Kapitan Basa (Isip) Lista 5.
The settled rule is that the
vast words;
vast phrases;
vast clauses
1. WORDS AND PHRASES;
"JURISDICTION" ; ORIGIN AND
MEANING OF THE WORD
EXPLAINED. — "Jurisdiction" is the
basic foundation of judicial proceedings.
The word "Jurisdiction" is derived from
two Latin words "juris" and "dico" — "I
speak by the law" — which means
fundamentally the power or capacity
given by the law to a court or tribunal to
entertain, hear, and determine certain
controversies.
2. Bouvier’s own definition of the term
"jurisdiction" has found judicial
acceptance, to wit: "Jurisdiction is the
right of a Judge to pronounce a
sentence of the law in a case or issue
before him, acquired through due
process of law;" it is "the authority by
which judicial officers take cognizance of
and decide cases." In Herrera v.
Barretto, (September 10, 1913), 25 Phil.
254, 251,
3. this Court, defined "jurisdiction" simply
as the authority to hear and determine a
cause — the right to act in a case.
"Jurisdiction" has also been aptly (in the
manner that is appropriately) described
as the right to put the wheels of justice
in motion and to proceed to the final
determination of a cause upon the
pleadings and evidence.
4. CRIMINAL JURISDICTION DEFINED.
— "Criminal Jurisdiction" is necessarily
the authority to hear and try a particular
offense and impose the punishment for
it.
jurisdiction of a court = is determined
by the statue in force at the time of
the commencement of the action =
People v. Mariano, GR. No. L-40527,
June 30, 1976
6. REMEDIAL LAW, JURISDICTION OF
COURTS IS CONFERRED (grant) BY
THE CONSTITUTION OR BY LAW. —
The conferment of jurisdiction upon
courts or judicial tribunals is derived
exclusively from the constitution and
statutes of the forum.
7. CRIMINAL LAW; ESTAFA DISTINCT
FROM MALVERSATION. — Estafa and
malversation are two separate and
distinct offenses.
8. Jurisdiction = Statute in force
9. Criminal Jurisdiction = Power of the
State = to try & punish a person = for
violation of penal law.
10. (Requisites) of a Valid Exercise of
Criminal Jurisdiction :
- By virtue of Imposable Penalty or
Nature of the Offense
- The offense committed is within
Territorial Jurisdiction
- The person is brought for trial (or
there is presence proceedings)
11. ACT NO. 3326 - AN ACT TO
ESTABLISH PERIODS OF
PRESCRIPTION FOR VIOLATIONS
PENALIZED BY SPECIAL ACTS AND
MUNICIPAL ORDINANCES AND TO
 PROVIDE WHEN PRESCRIPTION
SHALL BEGIN TO RUN
Section 1
 1year prescription = 1month below
penalty
 4 year prescription = more than 1month
but less than 2years penalty
 8 year prescription = more than 2 years
or more but less than 6years penalty
 12 year prescription = more than 6 years
or more penalty
 Except Treason = prescribe 20 years
 Municipal Ordinance = 2months
prescribe
12. Prosecutor office = is not a judicial
proceedings = as it not stop prescription
of crime = (Zaldivia v. Reyes, Jr., G.R.
No. 102342, July 3, 1992)
13. SPECIAL LAW PREVAILS OVER
GENERAL LAW; PRESCRIPTION IN
CRIMINAL CASES IS A SUBSTANTIVE
RIGHT. — The Court feels that if there
be a conflict between the Rule on
Summary Procedure and Section 1 of
Rule 110 of the Rules on Criminal
Procedure, the former should prevail as
the special law. And if there be a conflict
between Act No. 3326 and Rule 110 of
the Rules on Criminal Procedure, the
latter must again yield because this
Court, in the exercise of its rule-making
power, is not allowed to "diminish,
increase or modify substantive rights"
under Article VIII, Section 5(5) of the
Constitution. Prescription in criminal
cases is a substantive right.
14. A preliminary injunction (is issued only)
should not determine the merits of a
case = it only seeks to prevent
threatened wrong, further injury, and
irreparable harm or injustice until the
rights of the parties can be settled. (BPI
vs. Hontanosas, Jr., G.R. No. 157163,
25 June 2014)
15. Article 103 4 is quite explicit. For a felony
committed by servants, pupils,
workmen, apprentices, or employees in
the discharge of their duties, the
employers, teachers, persons, and
corporations are made = subsidiarily
liable
16. This is consistent with the general rule
that criminal prosecutions may not be
restrained = by injunction = (Perez v.
Hagonoy Rural Bank, Inc., G.R. No.
126210, Mar. 9, 2000)
17. For Purpose of Public Interest =
Crime must be Immediately
Investigate
18. ( Domingo vs. Sandigan)
19. Criminal actions, when enjoined
(prevent) doctrine = It bears stressing
that whenever a criminal case is
prosecuted and the State is the
offended party, the case must always
be prosecuted under the control and
guidance of the State through its
government prosecutors. Accordingly,
whenever there is an acquittal or
dismissal of a criminal case and the
private complainant intends to
question such an acquittal or dismissal,
the same must likewise be undertaken
by the State through the Solicitor
General. This, petitioner failed to
comply. The present petition for
certiorari before this Court was filed by
petitioner Metropolitan Bank and Trust
Company. It was not initiated by the
Solicitor General. In fact, the Solicitor
General intimated to this Court in his
comment 15 that a reversal of the
assailed judgment would place the
private respondent in double jeopardy.
 Thus, this petition for certiorari must
be dismissed. =( Metropolitan Bank and
Trust Co. vs. Veridiano II, 360 SCRA 359)

20. his material witnesses could no longer

be contacted ----that despite such
manifestation of the complainant
(affidavit of desistance), he (fiscal)
could prove the prosecution’s case.”
Control of prosecution = Republic v.
Judge Sunga, G.R. No. 38634, June 20,
1988

21. What is Hierarchy of Courts?

= The Court will not entertain direct

resort ; unless the redress cannot be
obtained = in the appropriate courts.