CLJ 6 Assignment

CRISTEL JOY V.
BUENO
BS-CRIM 3 SECTION 39
 Criminal Jurisdiction and its Elements
Criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it. Commission of the offense within the territorial jurisdiction of the court.
1. The offense is one which the court is by law authorized to take cognizance;
2. The offense must have been committed within its territorial jurisdiction
3. Person charged with the offense must have been brought to its presence for trial, forcibly
by warrant of arrest or upon his voluntary submission over the territory where the offense
was committed and the jurisdiction over the person of the accused. (PP vs Rivera)
 Valid Exercise of Criminal Jurisdiction
 JURISDICTION OVER THE SUBJECT MATTER—meant the nature of the cause of

action and of the relief sought, and this is conferred by the sovereign authority which
organizes the court and is to be sought specially conferred. • Conferred by law not of the
parties. • It can be challenge at any stage of the proceedings and for lack of it, the court
can dismiss a case ex mero muto.
 JURISDICTION OVER THE TERRITORY— criminal cases is jurisdictional.
(Regpala vs Tubod) • Hence, criminal action shall be instituted and tried in the court of
the municipality or province wherein the offense was committed or where any of its
essential ingredients took place (Sec. 15, Rule 110). A court cannot try an offense outside
its territorial limits where it operates. • One cannot be held to answer for any crime
EXCEPT in the jurisdiction where it was committed. (Hernandez vs Albano/ PP vs
Mercado)—the purpose not to compel defendant to move and appear in court different
from that province it was committed as it would cause great inconvenience. (Beltran vs
Ramos)
 JURISDICTION OVER CONTINUING CRIMES—there should be plurality of the
acts performed separately during the period of tie, unity of penal provision infringed upon
or violated, and the unity of the intent or purpose which means that the two or more
violations of the same penal provision are united in one at the same intent leading to the
perpetrator of the same criminal purpose or aim. (PP vs Zapata and Bondoc)
 Please do a research on the Criminal Jurisdiction of the following Trial Courts;

1. Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan Trial
Court
• EXCLUSIVE ORIGINAL JURISDICTION over all violations of city and
municipal ordinances committed within their respective territorial jurisdiction;
• EXCLUSIVE ORIGINAL JURISDICTION over all offenses with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount thereof,
PROVIDED however, that the offenses involving damage to property through
criminal negligence( as amended bye R.A. No. 7691)
• SPECIAL JURISDICTION IN CERTAIN CASES —in the absence of all Regional
Trial Judges in the province or city, any Metropolitan Trial Judge, Municipal Circuit
Trial Judge, Municipal Trial Judge may hear and decide petitions for a writ of habeas
corpus or applications for bail in criminal cases in the province or city where the
Regional Trial Judges sit.
2. Regional Trial Court
 SEC. 21—ORIGINAL JURISDICTION IN OTHER CASES: • 1. In the issuance
of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and
injunction which may be enforced in any part of their respective regions. • 2. In
actions affecting ambassadors and other ministers and consuls.
 Sec. 22—APPELLATE JURISDICTION—over all cases decided by MTC,
MCTC, MTCC in their respective territorial jurisdiction. • Such cases shall be
decided on the basis of the entire record of the proceedings had in the court of
such origin and such memoranda and/or briefs as may be submitted by the parties
or required by the RTC. • The decision of the RTC in such cases shall be
appealable by the petition for review in the CA
 CA APPEAL—may give it due course only when the petition show prima facie
that the lower court has committed an error of fact or law that will warrant
reversal or modification of the decision or judgment sought to be reviewed.
 SEC. 23- SPECIAL JURISDICTION TO TRY SPECIAL CASES- the Supreme
Court may designate certain branches of the RTC to handle EXCLUSIVE
criminal cases, juvenile and domestic relation cases, agrarian cases, urban land
reform cases which do nor fall under the jurisdiction of a quasi-judicial bodies
and agencies, and/or such other special cases as the Supreme Court may
determine in the interest of a speedy and efficient administration of justice.
 BP 129 Sec. 24—SPECIAL RULES OF PROCEDURE- whenever a RTC takes
cognizance of juvenile and domestic relation cases and/or agrarian cases, the
special rules of procedure applicable under present laws to such cases shall
continue to be applied unless subsequent amended by law or by rules of court
promulgated by the SC.
3. Sandigan Bayan
 the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the CA, shall apply to appeals and petitions for
review filed with the Sandiganbayan.
 In all cases ELEVATED to the Sandiganbayan and from Sandiganbayan to the

Supreme Court, the office of the Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, EXCEPT in cases filed pursuant to EO
Order Nos. 1,2,14, and 14- a issued in 1986.
 IN CASES OF PRIVATE INDIVIDUALS are charged as co-principals,
accomplices, or accessories with the public officers or employees, including those
employed in government-owned and controlled corporations, they shall be tried
jointly with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
 Any provisions of the law or Rules of Court contrary notwithstanding, the

criminal action and the corresponding civil action for the recovery of civil liability
shall at all times be simultaneously instituted with, and jointly determined in the
same proceeding by the Sandiganbayan or the appropriate courts, the filing of the
criminal action being deemed to necessarily carry with it the filing of the civil
action and no right to reserve the filing of such civil action separately from the
criminal action shall be recognized.
 PROVIDED however, that where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is
hereafter filed with Sandiganbayan or the appropriate court, said civil action shall
be transferred to the Sandiganbayan or the appropriate court, as the case may be,
for consolidation and joint determination with the criminal action, otherwise the
separate civil action shall be deemed abandoned.
 CASES filed are those committed by public officials and employees in relation to
their office (Sanchez vs Demetriou) • The offense must be intimately connected
with the office of the offender and perpetrated while he was in the performance
thereof, improper or irregular of his official functions. (Montilla vs Hilario) • The
offense cannot exist without the office, or that the office must constituent element
of the crime and must be alleged in the information. (Republic vs Asuncio/ Larson
vs Exec. Sec.)

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CRISTEL JOY V.

 Criminal Jurisdiction and its Elements

 Valid Exercise of Criminal Jurisdiction

 JURISDICTION OVER THE SUBJECT MATTER—meant the nature of the cause of

 Please do a research on the Criminal Jurisdiction of the following Trial Courts;

 In all cases ELEVATED to the Sandiganbayan and from Sandiganbayan to the

 Any provisions of the law or Rules of Court contrary notwithstanding, the

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