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    Criminal Procedure Part I Salvador

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    Criminal Procedure Part I Salvador

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    Ui Bin DM
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    Criminal-Procedure-Part-I-Salvador

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    Criminal Procedure Part I Salvador

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    Ui Bin DM

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    PARTI COURTS AND ITS JURISDICTION 1. Jurisdiction Over the Subject Matter 2. Jurisdiction Over the Person of the Accused Venue and Territorial Jurisdiction in Criminal Cases: Venue is Jurisdictional 4. Adherence of Jurisdiction 5. Jurisdiction of the Supreme Court 6. Jurisdiction of the Court of Appeals 7. Jurisdiction of the Court of Tax Appeals 8. Jurisdiction of the Regional Trial Courts 9. Special Law vis-é-vis Special Law 10. Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts 11. Lupong Tagapamayapa 12. Summary Procedure 13, Hold Departure Order 14, Jurisdiction of the Sandiganbayan 15, Jurisdiction of the Office of the Ombudsman 16. Powers of the Department of Justice 17. Role of the Office of the Solicitor General in Criminal Cases proceedings that the Supreme Court has hel require the defendant or accused to und trial if the court has no jurisdiction over: ‘This is so because “where life or liberty is affected by its proceedings, ‘courts must keep strictly within the limits of the law authorizing them to take jurisdiction and to try the case and render judgment thereon.”* 7 jute Santana, GR. Nos. 14702627, 11 September 209; Buey v. Polo, GR. [No. 175079, 26 January 1988 2 Treae People, GR: No 195002, 25 January 2012; Fukuzumeo, People, G.R. No. 143647, {1 Nowember 205, ting Penglinon v. Court of Appeals, GR. No. 17363, 17 December 1999, 1 Tre wort “uct” a appli tothe exer of ul power, aeons suede nt ce eee eae ‘Asa csouec any mnt nr or ranlaton ed without ‘eugene erent, hough eld, serch reference Jaron oe th aj mater vo an canbe given yf {Sedans parle or ty aero poe of 6 eae eee ee apa ee Incriminal procedure, this tanlate to (2)uraicton over the subject ‘matte (2 jurisdiction over the tetory where the efese was commuted, {nd @) json over the person of he acased, Junsoevon oven re Suneer Maren Tie ip Pa CR No LA anh 9 Puen Ton Tl Ps CR No Inspr Be Pam CH, SRN CSL Nove SO e ss ET momo i and change Comin, GI No SST} ok ‘COURT AND IS JURSCTION seasonably made, the objection is deemed waived » The act of entering a plea and participating actively in the tal thas amounts oa submission to the jurisdiction ofthe court” Jurisdiction over the person is diferent from custody of the law, a6 First theron of tal ours inted to well defined Aeritoris such tata ial court ean only heat and ty cases ee anges, GR No 42356, 14 Apel 2004 (RMN PROCEDURE ws ous aS AE URSICTON Aavolving crimes commited vehi its tetra jurisdiction. ‘Son eying the venue in the low enn is grounded on Male, Curt of Apps, aed eterated in the more recent {he neteanly foie of having an accused on ial ithe ‘Worldwide We Corporation Pape of the Pipes to wit ‘rani of province where witnesses and otber faite for ‘ox we held In Mallon Cou of Appeals valle {pplication fora earch warrant ina “special minal tdcovery. It is «special and pecular remedy, drastic {nits rature and made necessary Because of a public neces. In American jurisdictions, from which we have Unfortunately, the foregoing reasoning of the CA, is ‘gina jusdition ‘Clearly then, an application fora search warrants not a cciminal ction 0. “The foregoing explanation shows why the CAarsved atthe rong conciesion I gravely eed in equating the proceedings or aBplistions or seach warrants with criminal actions ‘Bemiziven As elucidated bythe Court, proceedings for said Inceptionaly fawed, because a8 pronounced by the Court in ‘The purpose of provision so ferret ut the rath fom the ‘opposing lane the partis in controversy by means of fat ‘Shu impartial inguly. Consequently were thee ae serous and ‘weighty reasons presen that would prevent the court of original JRredicton rom conducting fair an impartial wal this Court fhasteen mandated fo crdet a change of wenueso a prevent 2 rmiscarage of ustice” ‘ede a change of wen of teal ™ ‘Therefor, the rule that venue I juridiionl shouldbe more completely sted a ee fo he pup of tution of criminal actin, hurt | “The Motion‘o Transfer Venue of Tal shouldbe led with the Supreme Court fore Aovenance o msocmon cours AN HS URSICTON Jomsornon oF re SuPnane Count 3. Eachaive appligte jurleicton over all, final “ie Vi eons proves headin ft Spee Court ndgent eine Soar of ego Tal wt topes orn ane COED Gil get samen do Secon 5: Te Supreme Cot sal have the ftowing cee ling Scr Eun Comeinn, powers: ‘Commission and the | Beck gn jsdton over cts afecting tng itn antler pale ine 2a ena Oe in eorce feo rear pn manana pro ad alpen Pesan ee No: amended, Core orev dof Spurge oe ad elgenh nf wpeagagh a be urs 1). Review, revit sevre, may, fi on ape SESE oe junto xcetlorart asthe law the aes of Court may provide, final as amended by Republic ActNo. 5282 provides uo Te Appeals in criminal cases: (¢) All cases in which the ursiction of any lower ()_Allesimina cases in which he penalty imposed in rcanion orto ghee a (o)_Allcass in which only an eror or question of Jurisdiction over cases involving criminal fens as tw is tavalved: [| (Emphasis supplied) erin provided: 2 Evclusve original jursition over actions for nnlmen of adgment of Regional il Cours and sv PROCEDURE 2 ‘Excusive appellate jurisdiction in criminal , _Overappealstromthejudgmens resolutions ‘or onder ofthe Regional Tis Courts in tx cases ‘ngialydacidedby them, inthe respecte terri junadicion “This means that gener, he KIC shall have excuse original Jurisdiction over offs where the imposabe penalty exceeds (6) yeas prison gare ofthe ne or acessory penalty. Moreover where the impornble penalty i only afin, and the sid amount exceeds 4000 ‘poo then enlsive rp jrsiton Bkawise es with the RTC * However there ae instances where furdicion is vested In the Regional a Cour regudles oftemporte penalty or fine InDe ime. Garena th Supreme Court eerated tat "rsdn over dug-eated (Goer iseacusvely vested withthe Reponal Trial Cout and no oer “Fin ir Ns 9 ie a Ne et oem 7 ‘ava PROCEDURE ls apparent inthe flowing provisions where it was exprely tmetloed ond epic! te ely cut with he thon {otha duped ese wil warrant a revert or moifenon igment sought tobe reviewed” bee embodied in Sections and 9, Rule 122 ofthe “Moreover there ar special ls and rules proving for aridiction forceruin kinds of flere to which Stas Prana Big 19 ut ye cou AND IS REDICTON ‘Republic At No £29 o th atc Property Cade of the Piippines ric tt aan er Sn 1 os eo 1 a he proper cure wth render ei tlre pe ‘soproprnte prion (Agrarian Cases Republic Ac No. 687 confers fraction on Spal Agrarian Courts designate bythe Supreme Court neveryprovince= Bylaw the Special ‘Agranan Cours shall hve onal and exclusive jaradiction over the ‘pecuion fal ern fees valving agrarian cases Seton 37 of Republic Act No.5 proves: Section 57. Special Jurisdiction. — The Special Agrarian Courts sal hive signal and exe juradiction over So pettons for the determination of Jost compensation to [inlowner andthe promution fall mal lferses under this Ac Te ales Court shall apply tall proceedings before the Spactagranan Cours les medi by this AC “Te Special Agrarian Cours shall decide all appropriate cases unde tha pil pricton within hity 0) days fom Samson of theese for decison. FSi tem GN 2. Seine airmen caasaL moceDURE Special Again Cours cece power in adtion fo the ordnary furadbton of Rca sch a taking cognizance of sis volving, ae ‘owed they ae win the province where hey sits Special Agrarian Era Rep Act No Gy, however egies the enigation by the Supreme Cort before a RTC ranch can anton a Special Agrarian, om (©) Crimes Against Humanity Repube Act No. S851, otherwise known a6 the Phiippine Acton Crimes Again Intemational Humanitarian Law Genocide, and Other (Clea Agua Humanity provides forthe exclusive orginal juriadiction The State shall ensure that judges, prosecutors and Investigators, especialy those designated for purposes ofthis ‘Act recive efative traning In human right terational iumaniarian Law and interstonl Cinna Law. (©) Cases volving Minors nd Domestic Vince Republic Act No. 839 estabishing the Fay Courts provides forthe ‘csv orginal radon of Family Cours, Seco 8, Jraction of faily Courts, — The Fan Courts shal have exclave ginal arcon fo haus aad ases where one or more ofthe accused is 2) Ci below eighteen (18) years of age but not less Ua ine (3) years TEETER Grain tg OX No 04 26 ang 20 dR tc Papan igs CN og ca ai (um AN HETERSICTION of age but not et than nine (yeas of age oe where one oe ‘mor of he vice isa minor ade fe ft common of {hs fee: Prove That th mor ound pully te ut promulgate sentence and acer anc Lat Which = theatcued may hveincured ‘The sete however shale suspended without ned of application pursuant lo Proidental Deere No.6, eerie Kown.asthe "Child and Youth Welle Cae’; a 3 1) Cases apne minors cognzabie under the Dangerous Drugs Actas amended Violations of Republic Act No. 7610, otherwise Senta he “Speci Proesion of hrm Against Cd Abuse, Esplin wa Decimation Ae ated Yy Repub Act No. 7656 an 2) Children - which incade the commission ofa fomns of abuse, reget crusty, exploitation pepe ee A a eS se a a aaa purge of ache providing fer lve snc arte Beal cers Sn Teh poten et eeprom Fane rr al Ne A 1 November » ‘CRIMINAL PROCEDURE the two minor victims are dead, the Supreme Cour isabe fo relax the rule, ‘Couns ANB URSICTON ‘asthe purpose ofthe rules not applicable in such a case * tc sparc (CrutTal Court al eerie €) Bela cig! oton ovr a wane of ly arp rnc ome an a pec one pty sa abl ofcer employe, ae foto prfranae li ofa Farce the dope lives sel properties oat fn fret seo murplies ness the parties threo “pee to sbi thor difeenes to ams setement by 2 ‘perpen upon {Disputes invlving pales who actualy reside in turapys of een ie or anil, except whee SSECRi go ans adj exch oer andthe partes thereto Sore tos tar diferences Yo amiable seem by an ‘Pprepemte upon: 1) Sichoter asc depts which ihe President sy det doen the tert of use or pon he ecomendation Slike Seay oft. “Teco in whch nor-rmina ces not ling within he authority ofthe nape ume ho Code ae fed aya any ine before tal Seabee tothe open concerned or amiable setae ‘Soman Procite oredr overall fling under he Rules mn Sameary Process pode Section 1 fhe aid rae: (a) Vitis frais, rules ar regulations A rane nt ceding ‘ction 08 Sef Mat or Amal Setoent: Extn bya i eeding (LD bth see Te The goo each arsgay sll ave auton 6 sont ca fig teeny or oer oo Wie Ct op GR Ne 2 Deemer = 4 an CN 085 + Reka idiarion mane ~ ‘cRIANAL PROCEDURE chat artsig herd rvie ee Tatas ‘involving damage to propery through riminaLneglgenc Rule shall govern where the impose fine does not exceed Hold departure orders may be issued in applicable cases by the Regional Tal Court and the Sundiganbayan In Genin 9, De Lina the ‘Supreme Cour invalidated Departoent of Justice Circular No. 41 which was used as basis by the Seretary of fsticetolsue Hold Departure Orders, Regional Trial Court In Supreme Court Circular 39-97, the general rule is lid down that Hold Departure Orders shall be issued ony by Regional Trial Courts in 41. Hold-Departure Orders shall be issued only in criminal eases within the exclusive juredictlon of the Regional ral Cours, ‘the Bureau of immigration [I] ofthe Department of justice with copy each of the Hold-Departure Order ‘rent. {our (24) hours from te time of lsuance and astest available means of transmit, 3. The Hold-Departure Order shall contain the following Information: a. Thecomplete name inh ame), ofthe person against whom a Hol has ‘been issued or whose departure from the country has been enjoined; ‘The complete tte and the docket numberof the ‘casein which the Hold: Departure Order wa ixued Thespecificnature ofthe case; and 1d, Thedate ofthe Hold-Departure Order. PS tee cavven 17 ages ace cons aren hi mnt hp oon pint ston’ pena Ouse ata ie ‘epi fo cry sn ed oo Section 6 Hold Departure Onder ~ Pending retin of the petition, no cid ofthe pats shal be Brought oot ofthe ‘country withost peo onder fom the court permission ofthe court. 5 Sapeee Ct Cnr 001 9: Dp: ed SEE EST Blt Png ACR aN i comm Sennen ” | ‘herfre.while «cout may be expreny granted the Incidental powers ecesary octane prion 8 ant (2) the complete ie and docket umber fhe ase Inyihich he id epartre was Soul coum ned Sfimexicnon = intents, ot nh net of rato sc ube aey optic at {Be O) ef empowering unde th preset of die sigecy or get (pce The ttn re aul th spar of the powers betwen he thee tranches lhe governess area be upd In adn to thse, the Court red tthe cl “transcends contortion” "the parent vaqoerns fe cla a 10 the disntonterwecn an HDO and WLO live othe de proses STE hn nt ein Ging Mn png ed See here Sma tp na pm ae Pretorya Dart Ore (PDO) Fey te Poet nd sued (yh Reid Tal Cort (On 07 August 2018, the Supreme Court in AM, No. 1207055 spproved the Bale on Pretuncy ld Deptre Once (PHDO)-A = “CRIMINAL PROCEDURE Ply Secon 7 provides that the PHDO may be ited by fing « ‘verfed motion on meritorious ground and posting a bond anion oF re Swocanaaean 1. Orginal Jurisdiction 2. Appellate Jurisdiction ‘courTS AND IS JURSEICTION whether ina permanent acting or interim capacity a the time of ‘he commision ofthe ofese: (1) Offcials of the executive branch ocupying the positions of replonal director and higher, otherise ‘lstifed an Grade 2” and higher, of the Compensation tnd Postion Classification Act of 1969 (Republic Act No, (6738, specifeally including: (©) Officers while occupying the position cf provincial director {hu those holding the rank of senor superintendent fad higher; (City and provincial prosecutors and their assistants and olin and prosecutor in the Office 2) Members of Congress and officials thereof classed as Grade’27 and higher under the Compensation Sd Postion Classification Act of 1985, (@)_ Members ofthe judiciary without prejudice tothe provisions ofthe Constitution: (4) Chairmen and members of the Constittional CCommssions, without prouaice to the provisions of the (Constittion: and ()_Allother national and ol fis asi as rade ander unde te Compereaion and Poiion Genes Act 190 complened with cher crimes commie by the publi oficials ‘SHo'enpoyes mentioned in subcton a) a Bs ston in ‘elton the fice ‘Chil and criminal ese fe pursuant fo and in

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