Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it.
What are the elements of jurisdiction in criminal cases?
1.The nature of the offense and/or the penalty attached thereto2.The fact that the offense has been committed within the territorial jurisdiction of the court.
What are the requisites for a valid exercise of criminal jurisdiction?
1.Jurisdiction over the person2.Jurisdiction over the territory3.Jurisdiction over the subject matter
What is jurisdiction over the subject matter?
It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by thesovereign authority which organizes the court and defines its powers.
Which law determines the jurisdiction of the court – the law in force at the time of the commission of the offense orthe one in force as of the time when the action is filed?
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception tothis rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense.In this case, jurisdiction is determined by the law in force at the time of the commission of the offense.
What is adherence of jurisdiction?
The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of thelitigation. It remains with the court until the case is finally terminated. The exception to this is wherea subsequent statute changing the jurisdiction of a court is given retroactive effect, it can divest a court of jurisdiction over casesalready pending before it before the effectivity of the statute.
A was charged with an offense whose penalty was below 6 years. The case was filed with the MTC. After trial, theMTC convicted him of an offense with a higher penalty. A questioned the conviction, claiming that the MTC had no jurisdiction over the offense since the penalty prescribed for it was higher than 6 years. Is A correct?
A is wrong. Jurisdiction over the subject matter is determined by the authority of the court to impose the penalty imposable giventhe allegation in the information. It is not determined by the penalty that may be meted out to the offender after trial but to theextent of the penalty which the law imposes for the crime charged in the complaint.
If during the proceedings, the court finds that it has no jurisdiction, how should it proceed?
Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other hand, the Supreme Court and theCourt of Appeals may refer the case to the court of proper jurisdiction.
What is the jurisdiction of Municipal Trial Courts in criminal cases?
Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respectiveterritorial jurisdiction;
Exclusive original jurisdiction
over all offenses punishable with imprisonment not exceeding 6 years
regardless of the fine and other accessory penalties and civil liability
damage to property through criminal negligence
Where the only penalty provided by law is a fine: exclusive original jurisdiction over offenses punishable with a
fine notexceeding P4,000
Failure to register or failure to vote
Special Jurisdiction to hear and decide petitions for a writ of
or application for
in the province or citywhere the
RTC judge is absent
7.BP 22 (?)
What is the jurisdiction of Regional Trial Courts in criminal cases?
Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, exceptthose falling under the exclusive and concurrent jurisdiction of the Sandiganbayan.
All criminal cases where the penalty ishigher than 6 years, including government-related cases wherein the accused is not one of those falling under the jurisdiction of the Sandiganbayan.2.Other laws which specifically lodge jurisdiction in the RTC:a.Law on written defamation or libelb.Decree on Intellectual Property