Ultimate goal Over the territory

- Harmonizing governmental functions of - where crime is committed

maintaining peace and order - where essential ingredients occured
- Protecting constitutional rights of citizens - not able to try outside its limited territory

System of Procedure Person of the accused

Accusatorial – 2 sided structure - authority over the person

- jurisdiction acquired cannot be lost
- Consists of prosecution and defense - lost upon termination of case
- Tries to convince the court in their own correct a. Arrest
version of the truth b. Voluntary submission/surrender
Inquisitorial – court plays active role 1. Appears for arraignment
2. Enters into counsel-assisted plea
- Utilize evidence gathered outside court 3. Actively participates in trial
- Judge or group of judges participates in 4. Presents evidence for defense
gathering of facts 5. Motion for determination of probable cause
- Counsel have less active roles c. Voluntary appearance
1. Filing of pleadings
Liberal interpretation of rules 2. Seeking relief
Liberally construed to promote their objective of securing: 3. File motions
4. Seeking dismissal
- Speedy, inexpensive disposition of actions and
proceedings Note: right to illegal arrest waived

Exception: validity of arrest

Requisites for the exercise of criminal jurisdiction

Over subject matter Objections: on jurisdiction

- Special appearance on court to question

- authority to hear and decide an offense
- jurisdiction over offense charged jurisdiction
- Motion to quash the warrant of arrest
- information or complaint constitutes jurisdiction
- determined by penalty imposable by law
- determined during commencement of criminal
action
- NOT DURING commission of offense
- Cannot be waived by parties

Exception to waiver: ESTOPPEL

Objections: on jurisdiction

- Raised or motu proprio by court

- Any stage of proceeding or appeal

Limitations on objections:

- If a party obtains or fails to obtain relief, he

cannot assail jurisdiction
- Same with civil cases

Note: law confers jurisdiction not rules

 7. During preliminary conference, admission must
be In writing and signed by accused and counsel
Jurisdiction of COURTS 8. Arrest of accused only on grounds of failure to
Municipal trial court appear when required by court
- May be released on bail or recognizance of a
Municipal circuit trial court responsible citizen
9. Judgment not later than 30 days after
Metropolitan trial court termination of the trial
Exclusive and original jurisdiction Prohibited pleadings, motions, petitions in
1. All violations of city or municipal ordinance Criminal and civil summary procedure
committed in their respective territorial
jurisdiction 1. Motion to quash
- All offenses with imprisonment not exceeding 6 - Except if ground is lack of jurisdiction or failure
years to comply with barangay conciliation
- Irrespective of fine proceedings
- Regardless of accessory penalties - Bill of particulars
- Irrespective of civil liability - Motion of new trial/ reconsideration
2. Damage to property through criminal negligence - Relief from judgment
3. BP 22 - Extension of time to file pleadings
4. Summary procedure in certain cases - Memoranda
5. Special jurisdiction to decide on application for - Certiorari, mandamus
bail ( in absence of RTC) - Declare defendant in default
- Motions for postponement
Summary procedure in MTC, MTCTC, MTC - Reply
- Third party complaints
1. Violation of traffic laws, rules and regulations
2. Violation of rental law - Interventions
3. B.P. 22 cases
4. Violation of municipal ordinances RTC JURISDICTION
5. Imprisonment no more than 6 years
6. Damage to property through negligence and fine 1. All criminal cases
not exceed 10,000 - Except those within exclusive jurisdiction of any
court
Summary procedure - Except falling under exclusive jurisdiction of
sandigan bayan
1. By complaint or information
2. Accompanied by affidavits of the complainant 2. Issuance of writs of certiorari, prohibition,
and witness mandamus, quo warranto, habeas corpus and
3. Affidavit shall state facts of direct personal injunction
- Only in their respective regions
knowledge
(Violation ground for inadmissible affidavit or 3. Appellate jurisdiction in cases decided by MTC
within territorial jurisdiction
portion of it)
4. If court finds no cause or ground, order the 4. Special jurisdiction as determined by SC
5. Under specific laws
dismissal
- If there is ground, set case for arraignment and a. Written defamation
b. Comprehensive dangerous drugs act
trial
- If already in custody, immediate arraignment c. Designated RTC for violation of intellectual
property rights
- If enters plea of guilty, sentence already
5. Before conducting trial d. Cases on money laundering
- Except those committed by public officers and
a. Enter stipulation of facts
b. Consider allowing accused to enter plea of private persons in conspiracy with public officers
guilty to lesser offense
c. Clarify issues and ensure speedy disposition
of the case
6. Refusal of accuse shall not prejudice him
SANDIGANBAYAN JURISDICTION - If not, information must contain specific factual
allegations showing intimate connection
1. Anti-graft and corrupt practices – R.A. 3019 between offense charged and public office
2. Original jurisdiction in cases:
a. R.A. 3019 Summary- in relation to public office
b. R.A. 1379 –forfeiture in favour of the state
any property fount to have been unlawfully a. Office an element of crime charged
acquired by any public officer or employee b. Offense intimately connected with discharge of
c. Chapter 2, section 2, title 7, book 2 of RPC – official function
one or more of the accused are officials Jurisdiction of SB over private persons
occupying the following positions in
government, whether permanent or Effect of Death
interim.
i. Officials of executive branch occupying 1. Must be in conspiracy
positions of regional director and higher 2. Even if public officer died before filing of
ii. Members of congress and officials information, as long as conspiracy is proved
iii. Members of the judiciary without prejudice 3. Private person may be indicted alone
to the constitution - Law does not require that private person be
iv. Chairmen and members of concom indicted with public officer
v. All other national and local officials Office of the ombudsman
classified as grade 27 and higher under
compensation and position classification - Shall represent the people of the Philippines
act of 1989 - In all cases elevated to SB
a. Provincial governors, vice governors - In all cases from SB to SC
b. City mayors, vice mayors
c. Officials of diplomatic service, consul Exception:
d. PNP and army, air force colonel and navy
- In cases pursuant to EO nos. 1, 2, 14, 14-A
captains
e. City and provincial prosecutor OFFENSES
f. Presidents, directors, trustees, managers of
GOCC, state universities, educational institutions 1. Anti-money laundering
or foundations 2. Plunder law
3. Bribery on all forms including corruption of 3. Forfeiture cases
public officers
Note:
4. In relation to their office
- forfeiture case under R.A. 1379 different from a
Note: if not mentioned above, shall be under jurisdiction
plunder case
of RTC but SANDIGANBAYAN shall have appellate
- plunder case does not absorb forfeiture case
jurisdiction

- Issuance of writs (RTC #2) arising from cases

under EO nos. 1, 2, 14 and 14-A
- Provided that petitions are not exclusive
jurisdiction of SC

Note: private individuals charged as co-principals (in

conspiracy) shall be tried jointly with said public officers
and employees in proper courts which shall exercise
exclusive jurisdiction over them

Note: public official need not be the principal, being an

accomplice or accessory is sufficient.

Note: Information

- If public office is constituent element, no need to

state in information
INSTITUTION OF CRIMINAL ACTIONS
Purpose of Criminal Action
1. determine penal liability of accused for having
outrage the state
2. if found guilty, punish him
Criminal Cases against State
- private offended party is limited to civil liability
How Criminal actions are instituted
1. IF preliminary investigation is required
- By filing the complaint with the proper officer
- To conduct requisite preliminary investigation
2. If not
- Direct filing of Complaint or Information to MTC
or MCTC
- By filing the complaint with office of prosecutor
No direct filing in RTC
- Because all offenses requires preliminary
investigation
Note:
- direct filing occurs when preliminary
investigation is not needed
- offenses which penalty prescribed is less than 4
years 2 months 1 day
No direct filing in MTC of Manila and Chartered Cities
- general rule provides that complaints must be
filed in the office of the prosecutor
- unless otherwise provided in their charters
Prescriptive period
General rule: institution of criminal action shall interrupt
prescriptive period
Exception: unless otherwise provided in special laws
Actions:
1. if it needs preliminary investigation
- filing of complaint with proper officer
Exception: unless otherwise provided for in special
laws
2. if it does not need preliminary investigation
- direct filing of information or complaint in
Rule on Prescription for violation of municipal ordinances
and special laws
- prescription shall be suspended when
proceedings are instituted against a guilty person
- judicial proceedings NOT ADMINISTRATIVE
- judicial proceedings for its investigation and
punishment
Prescription
- shall start from the commission of the offense
- or from discovery thereof
PROSECUTION OF CRIMINAL ACTION
General rule: commenced by complaint or information
1. prosecuted under direction and control of public
prosecutor
- even if there is a private prosecutor
Rationale: outrage against the state, it follows that
representative of state shall direct and control the
prosecution
Consequences of the rule
1. Public prosecutor functions:
a.determine whether prima facie case exists
b.decide which of the conflicting testimonies
should be believed free from the interference
or control of the offended party
c. determine which witnesses to present in
court
(subject to right against self-incrimination)
2. public prosecutor may turn over prosecution of
criminal case to private prosecutor but may take
over any time.
Absence of prosecutor on MTC or MCTC
May be prosecuted by:
a. offended party
b. peace officer
c. public officer charged with the enforcement of
the law violated
Office of the Solicitor General (OSG)
1. OSG may bring an appeal on the criminal aspect
representing the people
- If there is a dismissal
- If there is an acquittal
2. OSG on criminal case is the Appellate counsel of
the People of Philippines
Note: only the solicitor general is vested with the authority
to represent the people in CA or SC
- No other
Rationale:
- people of the Philippines, real party in interest,
necessary follows that only OSG can represent
the people of the Philippines
Exception:
- in cases elevated to Sandiganbayan and from
Sandganbayan to SC, it is the office of the
Ombudsman that will represent the People of
the Philippines
Securities and Exchange Commission
- offense is a violation of special law
- violation of Securities Regulation Code
Prosecution of Special laws
- sometimes require designation of special
prosecutors from different government agencies
to assist the public prosecutor
private prosecutor on criminal cases
1. if authorized to do so in writing, authorization
shall be given by:
a. Chief of the Prosecution Office
b. Regional State Prosecutor
2. Written authorization must be approved by court
Extent:
- Until end of trial
- Unless authority is revoked or withdrawn
Intervention of offended party
- Only in Civil liability
Private prosecutor may not intervene if
a. Waives the civil action
b. Reserves the right to institute it separately
c. Institutes civil action prior to criminal action
Note: right of the private prosecutor is for the sole
purpose of enforcing the civil liability
- Intervention is subject to direction and control of
the public prosecutor
Effect of the filing of an independent civil action
1. Does not deprive the offended party of the right
to intervene in the civil action through private
prosecutor
2. Civil liability arising from the offense charged
Civil liability arising from quasi delict
- Entirely separate and distinct from civil liability
arising from negligence under the penal code
- Those arising from independent civil actions and
quasi-delict do not arise from the felony or crime
- Those under articles 32, 33, 34 and 2176 of civil
code
Prosecution of PRIVATE CRIMES
Adultery and concubinage
- Only upon complaint by offended spouse
- Must be instituted against BOTH guilty parties
- No institution of case if offended spouse has:
a. Consented
b. Pardoned
Seduction, Abduction, Acts of Lasciviousness
- Only upon complaint filed by
a. Offended party
b. Parents
c. Grandparents
d. Guardian
Exception: if offended party dies or becomes incapacitated
before she can file a complaint, and has no parents,
guardian, grandparents, STATE shall initiate the action
Note: even minor can initiate the prosecution,
independently of her parents, grandparents or guardian
- Except if she is incompetent or incapable
Defamation
- ONLY in the imputation of the offenses of
adultery, concubinage, seduction, abduction and
acts of lasciviousness
- ONLY the offended party
PROSECUTION OF RAPE Infirmity of signature in the information

R.A. 8353, reclassifies rape as crimes against person - signed by person without authority
- dismissal is not a bar to subsequent prosecution
- may be commenced by filing of information by the public - jeopardy does not attach when accused pleads
prosecutor to a defective indictment

Note: lack of authority is ground for quashal

COMPLAINT AND INFORMATION SUFFICIENCY OF THE COMPLAINT OR INFORMATION
COMPLAINT (sworn and written) a. name of the accused (all if many)
- Sworn written statement b. designation of the offense given by statute
- Charging a person with an offense c. acts or omissions constituting the offense
- Subscribed by the offended party, any peace d. name of the offended party
officer, other public officer charged with e. approximate date of the commission of the
enforcement of the law offense
1. It is filed in the name of the PEOPLE OF THE f. place where the offense was committed
PHILIPPINES Test for sufficiency of the complaint or information
2. Complainants role is limited to that of a witness
1. crime is described in intelligible terms with such
INFORMATION particularity as to apprise the accused
- An accusation in writing charging a person with - enable accused to suitably prepare for his
an offense defense
- Subscribed by the prosecutor and filed with - accused is presumed to have no independent
court knowledge of the facts that constitutes the
- Need not to be sworn offense
- Only PROSECUTOR may subscribe the 2. must validly charge the offense
information - material facts shall establish the essential
- Filed in the name of the People of the Philippines elements of a crime to the point of moral
certainty for purposes of conviction
Note: Criminal prosecution revolve around proving beyond
reasonable doubt the existence of the elements of the DEFECT
crime charged - does not really charge an offense
- Allegations in the information are CRUCIAL to - when essential element of the crime has not
the success or failure of a criminal prosecution been sufficiently alleged
- Considered as battle ground in criminal Questioning the insufficiency of the complaint
prosecution
1. before arraignment
DISCTINCTIONS 2. cannot be made for the first time during appeal
Complaint 3. move for quashal if not in prescribed form
- failure to pursue remedy amounts to waiver
- Sworn and written
- Subscribed by
a. Offended party
b. Any peace officer
c. Public officer charged with enforcement of
the law violated

Information

- No need to be sworn
- In writing
- Prosecutor is acting under oath
- Subscribed by prosecutor