Crimpro Digest
Crimpro Digest
JURISDICTION IN GENERAL and not Direct Bribery only as contended by the
DE LIMA vs. HON. JUANITA GUERRERO, petitioner.
G.R. No. 229781, October 10, 2017 Therefore, as R.A 9165 is the special law which
operates as an exception to the general law, R.A 10660,
FACTS: it is the RTC who has jurisdiction over the violation of
The Congress conducted several inquiries with inmates R.A No. 9165 as averred in the Information.
who testified on the proliferation of dangerous drugs
syndicated at the New Bilibid Prison, these testimonies VOLUNTARY SUBMISSION
were supported by affidavits. These legislative inquiries PEOPLE v. GO
led to several complaints against the then Secretary of G.R. No.168539, 25 March 2014
Justice Leila De Lima, they were filed with the
Department 3FACTS:
of Justice and were consolidated by virtue of DOJ D.O A complaint was filed with the Office of the Ombudsman
No. 790. against several individuals for alleged violation of R.A.
3019 otherwise known as the Anti-Graft and Corrupt
The DOJ Panel of Prosecutors conducted a preliminary Practices Act. Among those charged was herein
hearing wherein the petitioner, through her counsel, filed respondent for having supposedly conspired with then
an Omnibus Motion to Immediately Endorse the Cases DOTC Secretary Enrile in entering into a contract which
to the Office of the Ombudsman and for the Inhibition of is grossly and manifestly disadvantageous to the
the Panel of Prosecutors and the Secretary of Justice, government.
arguing that the Ombudsman has the exclusive
jurisdiction on the complaints filed against her. The Respondent filed a Motion to Quash the Information
preliminary investigation recommended the filing of filed against him on the ground that the operative facts
Informations against De Lima. adduced therein do not constitute an offense under
Section 3(g) of R.A. 3019. He also contended that he
Thus, three Informations were filed against De Lima was neither a public officer nor was capacitated by any
charging her of violation of Section 5, Section 26(b), and official authority as a government agent, thus may not
Section 28 of R.A No. 9165 before the RTC of be prosecuted for violation of Section 3(g) of R.A. 3019
Muntinlupa City. Petitioner filed a Motion to Quash
raising that the RTC lacks jurisdiction over the offense The prosecution contended that the Sandiganbayan has
charged against the petitioner. already acquired jurisdiction over the person of
respondent by reason of his voluntary appearance when
ISSUE/S: he filed a motion for consolidation and when he posted
Whether or not the Regional Trial Court or the bail. The prosecution also argued that the
Sandiganbayan has the jurisdiction over the violation of Sandiganbayan has exclusive jurisdiction over
Republic Act No. 9165 averred in the assailed respondent's case, even if he is a private person,
Information because he was alleged to have conspired with a public
officer.
RULING:
It is the Regional Trial Court who has exclusive ISSUE/S:
jurisdiction over the violation of RA No. 9165, including Whether or not the Sandiganbayan has jurisdiction over
those done by high-ranking public officials. The a private person who was alleged to have conspired with
Sandiganbayan’s jurisdiction is prescribed and defined a public official in violating Section 3 (g) of Republic Act
by R.A No. 10660, Sec. 4, which does not limit the No. 3019.
Sandiganbayan to only be an anti-graft court but to also
have jurisdiction over other offenses or felonies RULING:
committed by the public officials enumerated in such Yes. The Sandiganbayan is a special criminal court
section. which has exclusive original jurisdiction in all cases
However, this is couched as the general law, RA involving violations of R.A. 3019 committed by certain
No. 9165 is the special law. RA No. 9165 specifies that public officers. This includes private individuals who are
the RTC has the exclusive jurisdiction to try and hear charged as co-principals, accomplices, or accessories
cases involving violations of RA 9165. It is a basic tenet with the said public officers.
of statutory construction that a special law prevails over
In the instant case, respondent was being charged for
a general law. In the case at bar, the Informations filed
violation of Section 3(g) of R.A. 3019, in conspiracy with
against petitioner charge her with violations of R.A 9165
then Secretary Enrile. Ideally, under the law, both
CRIMPRO CASES | ATTY SENGA; 2I
respondent and Secretary Enrile should have been motion to quash the warrant for their arrest, such
charged before and tried jointly by the Sandiganbayan. jurisdiction over their person was already acquired by
However, by reason of the death of the latter, this can no the court by their filing of the above Urgent Motion.
longer be done. It does not follow that the SB was
already divested of its jurisdiction over the person of and Judge Anghad issued a Joint Order dated 14 November
the case involving herein respondent. 2001 dismissing the two Informations for murder
against petitioners. On 19 November 2001, this Court
It has been held that lack of jurisdiction over the person took note of respondents' cash bond evidenced by O.R.
of the defendant may be waived either expressly or No. 15924532 dated 15 November 2001, and issued the
impliedly. When a defendant voluntarily appears, he is temporary restraining order while referring the petition to
deemed to have submitted himself to the jurisdiction of the Court of Appeals for adjudication on the merits.
the court. Here, private respondent's act of posting bail Petitioners bring forth to this Court the following
and filing his Motion for Consolidation vested the SB assignments of error: [A]n accused cannot seek any
with jurisdiction over his person. judicial relief if he does not submit his person to the
jurisdiction of the court. Jurisdiction over the person of
Thus, the Sandiganbayan had jurisdiction over the accused may be acquired either through compulsory
respondent Go and was directed to proceed with the process, such as warrant of arrest, or through his
disposition of the case. voluntary appearance, such as when he surrenders to
the police or to the court. It is only when the court has
___________________________________ already acquired jurisdiction over his person that an
MIRANDA v. TULIAO accused may invoke the processes of the court. Thus,
an accused must first be placed in the custody of the
Facts: law before the court may validly act on his petition for
This is a Petition for Review assailing the 18 December judicial reliefs.
2002 Decision of the Court of Appeals inCA-G.R. SP No.
67770 and its 12 June 2003 Resolution denying The Court of Appeals ruled that petitioners Miranda,
petitioners' Motion for Reconsideration. Ocon and Dalmacio cannot seek any judicial relief since
they were not yet arrested or otherwise deprived of their
On 8 March 1996, two burnt cadavers were discovered in liberty at the time they filed their "Urgent Motion to
Purok Nibulan, Ramon, Isabela, which were later complete preliminary investigation; to reinvestigate; to
identified as the dead bodies of Vicente Bauzon and recall and/or quash warrants of arrest. Petitioners
Elizer Tuliao, son of private respondent Virgilio Tuliao. counter the finding of the Court of Appeals by arguing
Two informations for murder were filed against SPO1 that jurisdiction over the person of the accused is
Wilfredo Leaño, SPO1 Ferdinand Marzan, SPO1 Ruben B. required only in applications for bail.
Agustin, SPO2 Alexander Micu, SPO2 Rodel Maderal, and
SPO4 Emilio Ramirez in the RTC Santiago City. SPO2 Petitioners counter the finding of the Court of Appeals
Madera executed a sworn confession and identified by arguing that jurisdiction over the person of the
Miranda, Ocon, and Dalmacio as the offenders. On 25 accused is required only in applications for bail.
June 2001, Acting Presiding Judge Wilfredo Tumaliuan Furthermore, petitioners argue, assuming that such
issued warrants of arrest against petitioners and SPO2 jurisdiction over their person is required before the court
Maderal. can act on their motion to quash the warrant for their
arrest, such jurisdiction over their person was already
On 29 June 2001, petitioners filed an urgent motion to acquired by the court by their filing of the above Urgent
complete preliminary investigation, to reinvestigate, and Motion.
to recall and/or quash the warrants of arrest. The Court
of Appeals ruled that petitioners Miranda, Ocon and ISSUE: Does the act of seeking an affirmative relief
Dalmacio cannot seek any judicial relief since they were constitute voluntary surrender?
not yet arrested or otherwise deprived of their liberty at
the time they filed their "Urgent Motion to Resolution: Yes. Generally, seeking affirmative relief is
complete preliminary investigation; to reinvestigate; to deemed to be a submission to the jurisdiction of the
recall and/or quash warrants of arrest. Petitioners court. This applies to civil and criminal cases. Voluntary
counter the finding of the Court of Appeals by arguing submission may take effect when the accused files a
that jurisdiction over the person of the accused is motion to quash appearing for arraignment, participating
required only in applications for bail. Furthermore, in trial, or giving bail. Except in special appearance,
petitioners argue, assuming that such jurisdiction over where the accused invokes pleadings and motions
their person is required before the court can act on their which specifically pray for the avoidance of the
CRIMPRO CASES | ATTY SENGA; 2I
jurisdiction in court, such as motion to quash a would re-acquire his Filipino Citizen pursuant to the
complaint on the ground of lack of jurisdiction over the provisions of RA 9225. Petitioner contended that at the
accused and motion to quash the warrant of arrest. In time of his application for the MLA before the DENR, he
cases not involving the so- called special appearance, already had the intent to reacquire his Filipino
the general rule applies, i.e., the accused is deemed to Citizenship and that he was assured by a CENRO officer
have submitted himself to the jurisdiction of the court that he could represent himself as a Filipino in his
upon seeking affirmative relief. application.
Notwithstanding this, there is no requirement for him to The Office of the Provincial Prosecutor issued out a
be in the custody of the law. Such as lack of probable resolution which found probable cause to indict
cause, accused's Motion to Suspend Proceedings petitioner for violation of Article 172 of the Revised
and to Hold in Abeyance Issuance of Warrants of Arrest Penal Code. Petitioner David challenged such resolution
on the ground that they filed a Petition for Review with before the DOJ. In the meantime, CENRO would issue
the Department of Justice, lack of jurisdiction on the out an order rejecting the MLA application of the
part of the court. Custody of law v Jurisdiction over the petitioner on the ground that his subsequent
person: Custody of the law is accomplished either by re-acquirement of his Filipino Citizenship did not serve
arrest or voluntary surrender, while jurisdiction over the to cure the defect in his MLA.
person of the accused is acquired upon his arrest or
voluntary appearance. The DOJ would later on affirm the findings of the Office
One can be under the custody of the law but not of the Provincial Prosecutor and instituted an
yet subject to the jurisdiction of the court over his information before the MTC. A warrant of arrest would
person, such as when a person arrested by virtue of a be issued against the petitioner. Before said warrant
warrant files a motion before arraignment to quash the could be served against the petitioner, David filed an
warrant. On the other hand, one can be subject to the Urgent Motion for Redetermination of Probable Cause in
jurisdiction of the court over his person, and yet not be in the MTC. However, the MTC denied the motion and held
the custody of the law, such as when an accused “that R.A. 9225 makes a distinction between those who
escapes custody after his trial has commenced. Being in became foreign citizens during its effectivity, and those
the custody of the law signifies restraint on the person, who lost their Philippine citizenship before its enactment
who is thereby deprived of his own will and liberty, when the governing law was Commonwealth Act No. 63
binding him to become obedient to the will of the 11 (CA 63).” The MTC ruled in this manner:
law.Custody of the law is literally custody over the body “WHEREFORE, for lack of jurisdiction over the person of
of the accused. It includes, but is not limited to, the accused, and for lack of merit, the motion is DENIED”
detention. Dissatisfied with the aforementioned ruling, petitioner
raised the case to the RTC contending that jurisdiction
_______________________________________ over the person of an accused cannot be a pre-condition
DAVID v. AGBAY for the redetermination of probable cause by the court
that issues a warrant of arrest. The RTC denied his
Facts: petition which led Petitioner David to bring the case
Petitioner David, a Filipino Citizen, would immigrate to before the Supreme Court.
Canada where he would later become a Canadian
Citizen by naturalization, Upon his return to the Issue:
Philippines, petitioner and his wife would purchase a 600 1) Whether or not the MTC properly denied petitioner's
meter lot in Tambong, Oriental Mindoro. However, motion for redetermination of probable cause on the
petitioner later found out that the portion of the land on ground of lack of jurisdiction over the person of the
where his house was built was actually public land and accused (petitioner).
part of a salvage zone. Due to this fact, petitioner would
file a Miscellaneous Lease Agreement (MLA) over the Ruling:
land with the DENR. In the said application, petitioner NO. The MTC erred in denying petitioner’s motion for
represented himself as a Filipino Citizen, redetermination of probable cause on the ground of lack
of jurisdiction over the person of the accused. It has
Respondent Agbay would oppose the application of the been held in Miranda VS Tuliao, that custody of the law
petitioner on the ground that the petitioner is a Canadian is only required for an application of bail and is not
citizen who is precluded from owning land in the required for the adjudication of other reliefs. The Court
Philippines. Agbay also instituted a criminal complaint in the aforementioned case stated that there is a
for falsification of public documents under Article 172 of difference between ‘custody of the law’ and ‘jurisdiction
the RPC against the petitioner. Afterwards, petitioner over the person.’ Custody of the law is accomplished
CRIMPRO CASES | ATTY SENGA; 2I
either by arrest or voluntary surrender, while jurisdiction
over the person of the accused is acquired upon his A day before the rescheduled date of promulgation, or
arrest or voluntary appearance. One can be under the on 18 May 1999, Alva’s counsel again moved for the
custody of law but not under the jurisdiction of the court deferment of the promulgation, due to prior
or vice-versa. "undertakings of similar importance”. On 19 May
1999, Alva and counsel both failed to appear in court
Custody of law is generally accomplished either through despite due notice. In his stead, claiming to be his
the arrest of the accused or the voluntary surrender of representative, a certain Joey Perez personally delivered
the accused. On the other hand, jurisdiction over the to the RTC a hand written medical certificate expressing
person is accomplished through the voluntary petitioner’s inability to attend the day’s hearing due to
appearance of the accused or his arrest. The Supreme hypertension.
Court laid down the general rule in Miranda VS Tuliao
regarding jurisdiction over the accused in this manner: In response to the acts of Alva and his counsel, the RTC
“While we stand by our above pronouncement in issued an Order directing the promulgation of its
Pico insofar as it concerns bail, we clarify that, as a decision in absentia and the issuance of a bench
general rule, one who seeks an affirmative relief is warrant of arrest against petitioner for his failure to
deemed to have submitted to the jurisdiction of appear before it despite due notice. In its decision, the
the court. As we held in the aforecited case of Santiago, RTC found Alva guilty of Estafa. Meanwhile, on 21 May
seeking an affirmative relief in court, whether in civil or 1999, as appearing on the records of the RTC, petitioner
criminal proceedings, constitutes voluntary appearance” appeared to have been admitted to bail anew after his
conviction.
In the case at bar, Petitioner David sought affirmative
relief through his filing for a motion for redetermination On appeal before the CA, in a Resolution dated 16
of probable cause. This act of filing for a motion for October 2001, the said court required Alva to show
redetermination of probable cause constitutes as cause why his appeal should not be dismissed it
voluntary appearance which means that the court appearing that no new bail bond for his provisional
acquired jurisdiction over his person. However, while the liberty on appeal had been posted. On 19 February 2003,
Supreme Court found that the MTC erred in declaring the CA issued the second assailed Resolution, disposing
that they did not acquire jurisdiction over the person of of Alva’s motion. Alva alleges, via a petition for review
David as a ground for dismissing the motion, they found on Certiorari, that the CA
that the MTC still properly dismissed the motion for lack erred when it ruled that the he failed to submit to the
of merit. Hence, the assailed order of the RTC is jurisdiction of the court or to the custody of law despite
affirmed. the bail bond posted on May 21, 1999.
__________________________________ Issue:
ALVA v CA Whether or not Alva failed to submit himself to the
jurisdiction of the court despite the posting of a bail
FACTS: bond.
Arnold Alva is charged of having committed the crime of
Estafa under Art.315, par.2(e) of the RPC against a Ruling:
certain Yumi Veranga Y Hervera, to the effect that he NO. The Court, in this case, differentiated the terms
could process the latter’s application for U.S. Visa “jurisdiction of the court (over the person of the
provided that she would give a certain sum of money. accused)” and “custody of the law”.
Upon his Alva’s arraignment on 07 December 1995, he
pleaded on guilty to the crime. “Custody of the law” is accomplished either by arrest or
voluntary surrender, while “jurisdiction over the person
After the trial on the merits, in an Order dated 06 April of the accused” is acquired upon his arrest or voluntary
1998, the RTC considered the case submitted for appearance. One can be under the “custody of the law”
Decision. However, on 04 May 1999, Alva’s counsel filed but not yet subject to the “jurisdiction of the court over
an Urgent Motion to Cancel Promulgation praying for the his person”, such as when a person arrested by virtue of
resetting of the 05 May 1999 schedule of the a warrant files a motion before arraignment to quash the
promulgation of the RTC’s decision to 17 June 1999, in warrant. On the other hand, one can be subject to the
view of the fact that the Alva’s counsel had a prior “jurisdiction of the court over his person”, and yet not be
commitment on the subject date. The RTC granted the in the “custody of the law”, such as when an accused
motion but, the promulgation was deferred only until 19 escapes custody after his trial has commenced.
May 1999.
CRIMPRO CASES | ATTY SENGA; 2I
Jurisdiction, once acquired, is not lost at the instance of
parties, as when an accused escapes from the custody
of the law, but continues until the case is terminated.
Evidently, Alva is correct in that there is no doubt that
the RTC already acquired jurisdiction over the person of
the accused petitioner – when he appeared at the
arraignment and pleaded not guilty to the crime charged
– notwithstanding the fact that he jumped bail and is
now considered a fugitive.
__________________________________
TERRITORIAL JURISDICTION
CRUZ v CA
FACTS: