Readings for Sept.

3, 8 and 10, 2020 classes Dean Diokno Criminal Procedure

For the 1st Session on Tue, Sept. 1, 2020: Bring Constitution and Rules of Court to
class

For the 2nd Session on Thu, Sept. 3, 2020:

• Riano, pp. 1-62;
• Rule 110, secs. 6, 10, & 15;
• Rule 117, secs. 3(b) and 3(c);
• 1991 Rules on Summary Procedure;
• P.D. 1606, section 4:
o As amended by Sec. 4, R.A. 8249
o As further amended by Sec. 2, R.A. 10660
• Secs. 18, 20-23, 32 & 35 of BP 129, as amended;
• SC Admin. Cir. No. 09-04 (Guidelines in implementing RA 7691 expanding
the jurisdiction of MeTCs, MuTCs, & MuCTCs)
• A.M. 00-11-01-SC (2003) [BP 22 cases governed by summary procedure]
• R.A. 9165, Comprehensive Dangerous Drugs Act, secs. 90, 20, 61 & 62
• Jimenez v. Sorongon, GR 178607, Dec. 5, 2012 (real party in interest in
criminal cases)
• Antiporda v. Garchitorena, GR 133289, Dec. 23, 1999 (requisites for exercise
of criminal jurisdiction)
• People v. Lagon, 185 SCRA 442 (1990) [subject matter jurisdiction conferred
by law at time of institution of criminal action]
• Palana v. People, 534 SCRA 296 (2007) [subject matter jurisdiction conferred
by law at time of institution of criminal action]
• Ampongan v. Sandiganbayan, GR 234670, Aug. 14, 2019 [exception to rule
that subject matter jurisdiction conferred by law at time of institution of
criminal action]
• Buaya v. Polo, 169 SCRA 471 (1989) [subject matter jurisdiction determined
by allegations of complaint/information]
• Casanas v. People, GR 223833, Dec. 11, 2017 [territorial jurisdiction
determined by allegations of complaint/information]
• Foz, Jr. v. People, GR 167764, Oct. 9, 2009 [venue/territorial jurisdiction in
libel cases]
• Cybercrime: RA 10175, sec. 21 and Rule 4, IRR venue in cyber-libel cases]
• People v. Grospe, GR L-74053, Jan. 20, 1988 [venue in BP 22 & estafa cases]
• Union Bank v. People, GR 192565, Feb. 28, 2012 [venue in perjury cases]
• AAA v. BBB, GR 212448, Jan. 11, 2018 [venue in VAWCI cases when
infidelity committed abroad]
• Art. VIII, Sec. 5(4), 1987 Const. [change of venue]
• People v. Sola, GR L-56158, March 17, 1981 [change of venue]
• People v. Grey, GR 180109, July 26, 2019 [change of venue]
For the 3rd session on Tue, Sept. 8, 2020:

--Cases not taken up in 2nd session

--Jurisdiction over the person:

• Valdepenas v People, supra
• Jimenez v. Sorongon, supra
• David v. Agbay, GR 199113, March 18, 2015
• Rule 117, sec. 3(c);
• De Joya v. Marquez, GR 162416, Jan. 31, 2006
• Miranda v. Tuliao, 486 SCRA 377, March 31, 2006 (Special appearance)
• Alawiya v. CA and Datumanong, GR 164170, April 16, 2009

--Other principles relating to jurisdiction:

• Jurisdiction until termination; trial in absentia and the right to present
evidence
• Gimenez v. Nazareno, GR L-37933, April 15, 1988
• But see People v. Ferrer, GR 148821, July 18, 2003 (also en banc;
duties of defense counsel mere obiter?)

• Jurisdiction not subject to waiver or agreement

• Figueroa v. People, 558 SCRA 63 (2008)

a. Subject matter jurisdiction

b. Territorial jurisdiction
• But see Uy v. CA, 276 SCRA 367 (1997)

c. Jurisdiction over the person may be waived by surrender or by

failing to timely object to it

• Jurisdiction and double jeopardy

• Heirs of Honrales v. Honrales, 629 SCRA 423 (2010)