VENUE VS JURISDICTION

Venue is defined as the particular country or geographical area in which a court with jurisdiction may
hear and determine a case. It means the place of trial. On the other hand, jurisdiction is the power of
the court to decide the case on the merits. Venue is thus procedural, while jurisdiction is substantive.
In civil cases, venue may be waived or stipulated by the parties. On the other hand, jurisdiction is
granted by law or the Constitution and cannot be waived or stipulated.

How are criminal actions instituted?

Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required, by filing the complaint with the proper
officer for the purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the MTC or the
complaint with the office of the prosecutor.

 What is a complaint?

A complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.

 Who may file a complaint?

The complaint may be filed by the offended party, any peace officer, or other public officer charged
with the enforcement of the law violated.

 What is an information?

An information is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and filed with the court.

What is the difference between a complaint and an information?

COMPLAINT
May be signed by the offended party, any peace officer, or
other public officer charged with the enforcement of the law
violated
Sworn to by the person signing it
May be filed either with the office of the prosecutor or with
the court
INFORMATION
Always signed by prosecuting officer
Need not be under oath since the prosecuting officer filing it is
already acting under his oath of office
Always filed with the court

When should the arraignment and pre-trial be held?

According to the Speedy Trial Act and Circular 38-98, arraignment and pre-trial if the accused pleads
not guilty should be held within 30 days from the date the court acquires jurisdiction of the person of
the accused.

RULE 118

When is pre-trial required?

Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTCs and Municipal
Circuit Trial Courts.
 When should it be conducted?
After arraignment and within 30 days from the date the court acquires jurisdiction over the person of
the accused.

What happens during pre-trial?

The following things are considered:

1. plea bargaining
2. stipulation of facts
3. marking for identification of evidence of the parties
4. waiver of objections to admissibility of evidence
5. modification of the order of trial if the accused admits the charge but interposes a lawful defense
6. other matters that will promote a fair and expeditious trial of the criminal and civil aspects of the case

What is a pre-trial order?

It is an order issued by the court after the pre-trial conference containing:

a recital of the actions taken,

the facts stipulated, and
the evidence marked.

The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the
course of the action during the trial, unless modified by the court to prevent manifest injustice.