Question:

1. What is Criminal Procedure?

- Criminal procedure treats of the series of processes by which the criminal laws are enforced
and by which the State prosecutes persons who violate the penal laws. In the clear language of
the Court, criminal procedure "regulates the steps by which one who committed a crime is to be
punished". Criminal procedure is "a generic term to describe the network of laws and rules
which governs the procedural administration of justice" (Black's Law Dictionary, Fifth Edition,
1979). The procedure starts with the initial contact of the alleged lawbreaker with the justice
machinery including the investigation of the crime and concludes either with a judgment
exonerating the accused or the final imposition of a penalty against him.

2. What is criminal procedure concerned with?

- Criminal procedure is concerned with the procedural steps through which the criminal case
passes, commencing with the initial investigation of a crime and concluding with the
unconditional release of the offender. It is a generic term used to describe the network of laws
and rules which govern the procedural administration of criminal justice.

3. What are the sources of criminal procedure?

(1) Spanish Law of Criminal Procedure
(2) General Order No. 58, dated April 23 1900
(3) Amendatory acts passed by the Philippine Commission
(4) The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-
McDuffie Law, and the Constitution of the Philippines
(5) The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure
(6) Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan,
Speedy Trial Act)
(7) Presidential Decrees
(8) 1987 Constitution, particularly Art. III Bill of Rights
(9) Civil Code (Art. 32, 33, 34)
(10) Certain judicial decisions
(11) Circulars
(12) The Revised Rules on Criminal Procedure (Dec 1, 2000)

4. What are the three systems of criminal procedure?

(1) Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private
parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the
culprit, and violence and torture are often employed to extract confessions. The judge is not
limited to the evidence brought before him but could proceed with his own inquiry which was
not confrontative.
(2) Accusatorial – The accusation is exercised by every citizen or by a member of the group to
which the injured party belongs. As the action is a combat between the parties, the supposed
offender has the right to be confronted by his accuser. Battle in the form of a public trial judged
by a magistrate who renders a verdict. The essence of the accusatorial system is the right to be
presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt
beyond reasonable doubt (moral certainty).
(3) Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination of
defendants and other persons before the filing of the complaint or information is inquisitorial.
The judicial set-up in the Philippines is accusatorial or adversary in nature. It contemplates two
 contending parties before the court, which hears them impartially and renders judgment only
after trial.

5. Distinguish between criminal law and criminal procedure.

Criminal procedure treats of the series of processes by which the criminal laws are enforced
and by which the State prosecutes persons who violate the penal laws. In the clear language of
the Court, criminal procedure "regulates the steps by which one who committed a crime is to be
punished" (People v. Lacson, 400 SCRA 267).

While criminal laws define crimes and prescribe punishment for such crimes, criminal
procedure lays down the processes by which an offender is made to answer for the violation of
the criminal laws.

6. How are the rules of criminal procedure construed?

- The rules of criminal procedure shall be liberally construed in favor of the accused and
strictly against the state to even the odds in favor of the accused against whom the entire
machinery of the state is mobilized.

7. What is Jurisdiction?
(1) Jurisdiction is the power and authority of the court to hear, try and decide a case.
(2) Jurisdiction is not only the power of the court to hear and decide cases; it includes the power
to execute decisions (Secretary of Justice vs. Ech egaray , 301 SCRA 96 ).
(3) Jurisdiction is conferred by law based on the facts alleged in the complaint.
8. Distinguish jurisdiction from venue.
JURISDICTION - is the power of the court to hear and decide a case. It can be brought up at
any stage of the proceedings. It cannot be waived. It is a matter of substantive law. Jurisdiction
cannot be the subject of the agreement of the parties. It establishes a relation between the court
and the subject matter. It is a ground for a motu proprio dismissal in case of lack of jurisdiction
over the subject matter.

VENUE - is the place, or geographical area where an action is to be filed and tried. It can only
be objected to before the other party files a responsive pleading. It may be waived by:
(1) failure to object through a motion to dismiss or through an affirmative defense;
(2) stipulation of the parties.
Venue is a matter of procedural law. It may be stipulated by the parties. It establishes a relation
between the plaintiff and defendant, or petitioner and respondent. Venue is not a ground for a
motu proprio dismissal, except in cases subject to summary procedure.

VENUE is an essential element of jurisdiction in criminal cases, meaning, for a court to acquire
jurisdiction over a controversy, the offense (or any of its essential elements) should have been
committed within the territorial jurisdiction of the court. Said jurisdiction is determined by
allegations of the complaint or information.
9. What is Criminal Jurisdiction?
Criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it.
10. What are the elements of jurisdiction in criminal cases?
(a) Jurisdiction over the subject matter refers to the authority of the court to hear and determine
a particular criminal case. The jurisprudence mandates that the offense is one which the
 court is by law authorized to take cognizance of;
(b) Jurisdiction over the person of the accused - refers to the authority of the court over the
person charged. This kind of jurisdiction requires that "the person charged with the offense
must have been brought in to its forum for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court.
(c) Jurisdiction over the territory; This element requires that the offense must have been
committed within the court's territorial jurisdiction. This fact is to be determined by the facts
alleged in the complaint or information as regards the place where the offense charged was
committed.
11. What are the requisites for a valid exercise of criminal jurisdiction?
(a) Jurisdiction over the subject matter - refers to the authority of the court to hear and
determine a particular criminal case. One case, Antiporda, Jr. v. Garchitorena, 321 SCRA
551, mandates that the offense is one which the court is by law authorized to take
cognizance of.
(b) Jurisdiction over the person of the accused refers to the authority of the court, not over the
subject matter of the criminal litigation, but over the person charged. This kind of jurisdiction
requires that "the person charged with the offense must have been brought in to its forum for
trial, forcibly by warrant of arrest or upon his voluntary submission to the court.
(c) Jurisdiction over the territory; This element requires that the offense must have been
committed within the court's territorial jurisdiction. This fact is to be determined by the facts
alleged in the complaint or information as regards the place where the offense charged was
committed.
12. Which law determines the jurisdiction of the court – the 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?
- Jurisdiction is determined by the law as of the time when the action is filed, not when the
offense was committed. The exception to this rule is where jurisdiction is dependent on the
nature of the position of the accused at the time of the commission of the offense. In this
case, jurisdiction is determined by the law in force at the time of the commission of the offense.

13. What is adherence of jurisdiction?

In view of the principle that once a court has acquired jurisdiction, that jurisdiction continues
until the court has done all that it can do in the exercise of that jurisdiction. This principle also
means that once jurisdiction has attached, it cannot be ousted by subsequent happenings or
events, although of a character which would have prevented jurisdiction from attaching in the
first instance. The court, once jurisdiction has been acquired, retains that jurisdiction until it
finally disposes of the case

14. A was charged with an offense whose penalty was below 6 years. The case was filed with the
MTC. After trial, the MTC convicted him of an offense with a higher penalty. A questioned the
conviction, claiming that the MTC had no jurisdiction over the offense since the penalty
prescribed for it was higher than 6 years. Is A correct?
A 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. It is 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.

15. If during the proceedings, the court finds that it has no jurisdiction, how should it proceed?

ANS: Lower courts should simply dismiss the case. However, where the case is filed in the
 Supreme Court or Court of Appeals, these courts can refer the case to the court with proper
jurisdiction.

16. Can jurisdiction over the person of the accused be waived?

ANS: Yes. Unlike jurisdiction of the offense which is conferred by Constitution or law,
jurisdiction over the person may be waived. For instance, any objection to the procedure leading
to the arrest must be opportunely raised before the accused enters his plea, otherwise, it is
deemed waived.

17. X was charged in court with an offense. X filed a motion to quash on the ground that the court
had no jurisdiction over his person because the arrest was illegal and because the information
was incomplete. Can X invoke lack of jurisdiction of the court over his person?

ANS: No, X cannot invoke the lack of jurisdiction of the court. one who desires to object to the
jurisdiction of the court over his person must appear in court for that purpose only, and if he
raises other questions, he waives the objection.

18. Is the presence of the accused necessary in order for the court to act on a motion?

ANS:It is not necessary for the court to first acquire jurisdiction over the person of the accused
to dismiss a case or grant other relief. The outright dismissal of the case even before the court
acquires jurisdiction over the person of the accused is allowed, except in applications for bail, in
which case, the presence of the accused is mandatory.

19. What are classes of jurisdiction?

ANS: (1) GENERAL JURISDICTION -The power to adjudicate all controversies, except those
expressly withheld from the plenary powers of the court
(2) SPECIAL JURISDICTION -Which restricts the court’s jurisdiction only to particular
cases and subject to such limitations as may be provided by the governing law
(3) ORIGINAL JURISDICTION -The power of the court to take judicial cognizance of a
case instituted for judicial action for the first time under conditions provided by law;
(4) APPELLATE JURISDICTION -The authority of the court higher in rank to re-examine
the final order, judgment or a lower court which tried the case now elevated for judicial
review
(5) EXCLUSIVE JURISDICTION -Power to adjudicate a case or proceeding to the
exclusion of other courts at that stage
(6) CONCURRENT JURISDICTION -Sometimes referred to as the coordinate jurisdiction
which is the power conferred upon different courts whether of the same or different
ranks, to take cognizance at the state of the same case in the same or different judicial
territories
(7) DELEGATED JURISDICTION -The grant of authority to inferior courts to hear and
determine cadastral and registration cases under certain conditions
(8) SPECIAL JURISDICTION -The power of the inferior courts to hear and decide
petitions for writ of habeas corpus or applications for bail in the absence of all RTC
judges in the province or city. “Interlocutory jurisdiction”
(9) TERRITORIAL JURISDICTION -Refers to the geographical area within which its
powers can be exercised: MTC – within the municipality or city where it is located
 as may be defined by the SC RTC – within the region or province where it is
located SC & CA – within the Philippine territory (nationwide)
20. Jurisdiction of the Supreme Court
21. ANS:
21. Jurisdiction of the CA
ANS:
22. What is the jurisdiction of the Sandigabayan
ANS:
23. What is the nature of the Sandigabayan?
ANS:
24.What are the cases falling under Sandiganbayan jurisdiction?
ANS:
25.What is the jurisdiction of Regional Trial Courts in criminal cases?
ANS:
26. What is the jurisdiction of Municipal Trial Courts in criminal cases?
ANS:

27. Can jurisdiction over the person of the accused be waived?

28. X was charged in court with an offense. X filed a motion to quash on the ground that the court had
no jurisdiction over his person because the arrest was illegal and because the information was
incomplete. Can X invoke lack of jurisdiction of the court over his person?

29. Is the presence of the accused necessary in order for the court to act on a motion?

30. What is the quantum of evidence in Criminal Procedures?

31. How should Criminal Procedures be construed?

32. Grounds for suspension of the rules: