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    How Is Jurisdiction

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    Precious Ruba
    The document discusses how courts acquire jurisdiction over criminal defendants. Jurisdiction can be acquired through a defendant's arrest or voluntary appearance in court, such as by pleading, attending arraignment, or posting bail. However, a special appearance to challenge jurisdiction does not constitute consent to it. While posting bail generally means submitting to the court's authority, an exception is if the arrest warrant was invalid for lack of probable cause. The document also notes the jurisdiction of regular courts and the Sandiganbayan over money laundering cases.

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    How Is Jurisdiction

    Uploaded by

    Precious Ruba
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    The document discusses how courts acquire jurisdiction over criminal defendants. Jurisdiction can be acquired through a defendant's arrest or voluntary appearance in court, such as by pleading, attending arraignment, or posting bail. However, a special appearance to challenge jurisdiction does not constitute consent to it. While posting bail generally means submitting to the court's authority, an exception is if the arrest warrant was invalid for lack of probable cause. The document also notes the jurisdiction of regular courts and the Sandiganbayan over money laundering cases.

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    How is Jurisdiction

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    The document discusses how courts acquire jurisdiction over criminal defendants. Jurisdiction can be acquired through a defendant's arrest or voluntary appearance in court, such as by pleading, attending arraignment, or posting bail. However, a special appearance to challenge jurisdiction does not constitute consent to it. While posting bail generally means submitting to the court's authority, an exception is if the arrest warrant was invalid for lack of probable cause. The document also notes the jurisdiction of regular courts and the Sandiganbayan over money laundering cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    46 views2 pages

    How Is Jurisdiction

    Uploaded by

    Precious Ruba
    The document discusses how courts acquire jurisdiction over criminal defendants. Jurisdiction can be acquired through a defendant's arrest or voluntary appearance in court, such as by pleading, attending arraignment, or posting bail. However, a special appearance to challenge jurisdiction does not constitute consent to it. While posting bail generally means submitting to the court's authority, an exception is if the arrest warrant was invalid for lack of probable cause. The document also notes the jurisdiction of regular courts and the Sandiganbayan over money laundering cases.

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    © All Rights Reserved
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    JURISDICTION OVER THE PERSON OF ACCUSED - is acquired either by his/her arrest

    or voluntary appearance in court.

    The voluntary appearance of the accused is accomplished either by his

    1. pleading to the merits (such as by filing a motion to quash or other pleadings


    requiring the exercise of the court's jurisdiction)
    2. appearing for arraignment, entering trial, or
    3. by filing bail

    On the matter of bail, since the same is intended to obtain the provisional liberty of the
    accused, as a rule, the same cannot be posted before custody of the accused has been
    acquired by the judicial authorities, either by his arrest or voluntary surrender.

    Jurisdiction over the person of the accused refers to the authority of the court, not over the
    subject matter of the criminal litigation, but over the person charged. This kind of
    jurisdiction requires that "the person charged with the offense must have been brought in to
    its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the
    court" (Antiporda v. Garchitorena, 321 SCRA 551; Cruz v. Court of Appeals, 388 SCRA 72;
    Cojuangco v. Sandiganbayan, 300 SCRA 367).

    A special appearance before the court to challenge the jurisdiction of the court over the
    person is not tantamount to estoppel or a waiver of the objection and is not a voluntary
    submission to the jurisdiction of the court (Garcia v. Sandiganbayan, G.R. No. 170122,
    October 12,2009).

    Likewise, the assertion that the court never acquired jurisdiction over the person of the
    accused because the warrant of arrest issued is null and void because no probable cause
    was found by the court issuing it, cannot be sustained because he posted a bail. The giving
    or posting of a bail by the accused is tantamount to submission of his person to the
    jurisdiction of the court. Even if it is conceded that the warrant issued was void, the
    defendant waived all his rights to object by appearing and giving a bond (Cojuangco, Jr. v.
    Sandiganbayan, 300 SCRA 367; Velasco v. Court of Appeals, 245 SCRA 677).

    Jurisdiction of the Sandiganbayan, Sec. 4 of P.D. 1606

    Jurisdiction in Money Laundering Cases. — The Regional Trial Courts shall have jurisdiction
    to try all cases on money laundering. Those committed by public officers and private
    persons who are in conspiracy with such public officers shall be under the jurisdiction of the
    Sandiganbayan (Sec. 5, RA. 9160, Anti-Money Laundering Act of2001).

    There is, however, an exception to the rule that filing pleadings seeking affirmative
    relief constitutes voluntary appearance, and the consequent submission of one’s person
    to the jurisdiction of the court. This is in the case of pleadings whose prayer is precisely
    for the avoidance of the jurisdiction of the court, which only leads to a special
    appearance. These pleadings are: (1) in civil cases, motions to dismiss on the ground of
    lack of jurisdiction over the person of the defendant, whether or not other grounds for
    dismissal are included, RULES OF COURT (Rule 15, Section 20); (2) in criminal cases,
    motions to quash a complaint on the ground of lack of jurisdiction over the person of
    the accused; and (3) motions to quash a warrant of arrest. The first two are
    consequences of the fact that failure to file them would constitute a waiver of the
    defense of lack of jurisdiction over the person. The third is a consequence of the fact that
    it is the very legality of the court process forcing the submission of the person of the
    accused that is the very issue in a motion to quash a warrant of arrest.

    Remedy:

    Motion to Quash

    http://sc.judiciary.gov.ph/jurisprudence/2006/mar2006/G.R.%20No.%20158763.htm

    Miranda v Tuliao, G.R. No. 158763, March 31, 2006.

    In actions in personam such as ejectment, the court acquires jurisdiction over the person of the
    defendant through personal or substituted service of summons. However, because substituted service is
    in derogation of the usual method of service and personal service of summons is preferred over
    substituted service, parties do not have unbridled right to resort to substituted service of summons.

    Tam-Wong v. Factor-Koyama, 616 Phil. 239, 250 (2009)

    Sps. Jose v. Sps. Boyon, 460 Phil. 354, 363 (2003)

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