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Ultimate goal Over the territory

- Harmonizing governmental functions of - where crime is committed


maintaining peace and order - where essential ingredients occured
- Protecting constitutional rights of citizens - not able to try outside its limited territory

System of Procedure Person of the accused

Accusatorial – 2 sided structure - authority over the person


- jurisdiction acquired cannot be lost
- Consists of prosecution and defense - lost upon termination of case
- Tries to convince the court in their own correct a. Arrest
version of the truth b. Voluntary submission/surrender
Inquisitorial – court plays active role 1. Appears for arraignment
2. Enters into counsel-assisted plea
- Utilize evidence gathered outside court 3. Actively participates in trial
- Judge or group of judges participates in 4. Presents evidence for defense
gathering of facts 5. Motion for determination of probable cause
- Counsel have less active roles c. Voluntary appearance
1. Filing of pleadings
Liberal interpretation of rules 2. Seeking relief
Liberally construed to promote their objective of securing: 3. File motions
4. Seeking dismissal
- Speedy, inexpensive disposition of actions and
proceedings Note: right to illegal arrest waived

Requisites for the exercise of criminal jurisdiction Exception: validity of arrest

Over subject matter Objections: on jurisdiction

- authority to hear and decide an offense - Special appearance on court to question


- jurisdiction over offense charged jurisdiction
- information or complaint constitutes jurisdiction - Motion to quash the warrant of arrest
- determined by penalty imposable by law
- determined during commencement of criminal
action
- NOT DURING commission of offense
- Cannot be waived by parties

Exception to waiver: ESTOPPEL

Objections: on jurisdiction

- Raised or motu proprio by court


- Any stage of proceeding or appeal

Limitations on objections:

- If a party obtains or fails to obtain relief, he


cannot assail jurisdiction
- Same with civil cases

Note: law confers jurisdiction not rules


6. Refusal of accuse shall not prejudice him
7. During preliminary conference, admission must
Jurisdiction of COURTS be In writing and signed by accused and counsel
Municipal trial court 8. Arrest of accused only on grounds of failure to
appear when required by court
Municipal circuit trial court - May be released on bail or recognizance of a
responsible citizen
Metropolitan trial court 9. Judgment not later than 30 days after
Exclusive and original jurisdiction termination of the trial

1. All violations of city or municipal ordinance Prohibited pleadings, motions, petitions in


committed in their respective territorial Criminal and civil summary procedure
jurisdiction
- All offenses with imprisonment not exceeding 6 1. Motion to quash
years - Except if ground is lack of jurisdiction or failure
- Irrespective of fine to comply with barangay conciliation
- Regardless of accessory penalties proceedings
- Irrespective of civil liability - Bill of particulars
2. Damage to property through criminal negligence - Motion of new trial/ reconsideration
3. BP 22 - Relief from judgment
4. Summary procedure in certain cases - Extension of time to file pleadings
5. Special jurisdiction to decide on application for - Memoranda
bail ( in absence of RTC) - Certiorari, mandamus
- Declare defendant in default
Summary procedure in MTC, MTCTC, MTC - Motions for postponement
1. Violation of traffic laws, rules and regulations - Reply
2. Violation of rental law - Third party complaints
3. B.P. 22 cases - Interventions
4. Violation of municipal ordinances
5. Imprisonment no more than 6 years RTC JURISDICTION
6. Damage to property through negligence and fine
not exceed 10,000 1. All criminal cases
- Except those within exclusive jurisdiction of any
Summary procedure court
1. By complaint or information - Except falling under exclusive jurisdiction of
2. Accompanied by affidavits of the complainant sandigan bayan
and witness 2. Issuance of writs of certiorari, prohibition,
3. Affidavit shall state facts of direct personal mandamus, quo warranto, habeas corpus and
knowledge injunction
(Violation ground for inadmissible affidavit or - Only in their respective regions
portion of it) 3. Appellate jurisdiction in cases decided by MTC
4. If court finds no cause or ground, order the within territorial jurisdiction
dismissal 4. Special jurisdiction as determined by SC
- If there is ground, set case for arraignment and 5. Under specific laws
trial a. Written defamation
- If already in custody, immediate arraignment b. Comprehensive dangerous drugs act
- If enters plea of guilty, sentence already c. Designated RTC for violation of intellectual
5. Before conducting trial property rights
a. Enter stipulation of facts d. Cases on money laundering
b. Consider allowing accused to enter plea of - Except those committed by public officers and
guilty to lesser offense private persons in conspiracy with public officers
c. Clarify issues and ensure speedy disposition
of the case
SANDIGANBAYAN JURISDICTION - If not, information must contain specific factual
allegations showing intimate connection
1. Anti-graft and corrupt practices – R.A. 3019 between offense charged and public office
2. Original jurisdiction in cases:
a. R.A. 3019 Summary- in relation to public office
b. R.A. 1379 –forfeiture in favour of the state
any property fount to have been unlawfully a. Office an element of crime charged
acquired by any public officer or employee b. Offense intimately connected with discharge of
c. Chapter 2, section 2, title 7, book 2 of RPC – official function
one or more of the accused are officials Jurisdiction of SB over private persons
occupying the following positions in
government, whether permanent or Effect of Death
interim.
i. Officials of executive branch occupying 1. Must be in conspiracy
positions of regional director and higher 2. Even if public officer died before filing of
ii. Members of congress and officials information, as long as conspiracy is proved
iii. Members of the judiciary without prejudice 3. Private person may be indicted alone
to the constitution - Law does not require that private person be
iv. Chairmen and members of concom indicted with public officer
v. All other national and local officials Office of the ombudsman
classified as grade 27 and higher under
compensation and position classification - Shall represent the people of the Philippines
act of 1989 - In all cases elevated to SB
a. Provincial governors, vice governors - In all cases from SB to SC
b. City mayors, vice mayors
c. Officials of diplomatic service, consul Exception:
d. PNP and army, air force colonel and navy
- In cases pursuant to EO nos. 1, 2, 14, 14-A
captains
e. City and provincial prosecutor OFFENSES
f. Presidents, directors, trustees, managers of
GOCC, state universities, educational institutions 1. Anti-money laundering
or foundations 2. Plunder law
3. Bribery on all forms including corruption of 3. Forfeiture cases
public officers
Note:
4. In relation to their office
- forfeiture case under R.A. 1379 different from a
Note: if not mentioned above, shall be under jurisdiction
plunder case
of RTC but SANDIGANBAYAN shall have appellate
- plunder case does not absorb forfeiture case
jurisdiction

- Issuance of writs (RTC #2) arising from cases


under EO nos. 1, 2, 14 and 14-A
- Provided that petitions are not exclusive
jurisdiction of SC

Note: private individuals charged as co-principals (in


conspiracy) shall be tried jointly with said public officers
and employees in proper courts which shall exercise
exclusive jurisdiction over them

Note: public official need not be the principal, being an


accomplice or accessory is sufficient.

Note: Information

- If public office is constituent element, no need to


state in information
INSTITUTION OF CRIMINAL ACTIONS Rule on Prescription for violation of municipal ordinances
and special laws
Purpose of Criminal Action
- prescription shall be suspended when
1. determine penal liability of accused for having proceedings are instituted against a guilty person
outrage the state - judicial proceedings NOT ADMINISTRATIVE
2. if found guilty, punish him - judicial proceedings for its investigation and
Criminal Cases against State punishment

- private offended party is limited to civil liability Prescription

How Criminal actions are instituted - shall start from the commission of the offense
- or from discovery thereof
1. IF preliminary investigation is required
- By filing the complaint with the proper officer
- To conduct requisite preliminary investigation PROSECUTION OF CRIMINAL ACTION
2. If not
- Direct filing of Complaint or Information to MTC General rule: commenced by complaint or information
or MCTC
- By filing the complaint with office of prosecutor 1. prosecuted under direction and control of public
prosecutor
No direct filing in RTC - even if there is a private prosecutor

- Because all offenses requires preliminary Rationale: outrage against the state, it follows that
investigation representative of state shall direct and control the
prosecution
Note:
Consequences of the rule
- direct filing occurs when preliminary
investigation is not needed 1. Public prosecutor functions:
- offenses which penalty prescribed is less than 4 a.determine whether prima facie case exists
years 2 months 1 day b.decide which of the conflicting testimonies
should be believed free from the interference
No direct filing in MTC of Manila and Chartered Cities or control of the offended party
- general rule provides that complaints must be c. determine which witnesses to present in
filed in the office of the prosecutor court
- unless otherwise provided in their charters (subject to right against self-incrimination)
2. public prosecutor may turn over prosecution of
Prescriptive period criminal case to private prosecutor but may take
over any time.
General rule: institution of criminal action shall interrupt
prescriptive period Absence of prosecutor on MTC or MCTC

Exception: unless otherwise provided in special laws May be prosecuted by:

Actions: a. offended party


b. peace officer
1. if it needs preliminary investigation c. public officer charged with the enforcement of
- filing of complaint with proper officer the law violated
Exception: unless otherwise provided for in special
laws

2. if it does not need preliminary investigation


- direct filing of information or complaint in
Office of the Solicitor General (OSG) c. Institutes civil action prior to criminal action

1. OSG may bring an appeal on the criminal aspect Note: right of the private prosecutor is for the sole
representing the people purpose of enforcing the civil liability
- If there is a dismissal
- If there is an acquittal - Intervention is subject to direction and control of
2. OSG on criminal case is the Appellate counsel of the public prosecutor
the People of Philippines Effect of the filing of an independent civil action
Note: only the solicitor general is vested with the authority 1. Does not deprive the offended party of the right
to represent the people in CA or SC to intervene in the civil action through private
- No other prosecutor
2. Civil liability arising from the offense charged
Rationale:
Civil liability arising from quasi delict
- people of the Philippines, real party in interest,
necessary follows that only OSG can represent - Entirely separate and distinct from civil liability
the people of the Philippines arising from negligence under the penal code
- Those arising from independent civil actions and
Exception: quasi-delict do not arise from the felony or crime
- Those under articles 32, 33, 34 and 2176 of civil
- in cases elevated to Sandiganbayan and from code
Sandganbayan to SC, it is the office of the
Ombudsman that will represent the People of Prosecution of PRIVATE CRIMES
the Philippines
Adultery and concubinage
Securities and Exchange Commission
- Only upon complaint by offended spouse
- offense is a violation of special law - Must be instituted against BOTH guilty parties
- violation of Securities Regulation Code - No institution of case if offended spouse has:
a. Consented
Prosecution of Special laws b. Pardoned
- sometimes require designation of special Seduction, Abduction, Acts of Lasciviousness
prosecutors from different government agencies
to assist the public prosecutor - Only upon complaint filed by
a. Offended party
private prosecutor on criminal cases b. Parents
1. if authorized to do so in writing, authorization c. Grandparents
shall be given by: d. Guardian
a. Chief of the Prosecution Office Exception: if offended party dies or becomes incapacitated
b. Regional State Prosecutor before she can file a complaint, and has no parents,
2. Written authorization must be approved by guardian, grandparents, STATE shall initiate the action
court
Note: even minor can initiate the prosecution,
Extent: independently of her parents, grandparents or guardian
- Until end of trial - Except if she is incompetent or incapable
- Unless authority is revoked or withdrawn
Defamation
Intervention of offended party
- ONLY in the imputation of the offenses of
- Only in Civil liability adultery, concubinage, seduction, abduction and
Private prosecutor may not intervene if acts of lasciviousness
- ONLY the offended party
a. Waives the civil action
b. Reserves the right to institute it separately
PROSECUTION OF RAPE Infirmity of signature in the information

R.A. 8353, reclassifies rape as crimes against person - signed by person without authority
- dismissal is not a bar to subsequent prosecution
- may be commenced by filing of information by the public - jeopardy does not attach when accused pleads
prosecutor to a defective indictment

Note: lack of authority is ground for quashal


COMPLAINT AND INFORMATION SUFFICIENCY OF THE COMPLAINT OR INFORMATION
COMPLAINT (sworn and written) a. name of the accused (all if many)
- Sworn written statement b. designation of the offense given by statute
- Charging a person with an offense c. acts or omissions constituting the offense
- Subscribed by the offended party, any peace d. name of the offended party
officer, other public officer charged with e. approximate date of the commission of the
enforcement of the law offense
1. It is filed in the name of the PEOPLE OF THE f. place where the offense was committed
PHILIPPINES Test for sufficiency of the complaint or information
2. Complainants role is limited to that of a witness
1. crime is described in intelligible terms with such
INFORMATION particularity as to apprise the accused
- An accusation in writing charging a person with - enable accused to suitably prepare for his
an offense defense
- Subscribed by the prosecutor and filed with - accused is presumed to have no independent
court knowledge of the facts that constitutes the
- Need not to be sworn offense
- Only PROSECUTOR may subscribe the 2. must validly charge the offense
information - material facts shall establish the essential
- Filed in the name of the People of the Philippines elements of a crime to the point of moral
certainty for purposes of conviction
Note: Criminal prosecution revolve around proving beyond
reasonable doubt the existence of the elements of the DEFECT
crime charged - does not really charge an offense
- Allegations in the information are CRUCIAL to - when essential element of the crime has not
the success or failure of a criminal prosecution been sufficiently alleged
- Considered as battle ground in criminal Questioning the insufficiency of the complaint
prosecution
1. before arraignment
DISCTINCTIONS 2. cannot be made for the first time during appeal
Complaint 3. move for quashal if not in prescribed form
- failure to pursue remedy amounts to waiver
- Sworn and written
- Subscribed by
a. Offended party
b. Any peace officer
c. Public officer charged with enforcement of
the law violated

Information

- No need to be sworn
- In writing
- Prosecutor is acting under oath
- Subscribed by prosecutor