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A
TENEO
C
ENTRAL
B
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O
PERATIONS
2007
Remedial Law
SUMMER REVIEWER
 
 —Advisers:
Atty. Tranquil Salvador III
; Head:
Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.Natividad
; Understudies:
Neliza Macapayag, Benjamin C. Yan
 —
 
CRIMINAL PROCEDURE
PRELIMINARY MATTERSCRIMINAL PROCEDURE
It is the method prescribed by law for theapprehension and prosecution of persons accused ofany criminal offense and for their punishment, in caseof conviction (
Remedial Law IV, Herrera 
).It is concerned with the procedural steps throughwhich a criminal case passes, commencing with theinitial investigation of a crime and concluding with therelease of the offender.
CRIMINAL JURISDICTION
 It is the authority to hear and try a particular offenseand impose the punishment for it
(People v. Marinao,71 SCRA 600, 604).
 
REQUISITES FOR VALID EXERCISE OFCRIMINAL JURISDICTION:
1.
Jurisdiction over the subject matter
– 
is thepower to hear and determine cases of thegeneral class to which the proceedings inquestion belong
(Reyes v. Diaz, 73 Phil 484 
);by virtue of the imposable penalty or its nature,is one which the court is by law authorized totake cognizance of; conferred by law.2.
Jurisdiction over the territory where theoffense was committed
 – the offense musthave been committed within the territorial jurisdiction of the court; jurisdiction over theterritory; cannot be waived3.
Jurisdiction over the person of the accused
 – 
the person charged with the offense musthave been brought to its presence for trial,forcibly by warrant of arrest or upon hisvoluntary submission to the court.The question of jurisdiction may be raised at anystage of the proceedings. The exception to this ruleis when there is
estoppel and laches 
on the partywho raised the question of jurisdiction.
JURISDICTION OVERTHE SUBJECTMATTERJURISDICTION OVERTHE PERSON OF THEACCUSED
Conferred by law. Itcannot be acquired bythe consent of theaccused.May be acquired byconsent of the accusedor by waiver ofobjections.Objection that the courthas no jurisdiction overthe subject matter maybe made at any stage ofthe proceeding and theright to make suchobjection is neverwaived.If the accused fails tomake his objection intime, he will be deemedto have waived it.
JURISDICTIONWhat determines jurisdiction
 
Jurisdiction is determined by the extent of the penaltywhich the law imposes, on the basis of the facts asrecited in the complaint or information constitutive ofthe offense chargedJurisdiction is not determined by:
•
what may be meted out to the offender aftertrial
•
the result of the evidence that would bepresented during the trialJurisdiction is retained regardless of:
•
whether the evidence proves a lesser offensethan that charged in the information,
•
the subsequent happening of events, althoughof a character which would have prevented jurisdiction from attaching in the first instance.
GENERAL
 
RULE
:
 
Jurisdiction of a court to try criminal action is to bedetermined by the law at the time of the institution ofthe action.EXCEPTION: Where the statute expressly provides,or is construed that it is intended to operate to actionspending before its enactment, in which case, thecourt where the criminal action is pending is oustedof jurisdiction and the pending action will have to betransferred to the other tribunal which will continuethe proceeding.
 
 
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ONCE VESTED, JURISDICTION CANNOT BEWITHDRAWN BY:
1. Subsequent valid amendment of theInformation; or2. Subsequent statutory amendment of the rulesof jurisdiction, unless the amendatory lawprovides otherwise.
Venue is jurisdictional
Thus 
: Action must be instituted and tried in themunicipality or territory where the offense has beencommitted or where any one of the essentialingredients thereof took place.
GENERAL
 
RULE
:
 
The question of jurisdiction may be raised at anystage of the proceedings.EXCEPTION: It may not be raised for the first time onappeal, where there has been estoppel and lacheson the party who raises the question.
Criminal jurisdiction of MTCsGENERAL RULE
:MTC has jurisdiction over all offenses, the maximumpenalty of which as provided by law does not exceed6 years (prision correccional).EXCEPTION:
 
In cases where the only penaltyprovided by law is a fine, the
amount 
whereof shalldetermine the jurisdiction of the court:
•
MetroTC, MTC, and MCTC: if fine is not morethan 4000 pesos.
•
RTC: if fine exceeds 4000 pesos, includingoffenses committed by public officers andemployees in relation to their office, where theamount of the fine does not exceed 6000pesos. (SC Court Circular No. 09-94).Accessory penalties and civil liabilities: no longerdeterminative of jurisdiction.
No jurisdiction:
over those cases which byprovision of special law are made triable by the RTCor the Sandiganbayan even if the maximum penaltyprescribed by such special law is less than 6 years.Included in such exceptions are election offenses,libel or written defamation, and violation of Sec. 39 ofthe Dangerous Drugs Act of 1972 (RA 6425).
Criminal Jurisdiction of the Sandiganbayan
Offenses or felonies, whether simple or complexedwith other crimes committed by the public officialsand their employees mentioned in Subsection (a) ofthis section in relation to their office.If the last element, namely, “in relation to his office” isabsent or is not alleged in the information, the crimecommitted falls within the exclusive original jurisdiction of ordinary courts and not the SB.The offense is committed in relation to the office if theoffense is intimately connected with the office of theoffender and perpetuated while he was in theperformance of his official functions, or when thecrime cannot exist without the office, or the office is aconstituent element of the crime as defined in thestatute.
Election Offenses
Fall outside the jurisdiction of SB even if they arecommitted by public officers classified as Grade 27and higher and in relation to their offices. It is theRTC that has jurisdiction as provided for in theOmnibus Election Code.
Court Martial Cases
Offenses committed by members of the ArmedForces and other persons subject to military law arecognizable by court martial if such offenses are“service connected” as expressly enumerated in RA7055.If the particular offense is not one of thoseenumerated in the law, the case falls under either theregular courts or the SB, as the case may be.
Jurisdiction of Family Courts
Republic Act No. 8369 establishing the Family Courtgranting them exclusive original jurisdiction over childand family cases, namely: Criminal cases where oneor more of the accused is below 18 years of age butnot less than 9 years of age or where one or more ofthe victim is a minor at the time of the commission ofthe offense, provided that if the minor is found guilty,the court shall promulgate sentence and ascertainany civil liability which the accused may haveincurred. The sentence shall be suspended withoutneed of an application pursuant to the “Child andYouth Welfare Code or P.D. 603).
Jurisdiction over Complex Crimes
Jurisdiction is lodged with the trial court having jurisdiction to impose the maximum and most seriouspenalty imposable of an offense forming part of thecomplex crime.
 
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Jurisdiction over Crimes Punishable by Destierro
Where the imposable penalty is destierro, the casefalls within the exclusive jurisdiction of the MunicipalTrial Court, considering that in the hierarchy ofpenalties under Article 71 of the Revised Penal Code,destierro follows arresto mayor which involvesimprisonment
(People v. Eduarte, 182 SCRA).
Principle of Adherence of Jurisdiction
Once jurisdiction is vested in the court, it is retainedup to the end of litigation
(Dela Cruz v. Moya, 160 SCRA 838).
 
RULE 110PROSECUTION OF OFFENSESCRIMINAL ACTION
 It is an action by which the State prosecutes a personfor an act or omission punishable by law.
Section 1. Institution of Criminal Actions 
For offenses which require preliminaryinvestigation:
By filing the complaint with the proper officer forpreliminary investigation.
•
Refers to a complaint-affidavit, and is differentfrom the complaint defined in Section 3 of Rule110.
•
Preliminary investigation is required foroffenses where the penalty prescribed by lawis at least 4 years, 2 months and 1 day ofimprisonment without regard to the fine (Rule112, Sec. 1, Par. 2).
For all other offenses, or for offenses which arepenalized by law with lower than at least 4 years,2 months and 1 day without regard to the fine:
Instituted directly with the MTC and MCTC, or thecomplaint is filed with the Office of the Prosecutor.In Manila and other chartered cities, the complaintshall be filed with the Office of the Prosecutor unlessotherwise provided in their charters.NOTE: A complaint for offenses cognizable by theRTC is NOT filed directly with the RTC either forpurposes of preliminary investigation or forcommencement of the criminal prosecution.DOES NOT APPLY: To offenses which aresubject to summary procedure
Effect of institution of the Criminal Action:
The institution of the criminal action interrupts therunning of the period of prescription of the offensechargedUNLESS:
 
otherwise provided in special laws.Act No. 3323 governs the prescriptive periods ofviolations of special laws, or offenses other thanthose penalized under the Revised Penal Code.NOTE: With respect to offenses penalized by speciallaws, the filing of the complaint or information in courtis the one that interrupts the prescriptive period andnot the filing of the complaint in the proper office forpurposes of conducting a preliminary investigation(
Zaldivar v. Reyes, 211 SCRA 277 
).
The filing of a complaint for purposes ofpreliminary investigation starts the prosecutionprocess
.
REQUISITES
 
OF
 
A
 
COMPLAINT
 
OR
 
INFORMATION
 1. in writing2. in the name of the People of the Philippines3. Against all persons who appear to beresponsible for the offense involved.
Who is the real offended party?
The People of the Philippines, but since the crime isalso an outrage against the offended party, he isentitled to intervene in its prosecution in cases wherethe civil action is impliedly instituted therein.
Section 2. The complaint or information 
FORM:
1. In writing;2. In the name of the People of the Philippines;and3. Against all persons who appear to beresponsible for the offense involved.
Section 3. Complaint defined 
COMPLAINT
It is a sworn written statement charging a person withan offense, subscribed by the offended party, anypeace officer, or other public officer charged with theenforcement of the law violated.The complaint as defined under Section 3 is differentfrom the complaint filed with the Prosecutor’s Office.It refers to the one filed in court for the
of 00

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vladalartcab

NOtes on criminal procedure

reply03 / 12 / 2010
mina12b

pls send me your remedial law reviewers. thank you.

reply09 / 16 / 2009
enzo009

WHER CAN I FIND REVIEWER IN CIVIL LAW@@@@@

reply04 / 24 / 2009
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