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Criminal Procedure Preliminary

This document discusses criminal procedure and jurisdiction in criminal cases. It notes that for a court to have jurisdiction over a criminal case, the offense must have occurred within the court's territorial jurisdiction. It outlines the three types of jurisdiction required: 1) jurisdiction over the subject matter, which is determined by the allegations in the complaint/information; 2) jurisdiction over the person of the accused, which can be acquired through arrest, voluntary appearance, or participation in trial proceedings; and 3) jurisdiction over the territory, meaning the offense must have occurred within the court's geographic boundaries. The document then provides an overview of the stages in a criminal prosecution process.

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Mark Anthony Trayvilla
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140 views1 page

Criminal Procedure Preliminary

This document discusses criminal procedure and jurisdiction in criminal cases. It notes that for a court to have jurisdiction over a criminal case, the offense must have occurred within the court's territorial jurisdiction. It outlines the three types of jurisdiction required: 1) jurisdiction over the subject matter, which is determined by the allegations in the complaint/information; 2) jurisdiction over the person of the accused, which can be acquired through arrest, voluntary appearance, or participation in trial proceedings; and 3) jurisdiction over the territory, meaning the offense must have occurred within the court's geographic boundaries. The document then provides an overview of the stages in a criminal prosecution process.

Uploaded by

Mark Anthony Trayvilla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRIMINAL PROCEDURE NOTE: VENUE in criminal cases is an essential element of jurisdiction.

In
CLJ-03 order for jurisdiction to be acquired by the court in a criminal case, the
ATTY. MARK ANTHONY TRAYVILLA offense should have taken place or any one of its essential ingredients
should have taken place within the territorial jurisdiction of the court.
INTRODUCTION
I. JURISDICTION OVER THE SUBJECT MATTER
Criminal Law – the branch of substantive law that defines crime, treats of their nature Characteristics:
and provides for their punishment.
1. Jurisdiction over the subject matter is “conferred by law.”
Criminal Procedure 2. Jurisdiction cannot be fixed by the will of the parties nor can it be acquired or
diminished by any act of the parties.
- Lays down the processes by which an offender is made to answer for the 3. In criminal cases, jurisdiction over the subject matter cannot be conferred
violation of criminal laws. upon the court by the accused, express waiver or otherwise.
- It is concerned with the procedural steps through which a criminal case 4. It cannot be conferred by mere administrative policy of any trial court.
passes, commencing with the initial investigation of a crime and concluding
with the unconditional release of the offender. NOTE: Jurisdiction over the Subject Matter is determined by the allegations in the
complaint or information.
Liberal Interpretation
The statute in force at the time of the institution of the action determines the jurisdiction
- The rules on criminal procedure, as part of the Rules of Court, shall be of the court over the subject matter and not at the time of the commission.
“liberally construed in order to promote their objective of securing a just,
speedy and inexpensive disposition of every action and proceeding (Sec. 6 Rule II. CRIMINAL JURISDICTION OVER THE PERSON OF THE ACCUSED
1, Rules of Court)
How acquired:
Due Process - Mandatory in Criminal Proceedings
1. Upon arrest or apprehension, with or without a warrant;
1. Requirements of Due Process (Alonte vs Savellano Jr., 287SCRA245) 2. By voluntary appearance or submission to the jurisdiction of the court.
a. That the court of tribunal trying the case is properly clothed with Example:
judicial power to hear and determine the matter before it; a. By filing a motion to quash
b. That jurisdiction is lawfully acquired by the court over the person of b. Appearing for arraignment
the accused; c. Participating in the trial
c. That the accused is given the opportunity to be heard; and
d. That judgment is rendered only upon lawful hearing (OVERVIEW) STAGES IN CRIMINAL PROSECUTION:

CRIMINAL JURISDICTION 1. Filing of Complaint/Arrest of offender


Basic requisites before a court can acquire jurisdiction over a criminal case: 2. Inquest/Preliminary Conference
3. Filing of Information in Court
1. Jurisdiction over the subject matter – refers to the authority of the court 4. Arraignment
to hear and determines a particular criminal case. 5. Pre-trial
2. Jurisdiction over the person of the accused – refers to the authority of the 6. Trial
court over the person charged. It requires that the “person charged with 7. Judgment
an offense must have been brought in to the court’s forum for trial, forcibly 8. Post-Judgment Remedies/Appeal
by a warrant of arrest, or upon voluntary submission to the court.” 9. Execution/Entry of Judgment
3. Jurisdiction over the territory – refers to the venue in criminal cases. The
offense must have been committed within the court’s territorial
jurisdiction. This fact is determined by the facts alleged in the complaint
or information as regards to the place where the offense charged was
committed.

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