Jurisdiction

Basic Rule- Jurisdiction is conferred by law

It is the law that gives life to jurisdiction

There should always be a law or a circular of the SC that confer jurisdiction to the
court

A judge is given power by law and he must act only within the parameter of the
law

He cannot create his own rule

How will he know whether or not he can act?

He must now look at the allegations in the complaint.

The information tells you whether or not you can act on it based on the law
conferring jurisdiction.

The law confers and the allegation determines.

Venue is jurisdictional- where the crime is committed is the place where you
should institute the action

Crimes which elements are in just one place must be instituted in that place

Continuing crimes, can be instituted in any place where in any element is found

Venue is inseparable to jurisdiction. (territoriality)

No compromise as to venue. (not subject to consent, waiver, or silence)

The venue of trial (art 8 consti) is different from venue as to jurisdiction

The filing of an information can only be filed in the court that has jurisdiction
once it has been filed, however, the venue of the TRIAL can be transferred by the
SC. (ampatuan)

Exception (Article 2 RPC) Even committed outside of the philippines provisions

of extraterritoriality

Discussion outline

Jurisdiction over the person

Questions on jurisdiction at any time

Estoppel by laches

RA7691

BP129

Jurisdiction of various courts (RTC,MTC…etc)

Jurisdiction of Sandiganbayan, ombudsman, General Court martial