Crim Pro Notes based on Discussion You noticed that the power to define and punish crimes if you

d that the power to define and punish crimes if you want to challenge
(Red ink are added notes only) that it will have to be challenged on Constitutional grounds so it is probably
correct on your part to say that the source, among others is the police power of
1. Why are Criminal Cases captioned “People of the Philippines v. the State. So even if there isn’t a specific provision in the Constitution that that is
the power of the State to define and punish crime, the inherent police power of
Accused”?
the State will come into place.
“Why not Republic of the Philippines v. Accused”?
What is the difference between procedural and substantive laws?
-----(inaudible)-------
How do you know that it is substantive law? It is substantive when/because it
creates rights, duties and obligations.
The 2nd Criminal case was decided 4 months later, US vs Smith – what offense?
Is the Civil Code substantive? Yes, it is substantive because it creates rights. For
Criminal cases before were captioned US vs Accused because the Philippines at
example, a person acquires ownership by prescription.
that time was the (inaudible)_______ and it was subject to Federal Laws and since
the Philippines was not a State of the United States, so they could not caption the
How about the RPC? It is substantive. Why? Article 248 of RPC says that (elements
criminal cases State of the Philippines vs Accused, to manifest that it involved a
of Murder)…it creates rights and obligations.
federal offense. At some point/later on it, became People of the Philippines vs
Accused.
So the main characteristics of substantive law is it creates rights and obligations.

General Order No. 58 issued by General Otis on April 23, 1900 was amended at
On the other hand, procedural law does not create rights, does not impose
various times. One of its amendments is Act No.2886, changing the name of the
obligations. Why? It simply describes a process, a method, a means by which
party who should prosecute the criminal action from that of “The United States”
substantive rights are enforced or substantive obligations are enforced.
to “The People of the Philippines.”
Now, can procedural law creates substantive rights and obligations?
Did you find the case that supports your opinion?
Whether a particular procedure is a part of due process?
(Maybe this case G.R. No. 17584, March 8, 1922
- Due process is a substantive right and the constitution guarantees due process.
THE PEOPLE OF THE PHILIPPINES ISLANDS, plaintiff-appellee, vs.
So one of the questions you will encounter in your procedural subject is whether a
GREGORIO SANTIAGO, defendant-appellant.)
particular method or procedure is part of the substantive due process right.

2. What is the source of the State’s power to define crimes and punish
criminals? Police Power and why is that?
Do you know the case of People vs Dayag? (Sir keeps mentioning this case but I
haven’t found such case)
What is the statute that penalizes a person who is below 18 y.o. from drinking
alcohol and making that a crime and punishing him with imprisonment from 2
years and 1 day to 6 years? (Sir discussed substantive law)
What standards do you use to determine whether the law is valid or not?
For example, is presenting evidence part of due process? Is an actual hearing part
of due process? Is an appeal part of due process? Such that if the procedure does
not provide an appeal, actual hearing and the presentation of evidence, is due
process violated?
Is the preliminary investigation part of due process?
If a person is accused of an offense in a criminal action and no preliminary
investigation took place before an information was filed against him, is his
constitutional right to due process violated?- No. It is not part of due process.
Can procedural laws give rise to rights and obligations? NO. Article VIII section 5
(5) of the Constitution.
Sec.5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court.
SC can’t promulgate rules that can affect substantive rights. They can only define
a process, method, or means to enforce, protect or redress those rights that are
existing by reason of a substantive law.
Can the SC promulgate rules on the practice before NLRC? Or rules that will
govern procedures in Energy Regulatory Board? NO. The rule-making power of
quasi-judicial bodies is a delegated power. They are authorized by the statute to
promulgate their own rules. The SC has no power to make rules in quasi-
judicial/administrative bodies but only to review and nullify the rules for
sufficiency and/or compliance with the Constitution.
And the rules promulgated by the SC will apply to what Courts? To all courts.
Must it be the same for all courts? Do these rules apply to municipal courts?
Actually, the rule is the procedure in the RTC and MTC are uniform unless there
are special rules like in the case of criminal actions in MTC, some follow the rules
of Summary Procedure instead of Rules 110-127. When there are such special
rules, Rules of Court will not apply but the rules in special proceedings.
JURISDICTION
Concept: authority of the court to try, hear and decide a case. Literally jurisdiction
means “Juris” = Law + “Dicere” = To Speak or to say what the law is. - the power
to say what the law is.
In Civil Action, jurisdiction means the power to say what the facts are and what
the law is and based on preponderance evidence.
In criminal action, jurisdiction is the power to say yes you have committed a crime
and yes you must suffer this penalty.
Types of Jurisdiction:
[In Criminal Action, the Court must have these 3 types of jurisdiction]
1. Jurisdiction over Subject Matter/Offense
2. Jurisdiction over Territory
3. Jurisdiction over the Person
Original jurisdiction is the authority to hear, try and decide a case at the first
instance/for the first time, the case will commence with that court.
-the power to take judicial cognizance of a case instituted for judicial
action for the first time under the conditions provided by law.
Appellate jurisdiction is the power to review, revise, reverse, modify or affirm the
final order, judgment of a lower court.
Concurrent – 2 or more courts have and may exercise the same jurisdiction.
- the power conferred upon different courts to take cognizance at the
same stage of the same case in the same or different judicial territories.
Exclusive – no choice of forum
- the power to adjudicate a case or proceeding to the exclusion of all
other courts at that stage.
Jurisdiction of the Supreme Court in Criminal Case
1. Original - Art. VIII Sec.5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2. Appellate – Art. VIII Sec. 5
(2) Review, revise, reverse, modify or affirm on appeal or certiorari as the
law or the Rules of Court may provide, final judgments and orders of lower courts
in 3 Instances:
a. when in a judgment where a question of constitutionality is involved.
b. when the penalty imposed is reclusion perpetua or higher.
c. All cases in which only an error or question of law is involved.
Note: Appeal as a mode of review under Rule 45 vs certiorari under Rule 65
 June 21, 2016
When does the court have jurisdiction over a criminal action?
The Court may exercise jurisdiction over a criminal action when it has jurisdiction
over subject matter/offense, when it has jurisdiction over the territory and when
it has jurisdiction over the person of the accused. If the court lacks any of this
then it can’t exercise jurisdiction over the criminal action.
Therefore, when it exercises jurisdiction where the accused has not been
arraigned, what will happen?
- Its judgment is not valid.
What if the MTC San Fernando exercises jurisdiction over an offense that was
committed in Cebu City?
- The judgment will be void.
What if the MTC San Fernando heard, tried and rendered judgment in a murder
case?
- The MTC has no jurisdiction over the offense because Murder has an imposable
penalty of more than 6 years.
How about the proceedings taken during this trial, are they admissible if the case
will be tried in the proper court?
Does the judgment rendered by MTC San Fernando have the effect of double
jeopardy?
No.
Does that action of MTC San Fernando stopped prescription? Yes or No?
Even if the Court where the criminal action was filed has no jurisdiction?
When a court renders decision of criminal action over which it has no jurisdiction,
either because it has no jurisdiction over the offense, or over the territory or it
has no jurisdiction over the accused, the principle here defined to us is that “That
judgment is ABSOLUTELY VOID and it has NO EFFECT.”
So can that judgment produce an effect like DOUBLE jeopardy? NO, one of the
requirements of Double Jeopardy is that the judgment is valid.
Can it stop prescription? NO, it will continue running until the case will be filed in
the proper court.
JURISDICTION OVER SUBJECT MATTER
What is Subject Matter Jurisdiction?
(Riano p.4) It refers to the authority of the court to hear and determine a
particular criminal case.
How is subject matter jurisdiction vested upon the courts? Who gives the court
the authority to hear and decide a case? Jurisdiction is conferred by law.
Procedural Rules (Rules of Court) are quite confusing because they are not laws
but it has the force and effect of law for they are mandatory and must be
followed anyway. It has the same effects as those of laws passed by Congress. But
we actually refer to, when we say subject matter jurisdiction is vested by law, is
the laws passed by the law-making body which is the Congress. Particularly BP Blg.
129, Section 32 as amended.
How is jurisdiction of the RTC vested by Law? Particularly BP Blg 129 Section 20.
How is jurisdiction of the Court of Appeals in criminal cases vested? BP Blg 129.
How is jurisdiction of the Supreme Court vested? Art. VIII Section 5 (2)
Is there any other way to vest subject matter jurisdiction in courts other than by
law?
Can the SC vest jurisdiction in the MTC by saying that “the MTC of Oslob has
jurisdiction to try this case etc. etc.”? NO, because the SC cannot make laws
although it can make rules and subject matter jurisdiction is vested only by LAW.
Can the parties agree that if they have an action between them/that any criminal
action shall be filed only in the RTC? No, because subject matter jurisdiction is
vested by law. It cannot be vested by contract, not by agreement, not by
omission, not by inaction, not by waiver.
Example: The accused is charged with acts of lasciviousness, the case is filed in the
RTC of Cebu City. The accused does not object. Can the court render valid
judgment? Jurisdiction will not rely on whether or not the accused objects or not.
How does law vest jurisdiction? In all offenses under the RPC, the jurisdiction is
fixed/determined on the basis of the imposable penalty of the offense.
If the offense is punished with a penalty of imprisonment of more than 6 years,
jurisdiction will lie in the RTC.
Is there any other way by which the jurisdiction is vested aside from the
imposable penalty?
- in the case of the Sandiganbayan PD 1606 its jurisdiction depends on 2 issues 1)
nature of the offense and 2) on the salary grade of the accused.
Can the jurisdiction of the RTC and MTC be determined other than on the basis of
the imposable penalty of the offense? With respect to offenses defined and
penalized under the RPC, jurisdiction of the court is determined on the basis of
imposable penalty. There are, however, cases wherein the jurisdiction of the
courts are determined on the basis of a special law basically on the nature of the
offense.
For example, Article 360 of RPC – the criminal and civil action for damages in
cases of written defamations as provided for in this chapter, shall be filed
simultaneously or separately with the court of first instance/RTC of the province
or city. Regardless of the imposable penalty.
- Environmental crimes, IP crimes – the penalty is no longer
determinative, it is the nature of the offense. Violations of VAWC, Child Abuse
Law. Regardless of the offenses, crimes involving minors where one of the
accused or the victim is below 18 yo, jurisdiction is with the Family Courts of the
RTC regardless of the penalty.
There are 2 ways by which the jurisdiction is defined, either by penalty or by
nature. With Special Laws, it vest jurisdiction by nature of the offense.
Jurisdiction of the SC upon criminal cases, with the exception of the ambassadors
and consuls, is only appellate. By appeal or by certiorari. 3 distinct type of cases
which are 1. A constitutional issue is involved; 2. Pure question of law is involved;
3. The penalty imposed is reclusion perpetua or higher. When it is not one of
these 3 types of cases, the SC cannot even exercise its appellate jurisdiction.
Does the Court of Appeals have original jurisdiction in criminal actions? NO. But
by BP Blg. 129, CA can now receive evidence and may now conduct hearing to
resolve questions of facts whether in an original action like in annulment of
judgment (only civil action) or in an appellate action. But still the CA has no
original jurisdiction to try criminal action – only exclusive appellate jurisdiction
over all final judgments, decisions, resolutions, orders or awards of RTCs. The SC
is absolutely has no authority to receive evidence because the SC is not a trier of
facts.
When is an order or decision deemed final? Final – the case below is finished and
nothing left for the RTC to do. As opposed to interlocutory order which is not
appealable.
What is the Subject Matter Jurisdiction of the RTC?
Sec.20 BP Blg 129 – RTC shall exercise exclusive original jurisdiction in all criminal
cases not within the exclusive jurisdiction of any court, tribunal or body. Which
means that if you can’t possibly conceive a criminal action which is not in the
exclusive jurisdiction of the MTC, the Sandiganbayan or any other courts then the
subject matter jurisdiction of that case will be upon the RTC.
MTCs have exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years irrespective of the amount of fine and
regardless of other imposable accessory or other penalties; provided however,
that in offenses involving damage to property through criminal negligence, they
shall have exclusive original jurisdiction thereof. MTCs have exclusive original
jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction.
Which court has jurisdiction over quasi offense? Reckless imprudence resulting in
______(inaudible)?
What is the jurisdiction of Family Courts in criminal actions? Family courts have
exclusive original jurisdiction over criminal cases where one or more of the
accused is below 18 yo but not less than 15 yo. (RA 10630), or when one of the
victims is a minor at the time of the commission of the offense: Provided, that if
the minor is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the respondent may have incurred. (Sec. 5 of RA 8369)
Under the Family Code, the jurisdiction of Family Courts is special. The penalties
are not important.
There are no such case as environmental court because there is no law, yet, which
creates such courts. Again, the SC designates some RTCs to function as
environmental courts. In the same way as commercial courts.
JURISDICTION OVER TERRITORY
A court may exercise jurisdiction over a criminal action if it has jurisdiction over
territory, territory is meant as the geographical location, a place, a physical
location. Criminal law is territorial. General Rule is: In all criminal prosecutions,
the action shall be instituted and tried in the court of municipality or territory
wherein the offense was committed or where anyone of the essential ingredients
took place.
Criminal law is territorial. It undertakes to punish crimes committed within the
Philippine territory. It is domestic or local law. Philippine courts have no
jurisdiction over crimes committed outside its territory.
EXCEPT: When can a court try offenses not committed within its territorial
jurisdiction? (Riano p.6)
1. When the offense was committed under the circumstances
enumerated in Art. 2 of the Revised Penal Code which states that “the provisions
of the RPC shall be enforced not only within the Philippine Archipelago but also
outside of its jurisdiction against offenders who:
a. Should commit an offense while on a Philippine ship or airship;
b. Should forge or counterfeit any coin or currency note of the
Philippines Islands or obligations and securities issued by the Government of the
Philippines Islands;
c. Should be liable for acts connected with the introduction into these
Islands of the obligations and securities mentioned above;
d. While being public officers and employees, should commit an offense
in the exercise of their functions; or
e. Should commit any of the crimes against national security of the law of
the nations.
Crimes against national security:
a. treason
b. conspiracy and proposal to commit treason
c. misprision of treason
d. espionage
e. inciting to war and giving motives for reprisal
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy’s country
Crimes against the law of nations are piracy and mutiny.
2. Where the Supreme Court, pursuant to its constitutional powers orders a
change of venue or place of trial to avoid a miscarriage of justice.
3. Where an offense is committed in a train, aircraft, or other public or private
vehicle in the course of its trip, the criminal action need not be instituted in the
actual place where the offense was committed. It may be instituted and tried in
the court of any municipality or territory where said train, aircraft, or vehicle
passed during its trip. The crime may also be instituted and tried in the place of
departure and arrival.
4. Where an offense is committed on board a vessel in the course of its voyage,
the criminal action shall be instituted and tried not necessarily in the place of the
commission of the crime. It may be brought and tried in court of the first port of
entry, or in the municipality or territory where the vessel passed during the
voyage.
5. Where the case is cognizable by the Sandiganbayan, the jurisdiction of which
depends upon the nature and the position of the accused.
6. Where the offense is written defamation, the criminal action need not
necessarily be filed in the RTC of the province or city where the alleged libelous
article was printed and first published. It may be filed in the province or city
where the offended party held office at the time of the commission of the offense
if he is a public office, or in the province or city where he actually resided at the
time of the commission of the offense in case the offended party is a private
individual.
The Court of Appeals hears, tries and decides cases in 23 divisions, consisting of 3
Justices per division, 69 Justices in the entire Philippines.
The 3 Divisions that sit in Cebu City exercises jurisdiction over Judicial Regions 6,
7, and 8. The CA exercise its jurisdiction by division and 3 of those divisions shall
hold stations in Cebu City.
What is the territorial jurisdiction of the RTC sitting in Cebu City? Sec 18 of BP Blg
129 – The SC shall define the territory over which a branch of the RTC shall
exercise its authority. The territory thus defined shall be deemed to be the
territorial area of the branch concerned for purposes of determining the venue of
all suits, proceedings or actions, whether civil or criminal, as well as determining
the MeTC, MTCs, and MCTCs over which the said branch may exercise appellate
jurisdiction.
When a criminal offense is committed in Talisay City can the RTC of Cebu City
exercise jurisdiction?
It depends on the territorial jurisdiction of that branch of the RTC as defined by
the Supreme Court under Section 18 of BP Blg 129.
The MTCs only has exclusive original jurisdiction in criminal cases.
The RTCs exercise appellate jurisdiction over all final judgments, proceedings,
orders or decisions of criminal cases decided by Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Circuit Trial Courts and Municipal Trial Courts in
Cities within their respective territorial jurisdictions.
If your client is convicted in MTC of Naga City, to which RTC is that judgment
appealable?
It depends on the territorial jurisdiction of that branch of the RTC as defined by
the Supreme Court.
PART 2 6/21/2016
How does the court acquire jurisdiction over the person of the accused?
- A court acquires jurisdiction over the person of the accused upon his
arrest or apprehension, with or without warrant, or his voluntary appearance or
submission to the jurisdiction of the court.
May an accused be convicted who has not been arrested? Yes because arrest is
not required in all criminal cases. Like in criminal cases governed by Summary
Procedure.
Absolute Rule: The Court cannot render any kind of valid judgment unless the
court acquired jurisdiction over the person of the accused.
Reason for the Rule: Section 14 (2) of ART III of the Constitution. The right of the
accused to be heard by himself or by his counsel. He cannot be possibly heard if
the court has no jurisdiction.
If the accused is already arraigned, the trial can proceed in absentia provided that
he is already been duly notified and his failure to appear is unjustifiable.
Rule 115 Sec 1 (c) and (f)
The rights of the accused during a criminal trial are to be observed strictly. And to
violate any rights of the accused can render the judgment void.
What is a criminal action? It is an action by which the State prosecutes a person
for an act or omission punishable by law. 2 parties – the State and the Accused.
The State is a juridical person and can only act through an agent because it has no
physical being. Who are the agents of the State to act/exercise the power to
prosecute?
- Department or Justice
- Other Government Agencies like PNP, Bureau of Corrections (under the
DOJ) – implements the penalties, manage the National penitentiary – people who
are already convicted.
- Bureau of Jails Management and Penology is under the DILG, local
government – people who are awaiting trial and convictions.
What is the difference between the Cebu City Jail and the Bilibid Prison?
The Bilibid Prison in Muntinlupa is operated by the Bureau of Corrections for
persons who have been convicted and whose appeals are pending. The Cebu City
Jail is operated by the Cebu City under the supervision and control of the BJMP for
persons awaiting trial or the detainees.
The power to prosecute criminal actions is vested exclusively in the DOJ. And who
in the DOJ are directly involved in the prosecution of actions?
- Secretary of Justice
- National Prosecution Service
- Regional Prosecutors
- Provincial Prosecutors
- City Prosecutors
You will notice that everything I have mentioned so far are executive officers
(under Executive Department).
Before they exercise the power to prosecute, they will have to determine first if
they should file a criminal action at all.
The process of Preliminary Investigation is an inquiry or proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and should be
held for trial.
Preliminary Investigation is required to be conducted before the filing of a
complaint or information for an offense where the penalty prescribed by law is
imprisonment of at least 4 years, 2 months and 1 day without regard to the fine.

How many ways to commence a criminal action?

- under Rule 110.
1. By filing a complaint with the proper officer for the purpose of
conducting the requisite Preliminary Investigation
2. By filing a complaint or information directly with the Court. Except if
the offense was committed in Metro Manila, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters.

How to determine whether it requires a preliminary investigation or not?

Complaint is a sworn written statement charging a person with an offense,

subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.

Information is an accusation in writing charging a person with an offense,

subscribed by the prosecutor and filed with the court.

Sufficiency of Complaint or Information must contain:

a. Name of the Accused
b. The designation of the offense given by the statute
c. The acts or omissions complained of as constituting the offense
d. The name of the offended party
e. The approximate date of the commission of the offense
f. The place where the offense was committed.