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Principle of Adherence of Jurisdiction or Continuing Jurisdiction (T)
Principle of Adherence of Jurisdiction or Continuing Jurisdiction (T)
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As a result of the above rule, once a complaint or information is filed in
court, any disposition of the case such as its dismissal or continuance rests
on the sound discretion of the court (Jalandoni v. Drilon, 327 SCRA 107;
Domondon v. Sandiganbayan, 328 SCRA 292) and even if the prosecution
files a motion to withdraw the information, the court may grant or deny the
same in the faithful exercise of judicial prerogative (Pilapil v. Garchitorena,
299 SCRA 343).
The Court has been steadfast in declaring that when a court has already
obtained and is exercising jurisdiction over a controversy, its jurisdiction to
proceed to the final determination of the case is not affected by new
legislation placing jurisdiction over such proceedings in another tribunal
unless the statute expressly provides, or is construed to the effect that it is
intended to operate on actions pending before its enactment (Palana v.
People, 534 SCRA 296, September 28, 2007).
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COMPLAINT, DEFINED. (T)
A sworn written statement, in the name of the People of the Philippines,
charging a person with an offense, subscribed by the offended party, any
peace officer or other public officer charged with the enforcement of the law
violated.
A complaint must
be sworn hence,
under oath.
INFORMATION, DEFINED.
An accusation in writing, charging a person with an offense,subscribed by
the prosecutor and filed with the court. Requires no Oath
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Jurisdiction
Power and authority of the courts to hear, try and decide a case. It is
also the power to enforce the determination, as the judgment or decree is
the end for which jurisdiction is exercised, and it is only through the
judgment and its execution that the power of the courts is made efficacious
and its jurisdiction complete.
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Effect of institution of a criminal action (T)
It interrupts the running of the period of prescription of the offense charged.
(Sec. 1, Rule 110)
Art. 91 of the RPC, in declaring that the prescriptive period “shall be
interrupted by the filing of the complaint or information,” does not
distinguish whether the complaint is filed for preliminary examination or
investigation only or for an action on the merits. Thus, in Francisco v. CA,
No. L-45674, May 30, 1983 and People v. Cuaresma, G.R. No. L-67787,
April 18, 1989, this Court held that the filing of the complaint even with the
fiscal’s office suspends the running of the statute of limitations. (Reodica v.
CA, G.R. No. 125066, July 8, 1998)
XPN: Prescriptive periods of violations of special laws and municipal
ordinances governed by Act 3326 (An Act to Establish Periods of
Prescription for Violations Penalized by Special Laws and Municipal
Ordinances and to Provide When Prescription shall Begin to Run) shall
only be interrupted by the filing of a complaint or information in court.
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An offense is deemed to be committed in relation to the public office
upon showing of any of the following: (T)
1. When such office is an element of the crime charged; or
2. When the offense charged is intimately connected with the charge of the
official functions of the accused.
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A person is in custody of the law
when he has been either arrested or otherwise deprived of his freedom or
when he has voluntarily submitted himself to the jurisdiction of the court by
surrendering to the proper authoritites. (Dinapol v. Baldado AM No 92-898,
August 5, 1993)
Jurisdiction over the Person of the Accused –
authority of the court over the person charged; it may be acquired by
apprehension, or by consent of the accused or by waiver of objections such
as entering his plea.
Being in the custody of the law is not necessarily being under the
jurisdiction of the court. "One can be under the custody of the law but not
yet subject to the jurisdiction of the court over his person, such as when a
person arrested by virtue of a warrant files a motion before arraignment to
quash the warrant. On the other hand one can be subject to the jurisdiction
of the court over his person, and yet not be in the custody of the law, as
when an accused escapes custody after his trial has commenced. Being in
the custody of the law signifies restraint on the person, who is thereby
deprived of his own will and liberty, binding him to become obedient to the
will of the law. Custody of the law is literally custody over the body of the
accused. It includes, but is not limited to, detention" (Miranda v. Tuliao,
G.R. No. 158763, March 31, 2006).
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Jurisdiction over the Person of the Accused –
authority of the court over the person charged; it may be acquired by
apprehension, or by consent of the accused or by waiver of objections such
as entering his plea.
may be acquired by consent of accused or waiver of objections;
acquired by: arrest or voluntary appearance or submission of the accused
to the jurisdiction of the court
Objection can be made through special appearance which is precisely to
avoid court’s jurisdiction
if he fails to make his objection in time, he will be deemed to have waived it
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Amendment vs. Substitution (Bar 2001, 2002)
Amendment
May involve either formal or substantial changes.
Substitution
Involves substantial change from the original charge.
Amendment
before the plea is entered can be effected without leave of court.
Substitution
It must be with leave of court as the original information has to be
dismissed.
Amendment
An amendment as to form will not require another preliminary investigation
and retaking of plea of the accused.
Substitution
Substitution of the information entails another preliminary investigation and
plea to the new information.
Amendment
An amended information refers to the same offense charged in the original
information or to an offense which necessarily includes or is necessarily
included in the original charge, hence substantial amendments to the
information after the plea has been taken cannot be made over the
objection of the accused, for if the original would be withdrawn, the
accused could invoke double jeopardy.
Substitution
Requires or presupposes that the new information involves a different
offense which does not include or is not necessarily included in the original
charge; hence the accused cannot claim double jeopardy.
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Distinction between substitution and amendment (Bar 1994)
The pronouncements in Pacoy v. Cajigal, G.R. No. 157472, September 28,
2007 citing Teehankee v. Madayag, G.R. No. 103102, March 6, 1992, 207
SCRA 134, which distinguish
between amendment and substitution under Sec. 14 of Rule 110, are
illuminating:
"The first paragraph provides the rules for amendment of the
information or complaint, while the second paragraph refers to the
substitution of the information or complaint.
It may accordingly be posited that both amendment and substitution
of the information may be made before or after the defendant pleads,
but they differ in the following respects:
1. Amendment may involve either formal or substantial changes, while
substitution necessarily involves a substantial change from the
original charge;
2. Amendment before plea has been entered can be effected without
leave of court, but substitution of information must be with leave of
court as the original information has to be dismissed;
3. Where the amendment is only as to form, there is no need for
another preliminary investigation and the retaking of the plea of the
accused; in substitution of information, another preliminary
investigation is entailed and the accused has to plead anew to the
new information; and
4. An amended information refers to the same offense charged in the
original information or to an offense which necessarily includes or is
necessarily included in the original charge, hence substantial
amendments to the information after the plea has been taken cannot
be made over the objection of the accused, for if the original
information would be withdrawn, the accused could invoke double
jeopardy. On the other hand, substitution requires or presupposes
that the new information involves a different offense which does not
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include or is not necessarily included in the original charge, hence
the accused cannot claim double jeopardy.
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Party who may legally file a complaint for adultery or concubinage
Only the offended spouse may file a complaint for adultery or concubinage.
(Sec. 5, Rule 110)
NOTE: The offended spouse cannot institute a criminal action for adultery
without including the guilty parties if both are alive; or if the offended party
has consented to the offense or pardoned the offenders. (Sec. 5, Rule 110)
If the complainant has already been divorced, he can no longer file the
complaint. This is considered as lack of status. (Pilapil v. Somera, G.R. No.
80116, June 30, 1989)
Parties who may file a complaint for seduction, abduction or acts of
lasciviousness
1. The offended party;
2. Parents of the offended party;
3. Grandparents of the offended party; or
4. Guardian of the offended party. (Sec. 5, Rule 110)
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NOTE: This is pursuant to the doctrine of parens patriae.
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4. Where the offended party has already instituted said action
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JURISDICTION OF CRIMINAL COURTS
Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan
Trial Court (MTC)
Except in cases falling within the exclusive jurisdiction of the RTC and of
the Sandiganbayan:
1. Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction [Sec.
32(1), B.P. 129 as amended by R.A. 7691];
2. Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years irrespective of the amount of fine, and
regardless of other imposable or accessory penalties [Sec. 32(2), B.P. 129
as amended by R.A. 7691];
3. Exclusive original jurisdiction over offenses involving damage to property
through criminal negligence [Sec. 32(2), B.P. 129 as amended by R.A.
7691];
4. Summary procedure in certain cases; and
NOTE: The MTCs shall have jurisdiction over the following cases falling
within their jurisdiction:
a. Violations of traffic laws, rules and regulations:
b. Violations of the rental law;
c. B.P. 22 cases
d. Violations of municipal and city ordinances;
e. All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding 6 months, or a fine not
exceeding P1, 000.00, or both; and
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f. Offenses involving damage to property through criminal negligence
where the imposable penalty does not exceed P10, 000.00. [Sec 1 (b), The
1991 Rules on Summary Procedure]
5. Special jurisdiction to decide on applications for bail in the absence of all
RTC judges in a province or city. (Sec 35, B.P. 129 as amended by R.A.
7691)
Regional Trial Court (RTC)
1. Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan (Sec 20, B.P.
129, as amended by R.A. 7691);
2. 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 [Sec 21(1), B.P. 129, as amended by
R.A. 7691];
3. Appellate jurisdiction over all cases decided by the MTC within its
territorial jurisdiction (Sec. 22, B.P. 129, as amended by R.A. 7691);
4. Special jurisdiction of certain branches to handle exclusively criminal
cases as may be determined by the Supreme Court (Sec. 23, B.P. 129, as
amended by R.A. 7691); and
5. Jurisdiction over criminal cases under specific laws such as:
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Q: In what cases does the RPC have an extraterritorial application?
A: Against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
number
4. While being public officers or employees, should commit an offense
in the exercise of their functions; or
5. Should commit any of the crimes against national security and the
law of nations. (Art. 2, RPC)
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Sufficiency of the complaint or information (Bar 1994; 2001)
1. A complaint or an information is deemed sufficient if it contains the
following:
(a) The name of the accused; if the offense is committed by more than one
person, all of them shall be included in the complaint or information; o
The designation of the offense given by statute;
The acts or omissions complained of as constituting the offense;
The name of the offended party;
The approximate date of the commission of the offense; and
The place where the offense was committed (Sec. 6, Rule 110, Rules of
Court; People v. Canares, G.R. No. 174065, February 18,2009).
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independent knowledge of the facts that constitute the offense
(People v. Cinco, G.R. No. 186460, December 4,2009).
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