Distinction Between Custody of The Law and Jurisdiction Over The Person of The Accused

1.
Distinction between custody of the law and jurisdiction over the person of
the accused
Custody of the law is required before the court can act upon the
application for bail, but is not required for the adjudication of other reliefs
sought by the defendant where the mere application therefor constitutes a
waiver of the defense of lack of jurisdiction over the person of the
accused.
Custody of the law is accomplished either by arrest or voluntary

surrender, while jurisdiction over the person of the accused is acquired
upon his arrest or voluntary appearance.
One can be under the custody of the law but not yet subject to the
jurisdiction of the court over his person, such as when a person arrested
by virtue of a warrant files a motion before arraignment to quash the
warrant. On the other hand, one can be subject to the jurisdiction of the
court over his person, and yet not be in the custody of the law, such as
when an accused escapes custody after his trial has commenced. Being
in the custody of the law signifies restraint on the person, who is thereby
deprived of his own will and liberty, binding him to become obedient to the
will of the law. Custody of the law is literally custody over the body of the
accused. It includes, but is not limited to, detention.
A person applying for admission to bail must be in the custody of the law
or otherwise deprived of his liberty. A person who has not submitted
himself to the jurisdiction of the court has no right to invoke the processes
of that court. Respondent Judge should have diligently ascertained the
whereabouts of the applicant and that he indeed had jurisdiction over the
body of the accused before considering the application for bail.
2. Jurisdiction of criminal courts

a. Supreme Court
i. Original
a. Exclusive
 Petitions for certiorari, prohibition, mandamus against the
CA and SB
b. Concurrent
 With the CA: Petitions for certiorari, prohibition,
mandamus against the RTC
 With the CA and RTC: Petitions for certiorari,
prohibition, mandamus against the lower courts
 With the SB: Petitions for certiorari, prohibition,
mandamus, habeas corpus, injunctions and ancillary
writs in aid of its appellate jurisdiction and over petitions
of similar nature, including quo warranto arising or that
may arise in cases filed or which may be filed under E.O.
Nos. 1, 2, 14, and 14-A.
ii. Exclusive Appellate
a. By Appeal
 From the RTC in all criminal cases in which the penalty
imposed is reclusion perpetua or higher. Article VIII
Section 5(2)(d)
b. By petition for review on certiorari
 From the CA
 From the SB
 From the RTC where only an error or question of law is
involved. Article VIII Section 5(2)(e)
b. Court of Appeals
i. Original
a. Exclusive
 Actions for annulment of judgements of Regional Trial
Courts
b. Concurrent
c. Exclusive Appellate
a. By Appeal
 Final judgements, resolutions, orders or awards of
Regional Trial Courts, except those appealable to SC or
SB
b. By petition for review on certiorari
 From the RTC in cases appealed thereto from the lower
courts and not appealable to the SB.
c. Sandiganbayan
Sec. 4. Jurisdiction. -- The Sandiganbayan shall exercise

original jurisdiction in all cases involving:
A. Violations of Republic Act No. 3019, as amended,

otherwise known as the Anti-Graft and Corrupt Practices Act,
Republic Act No. 1379 (An Act Declaring Forfeiture in favor
of the State any property found to have been unlawfully
acquired by any public officer or employee), and Chapter II,
Section 2, Title VII of the Revised Penal Code (Crimes
Committed by Public Officials), where one or more of the
principal accused are officials occupying the following
positions in the government, whether in a permanent,
acting or interim capacity, at the time of the commission
of the offense:
(1) Officials of the executive branch occupying the positions

of regional director and higher, otherwise classified as grade
"27" and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758),
specifically including:
(a) Provincial governors, vice-governors, members of the

sangguniang panlalawigan and provincial treasurers,
assessors, engineers, and other provincial department
heads;
(b) City mayors, vice-mayors, members of the sangguniang

panlungsod, city treasurers, assessors, engineers, and other
city department heads.
(c) Officials of the diplomatic service occupying the position

of consul and higher;
(d) Philippine army and air force colonels, naval captains,
and all officers of higher rank;
(e) PNP chief superintendent and PNP officers of higher

rank;
(f) City and provincial prosecutors and their assistants, and

officials and prosecutors in the Office of the Ombudsman
and Special Prosecutor;
(g) Presidents, directors or trustees, or managers of

government-owned or controlled corporations, state
universities or educational institutions or foundations;
(2) Members of Congress and officials thereof classified as

Grade "27" and up under the Compensation and Position
Classification Act of 1989;
(3) Members of the judiciary without prejudice to the

provisions of the Constitution;
(4) Chairmen and members of Constitutional Commissions,

without prejudice to the provisions of the Constitution; and
(5) All other national and local officials classified as Grade

"27" and higher under the Compensation and Position
Classification Act of 1989.
B. Other offenses or felonies, whether simple or complexed

with other crimes committed by the public officials and
employees mentioned in subsection (a) of this section in
relation to their office.
C. Civil and criminal cases filed pursuant to and in connection with

Executive Order Nos. 1, 2, 14 and 14-A.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over

final judgments, resolutions or orders of regional trial courts whether in
the exercise of their own original jurisdiction or of their appellate
jurisdiction as herein provided.

Distinction Between Custody of The Law and Jurisdiction Over The Person of The Accused

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1.

Custody of the law is accomplished either by arrest or voluntary

2. Jurisdiction of criminal courts

Sec. 4. Jurisdiction. -- The Sandiganbayan shall exercise

A. Violations of Republic Act No. 3019, as amended,

(1) Officials of the executive branch occupying the positions

(a) Provincial governors, vice-governors, members of the

(b) City mayors, vice-mayors, members of the sangguniang

(c) Officials of the diplomatic service occupying the position

(e) PNP chief superintendent and PNP officers of higher

(f) City and provincial prosecutors and their assistants, and

(g) Presidents, directors or trustees, or managers of

(2) Members of Congress and officials thereof classified as

(3) Members of the judiciary without prejudice to the

(4) Chairmen and members of Constitutional Commissions,

(5) All other national and local officials classified as Grade

B. Other offenses or felonies, whether simple or complexed

C. Civil and criminal cases filed pursuant to and in connection with

The Sandiganbayan shall exercise exclusive appellate jurisdiction over

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