Professional Documents
Culture Documents
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apprehension and prosecution of persons system
accused of any criminal offense and for - the right to be present in any stage of the
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their punishment in case of conviction. proceedings and defend himself in person,
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to be exempt from being a witness against
himself during the trial are the features of
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Sources our criminal procedure:
1, 2000.
determine certain controversies. It is the
Consti 1987 Bill of Rights authority to hear and determine a cause.
Various acts of the legislature BP 129 It is vested in the Court not in the judges.
Presidential Decrees The court has no jurisdiction to punish
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it must be made to appear that the law has power of the tribunal to hear and try a
given the tribunal capacity to entertain the particular offense and impose the
complaint against the person or thing punishment for it.
sought to be charged or affected It has no power to try and convict or acquit
that such complaint has actually been a person for a crime committed within its
preferred territory, unless a complaint or information
and that such person or thing has been has been filed with said court.
properly brought before the tribunal to
answer the charge therein contained. Requisites of criminal jurisdiction:
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is jurisdiction over the person and subject forcibly by warrant of arrest or upon his
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matter, the decision of all other questions voluntary submission to the court
arising in the case is but an exercise of that The court may have jurisdiction over the
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jurisdiction. subject matter, over the territory, and over
Jurisdiction does not depend either on the the person of the accused.
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irregularity of the exercise of such power or
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on the correctness of the decision made, for Jurisdiction over the subject matter:
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the power to decide wrongly as well as
rightly, subject to the qualification that a subject matter: means the power to hear
court can render only such judgment as and determine cases of the general class to
does not transcend in extent or character which the proceedings in question belong
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the law which is applicable to that class of and is conferred by the sovereign authority
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3. irregularly irregular and must be the court has heard the evidence, it was
corrected by motion. found that the crime committed was lesser
than that described in the complaint, the
Jurisdiction conferred by law: court CANNOT dismiss the case because
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or purpose, which means that the two or
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more violations of the same personal e. In those cases where the SC, in the interest
provision are united in one and the same of truth and impartial justice, transfers the
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place of trial from one place to another.
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intent leading to the perpetration of the
same criminal purpose or aim. One of these incidental and inherent
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Based upon the ground that there is a new powers of the courts is that of transferring
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commission of the same offense in the the trial of cases from one court to another
of equal rank in a neighboring site,
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jurisdiction where he is found.
In such a case, the complaint should allege whenever the imperatives of securing a fair
that the offense was committed within the and impartial trial, or of preventing a
jurisdiction of the court and not at the miscarriage of justice so demand. the
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place where it was originally committed. power to transfer venue or palce of trial is
expressly granted by the 1987 Consit to the
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offenses punishable with imprisonment of
Jurisdiction over the person of accused: not exceeding 6 years IRRESPECTIVE of the
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amount of fine, and regardless of other
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is acquired either upon his: imposable accessory or other penalties,
1. apprehension with or without warrant including the civil liability arising from such
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2. his voluntary submission to the jurisdiction offenses or predicated thereon, irrespective
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of the court which may be effected by: of kind, nature, value or amount thereof.
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- posting bail or - Offense involving damage to property
- by filing a motion to quash or through criminal negligence, they shall
- by appearing at the arraignment or have exclusive original jurisdiction thereof.
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through counsel, at the pre-suspension the phrase that the lower court shall have
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hearing held in connection with an anti- exclusive original jurisdiction over all
graft charge, is considered to be submission offenses punishable with imprisonment not
to the jurisdiction of the court over his exceeding 6 years irrespective of the
person, even if no warrant has been issued amount of fine, regardless of all other
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thereto, he is deemed to have waived it. predicated thereon, the offense of simple
He must go to the court for that purpose seduction is now within the exclusive
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wherein the accused is not one of those 3. exclusive appellate jurisdiction over all final
falling under the jurisdiction of the judgments, decisions, resolutions, orders,
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Sandiganbayan, meaning to say, that he is or awards of Regional Trial Courts and
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below salary grade 27 and not among quasi-judicial agencies, instrumentalities,
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those enumerated in Sec. 4, PD 1606 as boards, or commissions, EXCEPT those
amended.
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the SC in accordance with the Consti
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Criminal cases, concurrent original
jurisdiction over the subject matter may ( automatic review in capital punishment
now be said to exist only between the cases * but there is a case where the SC
Supreme Court and Regional Trial Court in gave power to IAC).
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cases affecting ambassadors, public The CA shall have the power to receive
evidence and perform any and all acts
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while in the course of its trip, crimes its appellate jurisdiction wherein a motion
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committed on board a vessel in the course for new trial based only on the ground of
of its voyage; other crimes committed newly covered evidence granted by it.
outside of the Phil but punishable therein
under Article 2 of the RPC and written e. Sandiganbayan
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defamation.
On the appellate level, RTC exercise the 1973 Constitution provided for, but did
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appellate jurisdiction over all cases decided not create a special court, the SB, with
by MetroTC, MuniTC, and MCTC, in their jurisdiction over criminal and civil cases
respective territorial jurisdiction. involving graft and corrupt practices and
such other offenses committed by public
c. Family Courts: exclusive original officers and employees, including those in
jurisdictions to hear and decide the GOCC in relation to their office as may be
following cases: determined by law.
Exclusive jurisdiction over:
- Criminal cases where one or more of the - Violation of RA 3019 (Anti-Graft and
accused is below 18 but not less than 9 OR Corrupt Practices Act, RA 1379 and
when one or more of the victims is a minor Chapter II, Section 2, Title VII, Book II of
at the time of the commission of the the RPC, where one or more of the accused
offense. are officials occupying the ff position in the
- Cases against minors cognizable under the govt whether permanent, acting or interim
Dangerous Drugs Act capacity at the time of the commission of
the offense:
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1. Officials of the executive branch, grade 27 OTHERWISE, separate civil action shall be
or higher (see list on page 29) deemed abandoned.
2. Members of the Congress
3. Members of the judiciary When offense considered committed in relation
4. Chairmen and members of the to office:
Constitutional Commission
5. All other national and local officials offense was committed in relation to the
classified as salary grade 27 and higher office must be alleged in the information
taking advantage of their respective position
- Other offenses or felonies whether simple or vs. offenses committed in relation to the
complexed with other crimes committed by office it must be the latter and not the
the public officials and employees in former bec if the former is considered, it
relation to their office shall only be an aggravating circumstance
- Civil and criminal cases filed pursuant to and not as one that qualifies the crime.
and in connection with EO No. 1, 2, 14, and
14-A (law which created the PCGG). What a public office is:
When not mentioned, the jurisdiction is in
the RTC, METTC, MUNTC, MCTC as Public office: one created by law to
provided by BP 129. discharge a sovereign function and the
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The SB shall exercise exclusive appellate salarty is a mere incident and forms no part
jurisdiction over final judgments, of it. If there is no salary or fee annexed, it
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resolutions or orders or regional trial courts is a naked of honorary office as opposed to
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whether in the exercise of their own original a lucrative office or an office or profit.
jurisdiction or of their appellate jurisdiction
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as herein provided.
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The SB shall exercise exclusive orig
jurisdiction over petitions for the issuance Sec. 5, Article VIII of the 1987 Constitution
of the writs of mandamus, prohibition, Sec 17 of the Judiciary Act of 1948
certiorari, habeas corpus, injunction and
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similar nature, including quo warranto, Under the LGC of 1991, Lupong
arising or that may arise in cases field Tagapamayapa shall be composed of:
which may be filed under the PCGG. - Punong Barangay as Chairman and 10 to
In case private individuals are charged as 20 members
co-principals, accomplices, or accessories
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with the public officers or employees, they 1. Authority of the Lupon: parties actually
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shall be tried jointly with said public residing in the same city or municipality for
officers and employees in the proper courts amicable settlement of ALL disputes.
which shall exercise exclusive jurisdiction EXCEPT:
over them. a. One party is the govt or any subdivision or
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shall at all times be simultaneously and the dispute relates to the performance
instituted with, and jointly determined in, of his official functions
the same proceeding by the SB or the c. Offenses punishable by imprisonment of 1
appropriate courts, the filing of the criminal year or a fine exceeding P5,000.
action being deemed to necessarily carry d. Offenses where there is no private offended
with it the filing of the civil action, and no party
right to reserve the filing of such civil action e. The dispute involves real properties located
separately from the criminal action shall be in different cities or municipalities unless
recognized. the parties thereto agree to submit their
When the criminal case was filed at the SB, differences to amicable settlement by an
and the civil action was filed separately but appropriate Lupon.
has not reached judgment yet, it shall be f. Dispute involving parties who actually
transferred to the SB or the appropriate reside in barangays of different cities or
court fro the consolidation and joint municipalities, except where such barangay
determination with crim action, units adjoin each other and the parties
thereto agree to submit their differences to
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amicable settlement by an appropriate - actions are coupled with provisional
lupon remedies such as a) preliminary injunction
g. Such other classes of disputes which the b) attachment c) delivery of personal
President may determine in the interest of property, d) support pendente lite
justice or upon the recommendation of the e)**replevin
Secretary of Justice. - where actions may be barred by the statute
of limitations (sec. 412(b))
Sc held that the law does not make
distinction whatsoever with respect to the 4. Confrontation or conciliation process
classes of civil disputes that should be not jurisdictional but only a condition
compromised at the barangay level precedent
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municipality barangay where the
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respondent or any of the respondents timely motion to dismiss.
actually resides, at the election of the Failure to observe the conciliation process
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complainant is not jurisdictional.
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c. Disputes involving real property or any Non-compliance with that condition
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interest therein shall be brought in the precedent could affect the sufficiency of
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barangay where the real property or the
larger portion thereof is situated
plaintiffs cause of action and make his
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complaint vulnerable to dismissal on the
d. Those arising at the workplace where the ground of lack of cause of action or
contending parties are employed or at the prematurity. The condition is analogous to
institution where such parties are enrolled the failure of the party to exhaust
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for study shall be brought where such administrative remedies, or lack or earnest
workplace or institution is located.
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