CRIMINAL PROCEDURE – has been defined as the Requisites:
rules of law governing the procedure by which crimes
are investigated, prosecuted, adjudicated and 1. The offense is one which the court by law is
authorized to take cognizance of.
punished.
2. The offense must have been committed within its
CRIMINAL PROCEDURE VS. CRIMINAL LAW: territorial jurisdiction.
3. The person charged with an offense must have
1. Remedial in nature 1. Substantive in nature been brought in to its forum for trial, forcibly by
2. Provides for the 2. Defines crimes, treats
warrant of arrest or upon his voluntary
manner by which of their nature and
crime are provides for their submission to the court.
investigated, punishment. 4. The court must have acquired jurisdiction over the
prosecuted, issues of the case.
adjudicated and
punished.
How to acquire jurisdiction of the accused:
NOTE: Obtained by his lawful arrest or voluntary submission
to the jurisdiction of the court.
When a statute is both REMEDIAL and PENAL in
nature, it should be considered as PENAL when it is
How to acquire jurisdiction over the offense charged:
sought to enforce the penalty.
It is REMEDIAL when it is sought to enforce REMEDY. Requisite:
Goal of Criminal Procedure and Law: Criminal Jurisdiction requisite no. 1 and 2.
Is not to put people to the gaol but to do justice. NOTE:
The Prosecutor must convict the accused and prove Jurisdiction over the offense charged in the complaint
that the accused is guilty beyond reasonable doubt. or information is conferred by a statute or law.
Because the conviction of the accused is based on the
strength of the prosecution.
What constitutes voluntary submission to the
When the evidence for the prosecution is not enough
jurisdiction of the court:
to sustain a conviction, IT MUST BE REJECTED AND
THE ACCUSED MUST BE RELEASED AND ABSOLVED. When the accused UNLAWFULLY ARRESTED but he
entered a plea on arraignment without invoking his
right to question any irregularity which might have
DUE PROCESS IN CRIMINAL PROCEEDINGS: accompanied his arrest.
1. That the court or tribunal trying the case must The one who seeks affirmative relief from court by
have been properly clothed with judicial power to filling pleadings and motions is deemed to have
hear and determine matters before it. submitted to the jurisdiction of court.
2. That jurisdiction is lawfully acquired by it over the
Exceptions:
person of the accused.
3. That the accused is given an opportunity to be In case of pleadings or motions which seeks an
heared. affirmative avoidance in the court
4. That judgement is only rendered only upon lawful
hearing. 1. In civil cases, motion to dismiss on the ground of
lack of jurisdiction over the persons of defendant.
CRIMINAL JURISDICTION – is the power and authority 2. In criminal cases, motion to quash a complain on
to hear and try a particular offense and impose a the ground of lack of jurisdiction.
punishment. 3. Motion to quash warrant of arrest.
Jurisdiction over the person vs. Custody of the law How to determine jurisdiction:
Is acquired upon his Is required before the The jurisdiction of the court is defined by the
arrest or voluntary court can act upon the Constitution or by statute. Hence, it is an elementary
apperance application for bail, but rule that the jurisdiction of a court is determined by
is not required for the the allegations in the information or complaint filed.
adjudication of other
reliefs sought by the Extend of the exercise of jurisdiction:
accused.
Is accomplished either 1. Acquit the accuse and release him form detention.
by arrest or voluntary
surrender. 2. Convict the accused and sentence him according.
It is literally custody over
the body of the accused. 3.Dismiss the case for any grounds provided by the
It includes but not law.
limited to detention.
TERRITORIAL JURISDICTION- in criminal cases is the Court’s retention of jurisdiction:
territory where the court has jurisdiction to take
GN: The settled doctrine is that once a court has
cognizance or to try the offense allegedly committed
assumed jurisdiction over a case, its jurisdiction shall
therein by the accused.
continue until the case is finished and it may nnot be
The venue in criminal cases is jurisdictional, being an ousted from its jurisdiction by a co equal or
essential element of jurisdiction. coordinate court.
The jurisdiction of the court over the criminal case is Corollary, once a complaint or information is filled in
determined by the allegations in the complaint or court, any disposition of the case such dismissal or its
information. continuation rest on the sound discretion of the
court.
Exceptions to the territorial jurisdiction:
Effect of lack of jurisdiction:
A: Offenses committed outside the territory of the
Philippines Article 2 of RPC A judgement rendered by a court without jurisdiction
is null and void and may be validly be attacked
1. Offenses committed on a Philippine ship or airship. anytime.
2. Forging or counterfeiting any coin or currency note Jurisdiction by estoppel:
of the Philippines or obligations and securities issued
by the Government of the Philippines. GN: Jurisdiction is determined by law.
3. Acts connected with the introduction into the Exception:
Philippines of such obligations or securities.
Estoppel- it prevents the party from questioning the
4. Offenses committed by public officers or jurisdiction of the a court to seek affirmative relief
employees in the exercise of their functions. against the opponent after obtaining or failing to
obtain such relief, repudiate or question the same
5. Crimes committed against national security and jurisdiction.
law of nations defined in Art. 2 of RPC.
Concurrent criminal jurisdiction of the court:
B: Offenses committed within the the Philippine
territory but was expressly allowed by law to be Courts of equal ranks are vested with concurrent
instituted in the place other than their place of jurisdiction over the ff. offenses:
commission.
1. Felonies stated in Article 2 of the RPC
1. Criminal offenses of Libel, which may be instituted
2. Continuing crimes committed in different judicial
in the place where any of the offended party actually
regions
resides at the time of the commission of the offense.
(Article 360) 3. Offenses wherein any of their essential ingredients
occurred in different municipalities or territory.
2.A criminal action against illegal recruitment as
defined under Article 8040. (RTC)
4. Offenses committed in train, aircraft, or other E. All cases in which only an error or question
public or private vehicle in the course of its trip. of law is involved.
5. Offenses committed on board a vessel in the 4. To change the venue of the trial to avoid
course of its voyage. miscarriage of justice.
6. Libel and written defamation. 5. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all court, the admission to
JURISDICTION OF THE COURTS IN CRIMINAL CASES the practice of law and the IBP and legal assistance to
the underprivileged.
Supreme Court:
1. Exercise original jurisdiction over the cases
affecting ambassadors,othe ministers and consuls.
2. Exercise original jurisdiction over petitions for
certiorari, prohibitions, mandamus, quo warranto
and habeas corpus.
Certiorari- a type of writ by which re-
examines actions of the trial court or inferior
court.
Prohibition- order from a superior court to a
lower court or tribunal directing the judge
and the parties to cease litigation because
the lower court does not have proper
jurisdiction to hear and determine matters.
Mandamus- a judicial remedy in the form of
an order from a court to any government or
court to do a specific act which is in the
nature of public duty.
Habeas corpus- a writ requiring a person
under arrest to be brought before a judge or
into the court.
Quo warranto- a writ or legal action requiring
a person to show by what warrant an office
or franchise is held, claimed or exercised.
3. Revise, review, reverse, modify or affirm on
appeal or certiorari, as a rule of law or Rules of Court
may provide, final judgements and orders of the
lower courts in:
A. All cases in which the constitutionality or
validity of any treaty, international and
executive agreement, law, presidential
degree, proclamation order, instruction,
ordinances or regulation is in question.
B. All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
C. All cases in which the jurisdiction of any
lower court is in issue.
D. All criminal case in which the penalty
imposed is reclusion Perpetua or higher.
