Midterm Exam

1. What is Jurisdiction (Jurisdiction=venue)

 The power and authority of a court to try, hear and decide a case and to carry its
judgments into effect.
 Juris and dico “I speak the law”.
 Determined by the law in force at the time of the commencement of the action.

2. What are the requisites for the exercise of Criminal Jurisdiction? Discuss
Jurisdiction over the person
 The court acquired jurisdiction over the person upon his arrest or voluntary surrender
(Accused)
Jurisdiction over the subject matter
 The court acquired jurisdiction according to penalty of the offense imposed by the law
(Conferred by law).
Jurisdiction over the Territory
 Place where the offense committed or any of its essential ingredients should took
place within the Territorial Jurisdiction of the court.
 Continuing Territory (Anywhere if it has essential ingredients to the offense)
Offense committed on a railroad trains, aircraft or any other public or private
vehicle on the course of trip.
 Offense is committed on board, a vessel on its voyage.
GR: Place of origin and destination, first port of entry
XPN: War Ship, consider as an extension of its territory.
 Felonies under Article 2 of The Revised Penal Code
 Piracy, Triable anywhere since it is crime against humanity.
 Libel
a. Libelous act is printed and first published.
b. Offended party is a private individual and where the said private individual
resides at the time of the commission of the offense.
c. Offended party is public official, and the latter holds office at the time of the
commission of the offense.
 B.P 22 Cases (Bouncing Check Law)
Ordinary Check – place where the check was discovered or issued.
Crossed Check – place of the depository or the check collecting bank.

3. What does it mean, “venue in criminal action is jurisdictional?

 Venue in criminal action is Jurisdictional, that Jurisdiction are determined by over
subject matter, over the accuse and over the territory which ensure which court who will
hear, try, and decide judgment are cloth with proper power and equipped with
authority.

4. How is jurisdiction over the subject matter is determined?

  The Jurisdiction over the subject matter is determined by the allegations of the
complaint. The offense, by virtue of the imposable penalty or its nature, is one
which the court is by law authorized to take cognizance of.

5. How is jurisdiction over the subject matter is conferred?

 It is conferred by law which may be either the constitutional or statutory law.

6. What is your idea about the “principle of adherence of jurisdiction or continuing jurisdiction?”
GR
 Provides that once jurisdiction is vested in the court, it is retained up to the end of
litigation.
 Courts of the territories where the essential ingredients of the crime took place have
concurrent jurisdiction. But the court which first acquires jurisdiction excludes the
other courts.
XPN
 When the subsequent statute expressly provides or is construed that it shall have
retroactive effect to pending case.

7. State the Criminal Jurisdiction of the Municipal Trial Court?

GR
The MTC shall exercise jurisdiction over:
 All violation of city or municipal ordinances committed within its territorial jurisdiction.
 All offenses punishable with imprisonment not exceeding 6 years irrespective of the
amount of fine/ other imposable penalties, including the civil liability from such offenses
irrespective of kind, nature, value, or amount. Note: Where the offense is punishable by
imprisonment or fine or both but not when the offenses is punishable by fine only.
 Where the only penalty provided for by law is a fine. The MTC shall have exclusive
original jurisdiction over offenses punishable with a fine of not more than Four
Thousand (P4,000.00) Pesos.
 Over offenses involving damage to property through criminal negligence.
 Exclusive original jurisdiction over offenses involving damage to property through
criminal negligence.
 Violations of B.P. 22 (Bouncing Checks Law)
 Special jurisdiction to decide on applications for bail in criminal cases in the absence of
all RTC judges in a province or city.
XPN
 Libel, as defined in Article 355 of the Revised Penal Code. Under this provision libel is
punishable by prision correccional in its minimum and medium periods or fine ranging
from 200 to 6,000 pesos or both. Nevertheless, under Article 360 of the RPC, the
criminal action as well as the civil action for such offenses shall be filed simultaneously
or separately with the CFI (RTC).
 Direct Bribery under Article 210 and Indirect Bribery under Article 211 of the RPC which
are punishable by prision correccional are within the exclusive jurisdiction of the
Sandiganbayan pursuant to Sec.4(a) of P.D. 1606.
8. State the Criminal Jurisdiction of the Regional Trial Court?

GR

 Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any
court, tribunal, or body, except those now falling under the exclusive and concurrent
jurisdiction of the Sandiganbayan.
 Appellate jurisdiction over all cases decided by the MTC within its territorial jurisdiction.
 Special jurisdiction to handle exclusively criminal cases as designated by the Supreme Court.
 Jurisdiction over criminal cases under specific laws such as:
(a) Written defamation (Art. 360, Revised Penal Code)
(b) Jurisdiction of designated courts over cases in violation of the Comprehensive
Dangerous Drugs Act of 2002 {RA. No. 9165)
(c) Violations of intellectual property
 The public prosecutor has the authority to file a criminal information for violation of
Presidential Decree P.D. 957 (The Subdivision and Condominium Buyers Protective Decree)
The penalty being a P20,000.00 fine and imprisonment of not exceeding 10 years or both
such fine and imprisonment.
 Jurisdiction in Money Laundering Cases. — The Regional Trial Courts shall have jurisdiction
to try all cases on money laundering.
XPN
 Those committed by public officers and private persons who are in conspiracy with such
public officers shall be under the jurisdiction of the Sandiganbayan (Sec. 5, RA. 9160, Anti-
Money Laundering Act of2001).

9. State the Criminal Jurisdiction of the Sandiganbayan?

The Sandiganbayan shall exercise original jurisdiction in all cases involving:

 Those who are classified as salary Grade "27" and higher of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758).
 Violations of Republic Act No. 3019 as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act (Section 4[a] of Presidential Decree 1606 as amended).
 Violations of Republic Act No. 1379 or otherwise known as the Act Declaring Forfeiture in
Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public
Officer or Employee. (Ill- gotten wealth)
 Whether or not Salary Grade 27 but it is in relation to their office.

10. Discuss the criminal litigation process in the Philippines.

a. Filing of complaint
 Details of the fact surrounding the incident and the alleged crime.
b. Preliminary Investigation
 Determining the probable cause of the issue.
 Statements and evidence presented is taken account.
 c. Filing of Information
 Once the probable cause is determined, the information will be prepared and
shall be filed in court.
d. Issuance of Warrant
 After reviewing and examining the information, the judge shall grant or issue a
warrant (Arrest/Search and Seizure). Note: Commitment order if the accused is
already in the custody of law/arrested.
e. Arraignment
 Reading or informing of the accused of his charges and what is his pleadings.
f. Pre-Trial
Maly also be held to consider some matter for fair and expeditious trial, the parties are
required to:
 Mark their evidence if not yet in the Judicial affidavits.
 Examine or make comparison of the original evidence.
 Stipulation of facts – Regarding the genuineness and authenticity of the
reproduction of evidence, due execution of the adverse parties’ evidence and
reservation of testimonial evidence.
g. Trial
 Presentation of the evidence in the court.
 Both the prosecution and defense have a chance to prove the guilt/innocence in
front of the judge.
h. Promulgation of Judgment
 The court will render its judgment.
 If found guilty, the court will determine the appropriate penalties based on The
Revised Penal Code or Special Laws.

11. How criminal actions are instituted?

Where Preliminary Investigation is required:
 A criminal action is instituted by filing the complaint with the fiscal or proper officer for
the purpose of conducting the requisite preliminary investigation.
 Where a preliminary investigation is not required, a criminal action is instituted:
a. By filing the complaint or information directly with the Municipal Trial Court of
Municipal Circuit Trail Court
b. By filing the complaint with the office of the prosecutor.

12. Who must prosecute the criminal action; who controls the prosecution?
GR
 The public prosecutor shall prosecute, direct and control all criminal actions commenced
by a complaint or information.
XPN
 The private prosecutor (private counsel) may prosecute the case in the event and
provided that:
1. The public prosecutor has heavy work schedule.
2. There is lack of public prosecutors.
 3. The private prosecutor must be authorized in writing by the Chief Prosecution Office
or Regional State Prosecutor.
4. Such will be subject to the court’s approval.

13. Can the private prosecutor intervene in the prosecution of the criminal action?
 Yes, however such intervention may be allowed if the offended party:
1. Waives the civil action
2. Reserves the right to institute it properly or;
3. Institutes the civil action prior to the criminal action

14. When a private prosecutor may prosecute a case even in the absence of the public prosecute?
 The public prosecutor has heavy work schedule.
 There is lack of public prosecutors.
 The private prosecutor must be authorized in writing by the Chief Prosecution Office or
Regional State Prosecutor.
 Such will be subject to the court’s approval.

15. How prosecution of private crimes be prosecuted?

Private crimes which may only be prosecuted by a complaint filed by the private offended
party, or if the offended party is a minor, by the parents, grandparents, or the guardian.
1. Concubinage
2. Adultery
3. Seduction
4. Abduction
5. Defamation
6. Acts of lasciviousness
Note: These are crimes which are by their nature cannot be prosecuted de officio

16. How can the prosecution of adultery and concubinage be made?

GR
 Prosecution of the adultery and concubinage be made if only the offended spouse file a
complaint for adultery or concubinage.
XPN
Without including the guilty parties if both are alive; or
If the offended party has consented to the offense or pardoned the offenders.

17. How can the prosecution of seduction, abduction and acts of lasciviousness be made?
GR
 Seduction, abduction or acts of lasciviousness prosecuted exclusively and successively by
the following persons in this order:
1. The offended party
2. Offended party’s parents
3. Offended party’s grandparents
4. Offended party’s guardian
 XPN
 Such crimes cannot be prosecuted if the offender has been expressly pardoned by any of
the abovementioned parties.

18. Distinguish complaint from that of an information.

 Complaint is a sworn written statement file by any person who believed that there is law
or right being violated while information is made on prosecutor office, which he filed to
the court information.

19. What is complaint?

 It is a sworn written statement.
 Subscribed by
a. The offended party
b. Any peace officer
c. Other public officer charged with the enforcement of the law violated.

20. What is information?

 Accusation must be in writing. It requires no oath. This is because the prosecutor filing
the information is acting under oath of his office.
 Subscribed by the prosecutor.

21. When can we say that a complaint or information is sufficient?

It is sufficient if it states the:
1. Name of the accused
2. Designation of the offense given by the statue
3. Acts or omissions complained of as constituting the offense.
4. Name of the offended party
5. Approximate date of the commission of the offense.
6. Place where the offense was committed.
Note:
 In case of variance between the complaint filed by the offended party and the
information in crimes against chastity, the complaint controls.
 An Information not properly signed cannot be cured by silence, acquiescence or even by
express consent.
 The non-inclusion of some of the names of the eyewitnesses in the information does not
preclude the prosecution from presenting them during trial.

22. Date of the commission of the complaint. Discuss.

 The moment wherein someone make a sworn written statement and was submitted to
prosecution office.

23. How to state the date of the commission of the offense?

GR
 It is not required.
  It suffices that the allegation approximates or be as near the actual date when the
offense was committed.
XPN
1. If the date of the commission of the offense constitutes an essential element of the
offense (e.g. infanticide, abortion, bigamy)
2. When the dates are essential to the defense of alibi.

24. Discuss duplicity or multiplicity rule.

GR
 A complaint or information must charge only one offense.
XPNs:
1. Complex crimes
2. Special complex crimes
3. Continuous crimes or delicto continuado.
4. Crimes susceptible of being committed in various modes.
5. Crimes of which another offense is an ingredient.

25. What is the rule where offense is committed in a train, aircraft, or vehicle?
 The criminal action may be instituted and tried in the court of any municipality or
territory where such train, aircraft or other vehicle passed during such trip, including the
place of departure and arrival.

26. What is the rule where offense is committed on board a vessel?

 The criminal action may be instituted and tried in the proper court of the first port of
entry or of any municipality or territory through which the vessel passed during such
voyage subject to the generally accepted principles of international law.

27. How to state the place of the commission of the offense?

 Subject to existing laws, criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or any of its essential
ingredients occurred.

28. Discuss amendment or substitution of the complaint or information

Amendment
 Refers to the same offense charged in the original information or to an offense which
necessarily includes or is necessarily included in the original charge.
 Substantial amendments to the information after the plea have been taken cannot be
made over the objection of the accused, for if the original would be withdrawn, the
accused could invoke double jeopardy.
Substitution
 Requires or presupposes that the new information involves a different offense which
does not include or is not necessarily included in the original charge.
 The accused cannot claim double jeopardy.
29. Implied institution of the civil action with the criminal action. Discuss
GR
 When a criminal action is instituted, the civil action for the recovery of civil liability
arising from the offense shall be deemed instituted with the criminal action.
XPNs
 When the offended party:
1. WAIVES the civil action
2. RESERVES his right to institute a separate civil action; or
3. INSTITUTES A CIVIL ACTION PRIOR to the criminal action.

30. When a civil action may proceed independently?

 The institution of an independent civil action based on Arts. 32 33, 34 and 2176 of the
Civil Code against the offender may proceed independently of the criminal case at the
same time without the suspension of either proceeding.
Note: It requires only a preponderance of evidence, and the offended party is entitled
only to the bigger award when the awards in the cases vary.

31. When there is no implied institution of the civil action?

Those which are:
1. Arising from breach of contract
2. Independent civil actions or those based on Arts. 31, 32, and 33 of the New Civil Code;
and
3. Based on Art. 2176 of the New Civil Code or quasi-delict.

32. When separate civil action is suspended

GR
 After the filing of the criminal action, the civil action which has been reserved cannot be
instituted until final judgment has been rendered in the criminal action.
 If the civil action is instituted before the filing of the criminal action and the criminal
action is subsequently commenced, the pending civil action shall be suspended until
final judgment in the criminal action has been rendered.
XPN
 In cases of independent civil actions based on Arts. 32, 33, 34 and 2176 of the Civil
Code;
 In cases where the civil action presents a prejudicial question; and
 In cases where the civil action is consolidated with the criminal action; and
 Where the civil action is not one intended to enforce the civil liability arising from the
offense.

33. What is the nature of preliminary investigation; Purpose.

 To determine whether there is sufficient ground to engender a well-founded belief that
a crime has been committed and the respondent is probably guilty thereof and should
be held for trial.
34. Discuss arrest. Rationale, Legal basis, who may issue, how it may be issued?
 Arrest is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
 It is made by an actual restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest (Sec. 2). Note: Arrest may be made on any day,
at any time of the day or night (Sec.6).
 The 1987 Constitution speaks of “judges” which means judges of all levels. This power
may not be limited much less withdrawn by Congress.
 The power to determine the existence of probable cause is a function of the judge and
such power lies in the judge alone.

35. What are the requisites for the issuance of warrant of arrest and search warrant?
 By the RTC
1. Within 10 days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
2. He may immediately dismiss the case if the evidence fails to establish probable cause.
3. If he finds probable cause, he shall issue a warrant of arrest or a commitment order if
the accused has already been arrested by virtue of a warrant issued by the MTC judge
who conducted the preliminary investigation or if he was arrested by virtue of a lawful
arrest without warrant.
4. In case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence within 5 days from notice and the issue must
be resolved within 30 days from the filing of the complaint or information.

 By the MTC
1. If the preliminary investigation was conducted by a prosecutor, same procedure as
above
2. If the preliminary investigation was conducted by the MTC judge and his findings are
affirmed by the prosecutor, and the corresponding information is filed, he shall issue a
warrant of arrest.
3. However, without waiting for the conclusion of the investigation, he may issue a
warrant of arrest if he finds after;
 An examination in writing and under oath of the complainant and his witnesses.
 In the form of searching questions and answers that probable cause exists and that
there is a necessity of placing the accused under immediate custody in order not to
frustrate the ends of justice.