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CRIMINAL PROCEDURE
PRELIMINARY MATTERS CRIMINAL PROCEDURE It is the method prescribed by law for th
e apprehension and prosecution of persons accused of any criminal offense and fo
r their punishment, in case of conviction (Remedial Law IV, Herrera). It is conc
erned with the procedural steps through which a criminal case passes, commencing
with the initial investigation of a crime and concluding with the release of th
e offender. CRIMINAL JURISDICTION It is the authority to hear and try a particul
ar offense and impose the punishment for it (People v. Marinao, 71 SCRA 600, 604
). REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION: 1. Jurisdiction over
the subject matter is the power to hear and determine cases of the general class
to which the proceedings in question belong (Reyes v. Diaz, 73 Phil 484); by vi
rtue of the imposable penalty or its nature, is one which the court is by law au
thorized to take cognizance of; conferred by law. 2. Jurisdiction over the terri
tory where the offense was committed the offense must have been committed within
the territorial jurisdiction of the court; jurisdiction over the territory; can
not be waived 3. Jurisdiction over the person of the accused QuickTime and a the
person (Uncompressed) decompressor offense must TIFF charged with the are needed
to see this picture. have been brought to its presence for trial, forcibly by w
arrant of arrest or upon his voluntary submission to the court. The question of
jurisdiction may be raised at any stage of the proceedings. The exception to thi
s rule is when there is estoppel and laches on the party who raised the question
of jurisdiction.
JURISDICTION OVER THE SUBJECT MATTER Conferred by law. It cannot be acquired by
the consent of the accused. Objection that the court has no jurisdiction over th
e subject matter may be made at any stage of the proceeding and the right to mak
e such objection is never waived.
JURISDICTION OVER THE PERSON OF THE ACCUSED May be acquired by consent of the ac
cused or by waiver of objections. If the accused fails to make his objection in
time, he will be deemed to have waived it.
JURISDICTION What determines jurisdiction Jurisdiction is determined by the exte
nt of the penalty which the law imposes, on the basis of the facts as recited in
the complaint or information constitutive of the offense charged Jurisdiction i
s not determined by: what may be meted out to the offender after trial the resul
t of the evidence that would be presented during the trial Jurisdiction is retai
ned regardless of: whether the evidence proves a lesser offense than that charge
d in the information, the subsequent happening of events, although of a characte
r which would have prevented jurisdiction from attaching in the first instance.
GENERAL RULE: Jurisdiction of a court to try criminal action is to be determined
by the law at the time of the institution of the action. EXCEPTION: Where the s
tatute expressly provides, or is construed that it is intended to operate to act
ions pending before its enactment, in which case, the court where the criminal a
ction is pending is ousted of jurisdiction and the pending action will have to b
e transferred to the other tribunal which will continue the proceeding.
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Ly
nn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjam
in C. Yan
he following:
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