Manuel S.

Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

LESSON 1:
CRIMINAL
JURISDICTION
CLJ6 – CRIMINAL PROCEDURE AND COURT TESTIMONY

ATTY. ROLANDO R. RECTO

INSTRUCTOR, CCJC Calauag, Quezon
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Students are able to

1. explain the concept of jurisdiction in criminal cases;

2. Differentiate the requirements for the exercise of criminal jurisdiction;

3. Cite the jurisdiction of MTC and RTC over criminal cases

COURTS AND ITS JURISDICTION

CJ105A – COURT TESTIMONY
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

1. Discuss the concept of jurisdiction and the different requirements for its
exercise by the court;
2. Delineate the jurisdiction of municipal level court to that of the regional
trial court;

COURTS AND ITS JURISDICTION

CJ105A – Court Testimony
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Sources of Criminal Procedure

• Rule 110-127 of the Revised Rules of Court
• 1987 Constitution, particularly those under the Rights of the
Accused under Art. III (Bill of Rights)
• Various acts passed by the legislature like BP Blg. 127
• Presidential Decrees
• Executive Orders
• Decision of the Supreme Court
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

CRIMINAL PROCEDURE
• Is the method prescribed by law for the apprehension and
prosecution of persons accused of any criminal offense
and for their punishment, in cases of conviction
• In its generic term, it describes the network of laws and
rules which governs justice, that is, laws and court rules
governing arrest, search seizure, bail, etc.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

KINDS OF CRIMINAL JURISDICTION

1. Jurisdiction over the SUBJECT MATTER
• Derived from the law; cannot be acquired solely by
consent of the accused
• Objection that the court has no jurisdiction over the
subject matter may be made at any stage of the
proceeding and the right to make such objection can
never be waived.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

KINDS OF CRIMINAL JURISDICTION

2. Jurisdiction over the Person of the Accused

• May be acquired by consent of the accused or by
waiver of objections
• If he fails to make any objection on time, he will be
deemed to have waived it.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

KINDS OF CRIMINAL JURISDICTION

• Jurisdiction over the Territory – the offense must have been
committed or nay of its essential ingredients took place within
the territorial jurisdiction of the court. It cannot be waived and
where the place of the commission was not specifically charged,
the place may be shown by evidence.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

JURISDICTION IS BASED ON THE PENALTY

• The RTC has jurisdiction over offenses
punishable by imprisonment exceeding 6 years.
• The MTC (MTCC, MCTC) has jurisdiction over
offenses punishable by imprisonment for a period
of 6 years or less
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

JURISDICTION WHEN THE PENALTY IS FINE ONLY

• RTC has jurisdiction where the fine is more than

4,000.00 pesos, except in cases of criminal negligence
involving damage to property which falls under the
exclusive original jurisdiction of the MTC.
• MTC has jurisdiction where the fine is 4,000.00 pesos
or less
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

JURISDICTION OVER COMPLEX CRIMES

• Jurisdiction over the whole complex crime is lodged with
the trial court having jurisdiction to impose the maximum
and most serious penalty imposable to an offense forming
part of the complex crime.
• It must be prosecuted integrally and must not be divided
into component offenses which may be made subject of
multiple information brought in different courts.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Jurisdiction over CONTINUOUS CRIMES

• Continuing offenses are consummated in one place, yet by the
nature of the offense, the violation of the law is deemed
continuing (e.g. estafa and libel)
• As such, the courts of the territories where the essential
ingredients of the crime took place have concurrent jurisdiction.
• But the court which first acquire jurisdiction excludes other
courts.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Jurisdiction over crimes punishable by DESTIERRO

• where the imposable penalty is destierro, the case falls
within the exclusive jurisdiction of the Municipal Trial
Court, considering that in the hierarchy of penalties under
71 of the Revised Penal Code, destierro follows arresto
mayor which involves imprisonment
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

• Jurisdiction over Libel Cases

• although punishable by prision correctional, jurisdiction
falls within the RTC
• Jurisdiction over VIOLATIONS OF DANGEROUS
DRUG ACT
• Regardless of the penalty, jurisdiction falls within the RTC
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

Jurisdiction of Family Courts (RA 8369)

• Criminal cases where one or more of the accused is below 18
years of age but not less than 9 years of age
• Criminal cases where one or more of the victims is a minor at the
time of the commission of the offense, provided that if the minor
is found guilty, the court shall promulgate sentence and ascertain
any civil liability which the accused may have incurred. The
sentence shall be suspended without need of an application
pursuant to Child and Youth Welfare Code or PD 603.
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

KATARUNGANG PAMBARANGAY

General Rule: Parties have no power to enter into

AMICABLE SETTLEMENT as regards crimes.
Exception: Offenses punishable by imprisonment of
less than 30 days or fine not exceeding 200 pesos
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

KATARUNGANG PAMBARANGAY
General Rule: If parties are resident of the same barangay, then settle through
the Lupon of the barangay.
Exception:
• if parties are from different barangays but of the same city or municipality,
then in the barangay where respondent or any of the respondents actually
resides, at the complainants election
• all disputes which involve real property (or any interest therein) shall be
brought in the barangay where the real property (or any part thereof) is situate
•
 Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University

• THANK YOU….