Professional Documents
Culture Documents
Crim Pro Reviewer
Crim Pro Reviewer
- Authority of court to hear and determine a particular CRIMINAL JURISDICTION OF TRIAL COURTS
criminal case
A. MetroTC, MCTC, MuniTC
- Law that confers jurisdiction not rules of procedure
1. Violations of city or municipal ordinances within
Determination of jurisdiction over the subject matter respective territorial jurisdiction
2. Not exceeding 6 years
- Through allegations in complaint or information 3. Exception in cases falling within exclusive jurisdiction
- Through imposable penalty of the RTC and SB
- Through statute imposable during the commencement 4. Damage to property through criminal negligence
of the criminal action 5. B.P. 22
6. Special jurisdiction on application for bail in the
Principle of adherence of continuing jurisdiction absence of all RTC judges
7. Certain summary procedures
- Jurisdiction continues until the court has done all that
- MuniTC – offenses less than 4 years 2months 1 day
it can do in the exercise of that jurisdiction
Exception:
B. RTC
a. There is an express provision in the statute
1. All criminal cases not under sb or mtc
b. Statute is clearly intended to apply to actions
2. Issuance of writs and quo warranto
pending before its enactment
3. Appellate jurisdiction over MTC decisions
Jurisdiction over the territory 4. Special jurisdiction determined by SC
5. Under specific laws:
- Where the crime was committed a. Written defamation
- Determines venue of action b. Violation of CDDA (ra 9165)
c. Violation of intellectual property right
Rule of place for the venue of criminal case d. Money laundering except under SB
- Offenses punishable with penalty of more than 6 years
- Where the offense was committed
- Where any of its essential ingredients occurred
C. Sandiganbayan (SB)
Jurisdiction over the person of the accused 1. Anti-Graft and Corrupt Practices act
2. Where one or more the accused are officials occupying
Acquired through: a. Regional director and higher, grade 27 and higher
b. Members of congress, grade 27 and higher
a. Arrest or apprehension, with or without warrant c. Members of judiciary
b. Voluntary appearance d. Chairmen and members of concomm
c. Submission to the jurisdiction of court e. National and local officials, grade 27 higher
3. R.A. 7975 Where one or more of the principal accused
Voluntary submission
are officials occupying positions enumerated
a. Accused appears for arraignment
If charged with private individuals, shall be tried in the proper
b. Filing pleadings seeking affirmative relief
courts which shall exercise EXCLUSIVE JURISDICTION over them
c. Filing a motion to quash
d. Other pleadings Offenses under SB
e. Enter into a counsel-assisted plea
f. Actively participates in trial a. R.A. 3019 anti-graft and corrupt practices
g. Present evidence for defense b. R.A. 1379 forfeiture unlawfully acquired by any P.O.
h. motion for determination of probable cause c. P.D. 1606 bribery in all its forms
exception: d. Crimes committed in relation to their office
a. special appearance to question jurisdiction of the e. Falsification of official document
court over the person of the accused f. E.O. 1,2,14, 14-A (Sequestration cases)
b. motion to quash the warrant of arrest
- special appearance is not tantamount to estoppel or
waiver of the objection
Officials and employees with salary grade 27 or higher Appellate jurisdiction of the Sandiganbayan
1. Officials of executive branch, regional director and up - in cases where none of the accused are occupying
2. Members of congress or officials positions corresponding to salary grade 27 or higher,
3. National and local officials shall be vested with other courts
Officials under jurisdiction of SB regardless of salary grade Authority to issue writs and other processes
a. Provincial governors
b. Vice governors
c. Members of sangguniang panlalawigan PROSECUTION OF OFFENSES
d. Members of sangguniang panlunsod
I. INSTITUTION OF CRIMINAL ACTIONS
e. Directors or managers of gocc
f. City mayor Purpose of Criminal action
g. Vice mayor
h. City treasurers - Determine penal liability of accused and punish him
i. Assessors
j. Engineers role of private offended party
k. Trustees of state universities
- In cases where offended party is the state, private
A student regent of a state university is a public officer offended party is limited to civil liability
Offenses committed in relation to the office How criminal actions are instituted
- Murder by City Mayor No direct filing with Metropolitan Trial Court of Manila
- Ordered arrest and maltreatment of victim
- Includes other chartered cities because of special rule
Exception Case: Lacson vs executive secretary
Institution of criminal actions interrupts prescriptive period
- Alleged murder in relation to their official duties as
police officer - Even if the court is without jurisdiction
- No specific factual allegation
Rule on prescription for violations of municipal ordinances
- Not fall under committed in relation to office
1. When judicial proceedings are instituted
Private persons on SB
2. Filing of complaint for purpose of P.I.
- In cases of conspiracy with public officers
- Will still prosper even if public officer dies
Plunder law
Forfeiture cases
II. PROSECUTION OF THE CRIMINAL ACTION - Death of offended party, if already instituted a
complaint, shall prosper
Who must prosecute the criminal action; who controls - May not be instituted if offended party consented or
has already pardoned the offenders
- Under direction and control of public prosecutor
- Even if there is a private prosecutor Seduction, Abduction, Acts of lasciviousness
- Criminal offense is an outrage against state therefore
representative of the state shall direct and control Will be prosecuted only upon complaint filed by:
III. INTERVENTION OF THE OFFENDED PARTY IN THE - Witness for the prosecution
CRIMINAL ACTION
Information
Intervention of the offended party
- Accusation in writing charging a person with an offense
- Intervention for the sole purpose of enforcing civil subscribed by the prosecutor and filed with the court
liability - Not required to be sworn
- May not intervene in prosecution if: - Prosecutor is authorized to subscribe
a. Waives the civil action - Filed in the name of the people of the Philippines
b. Reserves the right to institute separately
Distinctions
c. Institutes prior to criminal action
a. Complaint is sworn, hence under oath. Information
IV. PROSECUTION OF PRIVATE CRIMES requires no oath
b. Complaint is subscribed by, offended party, any peace
Adultery and Concubinage
officer, public officer. Information subscribed by the
- Prosecuted upon a complaint of the offended spouse prosecutor.
- Must be instituted against both guilty parties unless of
them is no longer alive
Infirmity of signature in the information 5. Case is cognizable by the SB, court sits in Quezon city
6. Written defamation filed in:
- If signed and filed by one with no authority, dismissal a. province or city where offended party held office
of the information will not be a bar to subsequent at the time of the commission of the offense, if
prosecution public officer
- Jeopardy does not attach when accused pleads to b. province or city where he actually resided at the
defective indictment time of the commission of the offense, if private
individual
Sufficiency of complaint or information
7. where libel was printed and published
a. Name of accused or more accused
venue of selected offenses
b. Designation by the offense given by statute
c. Acts or omissions complained of as constituting the perjury
offense
d. Name of the offended party - shall be based on the acts alleged in the information to
e. Approximate date of the commission of the offense be constitutive of the crime committed:
f. Place where the offense was committed a. venue where sworn statement is submitted
b. venue where the oath was taken
Test for sufficiency of the complaint or information
illegal recruitment
1. Crime is described in intelligible terms, to enable the
accused to properly prepare for his defense - RTC of the province or city where the offense was
2. Must validly charge an offense, shall establish the committed
essential elements of the offense charged - Also where the offended party resides at the time of
the commission of the offense
Questioning the insufficiency of the complaint or information
BP 22
1. Objections must be before arraignment
a. Move for quashal of the information - Venue shall be the place where the check is:
b. Bill of particulars a. Drawn
c. If not, deemed waived his objections b. Issued
c. Delivered
How the nature of the offense is determined d. Dishonored
a. Where offense was committed Amendment before plea; no need for leave
b. Where any of its essential ingredients occurred
- Amendment in form or substance, no need for leave
Try offenses not committed within its territorial jurisdiction
Amendment before plea which needs leave of court
1. Crimes committed under article 2 of RPC
2. SC orders a change of venue to avoid miscarriage of needed if:
justice a. Downgrades the nature of the offense charged
3. Crime in train, aircraft, public or private vehcicle: b. Excludes any accused from the complaint or
a. Where offense was committed information
b. Where it passed during its trip
c. Place of departure or arrival
4. On board vessel, tried in court of first port entry
Principles
Traditional theory
Venue principle
a. duplicity
b. motion to quash the warrant of arrest
c. insufficiency of the complaint