1. Distinguish jurisdiction over subject matter from jurisdiction over
the person of the accused Jurisdiction over the subject matter refers to the authority of the court to hear and determine a particular criminal case. Jurisdiction over the person of the accused refers to the authority of the court, not over the subject matter of the criminal litigation but over the person charged. This kind of jurisdiction requires that the person charged with the offense must have been brought into the forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court.
Jurisdiction over the territory; venue in criminal cases
- Venue is jurisdictional and a court is bereft of jurisdiction
to try an offense committed outside its limited territory. - The place where the crime was committed determines not only the venue of the action but the essential element of jurisdiction.
2. Requisites for exercise of criminal jurisdiction