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Criminal Procedure Reviewer
Criminal Procedure Reviewer
Definition of Terms
PRELIMINARY CHAPTER
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO
APPLICATION?
Public and private law
Public law: laws that define the relationship between the State
and the individual (e.g Constitution, Revised Penal Code)
Private law: laws that define the relationship between individuals
(e.g Civil Code, Commercial laws)
WHAT IS THE CLASSIFICATION OF LAWS ACCORDING TO ITS
NATURE?
Substantive and procedural law
Substantive law is the law that creates, defines and regulates
Procedural law defines the method or proceedings in the
enforcement of the rights and duties defined in substantive law
SUBSTANTIVE LAW:
1. Creates
2. Defines
3. Regulates
WHAT IS CRIMINAL PROCEDURE?
on the merits
Place of trial
Procedural
Substantive
In civil cases, may be waived or
stipulated by the parties
Granted by law or by the constitution
and cannot be waived or stipulated
IN CRIMINAL CASES, IS VENUE AND JURISDICTION ONE AND THE
SAME?
Yes, it should be filed where the crime is committed.
This is different from civil cases, wherein venue and jurisdiction are different with
one another
CRIMINAL JURISDICTION
Authority to hear and try a particular offense and impose the punishment for it
ELEMENTS OF CRIMINAL JURISDICTION
1. Nature of the offense and the penalty attached thereto
2. Fact that the offense has been committed within the territorial jurisdiction of the
court
WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL
JURISDICTION?
1. Jurisdiction over the person
2. Jurisdiction over the territory
3. Jurisdiction over the subject matter
WHAT IS JURISDICTION OVER THE SUBJECT MATTER?
Power to hear and decide cases of the general class to which the proceedings in
question belong and is conferred by the sovereign authority which organizes the
court and defines its powers
WHAT ARE THE ELEMENTS OF JURISDICTION OVER SUBJECT MATTER?
1. Nature of the offense
2. Authority of the court to impose the penalty imposable given the allegation in the
information
3. Territorial jurisdiction of the court imposing the penalty
WHICH LAW DETERMINES THE JURISDICTION OF THE COURTTHE
LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE
OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS
FILED?
General rule: the law as of the time when the action is filed, and not when the
offense was committed
Exception to the rule: where jurisdiction is dependent on thenature of the
position of the accused at the time of the
information
SITUATION: X WAS CHARGED WITH AN OFFENSE WHOSE PENALTY
IS BELOW 6 YEARS. THE CASE WAS FILED WITH THE MTC. AFTER
TRIAL, THE MTC CONVICTED HIM OF THE CRIME WITH A HIGHER
PENALTY THAN 6 YEARS. X QUESTIONED THE CONVICTION,
CLAIMING THAT THE MTC HAS NO JURISDICTION OVER THE
OFFENSE SINCE THE PENALTY PRESCRIBED FOR IT WAS HIGHER
THAN 6 YEARS. VALID?
X is wrong
Jurisdiction over the subject matter is determined by the
AUTHORITY OF THE COURT TO IMPOSE THE PENALTY IMPOSABLE
GIVEN THE ALLEGATION IN THE INFORMATION
Not determined by the penalty that may be meted out to the
offender after trial but to the extent of the penalty which the law
imposes for the crime charged in the complaint
IF DURING THE PROCEEDINGS, THE COURT FINDS THAT IT HAS NO
JURISDICTION, HOW SHOULD IT PROCEED?
Lower courts should simply dismiss the case
Where the case is filed in the Supreme Court or the Court of
Appeals, these courts can refer the case to the court with proper
jurisdiction
WHAT IS THE JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN
CRIMINAL CASES?
1. Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
jurisdiction
2. Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years, regardless of the fine or
other accessory penalties and civil liability
3. Offenses involving damage to property through criminal
negligence
4. In cases where the only penalty provided by law is a fine, it has
exclusive jurisdiction over offenses punishable by a fine not
exceeding P4000
5. In election offenses, cases involving failure to register or failure to
vote
6. Special jurisdiction to hear and decide petitioners for a writ of
habeas corpus or application for bail in the province or city where
the RTC judge is absent
7. Cases involving BP 22Bouncing Checks Law
WHAT IS THE JURISDICTION OF REGIONAL TRIAL COURTS IN
CRIMINAL CASES?
1. Exclusive original jurisdiction in criminal cases not within the
exclusive jurisdiction of any court, tribunal or body, except those
falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan
All criminal cases where the penalty is higher than 6 years,
including government-related cases wherein the accused in not
one of those falling under the jurisdiction of the Sandiganbayan is
within the jurisdiction of the RTC.
2. Other laws which specifically lodge jurisdiction in the RTC
a. Laws on written defamation or libel
b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are
below 16 years and there are Juvenile and Domestic
Relations Courts in the province