Criminal Procedures

What is a Criminal Procedure?

Ans: The method prescribed by law for the apprehension & and prosecution of persons accused of any
criminal offense & and for their punishment, in case of conviction

What is Jurisdiction?

Ans: The authority to hear and try a particular offense and impose the punishment for it

Criminal Jurisdiction of MTC

“EXCLUSIVE JURISDICTION”

1.) All violations of city or municipal ordinance committed w/in their respective territorial
jurisdiction.

2.) All offenses punishable w/imprisonment not exceeding 6 years irrespective of the amount of
fine REGARDLESS OF

- Other imposable or accessory penalties

- Civil liability arising from such offense irrespective of kind, nature, value, or amount.
-
3.) Where the only penalty provided by law is fine, MTC has jurisdiction if the amount thereof
does not exceed 4K

Criminal Jurisdiction of RTC

“EXCLUSIVE JURISDICTION”

1.) All criminal cases not within the exclusive jurisdiction of any court, tribunal, or both

“APPELLATE JURISDICTION”

1.) Overall cases decided by the MTC within its territorial jurisdiction.

“SPECIAL JURISDICTION”

1.) Those especially designated by the SC.

“AS PROVIDED BY SPECIFIC LAW”

1.) Written Defamation

2.) Violation of Dangerous Drugs Act of 2002
3.) Violation of Intellectual Property Law
4.) Violation of RA9262 VAWC
5.) Anti-Money Laundering
6.) Violation of Cybercrime Law
7.) Violation of Election Law
8.) Those criminal cases falling under the appellate jurisdiction of SB.

Case 1: People vs. Lacson and People vs. Executive Secretary

Notes from Atty. Ton

1.) The case provided the definition of CRIMINAL PROCEDURES

2.) Rules of Procedures can be applied RETROACTIVELY, procedures are SUBSTANTIVE LAW

Case 2: Serena vs. Sandiganbayan

Notes from Atty. Ton

1.) This case demonstrates the phrase that “jurisdiction IS CONFERRED BY LAW”

Case 3: De Lima vs. Guerrero

Notes from Atty. Ton

1.) STATUTORY CONSTRUCTION PROVISION “A specific LAW will prevail over a GENERAL LAW”
2.) PD 1660 is a general law.
3.) RA 9165 is a special law.
4.) The case of De Lima vs. Guerrero is a conflict between provisions of law PD1660 & RA 9165

Case 4: People vs. Go

Notes from Atty. Ton

1.) Private individuals can be tried in the SB in conspiracy with public officials
2.) Even if a public official is charged in SB wherein conspiracy is alleged and a public official died; the
charges against the conspirator will still continue to be prosecuted