused is allowed, except in
cases? applications for bail, in which case, the presence of the accused is
1. Exclusive original jurisdiction in all criminal cases not within mandatory
the exclusive jurisdiction of any court, tribunal, or body,
except those falling under the exclusive and concurrent ASPECTS OF JURISDICTION
jurisdiction of the Sandiganbayan. All criminal cases where 1. Jurisdiction over the subject matter.
the penalty is higher than 6 years, including government- 2. Jurisdiction over the parties.
related cases wherein the accused is not 3. Jurisdiction over the issues of the case.
one of those falling under the jurisdiction of 4. Jurisdiction over the res or the thing.
the Sandiganbayan.

2. Other laws which specifically lodge jurisdiction in the RTC: What is Jurisdiction over the Subject Matter?
a. Law on written defamation or libel. It is the power to hear and determine the general class to which the
b. Decree on Intellectual Property. proceedings in question belong and is conferred by the sovereign
c. Dangerous Drugs Cases except where the authority which organizes the court and defines its powers.
offenders are under 16 and there are Juvenile
and Domestic Relations Courts in the province. The court resolves the following basic questions when
complaint is filed in court.
3. Appellate jurisdiction over all cases decided by MTCs in their a) What is the subject matter of the complaint filed?
respective territorial jurisdiction. b) Does the court have jurisdiction on the subject matter
following applicable laws conferring jurisdiction, i.e., BP
4. In areas where there are no family courts, the cases falling 129 as amended by RA 7691, Rules of Court?
under the jurisdiction of family courts shall be adjudicated by
the RTC.
How is Jurisdiction over the Parties acquired?
It is acquired by the party’s voluntary appearance to the court and their
What is the meaning of the term “regular courts”? submission to its authority or by the coercive power of legal process
Regular courts refer to civil courts as opposed to military courts or exerted over their persons.
courts martial. Military courts have no jurisdiction over civilians.
The court acquires jurisdiction over the plaintiff by filing the
complaint, by petition, or by other initiatory pleadings.
Which court has jurisdiction over a complex crime?
Jurisdiction over the whole complex crime is lodged with the trial court On the other hand, the court acquires jurisdiction on the
having jurisdiction to impose the maximum and more serious penalty defendant/respondent by proper service of summons or
on an offense forming part of the complex crime. voluntary appearance before the court through filing an
answer, motion, or other responsive pleadings.

What is territorial jurisdiction?

The requirement of territorial jurisdiction means that a criminal action How is Jurisdiction over the Issues of the Case inferred?
should be filed in the place where the crime was committed, except in Jurisdiction over the issues in Civil Law is conferred by the pleadings
those cases provided by Article 2 of the Revised Penal Code. or express consent of the parties. An issue tried but not duly pleaded
may be decided upon if no timely objection is made by the parties. In
certain cases, as in probate proceedings, jurisdiction over the issues is
How is jurisdiction over the person of the accused acquired? conferred by law.
Jurisdiction over the person of the accused is acquired upon his arrest
or upon his voluntary appearance or submission to the court.
How is Jurisdiction over the res (thing or property) acquired?
a) Seizure under legal process, whereby it is brought into actual
Can jurisdiction over the person of the accused be waived? custody of the law;
Yes, unlike jurisdiction over the offense, which is conferred by law or b) Institution of legal proceedings, in which the power of the
the Constitution, jurisdiction over the person of the accused maybe court is recognized and made effective.
waived.

For example, any objection to the procedure leading to the arrest must
be opportunely raised before the accused enters his plea, or it is PHILIPPINE COURT SYSTEM
deemed waived.
THE SUPREME COURT
X was charged in court with an offense. X filed a motion to quash on
the ground that the court had no jurisdiction over his person because
the arrest was illegal and because the information The Supreme Court has both original and appellate jurisdiction. It
was incomplete. Can X invoke lack of jurisdiction of the court over his exercises original jurisdiction (cases are directly filed with the SC in the
person? first instance without passing through any of the lower courts) over
No, X cannot invoke the lack of jurisdiction of the court. One cases affecting ambassadors, other public ministers and consuls, and
who desires to object to the jurisdiction of the court over his over petitions for certiorari, prohibition, mandamus, quo warranto, and
person must appear in court for that purpose only, and if he habeas corpus. (Art. VIII, §5(1)). It also has original jurisdiction over
raises other questions, he waives the objection. writs of amparo, habeas data and the environmental writ of kalikasan.
It exercises appellate jurisdiction to review, revise, reverse, modify, or
affirm final judgments, and orders of the lower courts in:
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a. All cases in which the constitutionality or validity of any 2. Exclusive original jurisdiction over actions for annulment
treaty, international or executive agreement, law, of judgements of Regional Trial Courts; and
presidential decree, proclamation, order, instruction, 3. Exclusive appellate jurisdiction over all final judgements,
ordinance, or regulation is in question. resolutions, orders or awards of Regional Trial Courts
b. All cases involving the legality of any tax, impost, and quasi-judicial agencies, instrumentalities, boards or
assessment, or toll, or any penalty imposed in relation commission.
thereto.
c. All cases in which the jurisdiction of any lower court is in
The Court of Appeals shall also have the power to try cases and
issue.
conduct hearings, receive evidence and perform acts necessary to
d. All criminal cases in which the penalty imposed is
resolve factual issues raised in cases falling within its original and
reclusion perpetua or higher.
appellate jurisdiction, including the power to grant and conduct new
e. All cases in which only an error or question of law is
trials or proceedings.
involved.

THE SANDIGANBAYAN
The Supreme Court has administrative supervision over all courts and
court personnel. (Article VIII, §6) It exercises this power through the
Office of the Court Administrator. Both the 1973 and 1987 Constitution contain provisions on the present
anti-graft court known as the Sandiganbayan. It has jurisdiction over
criminal and civil cases involving graft and corrupt practices and such
Composition of the Supreme Court
other offenses committed by public officers and employees, including
The Supreme Court shall be composed of a Chief Justice and fourteen
those in government-owned or controlled corporations, in relation to
Associate Justices. It may sit en banc or, in its discretion, in divisions of
their office as may be determined by law. The jurisdiction of the
three, five, or seven members. (Art. VIII, §4) Its members shall be
Sandiganbayan is perhaps one of the most often amended provision
appointed by the President from a list of at least three nominees
from the 1973 Constitution to Republic Act (R.A.) No. 8249. Before
prepared by the Judicial and Bar Council for every vacancy, without
R.A. No. 8249, jurisdiction of the Sandiganbayan was determined on
need of confirmation by the Commission on Appointments. (Art. VIII,
the basis of the penalty imposable on the offense charged. Thereafter,
§9) Members of the Supreme Court are required to have proven
it was amended such that regardless of the penalty, so long as the
competence, integrity, probity, and independence; they must be
offense charged was committed by a public officer, the Sandiganbayan
natural-born citizens of the Philippines, at least forty years old, with at
was vested with jurisdiction. Under R.A. No. 8249, to determine
least fifteen years of experience as a judge of a lower court or law
whether the Sandiganbayan has jurisdiction, a person must look into
practice in the country. (Art. VIII, §7) Justices shall hold office during
two (2) criteria, namely, the nature of the offense and the salary grade
good behavior until they reach the age of seventy years or become
of the public official.
incapacitated to discharge the duties of office. (Art. VIII, §11)

THE COURT OF TAX APPEALS

Rule-Making Powers
The Supreme Court has the exclusive power to promulgate rules
concerning the protection and enforcement of constitutional rights, The Court of Tax Appeals (CTA) was created on June 16, 1954,
pleading, practice, and procedure in all courts, the admission to the through the enactment of Republic Act No. 1125 (R.A. 1125). Its
practice of law, the integrated bar, and legal assistance to the jurisdiction and composition have been increased with passage of
underprivileged. Any such rules shall provide a simplified and several legislations. With the enactment of Republic Act (R.A.) No.
inexpensive procedure for the speedy disposition of cases, shall be 9282 on April 23, 2004, the CTA became an appellate Court, equal in
uniform for all courts of the same grade, and shall not diminish, rank to the Court of Appeals. The composition of the Court increased
increase, or modify substantive rights. Rules of procedure of special to six (6) Justices with one (1) Presiding Justice and five (5) Associate
courts and quasi-judicial bodies shall remain effective unless Justices.
disapproved by the Supreme Court. (Art. VIII, §54(5))
R.A. No. 9503 took effect on July 5, 2008, which further enlarged the
organizational structure of the CTA. The CTA is now composed of one
(1) Presiding Justice and eight (8) Associate Justices. The CTA may sit
THE COURT OF APPEALS en banc or in three (3) divisions with each division consisting of three
(3) Justices. A decision of a division of the CTA may be appealed to
the CTA En Banc, and the latter’s decision may further be appealed by
The Court of Appeals was established on February 1, 1936 by virtue of verified petition for certiorari to the Supreme Court.
Commonwealth Act No. 3 and is considered as the second highest
tribunal in the country. It is composed of one presiding justice and 68
associate justices, all of which are appointed by the President from a THE SECOND LEVEL COURTS
shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in Regional Trial Courts are also known as Second Level Courts, which
case of similar appointment dates) of their respective appointments. were established among the thirteen Judicial regions in the Philippines
The qualifications for the justices of the Supreme Court also apply to consisting of Regions I to XII and the National Capital Region (NCR).
members of the Court of Appeals. There are as many Regional Trial Courts in each region as the law
mandates. RTCs were formerly called as the Court of First Instance
The Court of Appeals’ principal mandate is to exercise appellate since the Spanish era. It was only in the Judiciary Reorganization Act
jurisdiction on all cases not falling within the original and exclusive of 1980 that its name was changed from being called the Court of First
jurisdiction of the Supreme Court. Its decisions are final except when Instance to Regional Trial Court.
appealed to the Supreme Court on questions of law. The jurisdiction of
the Court of Appeals are as follows: THE FIRST LEVEL COURTS

1. Original jurisdiction to issue writs of mandamus, Each city and municipality in the Philippines has its own trial court.
prohibition, certiorari, habeas corpus, and quo warranto, These First Level Courts are more commonly referred to as
and auxiliary writs or processes, whether or not in aid of Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities
its appellate jurisdiction; (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial
 CRIMINAL PROCEDURE I CLJ 7

Courts (MCTC). The MeTCs are the first level courts in the
Metropolitan Manila area. First level courts in cities outside
Metropolitan Manila are referred to as the MTCCs. The MTCs are first
level courts that cover only one municipality, whereas MCTCs cover
multiple municipalities.