Criminal Procedure

1st Sem AY 2021-2022

By
Pros. Hyacinth T. Jadraque
JURISDICTION

 Criminal jurisdiction defined:

 Criminal jurisdiction is the authority to hear and try a particular

offense and impose the punishment for it, if conviction results.

 Elements of jurisdiction:
 1. Penalty attached – the jurisdiction of the court in criminal
cases is determined by the penalty imposable, and not by the
penalty ultimately imposed.
Prepared by: Pros. Hyacinth T. Jadraque
 2. Nature of the offense charged;
 2.1. crimes committed by public officers fall within the jurisdiction of the
Sandiganbayan.

 3. Territorial jurisdiction over the place of crime of commission. –

the absence of any of these elements may be challenged by an
accused at any stage of the proceedings in the court below or on
appeal. Failing to comply with anyone of them, the resulting
judgment of conviction is null and void.

 Prepared by: Pros. Hyacinth T. Jadraque

Requisites of valid exercise:

 1. JURISDICTION OVER THE SUBJECT MATTER:

 -> The question of jurisdiction of the court over the case filed before it
is to be resolved on the basis of the law or statute providing for or
defining its jurisdiction.
 -> The jurisdiction of a court to try a criminal action is determined not
by the law in force at the time of the commission of the offense, but by
the law in force at the time of the institution of the action.
 -> Once vested, jurisdiction cannot be withdrawn or defeated by a
subsequent valid amendment of the information.

 Prepared by: Pros. Hyacinth T. Jadraque

 JURISDICTION IS DETERMINED BY THE ALLEGATIONS OF THE
COMPLAINT OR INFORMATION:

 The averments in the complaint or information identify the crime

charged and determine the court before which it must be tried.
To determine the jurisdiction of the court in a criminal case, the
complaint or information must be examined to ascertain if the
facts set out therein and the penalty prescribed by law fall within
the jurisdiction of the court, regardless of the court’s findings
after the trial.
 Prepared by: Pros. Hyacinth T. Jadraque
 2. JURISDICTION OVER THE TERRITORY WHERE OFFENSE WAS
COMMITTED:
 -> A criminal case should be instituted and tried in the place where
the offense was committed or any of its essential ingredients took
place.
 Exceptions:
 a. Change of venue by Supreme Court Order.
 b. When the law provides otherwise e.g. Sandiganbayan in Quezon
City has jurisdiction over crimes committed elsewhere.
 c. Continuing crimes committed during a voyage.
 d. Offenses committed under RA 9372 Human Security Act of 2007
 Prepared by: Pros. Hyacinth T. Jadraque
 3. JURISDICTION OVER THE PERSON OF THE ACCUSED.
 Jurisdiction over the person of the accused is acquired either by
his/her arrest or voluntary appearance in court. The voluntary
appearance of the accused is accomplished either by his:
1)pleadings to the merits (such as by filing a motion to quash or
other pleadings requiring the exercise of the court’s jurisdiction);
2) appearing for arraignment, entering trial or 3) by filing bail.
 On the matter of bail, since the same is intended to obtain the
provisional liberty of the accused, as a rule, the same cannot be
posted before the custody of the accused has been acquired by
the judicial authorities, either by his arrest or voluntary
surrender.
 Prepared by: Pros. Hyacinth T. Jadraque
Hierarchy of Courts

 1. Municipal Trial Court (MTC); Municipal Circuit Trial Court (MCTC); Municipal
Trial Court in Cities (MTCC) and Metropolitan Trial Court (MeTC)

 2. Regional Trial Court (RTC)

 3. Court of Appeals (CA)

 4. Supreme Court (SC)

Jurisdiction – in particular

 A. EXPANDED EXCLUSIVE ORIGINAL JURISDICTION OF MUNICIPAL TRIAL

COURTS.-Except in cases falling within the exclusive original jurisdiction of
the RTC and of the Sandiganbayan, MTC has jurisdiction on:
 1. Violations of city or municipal ordinances committed within their
respective territorial jurisdictions;
 2. All offenses punishable with imprisonment not exceeding six (6) years, (1)
irrespective of the amount of the fine, and (2) regardless of other
imposable accessory or other penalties, including the civil liability arising
from such offenses or predicated thereon, irrespective of kind, nature,
value or amount thereof.

 Prepared by: Pros. Hyacinth T. Jadraque

 2.1. A municipal trial court has jurisdiction over a case of simple seduction,
penalized under Article 338 of the Revised Penal Code, as amended, with
arresto mayor, regardless of the civil liability, such as support and
acknowledgment of the offspring that may be imposed under Article 345 of the
same Code.

 2.2. Imposable accessory penalties that should not be considered in

determining jurisdiction of MTCs refer to the accessory penalties
accompanying (1) prision correccional prescribed in Article 43; (2) arresto
menor prescribed in Article 44; and (3) confiscation and forfeiture of the
proceeds and instruments of the crime prescribed in Article 45 of the Revised
Penal Code.
 Prepared by: Pros. Hyacinth T. Jadraque
 2.3. Where the offense charged is within the exclusive competence of
the Municipal Trial Court by reason of the penalty (imprisonment,
etc), it shall have jurisdiction to try and decide the case, even if the
civil liability (such as actual, compensatory, etc.) claimed exceeds its
civil jurisdiction.

 Prepared by: Pros. Hyacinth T. Jadraque

 3. Offenses involving damage to property through criminal negligence, regardless
of the value of the property.
 4. Violations of BP 22
 5. Summary Procedure in certain cases
 6. Where the imposable penalty is destierro, the case fall within the exclusive
jurisdiction of the Municipal Trial Court, considering that in the hierarchy of
penalties under Art. 71 of the RPC, destierro follows arresto mayor which involves
imprisonment.
 7. In the absence of all Regional Trial Court Judges in a province or city, any
Metropolitan Trial Judge, Municipal Trial Judge, and Municipal Circuit Trial Judge
may hear and decide petitions for a writ of habeas corpus or applications for bail
in criminal cases in the province or city where the absent RTC judges sit.
Prepared by: Pros. Hyacinth T. Jadraque
B. JURISDICTION OF REGIONAL TRIAL COURTS

 1. Regular Cases
 1.1. Offenses committed by public officers and employees in
relation to their office, including those employed in government-
owned or controlled corporations, whether simple or complexed
with other crimes, where the penalty prescribed by law is
imprisonment exceeding six (6) years, or a fine exceeding
P4,000.00 when the offender’s position carries a salary scale
lower than grade 27.
 1.2. All other offenses where the imposable penalty prescribed by
law is imprisonment exceeding six (6) years, irrespective of the
fine, regardless of other imposable accessory or other penalties,
including the civil liability arising from such offense or predicated
thereon irrespective of kind, nature, value or amount thereof.
 Prepared by: Pros. Hyacinth T. Jadraque
 1.3 Original jurisdiction in the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction enforceable in any
part of their respective regions.
 1.4 Appellate jurisdiction over all cases decided by the MTC within its
territorial jurisdiction.
 2. Special Cases
 2.1. Libel is punishable by prision correccional in its minimum and
maximum periods or fine or both. Libel committed by public officers in
relation to their office is within the exclusive original jurisdiction of RTC.
This would normally under the exclusive jurisdiction of the MTCs. However,
by law this was expressly placed under the jurisdiction of the RTCs.
 2.2. Dangerous Drugs Cases – Sec. 90 Jurisdiction- the SC shall designate
special courts from among the existing RTCs in each judicial region to
exclusively try and hear cases involving of this Act.
 2.3. Violations of the Intellectual Property Code regardless of the
imposable penalty.
 Prepared by: Pros. Hyacinth T. Jadraque
C. Jurisdiction of Family Courts

 Family courts have original and exclusive jurisdiction over criminal

cases:
 1. Where an accused or victim is a minor at the time of the
commission of the offense;
 2. Against minors charged under the Dangerous Drugs Act of 2002
 3. Involving violations of RA 7610 (Anti-Child Abuse Act as amended
by RA 7658
 4. RA 9208 (Anti-Trafficking in Persons Act of 2003 as amended by RA 10364
 5. Involving domestic violence against women and children (RA 9262)
 6. Involving child pornography (RA 9775)
 Prepared by: Pros. Hyacinth T. Jadraque
D. Original and Exclusive Jurisdiction of the Sandiganbayan

 The Sandiganbayan has exclusive and original jurisdiction over cases

involving:
 1. Violations of the Anti-Graft and Corrupt Practices Act
 2. Violations of Chapter II, Sec. 2, Title VII, Book II of the Revised Penal
Code, 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:
 A. Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade “27 and
higher, specifically including:
 Prepared by: Pros. Hyacinth T. Jadraque
 a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers, assessors,
engineers, and other city department heads;
 b) City mayors, vice-mayors, members of the sangguniang
panlungsond, 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;
 Prepared by: Pros. Hyacinth T. Jadraque
 e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
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 government-owned
or controlled corporations, state universities or educational institutions
or foundations;
3) Members of Congress and officials thereof classified as Grade “27 and
higher;
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 4) Members of the judiciary, without prejudice to the provisions of
the Constitution;
 5) Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
 6) All other national and local officials classified as Grade ‘27 and
higher under the Compensation and Position Classification Act of
1989.

Prepared by: Pros. Hyacinth T. Jadraque

 3. Other offenses or felonies, whether simple or complexed with
other crimes, committed by the public officials and employees
mentioned in subsec. a of this Section in relation to their office.
 4. Civil and criminal cases filed pursuant to and in connection with EO
No. 1 (Creating the PCGG); 2 (Regarding the Funds, Moneys, Assets
and Properties Illegally Acquired or Misappropriated by Former Pres.
FEM); 14 (Defining the Jurisdiction Over Cases Involving the Ill-gotten
Wealth of Former Pres. FEM); 14-A (Amending EO No. 14), issued in
1986.
 5. Violation of Anti-Money Laundering Act
 Prepared by: Pros. Hyacinth T. Jadraque
E. Jurisprudence involving crimes committed by public
officials and employees:

 1. Meaning of crime committed- in relation to their office. The

offense need not be connected with official duties. It is enough that
it is in relation to office.
 As mayor, the accused Lecaroz ordered policemen to take over
the gasoline station of the complainant. It was held that the
police would not have obeyed his orders were he not the
mayor. (Lecaroz v. Sandiganbayan, G.R. No. L-56384, March
22, 1984, 128 SCRA 324.

Prepared by: Pros. Hyacinth T. Jadraque

 2. What should be alleged in the information? A public official and
employee commits a crime – in relation to their office if the offense was
intimately connected with the office of the offender and perpetuated while
he is in the performance of his official function. Mere allegation in the
Information that the offense was committed by the accused public officer
in relation to his office is not sufficient. What is controlling is the specific
factual allegations in the information that would indicate the close
intimacy between the discharge of the accused’s official duties and the
commission of the offense charged, in order to qualify the crime as having
been committed in relation to public office. Lacson v. Executive Secretary,
G.R. No. 128096, January 20, 1999, 301 SCRA 298; Soller, et al v.
Sandiganbayan, et al, G.R. No. 144261-62, May 9, 2001, 357 SCRA 685-686.
 Prepared by: Pros. Hyacinth T. Jadraque
“
I know my rights, I do it right.

”
THANK YOU!