CHAPTER 1

CRIMINAL JURISDICTION

CRIMINAL JURISDICTION - is the authority of the court to hear and

thi particular offense and to impose the punishment provided by law.
(Conde v. Mamenta, 142 SCRA 500 [1986]; People v. Mariano, 71
SCRA
6009 604)

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION;

1. the offense is one which the court is by law authorized to take
cognizance of (jurisdiction over the offense or subject matter);
2. the person charged with the offense must have been brought to
its presence for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court (jurisdiction over the person
of the accused); and
3. the offense must have been committed within its territorial
jurisdiction (jurisdlction over the territory). (See: Fullero v.
People, 533 SCRA 97; People v. Rivera, 07263-CR, April 27,
1970)
Jurisdiction over the offense is acquired either by:
1, The nature of the offense committed;
2. The penalty imposed by law on the offense committed; or
3. When so specifically provided by law.
Jurisdiction over the person of the accused is acquired either by:
1. The arrest of the accused, either by virtue of a warrant of arrest or
by a warrantless arrest; or
2. The voluntary surrender of the accused of his/her person to the
authorities or the court.
VENUE is defined as the place, site or territory where the
crime was committed. The court cannot take cognizance of an offense
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 which was not committed over its territorial jurisdiction. In short, venue
is jurisdictional in criminal cases. (See: I/usorio v. Bildner, 575 SCRA
272. Foz, v. People, 603 SCRA 124)
As a matter of procedural principle in criminal law, venue
cannot be changed as it is jurisdictional. However, there is a
particular instance when venue in criminal cases may be changed
when it is by order of the
Supreme Court "to avoid miscarriage of justice." (Article Ill, Section 5,
pm: [4], Philippine Constitution)

DETERMINATION OF CRIMINAL JURISDICTION

Criminal Jurisdiction is determined by:
1. The allegations in the complaint or information (upon the
filing of the complaint or information in court) and not by the results
of proof or by the trial court's appreciation of the evidence presented
(not after the judgment has been rendered); and
2. The law in force at the time of the institution of the criminal
action. This is in consonance with the basic principle in criminal law
that there is no crime where no law is punishing it ("nullum crimen,
nullapoena sine lege").
Once vested, jurisdiction cannot be withdrawn by:
a.) a subsequent valid amendment of the information;
b.) a subsequent statute amending of the rules on jurisdiction.

As a general rule, the jurisdiction of a court to try a

criminal case is determined by the law in force at the time of
the institution of the action, not at the time of the commission
of the offense. (People v. Sandiganbayan [Third Division],
597 SCRA
49; Palana v. People, 534 SCRA296)
The exception is where jurisdiction is dependent on
the nature of the position of the accused at the time of the

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 commission of the offense. In this case, jurisdiction is
determined by the law

1
in force at the time of the commission of the offense. (Subido v.
Sandiganbayan, 266 SCRA 379)

HIERARCHY OF COURTS IN CRIMINAL CASES

COURTS OF ORIGINAL JURISDICTION - Those courts in which,

under the law, actions or proceedings may originally be commenced or
filed for the first time.

COURTS OF APPELLATE JURISDICTION - courts which have the

power to review on appeal the decisions or orders of a lower court.

SUPERIOR COURTS — Courts which have the power of review or

supervision over another lower court.

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INFERIOR COURTS - Courts which, in relation to another court, are
lower in rank and subject to review and supervision by the latter.

ORIGINAL APPELLATE
COURTS JURISDICTION JURISDICTION

MUNICIPAL (a) All violations of NONE

TRIAL COURT/ City and Municipal
MUNICIPAL ordinances
CIRCUIT committed within
TRIAL COURT/ their respective
METROPOLITAN jurisdictions;
TRIAL COURT
(b) Over all offenses
punishable with
imprisonment not
exceeding six (6)
years irrespective of
the amount of fine;
( c ) Damage to
property through
criminal
negligence.
REGIONAL TRIAL (a) All cases not within Over decisions
COURT(RTC) the exclusive or judgments of
original jurisdiction
of a any court ,
the
tribunal or body; in MTC[MCTC/
other words, those MeTC under
which carry the letters (b) and
penalty exceeding (c) of their
six (6) years of original
imprisonment;
jurisdiction.
(b) Those not covered
by the jurisdiction
of the
Sandiganbayan.

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 SANDIGANBAVAN (n) Violations of R. A. Over decisions
3019, otherwise or judgments of
known as the the Regional
Antigraft and Corrupt Trial
Practices Act, R. A. Court over cases
1379, and Chapter Il, committed by
sec. 2, Title Vll, of public officers
Book Il of the
Revised Penal Code. under its Original
jurisdiction
(b) Officials of the
executive branch
occupying the
positions of
regional director
and higher,
otherwise classified
as Grade "27" and
higher.
(C) Philippine Army and
Air Force colonels,
Naval captain, and
all officers of
higher rank;
(d) Officers ofthe
PNPwhile occupying
the position of
provincial director
and those holding the
rank of senior
superintendent or
COURT OFAPPEALS Over the decisions
or judgments of
the RTC on:
(a) Questions of
facts;
(b) Questions of
law; or
(c) Both questions
of facts and
NONE law
SUPREME COURT Over the decisions
NONE or judgments of
the Court of

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 Appeals and the
Sandiganbayan
involving
questions of law
only.

Katarungang Pambarangay

Our Katarungang Pambarangay System, which was first

established by P.D. No. 1508, promotes and implements the amicable
settlement of disputes at the barangay level before resorting to filing cases
in court.

Sections 399 to 422 of R.A. No. 7160 (otherwise known as

The Local Government Code of 1991) superseded PD. No. 1508.

The following, however, are not subject to Barangay

conciliation: (1) Offenses for which the law prescribes a maximum
penalty of imprisonment exceeding one (1) year or a fine over five
thousand pesos (P5,000.00); (2) Offenses where there is no private
offended party; (3) Criminal cases where accused is under police
custody or detention.
(Aguilar, Procedural Rules in Criminal Actions, First Edition, p, 17)

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