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    PDF Criminal Procedure

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    ‘criminal Procedure Notes and Cazes (Aty.Tranqul Salvador) Peeverge 101005 CRIMINAL PROCEDURE ATTY. TRANQUIL SALVADOR First Semester AY 2005-2006 a Tagan PRORREITOTS of GFRRGE are whaly Wh Bie hands oF prosecuting ofiers andthe cour. ‘Fhe procedure e characterized by SECRECY. A Betton Prana of secne belre te mage nat 2 +. PU Concerned th the procedural steps hough which mina case ‘equrement thus, magisvate can proceed with nary passe commencing wit the rial vesupaton of ce {eaprgent tus, moist con proses th ‘Enclsng tte tncontana late ot te etre. Feta en ne en 2 Arter gratia sudgnee snes bot eae fra wil has een ‘caminal jusice, that te, laws and cours rues’ (Bbcks Law ‘ies Satara) During te Spanish pero. 3 (Method prescribed by law for the apprehenston and prosecution of . Accusatorial Requires all crimes except private ues (must be RRO PSI (SEL Stan cedars) Puntsnment eee bye nieces es ee somes ‘ised has 2 rt to be heard personaly or by 41. ilippine Rules of criminal procedure (Rule 340 to Rule 127) of UR gk of scone ogee od ncfnreion {he Rules of Cou (took eftea on January 1, 1964). The Rules Pane este tea neh TH nk oo REEL hn genet fee: mt 2, Yoa7 Conettuon under arte 1 (lof Rights) ‘Tharelaa night appeal 5 varus ats passe by be egiur ke BP Bg 129 Judgment doesnot tau the imprimatur of the court 4 President decrees ‘fist resor before tay stan fay Ste Orders ‘there shouldbe moral certamty of git to defet the & ecko of he Supreme court ‘oretonal presumpion of Tonotance (People Ws feu. ETT] Foner GT OS aT PES BTS Te cin! Law ve. Criminal Procedure Sytem ‘aur, wneh ness’ them imperdaly end: vende Tina a ‘ial rae Sutton ater ta Guet scatl) Saas wen 5 aahresten to cones ior te ato sya (eo ln roids at + Stbaanthe: f defines ines, | ® Revel powses ToT fralminaryeramnaton mes bo credited by © ge teas Uer nae "and| ” metoa by” meh a "penn Ettore e sates 9 waren stent whic on pert Prowdesfortetnerpunahmene | Seaed of’ cme i aresd, cf ingusoral syst whe accused nasa ight fe be ‘ean punished feat chs a sper of he sata site) rae WT Sa ee TART] a Prods Row Se PONTE Systems fC Proce Vena V. Verge Note: Courts proceeding in our Juda Setup is accusatoril or adversarial and ot inuisitorl in nature." GUE there are opinions that eur country subscribes tone tnd system, ‘criminal Procedure Notes and Cazes (Aty.Tranqul Salvador) Construction of rule Rules wil be liberally construed, enough to protec the substantial Fights ofthe accused (section 6, Rule 1 of the Rules of Cou), Peeverge 101005 When does jurisdiction attach Sunsdeton ataches when law has given trbural eapacty to entertain the complaitagairet the person or thing sought be charged” or affected, and’ that sud compli has acualy been 2 REUSE Eien ee toes he Seah etn ota Tet et trope ot SuRStanheaheiaipaintidna WaaatsacAhe Ales Of tpARiEStNNEn IS Wie ‘vefesaning tribunal to answer the charge therein contained (Republic omer b_eracseat nrudecon —— Fhe aunt sate Set adnate deco hr wat makeup a 2 jurisdiction. Where the jurisdiction over the person and subject matter, the en Een aller ace ran ees bso eta he +. PONCame from the Latin words “Jurs’ and “ico” (Lspeak by the law) | Msscton (6 Veyra sich rears pero he cpony gen oy tau tot | court may ac ist, wtout sion (makes te judgment vol): and Sie bi edn ero dmne roi” | 3S lp! en, nay ef wey ean tree nana a i Ee ctl wer ena ae tied rege tae oe 2 Ree wea of acer moton and preceed a | mth mt te adleccmtianas akc oon be pean of ens 9 Bs ener ra eueet s ter and Saran ater le A seaen mu bacnted SShareeo- napet ots coon ns basacon (roe ma Rowe). Q {a in force at the tine of the institution of the action a “rasta The power of the cout fo Beals wih fealty, the pla Where ‘ested in the cout, nt inthe judges. This when 2 complaints fled before one branch or Judge (ofthe same court, ex. RTC) Irate des not ata fo si branch or age an, "at tay be had or proceeding may continue by ahd before another Bratoh or judge! Distinguished fom venue ‘The pataor caunby oF geagrapled area, which 2 court wit Jitadicton may bear and determine a casey pace of ta. People vs Adal) cannot Se hed by the wl ofthe partes or diminished by the ‘Smsson or act of partes ‘opotonment of urs Is vested in the legiseture; may nat ‘anferred onthe court by the parties valved inthe offense. Detnton: the power ofthe tribunal to Near and try a particular ‘tfense and impose the punishment or (People vs. Martane). ‘hie court has abstract ursicuon ta and doce inal cases ‘commited within fs tertarljursalcton, cannot do So unless 3 ‘ormplaint or ormation has been ed in court. exciive radios over al cases involving i) "Weatons of he aneeete and corrupt Practces 0 st Chapter secton Zotac Vi ft Rec where one of more principal accused ae ofals ‘ezupying postions in the government (atonal and toca cas ith salary grade 27 or higher) + Appelatejuraseion over seased whose poston ts lower than ‘iy oede 27 co Bapreme Court Vena V. Verge Peeverge 101005 A General Principles ‘PEOPLE‘VS. MARIANO Facts: Hermogenes Mariano, 2 uason oficer by then incumbent municipal ‘mayor Nolasco of Son lose dl Monte Bulacan, was authored to recatve fom EX “or the use and benef of the s40 munlopalty sictre aes measuring 150 ft and 250 feet and a cable power measuring 525 f- with {otal vale of $717.50. Instead of dalverng the sld materias tothe mayer, he appropriated the same to his personal use to the prejudice of the ‘muntpalty. The provincial Fiscal of Bulacan then led an aration for tafe agaist the accused wih the Court of Fist Instance of Bulacan. The ‘Saused fied a mation fo quash onthe ground contending thatthe court has fo Jurslcuon over him considering that te miltary commission had already {ken cognzonceof the malverstion case against Mayor Nolasco valving the ‘same subject matter. The judge granted the mation, hence this appeal Issue: W/N the civil courts and mitary commissens exercise conasrent Jursdcton aver the offenses of Esta of goods allegedly commited by 2 Deceion: Jurtatcton isthe basic foundation of judkal proceeding, which {indamently means the Pema” or capac veh by the ow fo Zour ‘buna to entrain, near and determine comin controversies. Iti the ‘uthoety to hear and wy a particular offense end impose the punishment fr “The jurisdiction of courts derived from the constution and statutes in force {2 the time ofthe commencement the acon. Under the luday Act of eSB prOvlded By Re ae matches Tense than Sek many ‘ine of mare than two hunted pesos. The crime commited by Marian Punished by ingrionment fram 4 ments to two yest "Thi tas under the rginalJuradetion af curs of Rest instance. ‘The rule Is thatthe court which fst take cognizance of the case acquires Jursdction thereat exclusive of the other apps only where both courts have ‘onaurert Juriiicton over patcula’ case charged. The stualon does not Involve two buna vested with concurrent jusalcton over a partcuar erme s0.as to apply this ule. As special stated in General order no 48, which Fedefined the jursdetion of mitary tuna, the itary commision, Is nat ‘ested with Jursatlon over the cme of tata, Cases (Atty. Tranquil Savador) ‘MMICED STATES vS.UEYES ER No S002 SD ANgUstT9IE Faas: On several instances several men entered towns all with the Jurstction of hmbos Camarines (which at the date of the commencement af {he ation were already par ofthe province af Tayabas), robbing, Kidnapping ‘nd ling Several person. They were charged wath the cre of begandoge ‘Sa ther gut has been established beyond reesnable doubt. The appellants ‘ounselnssts however thatthe cour of TayabashadnaJursdition toy the ‘caused forthe reacon thet the territory where the acts complained of were ‘Committed belonged tothe Province of Ambos Camarines a the time ofthe ‘ommission of the ats although has been since wonsered to the Province ‘ot Tayabas and that Secton of Aet No Sif is lavald as opposed to the Phppine Bl Issue: W/N a cour has jurisdiction over crimes commited In 2 particular leat prt he me ich oraly nas nelued amin he ration Decision: the general rl is that jurisdiction of a court determined by the (2) geograrhical mts of the tetory over which It presides, and (2) the ‘belans iets empowered to hear and decide. "A court a inchoate ight {uradction ver af cmes committed within ts juradtion, which fe perfcted ‘nthe insuution of the acuun. If however, it loses juredicion over & patiaier acton becuse ‘te tenitoal mts are reared. prior to the FRetuton af te action, flea loses ths inchoate night to Juradiion in favor ‘of the court to which tne tertory is transferred since Ils unnecessary to prolong courts existence ndeintly ater beng legal abaished ‘The tertory where the acts complained of athe case at bar were commited faving been tronstered tothe Province of Tayabas porta the instiuuon of ths acon, the court of the that province where the units have been Uwanderrad shall have JjurSaction to, heat and determine the case. The {stumpton of juraicion over crimes committed before juredition was ‘onfered (snot violation of the ex pst facta cause “The decison was ated. ‘Vena V. Verge Peeverge 101005 Facts:_Plantit fled an action for condemnation of certain rel estate lands in {he Gr of Tarae Its ategad inthe complaint tat the plant auharteed by law to construct a ald ine from Panigul to Tayug in the province of ‘Tarlac. After fing the complaint. The psi, pending final determination of the scion, took pesseson of and ocaled the lands descited In the ‘cemaleinibalirgats Kae.ard aneaardhasramern anwar white hac {athe court had no jursacton ofthe subject matter, because as determined by the planet, the and sough to be condemned was situated in the Province ‘of hiueva Ea instead of Province of Tarlac as alleged inthe compat Issue! W/N the CF of Trac fas jurisdiction over the case Decision: Section 55 and 56 of Act No 136 ofthe Phitppine Commission confer {uration upon the Court of fst tnstance of these alnd with respect to Feat esate stating thatthe jursdion a the CT shal be of tw kinds: Onna ‘2nd Appetite, Tt was the intention a the Pippin commission to give ta the G0 the most perfec and complete juracton pesdble over the suet ‘matters mentioned in connection theranitn. There fo-no suggestion of Imtation” The juratcton is univers "So far as juradcton over subjct ‘mati concemed, tie CF of ene province may there is no objection by ‘ny ofthe partis, ake cogelzance af an acion in reference to realestate icestd in another province, Certain statues confer jradction, others provide forthe procedure by which {that jussletion Ismade efecive” The purpose of proceaire fs hott estict the juradcion tothe court but to give i eflactiveness. ‘The laying of venue Is procedural rather than substantive. 1 relates to the Jursdtion ofthe court over the person rather than the Subject mater. They {Ssmbish » rebton, nat bebveen the cout and the suijed mater, but Between the plait and the defendant. ‘The Philppne Commission has in fules phrase given the CFI unrestricted Jursdetion over real estate in the Island by act no 236 and that Jursalcion ‘ught nat tobe held to be withdrawn except by vitu of an act equally express ‘rao clearly inconaeten therewith asta amount ofthe same tig, ‘Venue snot connected with jursdiction over the subject matter. Ifthe partes onsnt thereto there 1 no legal reason why the CFI of Mana may not ‘ognizanceof and determine a controversy afecing the te to or an iterest a feal estate stated in another province. With the concert of the defendants ‘xpress or implied, the venue may be lid and the action tied In any province ‘Selected by the plaintif.Any one of the defendants who have lands yng In Cases (Atty. Tranquil Savador) ‘another province may also choose the venue. In such case, the action as tall ‘he defendants not abjecing wauld continu os tothe abecing defendants “The plait naving brought the action must Submit Rel to the jursaicion of, esos aHinetvanags abi alan Ne CaainaVROhRRRRREHAR ‘the court has no jurisdiction over. EMILIO REYES VS. DIAZ LR No. 48753 26 November 3943, Facts: The protest Is quesionng whether the protestants certitcte of ‘anddacy has been duly ed. sugh wil evertually detemine whether tre ‘aurt has Jurtiion aver the ratter.”"The partes ae in agreement that if Indeed the proteste Mle hs canddacy, then the court has Jursleuon over the «ase, Otherwise, the cour wll have to emis: the case They are ‘therfore not questioning whether the Wal court has justin according to Issue: W/N the tal court has or as no author t pass upon the vality of ‘the ballots adjudicated to the protestant, which ave not been challenged by the protestesin hs counter protest Dedsion: tt has bea held that the wor! “jradiaio as used in the {Serbon an inte nies mean Juracton fe sft mater Senge! Sursdicion oer the subject matter i the power tonear and determine ‘ates ofthe general dass ta which the proceedings question belong ands ‘anfered by the sovereign authory which organuzes the court and defies Hs powers 1 order thatthe court may validly try and decide the case, It must have Jursdlon over the subject matter and Jursdicton aver the persons of the Parties. But in Some instanees, it sald that the court sheuld aso have Jursdicion over the issue, meaning tereby that the Isue being ted’ and ‘Geided by the court within the lsuee raised nthe pleadings Jurisdiction over the issue's diferent from jurisdiction over the subject-matter. ‘The later being conferred bylaw andthe former bythe pleadings. Duration ‘ver the issue may be conferred by consent ether express of implied of the Parties. although anisue isnot duly pleaded, k may be validly be tied and ‘Gecided if no tema objection ls made thereto by the pare, ths cannct be ‘done when jursaction aver sue materi involved Juricion aver the ‘Vena V. Verge Peeverge 101005 Issue is an exception ofa principle that is involved in jusdition over the persons a he parties ‘The orignal question posed bythe court was net answered Erne, 74858 20 anuary 1988 Facts: pettoner, a member of the Integrated National Police of Tadban, was ‘rec trafte st around 6PM i the intersection of BurgosTarcela Lucente Streets in Tadaben City when he apprehended one Romeo Lazano, 0 motorized ‘wey deer, for a tae velton. An ateteation ensued wich resulted in {the'doath of the lattersia widow fied an admintative complaint withthe NNAPOLCOM, which found petitoner quity of less grave miscondud and ‘Suspended him for she month without pay. Pending the case, Ramon’s widow also fled another case for homie atthe Fie stsnicTaclaboneFndina ema foc medearsiberenabegeteoh EN ‘endorsed the ling ofthe homicide case. The sald case was fered t0 the tmilary authorties pursuant to PD 1850. "The general court Maral was ‘convened but peluoner asad Rs Jursaicton over te case aiging that EO {040 in relation to £0 1020 Wansterea jurisdiction aver members of the PNP {the NAPOLEOM Issue! W/N the General Court Martal has jurisdiction over the cas, Dedsion: Junsdetion fs the power with which cours are invested for ‘Saminstring Justes fore hearing and deciding cases. Courts inthe Philpines Rave no carmmon low jusation or power, but only those expressly conferred bythe Constution and statues and tose necestanily pled to make the press powers effective 1s expresty stated under £0 1012 that ts only the operation superision ‘nd direction over al units ofthe Integrated National Poe force stationed oF ‘Ssigned in he diferent cles and municipalities that was ansfered tram the Philppive "Congabury to the city or muntipal government concomad. Lkehise, £0 1040 vansfered merdy the exerdse of admnistrative control ‘ver all units of the Integrated National Police throughout the county tothe President This snot the same a5 transferring of Jursditon or authorty of @ ‘court-martial to hear, Uy and decde 2 minal proceeding against lle otter. Cases (Atty. Tranquil Savador) ‘when the case was fled in 1982, there can be no question thatthe respondent General Court Maral had Jursdiion. since juradiion had propety bean ‘Sxerzed from the star emain with the milter coure mata uniss aw ‘Sipressy dvest it of the jursdiaion. Ils @ Tule that once urslaion Is ‘Sequired, remains Unt validly transferred by the proper authorty according tolaw. Ris notintended by the legislators to repel PD 1850, ths, the court marta's Jursdiion remain ALS, SANDIGANBAYAN Eres tosses a 08 August 1999 Facts: pebtioner George Uy was the deputy comptroller of the Philippine Navy ‘designated to sc on behalf of Captain Fermander, the litters supervisor, on ‘ater relating ne actives ofthe Fiscal Contra Branch. Six informations fr Sta through falsiteston of offidal_docamens and one Information for Wolaion of Section 3 of Ra 3019 (ant-graft and corupt practices St) were ‘leon the Sendioneboven anainstinvenngienes Pd ARatngenee ee Ia recelved 1,000 plees of seal rings when in fat, ony 100 were ordered. The Snaiganbayan recommended thatthe infomation be withdrawn against some ‘ofthe ecaused after a comprehensive lnvestigauon. Petioner fad a mation to quash contending that i is the Cour Marti and Rot the Sandigandayan which hes justin over the offense charged oe the petson of the accused Petitoner turher contends that RA 1850 whlch Proves forthe justin of court marl should gover ins case Issue: WM the Sanaiganbayan has jrslction over the subj criminal eases forthe person ofthe petioner Decision: The fundamental rules thatthe jurisdiction ofa cour i determined by the statute in fore a the time e he commencement ofthe action. Thus, Sendiganbayan has no jutsdeion ever the petoner atthe time ofthe Ming ‘of the informations aid as now prescribed by law. RA 8249, the latest ‘msendment of E1605 creating the Sendiganfayan provides that such wil have Junadiction over volatons of RA 2019 of members ofthe Piippines| ‘Amy and a force colonels, naval captains and all offices of higher rank. In the case at bar, while the petitioners charged with violation of RA 3018, his Patton 95 Lestehant Commander ofthe Pippin Navy Bran iw than “fava capaing and all ofiers of higher rank", Te must be noted that both the NNRTUNE ofthe OFFENSE snd the PESTTION GCEUPIED BY THE ACCUSED are ‘ondtlns SINE QUA NON before Sanaiganbayan can validly take cognizance of Vena V. Verge Peeverge 101005 ‘the case, Thus, regular courts shall have exclusive Jursdition over the person ‘of the accused ‘ar provided by the Sandiganbayan Law which states that“ ‘ase where none of the accused are occupying postions corresponding to Salary Grade 27 or higher, excusive orginal ursdcton shall be vested in he propor Rr, a MTC ar MEE pursuant ta BP Big 123, Consequently, It's the RTC which has jurisdiction over the offense charged Since under sécton 9 of RA 3015, the commission of any velaton of said bw hal be punished with imprtsonmant for nat las than Six years and One ‘month tlFIFTEEN yeas. The ndctment ofthe peitoner erfare cannot fal vwthin the juradition of he Te, METE NCTC 2. duredition determin bythe postion Ein taza! 0 January 1987" Spatial Aaguenrtduapided Wher cfAIBeS emarwatlene oP BuRARRITSF WReIDAD ARLE Ppemarmgst ces teenie recta je Sav eee eg ne nan eg SEI ce viene Nees iy Shea pear ns Sens ote Daceraeae nd $e eh Set tne ee ine Mn Tin aeons Naa vrepat hg snus ot pares es Sop ons Senet Sree a ees Shee Issue! W/N the Sandiganbayan has jusdicton over the case at bar Decision: The court demissed the case. Its rue thatthe crime commited na longer falls within the purview Gt A575, Fowever, RA797S only tank effect ‘one year after the common ef the crime charged’ Tt mutt be remembared ‘hat lor purposes of Section # of Ra 1606 wich provides that Sendiganbayan, has exdusve jutedcton ove caste commited by publ offer and ttle natant neice, te reckoning pen ste time of he Under PO 1606, the Sandiganbayan has jurisdiction over who at the tinea ha crac oe me's accpning'apoion nate 8 Say fess than 27! "tiowaver, he's being prose 5 covcenapraer of the Principal accused who held’ poston higher that grede "27 thus, section 4 of Cases (Atty. Tranquil Savador) PD 3606 which provides hatin cases where none ofthe principal accused are ‘ccupying the postion to salary grade 27 of higher, RTC, MTC, METC or MCTC ‘shallhaveexcsive ursciction wil apply [Rms be noted that before the enactment of RA 7975, what mates isnot ee aT eee ae ‘ny to persons (rnpl accused) having a sary grade of" Ts, being hatte san yb enone fe Petion was denied cuca vs. sanoicansavans in no 137017-18 08 February 2000, Facts: the Graft Investgatin Ofer found probable cause against Ramon ‘utcoforatnena Farina 35 aL aS wpa Secon 3hat the same Fespondants. The Ombudsman approved the recommendation and the prosecution fed he fformation with the Sendiganbayan,”Patitoner ed’ 3 Fotion to quash for lack of Jurtslction contending that at the time of the ‘cmmssion ef the efange 1999, ne was occupying te positon of Bwector 1 Salary Grade 26 thus RTC has jusdicuon over the ease. The prosecution ‘id ot oppose such scbon. The Sandiganbayan however denied the mation, hence, th appeal Tssue:_W/t the Sandigarbayan has jursdcton, Decision: The Sandiganbayan has 1m Jursdcton over lation of Section 38 ‘onde of RA 3019 unos committed by pullic ofleals and employees ‘ccupying postion of regions director and higher with salary Grade "27 and higher. Petuoner sdmitealy oauped the postion of Deter It wih salary Grade "26" under the Compensation and Position Clasifestion Act of 1969 ‘hus, Sondiganbayan incurrad serous error of uration ating petfoner to the relet prayed © sursdieton determined by the allegations ofthe complain. AUAYAYS. POLO ER Ne. 75079 26 January 1989 ‘vena V. Verge Peeverge 101005 acs: _Pettoner Solemnided uaya was an insurance agent of Countey Bankers Insurance Corporation who was authorized to Wansoct insirance business and calect premiums in behaf of the corporation. she was requ {omake petodic reports and accounting of her transactions and emit premium ‘algions tothe principal office af private responded located inthe City of ‘An aut was conducted on petitioners account which showed a shortage of Php 3007. As 2 result, she was charged with Estafa before the. RTC with Fespondent Hon. Polo. Petitioner fed 9 msion to asmiss which maton was ‘denied by respendent Judge. “The subsequent maton Yor reconsideration of ‘ha order of denial was alse denied Pettoner contends that RTC in Mania has no jurisdiction because she is based In Cebu Cty and the funds She allegedly misappropriated with calected in Cab ey Issue: W/N the RTC n Manila has jurisdiction Decision: The general ula that the denial ofa motion to dismiss ar to quash, being iterocutory in character cannot be questioned by certoral and cannot be subjea of appeal However hs rule i subject t certain excoptons. The Feaaan i that k would be uf to require the defendant or accused to Undergo the ordeal and expense ofa tal of the court had no jutsdion over the subject matter orofence ort not the cour of proper vere. 121s a general rule that averments in the complaint oF information characterize {the crime be preseated and the court before which must be Wed. Section 110 ofthe Revised Rules of Court provides: In al cminal prosecution {the action shal be Instuted and tried inthe cour or muniipalty or province Wherein the oflense was commited of any of the essential elements thereat teak pace ‘The subject informatio charges the petitioner with Estate commted during the pered 1900 to June 1968 inclusive inthe Cy of Mania.” Cealy ther. From the alegatons ofthe aration the RT of Mana has Jurado, Besides, the cme of Esta isa continuing crime, which may be prosecuted at ‘the pace where any of he essental elemeres ofthe ee took place. The petitioner leary prejudiced privat respondents in Mana and therefore, the Petion was dissed. Cases (Atty. Tranquil Savador) us vs. cauueios Enno. 12738 OF December 3917, Facts: From November 1914 to October 3946 inthe municipality of Cebu, the as Has nag alles avhecmniianake mile Bena benagua canals (ofthe Justice of Peace of the Municpaly of Cebu, Marlano was arested but Bent remained at large. Marana was areigned and was found gully ot ‘duly. "However, Mariano fled a maton to suspend theta unt his ox ‘efendant i arrested and brought to the court. The molon was denied Record shows that the complaint incuded both defendants, Issue:_W/N the court coud proceed with the tal of Marana even if Bent Is rot present Decsion: While the compbint for the crime of adultery must be presented ‘painst both ofthe cups and by the offended person yet the lw Permits ‘snearstpariafpoaedher der episintbsmoniow arauifoadhesapenatos be tied separately. Separate tale may be had: (3) when etter ef te partes Fequest i () when'the government is satisfied that the man aid not Know {that the woman was marred (c) when one ofthe pares has died before the time of the tal; ad (@) when ane of the partes escaped the jurado of the court and has not been arested Moreover, the aw clear provides that In furtherance of justice, the court may ‘rare ether of the partes the right and opportunity to adduce addtoral ‘idence bearing upon the main Sale question. The question af ursicton ‘of the court f always 2 Quiston of importance; and W the evidence necessary to prove the fact, as si all minal eases, so fr as the place of {the commission of the crimes concerned, andthe prosecution fas to prove ‘that fac, im the interes of Justice the Court may always amit addons Sentence of lower court was afemad . _ursdietion acquired forthe person of the accused Facts: The complainant ose Dadis fled a case forthe attempted homicide ‘gainstArston and Rafoel Anadis. Wl the cae spending, Jose Dads fled 1 aftdavit of desistance and was no longer interested In the prosecution of Vena V. Verge Peeverge 101005 ‘the case. ose said that he had forgiven the accused and that his materal ness could no longer be contract the court then ited the order of arest, ‘Canceled the bal bond and ordered the relenae ofthe accused “The Provincial Fecal moved fr the reconsideration of the onder of dismissal, hich was denied, ence this appeal Issue: W/N the court may dismiss a cminal case onthe bass of an aftdavt ‘of desstance executed by the offended party, but without the motion to “smiled by the proseeatng fiscal Decsion: The fing of @ compbint oF Information inthe Court iiated 2 ‘iminal action. ‘The Court thereby atqulesjurstction over the case. When ‘ter the fing of the complant oe Infomation @ warrant of seat of the ‘caisad is wed by the tral court and the aeaisal either vourtarty Submitted inset to the Cout of was du¥ orteste, the cout thereby ‘Squired uradition over the person ofthe accused dometiana srs dhasees Harr thenjaml shes bneddeemeretoahe {his jursdcton is that once a complaint or information Is fled in court any ‘postion of the case aus dlamsal or the conviction or acquittal of the ‘Scused rests in the sound diction ofthe cout, Although the Neal retains ‘he dvecton and contol of the provecton of criminal cases even wile the ‘ase lead in court he cannot mpose his opinion on the Wal court because the detention of the cage is witun its exausve Jufdclon and ‘competence. The only qualicaten Is that the action of the court must not Impat the substantial nights ofthe accused or the right of the People to due process oa ‘But to avoid similar situation, the court takes the View tat whe Cespe doctrine has slted that te tal cout isthe sole judge on whether a ermal case ‘should be dsmiseeg il ny mave onthe par ot the complainant or attended Barty to dismiss the ering case even f without objection of the accu, ‘Shoda fst be retered to te prosecuting seal for his dwn ve on the attr He's after al, in contol af Ns prosecution afte ease and he may have Ms ‘en reasons why the case shoul not be dismissed E—_rsdieion s conferred by law and not by waver ER we aiet to October 1907 Cases (Atty. Tranquil Savador) Facts: The complainant Teofa Sevila charges the defendant withthe crime of Seduction under a promise of mariage atthe Ume when she was less than 21 Years of age. Te complaint was fled by her father when she was akeady 24 Years old) The court contends that the alleged seduction could only be Inetuted and maintained at har instance since she was already of gal ge, ‘otherwise the ta court shall have nojursdiion over the offense charge Tssue: W/N the court has jurscctien over a complaint. Decision: a5 provided by the RPC, complainant can instute criminal action ‘Sgainst the defendant in cases of seduction should it be proven that she i ‘Steady of the maprty age. Albowgh the parents and guaduns are Imendoned disjunaivey) stl, the right to Insitute cimnel proceedings in ‘Stes of seduction is excise and Suecesswely Teposed in tese persons in {the order in which they are named so thet no one of ther has author to proceed if there is anyother person previously mentoned therein with legal ‘apocty to appear and instute acon, Linder a Byhspdave wapencZhwere ain ahead ‘the cade. The right to appeat and prosecute ot defend an action inthe cou i= Rot one of these exceptions and, Indeed, iis inherent tothe fll exerese of un gh Under the provision of the RPC, Jursdlction over the cme of seduction is ‘expressly denied the tral cour unless such jursdicton be confered by ane of ‘erin persons spedfied in the law, In ths case by the offended persan hers. Ths important nat ony for the sufiency ofthe complaint but goes (fet othe rciction of the cor ve the crime, Lack of uration vet ‘he subject matter is fatal and subject to the objection t any stage of the proceedings, eter In court below of oh appeal. Where the subject mate Pot wih the Jursicbon, the cout may dismiss the proceedng ox mero Jursaieion over subject matter ina Judicial proceeding is conterred by the Sovereign authortty, whch organizes the cout eis glen only Bylaw and in ‘the manner prastioed by law and an objection based on the lack of uch {radeon eanndt be walved by the partes. 2udgment was reversed and the complaint was dismissed, Fedo not conferred by consent US.VS. REYES ER No.472 28 Api 1902 Vena V. Verge Peeverge 101005 acs: the complaint chamges the defendant withthe crime of Estafa and {alsitcation and aleges the former, being an employee ofthe Mana Dagupan alway Issued a ket to passenger wo was going from Manat Calaoean ‘nd continued his bp to Malolos The aiference in the fore is peso nd 22 atEncTBE URKPLUER TUBER ADAH DGS MAORI RGA ARE _2ppropriating the balance othe sum. ‘The complalt was not able to pracizly desgrate the place where the {alsifeaton was commited not whefe the pproprstion occured Issue! W/N the cour of Tavac has jurisdiction to ty the case Decision: The crime of Etata was commited atthe where his account was fendered and the stub ofthe fale teket was tumed In this case, the stubs ‘nd false teats were turmed in Tarlac The court In Tarlac thetefore has Jursdeion Since is within ts terry that the acused made use of the document aleged tobe ase and where the flscation was committed ‘The fact thatthe CF took jutsdetion ofthe offense charged, because in the ‘pinion af the court, the place ofthe commission ofthe cme was nat cleary Shown, is not an ebgade to the court dedaraton tif to be widow Juradtion as soan as the lac of Jursaichon appeared from the proceedings Suteequenty nad.” urlsdcton over criminal cases canner be contre by “The appeal was granted. (G._ stopped by laches to bar atacks on jurseion ‘PEOPLE VS, REGULARIO ERene. doles 23 March 23, 992 acts: Accused tagether wth several ethers murdered on Menardo Garcia in Leena.” Durng arragiment, the eppelants entered @ plea of not guly however, before the proscuton rested case, Regaaro and fis accomplice Pabiar, changed thelr plea to gully. after tl all ppelants were found ‘ulty of the offense charged. Appelart’s coins fled a. motion for Feconsgerauon on the 14” day of the 15-day period for appeal, which was ‘denied, by the Wal cour. They then Med a notice af eppea whieh was dented Tor neving bee fed eu of tne (10 days ater he recip ofthe Test denial). Issue:_W/M the court can stl exerlsejursdiaion over the case considering ‘tha the appeal was fled outa time Cases (Atty. Tranquil Savador) Decision: The tal court was comect i rejecting appalan’s noice of appeal ‘See twas fled Beyond the reglamentary period. However, a: People vs ‘Toman although the appeal of the accused was demonstrably fled out of ‘ume o obviate the miscrlage of Juste, the cour nevertheless reviewed he Ft A AFR BS ERED URAL MOREA ‘coursel. The same may also be grantal in the present case adopting the Principle estappel by laches to bar stack on Jursdition Facts: Spouses Serafin and Falstas commenced a civil case again spouses Sbonghany to recover from them a sum of Php I+ with loa ntrest. A Wet of atachment was issued by the cour agaist the defendants properties But the same was som dissolved. After Wa, the court rendered jusgment ‘favor ofthe plants and afer the same had become final and extcutory, the usted poche AaRP Scene xT {he Surety bond subsequerty te Surety moved to qlosh te wt onthe (and tate same wos enue without surmery hearing; Ths was deta Ste ere ‘Sucetysppened nthe C, when non agaat Send Tis me, ‘Me surety just ented fron extunion ore for hem t le te mation Or Teeonaieron But nstea of frg Yrs moti for ecoreraon, le 2 ‘tn das Saying that by ie SERA 296" the bee ‘Scclusive Junction of inion courts ll el actions were the value of the Sdbert ater doesnt exec np 2,000.00 Cr therefore as na jraeton Sve te eae‘ queston of Juradetion was fled by Be Surety On 15 Yesra em the ume ie con we commenceln te Issue! W/N the case shouldbe dismissed due to lack of justin. Decision: Ate voluntary submitting @ cause and encountering an adverse ‘decision on the merit, i too late forthe loser to quaston the juradton oF power ofthe cour ‘The rule Is that jrisdicton over the subject matter Is conferred upon the ‘Burt excuive By law and asthe lack of Wale the very author ofthe cur {a take cognizance ofthe case, te objecion may be rlsed at any Hage of the proceedings. However considering the facts and Greurstance af the present Eases, a party may be barred by laches ffom involving this pea forthe fst {ime tm dppedl Yor the purpare f annuling everything done inthe case A ‘Vena V. Verge Peeverge 101005 party cannot invoke a cout’s jurisdiction and later on deny It to escape @ penalty. Hh Adherence of uredition DELA CRUZ ve. MOYA, Ene Lasig2 27 apr 1968 Dectrine: Once juredaon Is vested in the cour, fs retaied up the end of ‘the tigation. Facts: Rodoto de la Cruz is & member of the Armed Frce of the Philpines ‘assigned to the Inteligence and Operation Section of the PC Company, {ogetner with other PC me, received # mason order to proceed to Davaa fr {the purpose of vertying and apprehending persone who ware engage i legal ‘aekighting whic they compte with, The operators of the Hlgal cocight Including the deceased Cusebio Cabitefolowed the solders on tek way back tauhe.readquarters Fighting ensued and in the sculed, dela Cruz shot ‘The pestioner was charged wth hemicde nthe CFL. Claiming thatthe crime {or wich he was chaged was committe in relation tothe performance of Ms ‘dives, pettioner fled motion to transfer the cae to the matary autores {oe could be ted ins court marl, The motion was dered Issue: W/M the evil cours have jurisdiction over the subject matter of the Decision: One ofthe essential requisites of avai court proceading I thatthe ‘court hearing the case must have jursdicuon over the subject matter of the ‘ase. Ifthe courts acing without Juradion, then the entre proceedings are Ful and void. aursieuon aver the subject matter Is determined bythe sate Inthe force at he time of the commencement of scion, ‘The case was fled on August 2, 1979. On such date, by vizue of Gener! Drier no 39, miltary tbunale crested under general order No.8, exerlsed ‘Scie jreaction over al efenses commited by mltary personne! ofthe [AFP whe Inthe performance of thai duty provided that aceruteate rom the Secretary of Natinal defense for the purpose of determing whether the ‘fence was ral committed wile Inthe performance of a duty "This proviso ‘doesnot n any way prec the courte tram mang any fining as to whether ‘an offense is dutyconmectad. Nor dae lt make the certficate 2 conditon precedent forthe xeric by eter civiian courts cr itary tbunals other Jursdetlon over efenses commuted Cases (Atty. Tranquil Savador) “The fact that there was a mission order and that the victim was shot while Datitoner was executing the mission order sompets the court to decare that Fespondent court was wihaut juradton. Petion was granted. ‘PEOPLE VS, MAGALLANES Doctrine: ursdction ona acquired Is net affected by subsequent lepsiatve ‘enacbment placing Jutsdlction m another wbuna. It remains with the ut nut the cape ls fray terminated. ‘Sandiganbayan of the cout 35 the case may be cennot be divested of Jurisdiction over eases fled before them by reason RA 7975. They retain tel jursdion unt the end of Itigaton. Facts: The Dumancas spouses complained wth the police saying that a cartain Rati Gargar and Donib Lumngyao swindled them. The accused together act andy aura the syininn aspera anaJocent ‘dead a few days after. Two Informatens for kidnapping for ransom wth murder were fied withthe RTC agalnst members ofthe PNP and nine other ‘Gvitas wh confederate with each othe or the purpose af extorting money. ‘rough laanappng the two vicims. Petoner contends thot the crime was ‘commited n the course of the performance of dues of the accused, thus, Sandiganbayan should have ursticton by vitu of PD 1606 Issue: W/N the RTC of Bacolod oF the Sandiganbayan that has jusdetion| ‘ver the two ermal eases for kidnapping for ransom wth murder wherein Some of he accused implicated 25 principals are members of the PN. ‘ete imeshestnersahanglntarraldsrasenonare fi tbe bee Wich provided thatthe Sandiganbayan has orignal Jurisdiction inal cases Invaiing puble offcers ond employees who commited felonies in aaton to thir offce, uhich mast be alaged in the complaint. An offense Ie cansdered ‘2 commied in relation tothe office cannot ext without the oes or if {hee athe consent element ofthe cima as defined nthe statute Risa fundamental rule tat jursdction s determined by the allegation inthe ‘complaint or formation Inthe case at bor, the iformation in the court do hot indiate that the victims were kilad In the coutes of the Investigation. ‘Wha was alleged is that the acaised, for the purpase of extading a ‘exhorting 2 sum of money, abducted, kidnapped, detained and tiled the two Vict “Me allegation of “aking advantage of is positon” Incaporated In Vena V. Verge Peeverge 101005 the information isnot enough to bring the offenses within the defintion of “Offenses commited in relation to pute of ‘The Sandganbayan partly lost ts exchsive orginal Jurediion in. cases Invalving viabtion of RA 3019 95 amended, RA No. 1379 and the RPC It ae ay sas gr Un PU av sain PaR JsaL ea ete ‘Act of 1989. RA No 1975 cannot affect the jutsdicuon ofthe Sandiganbayan ‘Since jurediaion ence acqulad Is not affeded by subsequent legisatne ‘Enocoment pacing juiscction in anor tribunal. Tt remains with the court na he a ay emt Hence, he Soncietayn oan cher In the case at bar, Sandganbayan has not yet acquired jredction aver the Stbjact ermine! cases. as tne informations were fied before the RTC ‘Assuming that the informations were fied with the sad trbunal, the Sendiganbayan can no longer proceed ts hear the cases in view ofthe express prowsion of Section 7 of Ra 7875 tat al crminal cases in which the wal has rewPenuninth anrenbanag eben referred tote proper cours WLS. COURT OF APPEALS meno, 119000 28 ly 1997 acs: whe Rosa Uy was helping hr husband manage ther lumber busess, She and a fend, Consolacon agreed to form a partnership wherein the ater Wil contbute dltonal capital as industrial partner for the exparsion of Rosa's umber business. Varous sums amounting to Php 300,000.00. vere ‘aimed to have been given by Conselacon for the busines, but Ma receipt was eve" isaied The Wendship of the two tUmed sour’ thus, Consdason ‘demanded the return of her investment but the checks sued by Rosa were ll ‘dishonored for ineutciency of funds Consolaction ed @camplaint fr Estafa and for vidation of 6° 22. The Manila fre acquted the petitoner of Estafa but convicted her ofthe charges under BP Big. 22 Pettioner contents thatthe tril court never acquired juratition over the ‘offenses under BP 22 and assuming arquendo that she raised the mater of Sitcom ony upen Sopa, spe emt be opp from quo te Issue:_W/N the RTC of Mania acquired jursicton over the viltions ofthe Bouncing checks Law. ‘criminal Procedure Notes and Cazes (Aty.Tranqul Salvador) Decbion: Terrtoiljuriticon in criminal cases i the terry where the court has Jussdcvon to tole cognizance or to Uy the offense allegedly ‘ommittat therein by the accused” This i cannot take Juriiion over 3 person charged with an offense allegedly commited outside that ofthat imted etary. dursdlcton of the cart fver 2 criminal ase fs determined by the ise ean EEA PER EAD AU [oud emis he aio for want of juredton, vie cours In the case at bar the crimes of Estafa and violation of aP are twa aierent ‘ottenses having iflerent elements and naceasriy, forthe court to aequlre Juratetion, each ofthe essential ngredlents ofeach cme hasta be Satis ‘The respondent courts wrong to condude thet hasmuch as the RTC of Mana _bcsulred jurisdiction over the Eta case then le alsoaequvre juradction over ‘the wotlon of SP 22. No proof nas been offered thatthe checks were lsued, delivered, dishonored regleraecabsnyYlicimacnti ets Aceyced Nandan areeeer tl ‘other Rand, as a continuing offense, may be ted in any jurslction where the ‘offense was in port committee. Petioner seo timely questioned the ursdion ofthe court [As provided by Jurtprudence, we can see that even ia party falls to Me 2 ‘motion to quash, he may stk question the juradton ofthe cour ater on ‘The general rus thatthe jurisdiction ofa court over a subject matter of the {elon s a matter of law and may not be conferred by consent or agreement of ‘he partes, The lack of juradiction of a curt, may be raed at any age of ‘the proceeding, even on appeal However this rule has been qualified inthe case of Tyan vs, sibonghanoy wherein the defense of ack of Jutsdion a the court canbe held tobe bored Dy ocnes" ‘Tie case however cannot be applied in the ease at bar since the ‘asad nat guity of aches. pte ICof Mana has no justin over the case ‘Exceptions othe General Rule of Adherence to Junsaton 316 SCRA 65 01 October 1999 ‘Vena V. Verge Peeverge 101005 On Sept. 7, 1994 the office ofthe Ombudsman fied before the Sandiganhayan ‘ne infra for lotion of or220 of RPE (legal use of publ fans and 2 wolation of RASOIG (ant-graf), which were amended on Sept 15, 1994, ‘snalneb ey aRS NY AER ISR ME SAP OPH ATRTSERS E 15, 1995, ater Ra 7975, redafaing the Jurscction of the Sandiganbayan, tok ‘ttect (ay 16, 1995), ay fled a mation to refer his cases tothe “proper ‘our for further procceangs, but was denied bythe Sandiganbayan. As such he fled 9 petton for certorar,prohbiton and Mandamus question the Jursaction ofthe Sondiganbayan beer the Supreme Court. Marlo Magsaysay is the mayor of the Municlgaity of San Pascua, Batangas, al of his covpettiners In ths case are offiaals of the same mmuniapaity- ‘On Apri" 16, 1984, Viewr Cusi, V-mayer of the. same Tmuntpalty, charged’ pettiones wiih vilaton of RASOIS for overpaying ‘Vicente de la Rom (aio petitoner herein) of TOR constacton for the Ipndstapioaertea oaneSandianuals anil et Sanaganbayan.” However, it was fled in the ATC of Batangas instead, Peculty the information was signed by the same Aa. “Subsequent, te Concerned Chzens of San Pascua, batangas, fled a compbirt bere the Ombudsman agana the pettone’s for the same \iolaton. Therestter anther inforation alleging the same offenaz was fled before the Sandiganbayan,Petitonere moved to quash the information aliaging ‘that the Sandiganbayan had no jursdlction over te case While the cases were pending, Congress enaceted RAS24,redetring ‘the jeden ofthe Sanaianbayen Issue: W/N the Sandiganbayan exercises exclusive orignal yurslction over ‘neo eras le eanmsetigaemeyors accused of voltions of RASOI9 and 4. Atte allaged commission ofthe crimes, municipal mayors were ‘ot clacaniad as Grage 27 pamey To support this contention, they presented cetitcations saying that the salary they received was below that ofthe salary received by 2 grade 27 ‘officer. or Sinay his salary was ony PD, 793/month equlvalet to Grade 22 ‘a for Magsaysay P11, 826/month equivant ta Grade 25." They based tis ‘on RAG7Se (Compensation and Postion Clssieaton ct of 1983) 2 Munigpal Mayors are not included in the enumeratan in Sec 41) of Pale ae amended by Ra 7975, Cases (Atty. Tranquil Savador) Petioners Invoke the rule i statcon: Incision unis eat exclusion aleve ‘what not incaded in those enumerate deemed exuded 8. Congressional records reveal thatthe law did nat intend municipal tmayrs to come under the exclave orginal jursditon of the Sandiganbayan Deckion: THE SANDIGANEAYAN HAS JURISDICTION. where state ‘hanging the jurticton of 2 cout has no retvnctne effed, it connat be ‘pple toa case tat was pending pri tothe enactment of the statute ‘The Court does nat subscribe to the manner by which petitoners classy Grades. ‘The Consteutan states that in prouding for the standardization of ‘compensation of government oficial and employees, Congress sal fake nto ‘Secoune the nature of the responsbies pertaining to and the quaftestione ed of tel pestlons, hus RAG7S@ provides thatthe Grad depends upon {he nature of one’s poston relative tvanother poston. itis the person's ‘rade that determines the salary not theater way around. [Ris possible tata local gov" ofc’ salary may be ls than that prescribed tor hia Grade since his lary also depends on the fnancal capably ‘of his respective government unt. Nevertheless, If the law, which fies ofc grade A 6758 Instructs the Dept. of Budget and Management (OBM) to prepare an Index of Occupation services ising the Salary Grodes of Gov't ofl Bath the 1989. and 1997 verdon of sald Index classes muncipal mayers Under Grade27, a5 such" munpal mayors came within the onginl ‘hd exclusive uration of the Sandiganbayan. ‘PRE Age AEEEP ARTE ER BBURNE enr and unambigues ‘Again tatcon does not apply where te aw is ler ‘Under set.7 of RA 7975: upon effectivity ofthis Act, criminal cases In which tal has not begun in the Sandiganbayan shall be referred tothe proper court. The proper import ofthis sctan is lad down in Bengzon Ina “The rule is that where a court hae already obtained and is cexerisngjuradction over a controversy, ha jnedcton to proceed the final determination ofthe cause to not affected by new leglaton pladng Jursdetuon over such procsedings In anatier wibuna. The Vena V. Verge Peeverge 101005 exception tothe rules where the stature expressly provided thats Intended to operate to actions pending before ts enacoment. Where the statute changing the Jursdetion of a. court haa no retrencive feftec, t eamat be applied to's case that was pending pir to the nactinent ofthe statute ‘TOUS cr 7 PERLE RRA He ERAARA RECLZaty begun as of the ‘pproval of RA7975, then RA 7975 doesnot appy. 2. Iftrll of caes bere the Sandan has NOT begun as ofthe approval (oF RAIS7S, then apples. 2. if by vine of cc of RA7975, the sandigan has jutsdction ‘ver the cate, then the cose anal be referred tothe sandigan b. It'by vite of seca of Ra7975, the sandgan hes no uration, then the case shall be referrad to the regular {As the eal of Binay had not yet begun as of date of the approval of RA7975, the Sanalgan retain jrsaction aver the case MORE OALAABRSBYEAKe the rule that Jurisdiction ofa cout one & attaches ‘cannot be ousted by subsequent event, although of such chracter which would fave peevented yisdletion from ataching In the fst instance. They elim {that the fing ofthe inf nthe Sandigan was a subsequent even which cannot ‘ust the RC of jurado ue has no appleaion here asthe RY had fo Jursditon over the case inthe fst place. Furthermore, when the info Was fle wth the RTC RATS7S was already n effec, hus the head to be referred {othe Sandigan Pettioners invoke that respondents are estopped trom fing an info wath the Sandigan considering tht they had already Med another Ino alegng the same facta before the RTE. While the curt n cere cases has ruled that ‘Stoppal prevents a patty rom questioning the Jursicuon ofthe court tat re ramobineolryate ae enboncned ne Aap {his cases the state and estoppel sot applied tthe State. ‘SANCHEZ and MANAGAY vs, SANDIGANBAYAN Facts: Petitioners are officers of the Phil. Army. Lcd. Ling Sanchez was Commanding "Offeer, 9 Post Engineer Detachment, Headiuarers and Headquarters Support Group (HHS), while Major Vicente Managay was G-4, HSC. On une to, 1993, court mortal proctedings were itlated against ‘them and Gaudencio Romualdez based on a repert stating that there was 8 prima facie ease against them for volation of Art 95 of the articles of war fF {ausing the wrongful release of Php 5,995,47 for payment of repalt of G10 Cases (Atty. Tranquil Savador) ‘office ofthe Pi. Army, equivalent to 88.55% completion ofthe work, when in fac only 25% of the work had been completed tothe damage” of the ‘Sovernment. The judge advocate ofthe Phi Army refered the ndings tothe Provincial Prosecar of Rial, recommending the fing of In wit the Senaiganbayon 0 Apri 8, 1998, Sanchez was araigned before the Gen. Court Maral No.2 While Managay on Duly 1, 1994. They Both pleaded not guy. Meanwhile on ‘on, 1904, an info ws fled against them Deore the Sandgan for iation ‘of'ea 019.” pettionem moved for the dmesl of the case Before the Sanaigan aging that thas no jursieton aver the case as the coure mrt hae adqured anginal and excuse jursdcton and that the act complained ot Deore the court marta an the Sangen are one andthe same. Decision: although the Sandiganbayan has Jursdction atthe te the charge was fled, lest ts Jursdtion upon the enactment of PA 7975 because Ne fais Below the rank ofl colons and tal has not yet gun, acs: see subsequent Lacon agests Dx T amin 34 cw et Seer eae et EQSLASW IOUS RG TaN ees ca Bob cian ope pry ne at oe Sepa ee emacs te et ts Bae free pea setae nfs at et Seeeipns pid cncaay Gy Saat a aces SISSY tna eiomdsne want ey ria, sono jurocicionde wlirfhgrBancloenbovarensnedt mane afhee Fetronctvely. 1. Aion ofthe Court when determinad that had no jurisdiction 4. Under its supervisory authorty, the Supreme Court, even the Court of Appeals may propery refer the case to the cout of rope uration. 2, Eades of the 1" and 2 tvel are wthout authority to order the transfer, Ifthe cours belove that has no juredction over the Subject mater, ts jursaiion i Umed to simply aismising the ‘Vena V. Verge Peeverge 101005 ernitao3 Facts: Rosauro Sabin, FranclscaPrimoso and Romualdo Ramos were arrested In calocan whe Balbine Morales was arrested in alaben, both munpalies ‘REREAD Us WANA = UR aRORY NEURSAEPMILI MR El ‘offenses were committed in the Provinces of Sulacan and Riz Decision: When the record dsclaes thatthe cme a alleged in the complaint ws not commited inthe prounce whetein the Wiel was had, and the accused wos not arrested in that province and defendant had nat fled there fromm, the Court a Fst instanceof that Province has no Jursdction to mipase sentence In such cases, ofthe court has reasonable ground tobeseve thatthe ee Mas bean commeted; the accised should be remanded to the court of Proper Jursietion for wal 2242 SCRA 158 06 March 1995 Fads: In a compbire filed a few days after the effeaivty of RAz6S1 (expanding the jursdction of munkpal and metropoltan Wal courts) wth the Makat! ere, tafta tneslan sought to recover frm RERC actual damages of £5,000 or F137,675. RCBC moved for dismissal due to ack of Jordon on ‘the ground thats under the Metropolitan Til Coure (MTC) not the RTC, the Prinepal demand prayea for not bang n excess of 200,000. Respondent RTC € Tena Instead of dsmising the complaint, ansferred the entre ‘ecb of necaseto the Te vent Decision: has been held that where the cout has no freon atte te ‘ofthe ling ofthe complain, stead of ordering the transfer, the cout should Facts: Aleander Dieiso y Manio, member of the PNP, was assigned ta the EereraPolce Ditrct command! Statin 2. in Novices, when he was sdspathed te Dumalay treat 0 respond to complaint hat person was ‘Stbsequenty shot ta death 1/Sgt- Romeo Sodang. While tl for homicide was ‘ready in progress in the RTC of QC, the case was dismissed for refi {he SonaiganBayen onthe ground tht isthe Senaiganbayan which es Jursation aver the case. The private prosecutor maved for dsmissl cing Cases (Atty. Tranquil Savador) ‘the opinion ofthe Sec ofthe 003 that crimes came by PNP members are hot cognizable by the Sandiganbayan because they fal win the exclusive Jursdition of the regular cours” as. provided. in RA697 and. the Senaganbayen isnot 2 Yeguar cout but a oped court as stated inthe 2973 ‘onattton and asthe 1987 conatulon provides that the present ant-grat ‘court sal continue to function and exercise jurediction. Decision: The Court sanctioned the transfer of cases from the RT fr ack of {uradtion tothe Sandiganbayan. ‘The cour ule thatthe Sandiganbayan i 2 regular cour. Whe it 2 special ‘our, ti a Fear court witun te content of RA 6975 because "tis a court Formal functioning with contulty iltin the Jursicuon vested on I and ‘thatthe term regular courts sed n Sec. 46 of RA 6975 to datngush the {aud courte Yom court-martal for seas to dest the later of such juradiction and mandates Ee transfers to the former pursuant tothe pokey of {he law to establan 2 police force national in scope and cvlan in caracter, ‘The Sandiganbayan sa regular court as stated Inthe Administrative Code of However, forthe Sandiganbayan to have Jursicton its necessary that the ‘offenses were commited by puble offers in relation to the afe In here, there no indication that the troublemaker was the vic and that he was hoe by Bionsi in te course of the laters mission. Ae such the court, “rected the RTC of QC to conduct a preliminary hearing within 15 fom recat ‘of decision, to determine ta cme was commited in alain to pubic ofc, IW ivbe determined in the afirmativ, the case shall be enserred to the Sandiganbayan as the sme were orginal fined wth i Otherwse, the RTC ‘should proceed withthe til of the case and render judgment thereon Facts: Accused, a PNP offcer was on a misdon at Candaba Pampanga. He tent out of the police statlon after hearing a cammation and fred a werning ‘hot, wth the ntenton of restoring peace and order which was dstirbed and token bythe ight between the victim and Rogalo Agustin and alter between the vietm and ane Pte, Basa. An information for murder wa fed spsiet the ‘Scused.” Pettoner now cantant that he commited the oftense charged Felton to his public ofiee, RTE ruled that ithas na juadiction over the case Since the offense charged was dane in the performance of pettoners off ‘uncon thus the Judge dismissed the case” A month afte the decision was Imodined stating thatthe same must be transmitted withthe Sandiganbayan, ‘Vena V. Verge Peeverge 101005 Issue: W/N the transfer was vai Decision: Pettioner contends that jursdetion over the case was fed Inthe RTE-as the Asuncion lng i inapplicable, since here bl had already endea ‘and the case wae submitted Yor decldon when the Asundon rill. Woe ‘REQIUUGANe AATBRETEG OLN) GPR PAR RPPANPEUAT, nate sate a ‘The RTCs inti asaumption of jursdction does not prevert it fom Ubsequenty declaring Its to be without Juradeion ast was found out in ‘the hearing thet Cunanan had committed the offence while he was in the performance of his duties as policeman. He shot the vim In the course of {ying to restore local public order which had been breached by a fistight ban the victim and 2 other Inddualz The absence inthe info of an ‘Alagaton that Cunanan committed the offense charged in relation to is ofice ISimmateral and easly remedied. As te case had already been forwarded to the Sardiganbayan, the saul in’ may be amendes ot any time bebre ‘rragnment ele the Sandgankayan, consdedng tht such amendment Prange Pe MA a AN ty Ht ‘Suvalenttoacquttat, it smply reflected that te proceasings tern wae ‘Gi No, 128096 20 January 1999 Facts: Petitioner Lason is assaling the consttonalty of Seaions 4 and 7 of Ra tig #249" an act which further defines the juradhaion of the Sandiganbayan. Lacson was belng held able for the fling of the Kurtang Bplepos.eaae RG RARmPIAA ENS B RAO ARPA PORE SUORAEE THER, Place on the night of May 16,1995. {ig ony mpeg cto my ay mnt Seagcieeaee, commen orem, cs Sepa tering wma sc, Pog it nt a Se rt eae Soe ae cacs eaname at ncete See sagen roan eerie Don pe cnigrcnnc risen cceabar Sem sae EER ce ott ire ae eet et Fela hs eas do Sat ar ‘only, and none has the equivalent of SG 27. 1 ‘criminal Procedure Notes and Cazes (Aty.Tranqul Salvador) ‘white the movions for reconsideration were pending, RA 8249 was passed by {the Congress, which expands the Jursdlon ofthe Sandlganbayan by deleting the word sprincpal trom the phrase “principal accused in Section 20f MA 7975" "tne now law now expands te jursacton of the Sandganboyan to ‘The amended information mere alleges that the offense charged was ‘ommitted by the accused publ oieern relation to his office. Decision: The court ordered the transfer ofthe cases fam Sandiganbayan for lack of juracition cote RTC which has exclusive juredction over sid case, cuca vs. Sanoigansavant ‘Gi 47017-18 08 February 2000 Decision: The court ordered the Sandiganbayan to dismiss the case fo lack of ‘era IAN ORAS aRAREE A eKy Me te ses wen the Concurring Dedson (Davide): The case shouldbe referred tothe RTC instead ‘ofbetng ismisse, 21 durlatietion Over Dangerous Drugs Cases Facts: Ermesto Moralesy Cruz was charged Inthe RTC of Pasay with violation Of Section 15 of the Dangerous Orugs Act Invaling only 0.4587 grams of strhun a WUAoghaslmegAy! peralae Mavi AGASPH aah OE Judiciary Reargantalion Act of 1980, 5 the Metropolitan THal Cour which hae juraicton over the case. This as dened, he fea withthe Court of ‘opaal 2 patton for cera under Rule ut the petton was Gmssad {orlack of jurisdiction as the CA adjudges that only the Supreme court has Juradction over a special vi action for cetoran questioning the Jursdction ‘tan inferior cour. “The Supreme cout held that the CA had ursdction in that the cetorae was {an orginal betion and docs nat rite to the sppeltsjurdicion ef the Under see 93) ot Bh 329, the Ca has concurrent orginal jursaion with the Se pursuant ta the consthuton and the udilary Act of 1948, to esve wis Of ‘Vena V. Verge Peeverge 101005 entra mandamus poh, haben corps an ie mara, Tes ae Issue: W/N the RTC has juredton sea IPRA GRU GA ORL FN aR MUR ANA RE AIS {here are Kvenle and Domeste felons Cause aad tur shal ake ‘Scie copnzance of cases where ender re under 16 Yer of 92 K. Crmisal aussaction of Regloral Teal Courts. (Secton 20, Judcary Reorganatn Ao 190s amended by Ra No 781), ‘ested the exllsive jursalcton In all criminal cases not within the ‘exclusive orignal Jursdeion of any eour buna or ody ith penalty higher tna 6 years. Courevath general Jursdtion 3 Exerese appelate jursaition over all cases decided by the st evel courts in thet respecve terstortl justin 1Lrimina ursdiion of Mevopatan and Municpal Trl Courts sme Salon 32 of the Judcary Rewgerizaton Ad of 1980 as ‘Amendad by Section 2 of Ra 7631: except cases fling win the excusve orginal jursdetan of the RTC and Sandiganbayan, thete courts shal exertse exclusive juradetion over ‘all velations of ety and municipal ordinances commited within thee respective Jursaition ‘tenses punishable with imprisonment of not exceeding 6 years respective of {the amount of fine and other accessory penalties. Provided that in offenses Icing damage © promt tough cimindnepgens they shall have ‘offenses involving damage to property through criminal negligence. 2 Under PO 1606 as amended by RA 8249, MTC, MCTC, MeTC has Jurisdiction over government ofcils and employees where the Penalty is not more than 6 years and ofers charged do nat fll {der the jusdcton of te Sandiganbayan (Salary grade 27 end above). Note: Under RA 7691: ine is no longer a factor in determining jursdction, 3. Guidelines forthe implementation of RA 7691 5.1 RTC no longer has orighaljursdiion over offenses commute by public ‘ffs ana employees in relaton to thet afce where the aflense Is unishabe by more than 4 years, 2 months upto 6 years. ‘criminal Procedure Notes and Cazes (Aty.Tranqul Salvador) 3.2 Fine was already disregarded however, n cases where the only penalty i fine, the amourk thereof shall be determined by the junediton ofthe ‘court in accordance with the ogial provision of Sectan 32(2)f BP 129. 3.3 IFine is mare than Php 4,000, the RTC has jusdetion incuding these ‘commute by pubic atheers where amount of fine does not exceed Sb “Thousand M.Spedal uration of courts (Section 35, 8p 129) Noten the absence of RTC Judges, the MT, MCTC and MeTC may hear and ‘decide petitone for wrt f habeas corpus of application for ball aerial ‘eases he provine oF cay where absent RTC age sts NN. Juraticton over PRP by Regular Cours (Artie 46, RA 6978) 1 Criminal cases invaling PNP manbers shall be within exclusve Jursdection of te regular courts 2. Gousts:maral appointed pursuant to PD 1850 shal continue to try PC-MO members who were already araignal in. pursiant(@ Commonwealth Act Ho 408 (Article of War) a5 amended by EO 3. ETB AKATENAL ROE RWESIBETICS when RA 6575 took tect wil be ‘wansfereed to the regular cours (@) Regula courts vil courts (2) Courts mertt isnot repr court (People vs. Asuncan) for they pertain tothe executive department of the goverment and are Spl instrumentals of te executive power (©) Purpose of law! remove Jursacton ever PNP members fram courts matte’ that transler ie win the Philp Judea! System ©. auratcton Over Complex Crimes ‘ERAT CIGERE PTAFORTSGTTARCTA Facts: Aledo Cuyes was charged before the Municipal cout af San Fernando, Pampanga, with homiade wth multiple serous physial injures and damage property through reckless imprudenee. Ne was adver of 2 eargo tuck which Fad calided with s Volkswagen n'a vehicular acident which resulted In the

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