JURISDICTION

WHAT DO YOU
MEAN BY
JURISDICTION OF
COURT?
JURISDICTION from the latin word
ius,iuris meaning "law" and dicere
meaning "to speak".is the po wer that an
official of court of law has to
enforcelaws or carry out legal
judgement.It is the rig ht or p ower of a
police force or legal agency to exercise
its authority ov er a territory or sub ject
matter. It also refer to the power that
agency might have to exercise its
authority over a person.
There are
many types of
jurisdictions
Subject matter jurisdiction

-the c our t's author ity to d ec id e the issue on a sub jec t matter.

Original jurisdiction

-the r ig ht to hear c ases for the fir st time.D ec id e g uilty or not g uilty.

Territorial jurisdiction

-the c our t's p ower to b ind the p ar ties invoved to the ac tion.

Appellate jurisdiction

-the author ity to hear a c ase ap p ealed fr om a lower c our t.

Concurrent jurisdiction

-b oth have or ig inal jur isd ic tion over b othy c ases.

Personal jurisdiction

-the author ity over a p er son,r eg ar d less of their loc ation. This Photo by Unknown author is licensed under CC BY-SA.
Ar e th os e w h i ch , i f atten d an t i n th e
commi ssi on of th e cr i me, s er v e to
i n cr ease th e p en al ty
w i th ou t,h ow ever ,ex ceed i n g th e
max i mu m of th e p en al ty p r ov i d ed b y

l aw f or th e of f en se.
 The basis of
aggravating
circumtances.
The greaterperversity of the
offender manifested in the
commission of the felony as
shown by;

>motivating power itself

>place of the commission

>means and ways employed

>time

>personal circumtances o f the

offended, or of the offender party.
FOUR KINDS OF
AGGRAVATING
CIRCUMTANCES
1.GENERIC-ordinary and applicable to all crimes generally and it can be offset by ordina
mitigating
2.SPECIFIC-applicable only to certain felonies/crimes but the nature of the
crimes is not affected.

3.QUALIFYING-it affects the nature of crimes and the designation of the offense
and resultantly increase the penalty to higher degree.

4.INHERENT-it is part of the felony committed.it is an element of the

crime committed.
THE TWENTYONE
PARAGRAPHS OF
AGGRAVATING
CIRCUMTANCES
 1 .TAKIN G ADVAN TAGE OF OFFICIAL
POS ITION -the public offic ial m ust use
his in fluenc e, prestige an d as c en dan c y w h ic h his offic e gives him in realizing his
pu rpos e.

Ex. Th e offender fals ifies doc u m en ts in c on nec tion w ith the duties of his offic e.. A
polic em an, arrested an am bu lan t ven dor an d inform ed the latter that he w ill bring
her to the polic e station for in ves tigation but instead brought her to another plac e
an d raped her.

2 .IN CON TEMPT OF OR WITH IN S ULT TO PUBLIC AUTH ORITIEs

Requ is ites;
A. th e public authority is en gaged in th e disc harge of his duties;
B. offender know s th e iden tity of th e pu blic authority;
C. th e c rim e w as c om m itted in h is pres en c e..
(N OTE:th e offen c e m u s t n ot h ave been direc ted to th e pu blic au th ority bec au s e in
su c h th e c ase,the c rim ewould be dir e ct assault.
3.AGE, SEX,RANK ,DWELLING
-There is an absence of respect due to the offended of his age, rank, sex, and dwelling.
-it must be proven that there was a deliberates disregards of such circumtances.
-the circumtances of sex is note sustained solely by the fact that the victim is a woman but
here was a specific insult or disregard shown to her woman hood.
-There are considered in a crime against person, security and honor but not
against crimes againts chastity.
_rank refers to high social position or standing
-age refer to both elderly and the youth
-dwelling must be a building or structure exclusively used for rest and comfort and includes
dependencies, staircase and enclosure under the house.
-it is not necessary that the same be owned by the offended(boarding house is incled)
-it is the sanctity of home that is protected and upheld against any intruder whether
the offended is a less, a boarder or a bed spacer.
-Dwelling is not aggravating when;
a. offended has given a provocation.
b. both the offender and offended live therein.
c. dwelling is inherent in a crime such as trespass to dwelling or robbery in an inhabited place.
-rationale in dwelling-the offender's greater perversity in deliberately invading the tranquility
of another home/domicile.
4.ABUSE OF CONFIDENCE/OBVIOUS
UNGRATEFULNESS
-the basis of these is the apparent greater perversity of the offender which is often
manifested and employed to facilitate the commission of the offense.

ABUSE OF CONFIDENCE -exist when the o ffended party has trusted the
offender who later abuses such trust by committing the crime against the person
giving the trust, thereby facilitating the co mmissio n o f the crime.

Ex. household helper stealing from their employers.

OBVIOUS UNGRATEFULNESS -must be o bvio us, manifested and clear.

Ex.the offender killedhis father-in-law who allo wed him to stay in his ho use and who
supported him and his children.
5.COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE,OR ON HIS
PRESENCE,OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN THE PLACE DEDICATED TO THE
RELIGIOUS WORSHIP.
6.NIGHT TIME,UNINHABITED PLACE, BAND, AID OF ARM MEN.
NIGHT TIME - The period of darkn es s begin n ing at dusk and ending at daw n or from
sunset to s unrise. the c rim e m u s t be c om m itted exc lusively at nighttim e and not started
at daytim e.it m ust have been deliberately s ou ght in the perpetration of the c rim e and
w as taken advantage by h im to fac ilitates th e c om m ission of the c rim e or to ensure his
im m u n ity from c apture.

UNINHABITED PLACE- determ in ed by reas on able pos s ibility of th e vic tim rec eivin g
som e h elp or w here no people or an y n u m ber of houses w ithin a perim eter of less than
2 0 0 m eters. It is nec ess ary th at th e offen der took advantage the isolated plac e to better
attain h is en d, free from m oles tation or detec tion .

BAND-consists or more than three(at least four) armed malefactors organized with the intention to
carrying out the unlawful design. It is necessary that all four man actively participated by direct
participation in the commission of the crime
7.ON THE OCCATION AND BY MEANS OF CALAMITY OR MISFURTUNE.

8.THE CRIME BE COMMITTED WITH THE AID OF ARMEED MEN OR (2) PERSON WHO INSURE OR
AFFORD IMPUNITY.
-there is no unity of purpose between the perpetrator and the men who aided him.
-it is present even if one of the offenders merely relied on their material and moral aid and
encouragement in the commission of the crime.

9.recidivism
-it is present when the accused who at the time of his trial, for one kid, shall have been
previously convicted by final judgement fior another crime embraced in the same title of the RPC.
The basis of this is the greater perversity of the offender, as shown by his inclination to commit a
crime.

Ex. A has a previous conviction of theft at the time he was charged and undergoing trial for
robbery. theft and robbery are crimes against property.

Answer:
10.REITERACION OR HABITUAL DELINQUENCY
-The offender has been previously punished ad has served sentence.
The first offense was punished with an equal or greater penalty; or he
committed 2 or more crimes previously where he was meted a lighter
penalty. The rationale here is that despite the previous punishment,
offender did not learn his lesson.
-there is likewise habitual delinquency if an accused within a period
of10 years from the date of release or last conviction of the crimes of
falsification, robbery, estafa, theft, serious physical injury, or less
serious physical injuries is found guilty of the said crimes a 3rd time
or oftener.
RECIDIVISM VS. HABITUAL
DELINQUENCY

REC IDIVISM HAB ITUAL DELINQUENC Y

- A second conviction is - third conviction is necessary

enough. - the crimes are specific which
- the crimes should be both may be or may not be within
under the same title the same title.

- a generic aggravating - a special aggravating

circumtances.
11.QUASI-RECIDIVISM
-the offender has been previously convicted by final judgement and before beginning to serve
such sentence, or while serving the same, he committed a FELONY.

12.PRICE, PROMISE, REWARD.

-the price, reward is the primary consideration in the commission of the crime.

Ex. Gunman for hire

13.EVIDENT PREMIDITATION
-it must appear not only that the accuse had formed a determination to commit the crime
prior to the moment of execution, but that this determination was the result of meditation,
calculation, reflection and persistent to attempt. There exists a pre-existing design, a careful
and calculated plan to carry out the crime. there is a sufficient lapse of time from the time of
planning up to the execution of the crime.(the accused ha the opportunity to reflect upon the
consequences of his acts or to desist from its execution.
14. CRAFT, FRAUD, DISGUISE.

CRAFT- Is cunning or intellectual trickery or chicanery resorted by the accused to carry

out his evil design.
Ex. the accused simulated position/authority to gain entry in a building here he stole the
items.

FRAUD- constitues deceit manifested by insidious words or machinations.

Ex. a steptfather who convinced her stepdaughter to go with him at the house of her
grandmother in order to fetch her mother who left their place was brought to another
house where she was raped.

DISGUISE- it is aggravating only when the offender has resorted to it to conceal his
identity.
Ex.
15.ABUSE OF SUPERIOR STRENGTH
Intentionally employing excessive force out of proportion to the means of defense
available to the victim.
Ex. An attack by a man with a deadly weapon upon an unarmed defenseless woman.

16.TREACHERY/ALEVOSIA
The employment of means, method and form in the commission of the crime which tend
directly and specially to insure its execution without rist to himself arising from the
defense which the defended party might make. the essence of treachery is that the offended
party is not given any opportunity to defend himself due to the swiftness and an expectedness of
the attack.
Ex. The offended saw hi intended victim in their kitchen and waited for him such that he
stabbed the victim at his back unaware of the presence and plan of the offender, the
murder is qualified by treachery.
18.IGNOMINY AND CRUELTY
IGNOMITY-pertain to the moral order which adds disgrace and obloquy to the material
injury. It produces more suffering on account of its humilliating effect.its creates moral
suffering.
Ex. Accused raped a woman by winding a cogon grass around her genital organ.

CRUELTY-the culprit delights in making his victim suffer slowly and gradually, causing
unnecessary moral and physical suffering.
Ex. The accused after stabbing the victim to death, severed his head.

19.UNLAWFUL ENTRY, BREACKING OF DOORS, ETC.

-When entrance is made by way not intended for the purpose.it must be forced entry and
not forced exit.
20.AID OF MINOR.USE OF MOTOR VEHICLES.
The use of the motor vehicle must be a mean in the commission of the crime and not to
facilitates escape.
Ex.a,b, and c are car owners, planned to rob an armored car and in the highway while the
said armor vehicle was traversing, blocked the way of it using their cars and were able to
take away the money the armored car was carrying.

21.THE WRONG DONE IN THE COMMISSION OF THE CRIME BE DELIBERATELY EUGMENTED

BY CAUSING OTHER WRONG NOT NECESSARY FOR ITS COMMISSION.