Criminal Procedure by Judge Cornejo

Audio 01

The very important concept in Criminal Procedure as well as in Civil Procedure is, of
course, jurisdiction. Please do not forget that it is very important the concept of jurisdiction.
You know very well that JURISDICTION refers to the authority of the court to hear and decide
the case. This is likewise how it is defined under the Civil Procedure. Now, as far as Criminal
Cases are concerned, we will just talk about jurisdiction. We will likewise talk about, in the
event of judgment of conviction being rendered, there is an imposition of penalty by the
court. Correct? Now, the imposition of the penalty is referred to in cases of judgment of
conviction in Criminal Cases that is referred to as the exercise of jurisdiction. But as far as
jurisdiction is concerned, you are actually referring to authority. The power of the Court to
hear and decide the case. Now, the very important point to remember, please, that I think
this is likewise the same as in Civil Procedure, Jurisdiction is determined by the law enforced
at the time of the commencement of the action. Ok?
As far as criminal cases are concerned, the criminal action, well talk about the
commencement of criminal action. Diba for purposes of prosecution, for purpose of
initiating and determining probable cause, in cases of absence of any avest (?) situation, you
will file your complaint before the prosecutors office. You file a complaint before the
prosecutors office for purposes of PI or Preliminary Investigation. That is commencement of
Criminal Action. Now, you say a commencement of a judicial action or judicial proceeding.
When a judicial proceeding is being commenced? It is at the time of the filing of the
information in the Court. That is the formal charge against the accused. Now, when we say
that jurisdiction is determined by the law enforced at the time of the commencement of the
action, therefore, if you are in a query as to what court is, would have jurisdiction over this
particular case, criminal case, you will determine what is the operative law at the time you
are filing the complaint. What is the law? Because there is a law that confers jurisdiction on
each and every court. Same concept as Civil Procedure is concerned. Now, there are actually
2 laws that conferred jurisdiction in our Court. 1) BP 129, which is the Judiciary
Reorganization act of 1980 and then it was amended by RA 7691, which corresponded to the
jurisdiction of MTC. Thus, RA 7691 was promulgated as early as 1994. BP 129 however was
promulgated on 1980. Yung principle, the jurisdiction is conferred by the law enforced at the
time of the commencement of the action, you have to be aware of the 2 laws which confer
jurisdiction. Therefore, if at the time of the filing of the action, at the time of the filing of
complaint before the prosecutors office for purposes of PI, the operative law is BP 129. Diba
what is the jurisdiction of MTCs as far as BP 129 is concerned, in criminal cases? If the
imposable penalty is imprisonment up to PC Med, 4 Years 2 months, under BP 129. But upon
expansion of the jurisdiction of MTC under RA 7691, it is now up to, full EXTENT of PC, which
is 6 years. Pero if 6 years and 1 day, RTC na yan. Kasi may 1 day. It is already Prision Mayor.
You must be conscious. If the operative law at the time of the commencement of the action
is BP 129, you take note the penalty. What court has jurisdiction? Because you are now
referring to that law. Gets niyo? Okay. May sakit pa ako nyan. (:

Next point to remember, this is likewise applied in Civil Procedure, the doctrine of
Adherence of jurisdiction. What do you mean by Doctrine of Adherence of Jurisdiction? Once
the court acquires jurisdiction over the case, conferred upon it by law, that jurisdiction
remains with that court, irrespective of subsequent developments, irrespective of

subsequent amendatory laws. That is if the amendatory law provides for retroactivity
application. That is the rule on Doctrine of Adherence of Jurisdiction. This doctrine likewise
apply in Civil Procedure. How do we straight this? If the law enforced at the time of the
commencement of action is BP 129, and the offense is penalized with the penalty of PM. No,
it is Prision Correccional in its Maximum.