CRIMINAL JURISDICTION- The court or tribunal trying the case is properly clothed

with judicial power to HEAR and DETERMINE the matter before it.
DUE PROCESSIN CRIMINAL PROCEEDINGS - REQUIREMENTS
1. The court of tribunal trying the case is properly clothed with judicial power
to hear and determine the matter before it- JURISDICTION OVER THE
OFFENSE CHARGED
a. The offense charged is one which the court is by law conferred to take
cognizance of
b. The offense must have been committed within its territorial jurisdiction
2. Jurisdiction is lawfully acquired by it over the person of the accused
a. Lawful arrest
b. Voluntary submission
- Unlawfully arrested but entered a plea on arraignment without
invoking his right to question any irregularity accompanying the
arrest
- Voluntary submitted self to court and the judicial process
- Taking affirmative relief by filing pleadings or motions as it
constitutes voluntary appearance
- EXCEPTION!!! pleadings or motions which prayer is precisely for
the avoidance of the jurisdiction of the court as it only leads to
SPECIAL APPEARANCE:
Civil cases- motion to dismiss for lack of jurisdiction over
defendant
Criminal cases- motion to quash a complaint for lack of
jurisdiction
Criminal cases- motion to quash a WOA
3. The accused is given opportunity to be heard
4. Judgment is rendered only upon lawful hearing
CUSTODY OF LAW and JURISDICITION OVER THE PERSON
CUSTODY OF LAW
Voluntary surrender
Under custody of law but the person
arrested
by virtue of WOA files
a motion before arraignment to quash
the warrant
Restraint on person, thereby deprived of
his own will and liberty , binding him to
be obedient to the will of the law

JURISDICTION OVER THE PERSON

Voluntary appearance in court
Under court jurisdiction but accused
ecaped
custody

Literally custody over the body of the

accused
Detention
JURISDICTION OF THE COURT- HOW DETERMINED

By the allegations in the complaint or information, NOT BY THE

EVIDENCE ADDUCED IN THE TRIAL
Depends on the penalty of the crime committed

5 years and below - BARANGAY

6 years and below First level court
6 years and 1 day and above RTC
Within the city

RULE 110. SECTION 1. PROSECUTION OF OFFENSES

Cases requiring PRELIMINARY INVESTIGATION
With penalty of 4 years, 2 months and 1 day
MEMORIZE DEFINITION OF PRELIMINARY INVESTIGATION ON PAGE 23
Remember:
The institution of criminal action interrupts the running of the period
of prescription of offense charged.