CRIMINAL PROCEDURE  Remedial law is mostly in the Rules of Court.

Circulars of the Supreme Court implementing

GENERAL PRINCIPLES
the Rules of Court are also sources of remedial
law. An example of such circular is the Rules on
Summary Procedure.
Remedial Law, definition.
 According to Dean Riano, the Rules of Court do
 Remedial law is a traditional term which refers not originate from Congress and, as such,
to the rules which prescribe the procedure for cannot be called laws in the strict sense.
the protection and enforcement of all claims However, since they are promulgated by
arising from rights and duties created by law. 1 authority of law, they have the force and effect
 This definition is in line with Section 1 of Article of law, if not in conflict with positive law. The
8 of the 1987 Constitution regarding judicial rule is subordinate to the statute, and in case of
power: “Judicial power includes the duty of the conflict, the statute will prevail. (GR No. L-286
courts of justice to settle actual controversies and GR No 18940).
involving rights which are legally demandable  It is important to note that, in this jurisdiction,
and enforceable, and to determine whether or “law” is a general term to mean the body of
not there has been a grave abuse of discretion rules promulgated by authority. Hence, rules
amounting to lack or excess of jurisdiction on issued by the Supreme Court can actually be
the part of any branch or instrumentality of the called laws. Laws issued by Congress and
Government." signed by the President are called “statutes.” 4
 Remedial law operates when there is a right to
be protected or enforced, a duty to be
mandated or there is a grave abuse of Criminal Procedure, definition.
discretion on the part of the government. If
 It is the method prescribed by law for the
substantive law is the product to be processed,
apprehension and prosecution of persons
remedial law is the process.
accused of any criminal offense, and for their
 The Supreme Court has also given a definition
punishment, in case of conviction. 5
to remedial law, also called “adjective law” or
 Procedural steps through which the criminal
“procedural law.” It is that branch of law which
case passes commencing with the investigation
prescribes the method of enforcing rights or
of a crime and concluding with the
obtaining redress for their invasion. 2
unconditional release of the offender.6
 Substantive law is that part of the law which
 It is a “generic term to describe the network of
creates, defines and regulates rights, or which
laws and rules which governs the procedural
regulates the rights and duties which give rise
administration of justice”.7
to a cause of action; that part of the law which
 As such, it treats of the rules and processes by
courts are established to administer; as
which the criminal laws are enforced and by
opposed to adjective or remedial law, which
which the State prosecutes persons who violate
prescribes the method of enforcing rights or
such laws.8
obtains redress for their invasion. 3
 It used to be that the rule-making power was
shared between Congress and the Supreme
4
Court. However, under the 1987 Constitution, Projectjurisprudence.com/2019/05/concept-sources-of-
this power is now exclusively the domain of the remedial-law
5
latter. Herrera, Vol. IV, p. 1, 2007 ed.

6
1
Willard B. Riano, Criminal Procedure, 2019 edition Ibid.
7
2
G.R. Nos. L-2068, October 20, 1948 Black’s Law Dictionary, 5th Ed., 1979.
8
3
36 C. J., 27; 52 C. J. S., 1026. Criminal Procedure, the bar lecture series by Willard B
Riano, p. 22
  As applied to criminal law, procedural law before the court which hears them impartially and
provides or regulates the steps by which one renders judgment only after trial.
who has committed a crime is to be punished. 9

Adversarial / Inquisitorial Mixed System

Difference between Criminal Law and Criminal Accusatory System
Procedure System
The accusation is The detection and This is a
CRIMINAL LAW CRIMINAL PROCEDURE exercised by prosecution of combination of
Declares what conduct Lays down the every citizen or by offenders are not the inquisitorial
a member of the left to the and the
is criminal, defines processes by which an group to which initiative of accusatorial
crimes and prescribes offender is made to the injured party private parties systems.
punishment for such answer for the crime belongs. but to the officials
crimes. he committed. and agents of the
law.
Confines itself to the It provides how the act As the action is a Resort to secret Thus, the
definition of offenses, is to be punished combat between inquiry to examination of
the penalties the parties, the discover the defendants and
applicable for such supposed culprit and other person
offenses and the offender has the violence and before the filing
right to be torture were of the complaint
formulation of general confronted by his often employed or information
principles for liability. It accuser. to extract a may be
does not however confession. inquisitorial. This
answer the question as is particularly
true in
to how the offender is Preliminary
to be made liable for examination, for
his crime the purpose of
It does not prescribe These processes are issuing a warrant
of arrest.
the methods and supplied by criminal
The battle in the The judge was not Under the 1985
processes by which procedure. form of a public limited to the Rules on Criminal
the offender is made trial is judged by a evidence brought Procedure, a
accountable for the magistrate who before him but criminal action
crime. renders the could proceed may be instituted
verdict. with his own by complaint of
Substantive Remedial inquiry which was the offended
It defines crimes, treats It provides for the not confrontative. party or by
of their nature and method by which a information filed
provide for their person accused of a by the Fiscal and
once the criminal
punishment crime is arrested, tried
action is filed in
or punished. court, the
accused has the
right to confront
and cross-
examine his
accuser.

THE ADVERSARIAL OR ACCUSATORIAL SYSTEM

AND INQUISITORIAL SYSTEM [3 SYSTEMS OF Adversarial or accusatorial system
CRIMINAL PROCEDURE]
1. The system of procedure in our jurisdiction is
Note: It has been held that as a general rule, a accusatorial or adversarial. It is not inquisitorial.
court proceeding in our judicial setup is It contemplates two contending parties before
accusatorial or adversary and not inquisitorial in the court which hears them impartially and
nature. It contemplates two contending parties renders judgment only after trial. In our judicial
set up, a judge is not permitted to act as an
9
People v. Lacson, 400 SCRA 267, 306
 inquisitor who pursues his own investigation REQUISISTES FOR THE EXERCISE OF CRIMINAL
and arrives at his own conclusion ex parte. 10 JURISDICTION

The system has a two-sided structure:

 Prosecution
 Defense
Jurisdiction Jurisdiction Territorial
Each side tries to convince the court that its position is over the over the Person Jurisdiction
the correct version of the truth. Subject matter of the accused
Requisites before a court can validly exercise its power to hear
2. In this system, the accusation starts with a and try a case:
It must have It must have It must have
formal indictment called as a complaint or an
jurisdiction over jurisdiction over jurisdiction over
information, the allegation in which must be the subject matter. the person of the the territory where
proven by the government beyond reasonable accused. the offense was
doubt. committed.
How to acquire jurisdiction
a. The government and the accused Is conferred by law Acquired upon: To acquire:
present their evidence before the court – the law not the
which shall decide either on acquittal ROC which a) his arrest or The offense should
designates the apprehension, with have been
or conviction of the accused. court which has or without a committed or any
b. In its decision -making process, the jurisdiction over a warrant, or one of its essential
court shall consider no evidence which particular offense. b) his voluntary ingredients should
appearance or have taken place
has not been formally offered. Statute in force at submission to the within the
c. The court, in this system, therefore, has commencement of jurisdiction of the territorial
a passive role and relies largely on the actions determines court. jurisdiction of the
the jurisdiction court.
evidence presented by both sides to the
How jurisdiction is determined
action in order to reach a verdict. Determined by Determined by Determined by
allegations in the allegations in the allegations in the
complaint or complaint or complaint or
information information information
INQUISITORIAL SYSTEM

 In this system, the court plays a very active role JURISDICTION OVER THE SUBJECT MATTER
and is not limited to the evidence presented
before it.  Refers to the authority of the court to hear and
 The court may utilize evidence gathered outside determine a particular criminal case. It is, in
the court and a judge or a group of judges simple terms, jurisdiction over the offense
under this system actively participates in the charged.
gathering of facts and evidence instead of
Elements:
passively receiving information or evidence
from the parties.  Nature of the offense;
 The judge steers the course of the proceedings  Authority of the court to impose the penalty
by directing and supervising the gathering of imposable given the allegation in the
the evidence and the questioning of the information;
witnesses to the case.  Territorial jurisdiction of the court imposing the
 Thus, the counsels in the inquisitorial system penalty.
have less active roles than they have in the
adversarial system.

How Jurisdiction over the subject matter is conferred:

10
Queto v. Catolico, 31 SCRA 52, 58
 1. Jurisdiction is conferred by law, and lack of it c. It is not conferred or acquired by the
affects the very authority of the court to take unilateral assumption thereof by any
cognizance of and to render judgement on the tribunal.17
action.11 d. It is not conferred by mere
a. A void judgment for want of jurisdiction administrative policy of any trial court. 18
is no judgment at all, and cannot be the e. It cannot likewise be conferred by an
source of any right nor the creator of erroneous belief of the court that it had
any obligation.12 jurisdiction.19
b. While jurisdiction is conferred by law,
the rule is that the allegations in the
complaint determine both the nature of How jurisdiction over the subject matter is determined:
the action and the jurisdiction of the
court. The cause of action in a  While jurisdiction of courts is conferred by law,
complaint is not what the designation jurisdiction over a criminal case is determined
of the complaint states, but what the by the allegations in the complaint or
allegations in the body of the complaint information.
define and describe. The designation or  The court, must look into the allegations of the
caption is not controlling, for the written accusation for it to know whether or
caption is not even an indispensable not, it has jurisdiction over the offense charged
part of the complaint.13 therein.
2. Jurisdiction over the subject matter in a criminal  If the facts set out in the complaint or
case cannot be conferred upon the court by the information are sufficient to show that the
accused, express waiver or otherwise, since court has jurisdiction, then that court indeed
such jurisdiction is conferred by the sovereign has jurisdiction. Otherwise, it has no
authority which organized the court, and is jurisdiction.
given only by law in the manner and form  To illustrate: In one criminal case, the
prescribed by law.14 information states that the accused, “conspiring
a. It cannot be presumed or implied but together and mutually helping with one
must appear clearly from the law or it another, taking advantage of their superior
will not be held to exist. It cannot be strength, as elements of the Philippine Army,
conferred by the agreement of the armed with their government-issued firearms
parties; or by the court’s acquiescence; with intent to kill, by means of treachery and
or by the erroneous belief of the court evident premeditation, did then and there
that it had jurisdiction; or by the waiver willfully, unlawfully and feloniously attack,
of objections; or by the silence of the assault and shoot the victims, hitting them on
parties.15 different parts of their bodies, thereby inflicting
b. It cannot be acquired through a waiver them multiple gunshot wounds which caused
or enlarged by the omission of the their deaths.” The allegations clearly indicate
parties or conferred by the the alleged commission of the crime of murder.
acquiescence of the court. 16 Murder is a crime punishable under ART 248 of
the RPC and is within the jurisdiction of the
Regional Trial Court. Hence, irrespective of
whether the killing was actually justified or not,
jurisdiction to try the crime charged against the
11
Balibago Faith Baptist Church Inc v. Faith in Christ Jesus respondent is vested upon the RTC by law. 20
Baptist, G.R. No. 191527
12 17
Cabrera v. Clarin, G.R. No. 215640 Tolentino v. Social Security Commission, 138 SCRA 173,
13
G.R. No 191527 180-181
14 18
Fukuzume v. People, G.R 474 SCRA 570, 583 Cudia v. CA, 284 SCRA 173, 180-181
15 19
Salvador v. Patricia, Inc., G.R. No. 195834 Azarcon v. Sandiganbayan, 268 SCRA 747, 763
16 20
Atienza v. People, G.R. No. 188694 Rapsing v. Ables, 684 SCRA 195,200-201
  It has been ruled that the jurisdiction of the How acquired:
court is not determined by the evidence
1. Upon his arrest or apprehension, with or
presented by the parties at trial.21
without warrant; or
 In sum, only the allegations in the complaint or
2. His voluntary appearance or submission to the
information constitute the guideposts in
jurisdiction of the court.
determining the jurisdiction of the court,
disregarding the defenses of the accused or
whatever evidence is presented during the trial.
Voluntary submission, means:

 One who seeks an affirmative relief i.e. Filing

The conferment of jurisdiction cannot be presumed: pleadings ( filing a motion to quash or other
pleadings requiring the exercise of the court’s
 When the law confers jurisdiction, that
jurisdiction);
conferment must be clear. It cannot be
o NOT A VOLUNTARY SUBMISSION:
presumed. It must appear from the statute or
 Making a special appearance in
will not be held to exist.
court to question the
 In doubt: the provisions of law shall be inquired
jurisdiction of the court over
into.
the person of the accused (filed
Principle of adherence of jurisdiction or continuing a motion to quash on that
jurisdtiction ground);
 Accused filed a motion to quash
 Once a court has acquired jurisdiction, that
the warrant of arrest because it
jurisdtiction continues until the court has done
is the very legality of the court
all that it can do in the exercise of that
process forcing the submission
jurisdiction.
of the person of the accused
Objections on jurisdictional grounds: that is the very issue in a
motion to quash the
 An objection based on the ground that the information or the warrant of
court lacks jurisdiction over the subject matter arrest.
may be raised or considered motu proprio by  Appearing for arraignment;
the court at any stage of the proceedings or on  Entering trial
appeal.
o Limitation on the right to raise the issue
of jurisdiction:
Custody of the Law versus Jurisdiction over the person
 A party cannot invoke the
of the accused:
jurisdiction of the court to
secure affirmative relief against  Rule: Being under the custody of the law is not
his opponent and after necessarily being under the jurisdiction of the
obtaining or failing to obtain court.
such relief, repudiate or
question that same jurisdiction.
Territorial Jurisdiction and Extraterritorial Jurisdiction

Territorial Jurisdiction Extraterritorial

JURISDICTION OVER THE PERSON ACCUSED
Jurisdiction
In criminal proceedings, it is not sufficient for the court General Rule: Subject to Exception to the rule that
to acquire jurisdiction over the subject matter. It also existing laws, the the court cannot take
needs to acquire jurisdiction over the person accused: criminal action shall be jurisdiction over a person
instituted and tried in the charged with an offense
21 court of the municipality allegedly committed
Lacson v. Executive Secretary, 301 SCRA 298, 325
 or territory where the outside of that limited waived. jurisdictional, and hence
offense was committed territory: may be waived. It is
or where any of its meant to provide
essential ingredients Sec. 15 (b) (C) (d) of Rule convenience to the
occurred. 110, The Revised Rules of parties, rather than
Criminal Procedure. restrict their access to
The territory where the the courts as it relates to
court has jurisdiction to the place of trial.
take cognizance or to try (Philippine Banking
the offense allegedly Corporation v. Tensuan
committed outside of the GR NO 104649, Feb. 28,
limited territory. 1994)

Thus, it cannot take In the criminal cases, the venue of the crime goes
jurisdiction over a person into the territorial jurisdiction of the court hence
charged with an offense where the criminal action is instituted not in the
allegedly committed place specified by the Rules and declared by the
outside of that limited substantive law as within the territorial jurisdiction of
territory. the trial court, the motion to quash should be
grounded on lack of jurisdiction, and not improper
venue.

In criminal cases, is venue and jurisdiction one and the

same?

 Yes, it should be filed where the crime is

committed.
 In civil cases, venue and jurisdiction are
different with one another.

Section 5(4), Article 8 of the 1987 Philippine

constitution, provides that:

 Section 5. The Supreme Court shall have the

following powers:
o (4) Order a change of venue or place
Distinguish Venue from Jurisdiction
of trial to avoid a miscarriage of
Jurisdiction Venue justice.
Jurisdiction is the Venue is the place where
authority to hear and the case is to be heard or
determine a case; tried. Define and Distinguish: Exclusive Original, Concurrent
Jurisdiction is a matter of Venue, of procedural and Special Jurisdiction
substantive law; law.
Jurisdiction establishes a Venue, a relation Exclusive Original Concurrent Special Jurisdiction
Jurisdiction Jurisdiction
relation between the between plaintiff and
As Classification
court and the subject defendant, or petitioner Courts of original Courts of Special or
matter; and respondent. jurisdiction: Those limited jurisdiction:
Jurisdiction is fixed by Venue may be conferred courts in which, Those which have
law and cannot be by the act or agreement under the law, no power to decide
actions or their own
conferred by the parties; of the parties. proceedings may jurisdiction and can
originally be only try cases
Jurisdiction cannot be Venue is procedural, not commenced. permitted by
 statute. Ex:
Municipal Trial Such concurrence does not
Courts. give the petitioner unrestricted
Based on its nature freedom of choice of court
Original jurisdiction Concurrent Special or limited forum.
or the power of the exclusive jurisdiction, which Between two courts of The SC will not entertain direct
court to take jurisdiction, restricts the court’s concurrent jurisdiction, the resort to it unless the redress
judicial cognizance sometimes referred jurisdiction only to case must first be filed with the desired cannot be obtained in
of a case instituted to as confluent or particular cases and lower court: the appropriate courts, and
for judicial action coordinate subject to such exceptional and compelling
for the first time jurisdiction, which limitations as may circumstances, such as cases of
under conditions is the power be provided by the national interest and serious
provided by law; conferred upon governing law. implications, justify the
different courts, extraordinary remedy of writ
And appellate whether of the of certiorari, calling for the
jurisdiction, or the same or different exercise of its primary
authority of a court ranks, to take jurisdiction.
higher in rank to cognizance at the Exception: When the case is of
reexamine the final same stage of the transcendental importance [If
order or judgment same case in the the Court deems a case to be
of a lower court same or different of paramount importance, the
which tried the judicial territories. requisites of actual case or
case now elevated controversy and legal standing
for judicial review. or locus standi may be
dispensed with according to
Exclusive the former's discretion.]
jurisdiction, or the Principle of Judicial Hierarchy 1] this is an ordained sequence
power to of recourse to courts vested
adjudicate a case or with concurrent jurisdiction,
proceeding to the beginning from the lowest, on
exclusion of all to the next highest, and
other courts at that ultimately to the highest. This
stage hierarchy is determinative of
the venue of appeals, and is
likewise determinative of the
HIERARCHY OF COURTS proper forum for petitions for
extraordinary writs. This is an
Judicial Hierarchy established policy necessary to
Definition: Purusant to the doctrine of avoid inordinate demands
hierarchy, direct resort from upon the Court’s time and
the lower courst to the attention which are better
Supreme Cout will not be devoted to those matters
entertained unless the within its exclusive jurisdiction,
appropriate remedy cannot be and to preclude the further
obtained the lower tribunals. clogging of the Court’s docket
Reason: To prevent inordinate (Sec 9(1), BP129 | Sec 5(1), Art
demands upon the Supreme 8, 1987 Constitution.
Court’s time and attention
which are better devoted to
those matters within its Adherence of Jurisdiction
exclusive jurisdiction; and
Adherence of Jurisdiction
To prevent further General Rule Once jurisdiction is vested in
overcrowding of the SC’s the court, it is retained up to
docket; the end of the litigation.
Ordinarily, jurisdiction once
Thus, although the SC, the CA acquires is not affected by
and RTC have concurrent subsequent llegislative
jurisdiction to issue: enactment placing jurisdiction
1]Writes of certiorari in another tribunal.
2] Prohibition
3] mandamus It remains with the court until
4] quo warranto the case is finally terminated.
5] habeas corpus Thus, it has been held that the
6] injunction Sandiganbayan or the courts as
 the case may be, cannot be The previous law vests
divested of jurisdiction over jurisdiction in the RTC where
cases filed before them by non of the principal accused
reason of RA No 7975. are occupying positions
corresponding to Salary Grade
They retain their jurisdiction 27.
until the end of the litigation.
Exception: Where, however, the The term “principal” was
subsequent statute expressly deleted so that under the
provides, or is construed to the amendment, if an accomplice
effect that is applicable to belongs to Salary Grade 27,
operate as to actions pending then jurisdiction is with the
before its enactment. Sandiganbayan even if none of
the principals belong to a
Where a statute changing the lower salary grade. The
jurisdiction of a court has no amendment was applied
retroactive effect, it cannot be retroactively.
applied to a case that was
pending prior to the
enactment of the statute. Due Process in Criminal Procedure
RA No. 7975 by virtue of Due Process in Criminal Procedure
Section 7 belongs to the Sources of Criminal a. The Spanish Law of
exception rather than a rule. procedure Criminal Procedure;
b. General Orders No. 58,
The provision is transitory in dated April, 23, 1900;
nature and expresses the c. Amendatory Acts passed
legislature’s intention to apply by the Philippine
its provisions on jurisdiction to Commission;
criminal cases in which trial has d. The various quasi acts,
not began in the the Philippine Bill of
Sandiganbayan. To this extent 1902, the Jones Law of
R.A No 7975 is retroactive. 1916, the Tydings-
McDuffie law and the
In another case, the court held Constitution of the
that although the Philippines;
Sandiganbayan has jurisdiction e. The Rules of Court of
upon the enactment of RA No. 1940 and the 1964, 1985,
7975 because he falls below and 1988 Rules on
the rank and full colonel, and Criminal Procedure.
trial has not yet begun. f. Various Republic Acts
e.g.,
In Lacson v. Executive
 RA 240;
Secretary, the amendment in
 NEW RULE 127,
RA No 8249 that in cases
providing for
where none of the accused are
attachment;
occupying positions
 RA 296,
corresponding to Salary Grade
Judiciary Act of
27 or higher, as prescribed in
1948 denning
the said RA NO 6758, or
criminal
military and PNP officers
jurisdiction;
mentioned above, exclusive
AND
original jurisdiction thereof
 BP BLG 129 as
shall be vested in the proper
amended by RA
regional trial court,
NO 7691;
metropolitan trial court,
 RA 8249,
municipal trial court, and
creating the
municipal circuit trial court, as
Sandiganbayan;
the case may be, pursuant to
 RA 8349, The
their respective jurisdiction as
Speedy Trial
provided in BP Blg. 129, as
Act of 1998.
amended, was applied to the
g. Presidential Decrees,
pending criminal case in the
e.g.,
Sandiganbayan.
 PD No 911;
  RA No 732, Prescriptive Period for Crimes – Interruption
regulating the
authority of RPC SPECIAL LAWS
Prosecuting Rule: Institution of criminal Section 2 of Act No 3326:
Fiscals to action shall interrupt the
Conduct period of prescription of the Prescription should begin to
Preliminary offense charged unless run from the day of the
Investigation. otherwise provided in special commission of the violation of
h. Constitution – Rights of laws. (Sec. 1 Rule 110, Rules of the law, and if the same be not
an accused under Art III. Court) known at the time, from the
i. The Civil Code (Arts. 32, discovery thereof and
33 and 34) institution of judicial
j. Judicial decisions For offenses where a proceedings are dismissed for
applying or interpreting preliminary investigation is reasons not constituting
our laws which form part required, the filing of the double jeopardy.
of our legal system. complaint with the proper
k. RA No 8493, The Speedy officer for such purpose, This simply means that if the
Trial Act of 1998 would, under the Rules of commission of the crime is
l. Circulars Court, interrupt the period of known, the prescriptive period
m. The Revised Rules on prescription. shall commence to run on the
Criminal Procedure. day it was committed.
Minimum Requirement Notice and hearing Exception: When a different
Requirements of The requirements of procedural Rule is provided for in special
Procedural Due Process, in process are as follows: laws.
general.
1. There must be an For offenses where a
impartial and competent preliminary investigation is
court with judicial power not required, the filing of the
to hear and determine information or complaint
the matter before it; directly with the Municipal
2. Jurisdiction must have Trial Courts and Municipal
been lawfully acquired Circuit Trial, or with the office
over the person of the of the prosecutor shall,
defendant or over the likewise, interrupt the period
property subject of the of prescription of the offense
proceeding; charged because it is a mode
3. The defendant must be by which a criminal action is
given an opportunity to instituted under Sec 1, Rule
be heard; 110.
4. Judgment must be
rendered upon lawful
hearing.
Requirements of 1. The accused must be
Procedural Due Process in heard by a court of JURISDICTION
Criminal Cases competent jurisdiction;
2. He must have been
proceeded against under Katarungang Pambarangay (Local Government Code,
orderly processes of the
law Book III, Title 1, Chapter7)
3. He may be punished only
Sec. 399 – Lupong a] There is hereby created in
after inquiry and
Tagapamayapa each barangay a lupong
investigation
tagapamayapa, hereinafter
4. There must be notice to
referred to as the lupon,
the accused
composed of the punong
5. The accused must be
barangay, as chairman and ten
given an opportunity to
(10) to twenty (20) members.
be heard
The lupon shall be constituted
6. Judgment must be
every three (3) years in the
rendered within the
manner provided herein.
authority of
Sec. 402. Functions of the The lupon shall:
constitutional law.
Lupon
(a) Exercise administrative
supervision over the
conciliation panels provided
 herein; barangays of different cities or
municipalities, except where
(b) Meet regularly once a such barangay units adjoin
month to provide a forum for each other and the parties
exchange of ideas among its thereto agree to submit their
members and the public on differences to amicable
matters relevant to the settlement by an appropriate
amicable settlement of lupon;
disputes, and to enable various (g) Such other classes of
conciliation panel members to disputes which the President
share with one another their may determine in the interest
observations and experiences of Justice or upon the
in effecting speedy resolution recommendation of the
of disputes; and Secretary of Justice.

(c) Exercise such other powers The court in which non-

and perform such other duties criminal cases not falling within
and functions as may be the authority of the lupon
prescribed by law or under this Code are filed may,
ordinance. at any time before trial motu
Section 407. Legal Advice on The provincial, city legal officer propio refer the case to the
Matters Involving Questions of or prosecutor or the municipal lupon concerned for amicable
Law.  legal officer shall render legal settlement.
advice on matters involving Section 409. Venue. (a) Disputes between persons
questions of law to the punong actually residing in the same
barangay or any lupon or barangay shall be brought for
pangkat member whenever amicable settlement before
necessary in the exercise of his the lupon of said barangay.
functions in the administration (b) Those involving actual
of the katarungang residents of different
pambarangay. barangays within the same city
Section 408. Subject Matter for The lupon of each barangay or municipality shall be
Amicable Settlement; shall have authority to bring brought in the barangay where
Exception Thereto. together the parties actually the respondent or any of the
residing in the same city or respondents actually resides,
municipality for amicable at the election of the
settlement of all disputes complaint.
except: (c) All disputes involving real
property or any interest
(a) Where one party is the therein shall be brought in the
government, or any barangay where the real
subdivision or instrumentality property or the larger portion
thereof; thereof is situated.
(b) Where one party is a public (d) Those arising at the
officer or employee, and the workplace where the
dispute relates to the contending parties are
performance of his official employed or at the institution
functions; where such parties are
(c) Offenses punishable by enrolled for study, shall be
imprisonment exceeding one brought in the barangay where
(1) year or a fine exceeding such workplace or institution is
Five thousand pesos located.
(P5,000.00);
(d) Offenses where there is no Objections to venue shall be
private offended party; raised in the mediation
(e) Where the dispute involves proceedings before the
real properties located in punong barangay; otherwise,
different cities or the same shall be deemed
municipalities unless the waived. Any legal question
parties thereto agree to submit which may confront the
their differences to amicable punong barangay in resolving
settlement by an appropriate objections to venue herein
lupon; referred to may be submitted
(f) Disputes involving parties to the Secretary of Justice, or
who actually reside in his duly designated
 representative, whose ruling settlement. For this purpose,
thereon shall be binding. the pangkat may issue
Section 410. Procedure for (a) Who may initiate summons for the personal
Amicable Settlement. proceeding - Upon payment of appearance of parties and
the appropriate filing fee, any witnesses before it. In the
individual who has a cause of event that a party moves to
action against another disqualify any member of the
individual involving any matter pangkat by reason of
within the authority of the relationship, bias, interest, or
lupon may complain, orally or any other similar grounds
in writing, to the lupon discovered after the
chairman of the barangay. constitution of the pangkat,
the matter shall be resolved by
(b) Mediation by lupon the affirmative vote of the
chairman - Upon receipt of the majority of the pangkat whose
complaint, the lupon chairman decision shall be final. Should
shall within the next working disqualification be decided
day summon the upon, the resulting vacancy
respondent(s), with notice to shall be filled as herein
the complainant(s) for them provided for.
and their witnesses to appear
before him for a mediation of (e) Period to arrive at a
their conflicting interests. If he settlement - The pangkat shall
fails in his mediation effort arrive at a settlement or
within fifteen (15) days from resolution of the dispute
the first meeting of the parties within fifteen (15) days from
before him, he shall forthwith the day it convenes in
set a date for the constitution accordance with this section.
of the pangkat in accordance This period shall, at the
with the provisions of this discretion of the pangkat, be
Chapter. extendible for another period
which shall not exceed fifteen
(c) Suspension of prescriptive (15) days, except in clearly
period of offenses - While the meritorious cases
dispute is under mediation, Section 411. Form of All amicable settlements shall
conciliation, or arbitration, the settlement be in writing, in a language or
prescriptive periods for dialect known to the parties,
offenses and cause of action signed by them, and attested
under existing laws shall be to by the lupon chairman or
interrupted upon filing the the pangkat chairman, as the
complaint with the punong case may be. When the parties
barangay. The prescriptive to the dispute do not use the
periods shall resume upon same language or dialect, the
receipt by the complainant of settlement shall be written in
the complainant or the the language known to them.
certificate of repudiation or of Section 412. Conciliation. (a) Pre-condition to Filing of
the certification to file action Complaint in Court. - No
issued by the lupon or pangkat complaint, petition, action, or
secretary: Provided, however, proceeding involving any
That such interruption shall matter within the authority of
not exceed sixty (60) days from the lupon shall be filed or
the filing of the complaint with instituted directly in court or
the punong barangay. any other government office
for adjudication, unless there
(d) Issuance of summons; has been a confrontation
hearing; grounds for between the parties before the
disqualification - The pangkat lupon chairman or the
shall convene not later than pangkat, and that no
three (3) days from its conciliation or settlement has
constitution, on the day and been reached as certified by
hour set by the lupon the lupon secretary or pangkat
chairman, to hear both parties secretary as attested to by the
and their witnesses, simplify lupon or pangkat chairman or
issues, and explore all unless the settlement has been
possibilities for amicable repudiated by the parties
 thereto. Section 415. Appearance of In all katarungang
Parties in Person. pambarangay proceedings, the
(b) Where Parties May Go parties must appear in person
Directly to Court. - The parties without the assistance of
may go directly to court in the counsel or representative,
following instances: except for minors and
incompetents who may be
(1) Where the accused is under assisted by their next-of-kin
detention; who are not lawyers.
(2) Where a person has Section 416. Effect of Amicable The amicable settlement and
otherwise been deprived of Settlement and Arbitration arbitration award shall have
personal liberty calling for Award. the force and effect of a final
habeas corpus proceedings; judgment of a court upon the
(3) Where actions are coupled expiration of ten (10) days
with provisional remedies such from the date thereof, unless
as preliminary injunction, repudiation of the settlement
attachment, delivery of has been made or a petition to
personal property and support nullify the award has been filed
pendente lite; and before the proper city or
(4) Where the action may municipal court.
otherwise be barred by the
statute of limitations. However, this provision shall
(c) Conciliation among not apply to court cases settled
members of indigenous by the lupon under the last
cultural communities. - The paragraph of Section 408 of
customs and traditions of this Code, in which case the
indigenous cultural compromise or the pangkat
communities shall be applied chairman shall be submitted to
in settling disputes between the court and upon approval
members of the cultural thereof, have the force and
communities. effect of a judgment of said
Section 413. Arbitration. (a) The parties may, at any court.
stage of the proceedings, agree Section 417. Execution. The amicable settlement or
in writing that they shall abide arbitration award may be
by the arbitration award of the enforced by execution by the
lupon chairman or the lupon within six (6) months
pangkat. Such agreement to from the date of the
arbitrate may be repudiated settlement. After the lapse of
within five (5) days from the such time, the settlement may
date thereof for the same be enforced by action in the
grounds and in accordance appropriate city or municipal
with the procedure hereinafter court.
prescribed. The arbitration Section 418. Repudiation. Any party to the dispute may,
award shall be made after the within ten (10) days from the
lapse of the period for date of the settlement,
repudiation and within ten (10) repudiate the same by filing
days thereafter. with the lupon chairman a
(b) The arbitration award shall statement to that effect sworn
be in writing in a language or to before him, where the
dialect known to the parties. consent is vitiated by fraud,
When the parties to the violence, or intimidation. Such
dispute do not use the same repudiation shall be sufficient
language or dialect, the award basis for the issuance of the
shall be written in the language certification for filing a
or dialect known to them. complaint as hereinabove
Section 414. Proceedings Open All proceedings for settlement provided.
to the Public; Exception. shall be public and informal: Section 419. Transmittal of The secretary of the lupon
Provided, however, That the Settlement and Arbitration. - shall transmit the settlement
lupon chairman or the pangkat Award to the Court. or the arbitration award to the
chairman, as the case may be, appropriate city or municipal
may motu proprio or upon court within five (5) days from
request of a party, exclude the the date of the award or from
public from the proceedings in the lapse of the ten-day period
the interest of privacy, repudiating the settlement and
decency, or public morals. shall furnish copies thereof to
 each of the parties to the  Regardless of other
settlement and the lupon impossible accessory or
chairman. other penalties and civil
liability arising
therefrom
 Have EOJ over offenses
involving damage to
property through
criminal negligence.

Offenses not falling within EOJ of

Sandiganbayan
 None of the accused is
occupying a position
corresponding to salary
grade 27 and higher
Only penalty provided by law is a
MUNICIPAL TRIAL COURT / METROPOLITAN TRIAL fine not exceeding 4K

COURT
Exclusive Original Jurisdiction Special Jurisdiction
[CRIMINAL CASES] [CRIMINAL CASES]
Rule on Summary Procedure

Summary Procedure Applications for bail Summary Proceeding Summary procedure

 Violations of traffic  In the absence of Definition
laws, rules and all RTC judge Any proceeding by which In procedure,
regulations;
a controversy is settled, proceedings are said to
 Violations of rental law
& BP 22; case disposed of, or trial be summary ‘when they
 Violations of conducted, in a prompt are short and simple in
city/municipal and simple manner, with comparison with regular
ordinances committed out the aid of a jury, proceedings
within territorial
jurisdiction;
without presentment or
 Offenses punishable indictment, or in other
with imprisonment of respects out of the
not more than 6 regular course of the
months, or a fine not common law.
exceeding 1K, or both
o Regardless of
other
impossible
accessory or
other
penalties and
civil liability
arising
therefrom;
o Offenses
involving
damage to
property
through
criminal
negligence
where
imposable
fine does not
exceed 10K.
Offenses punishable with
imprisonment of not more than 6
years.
 Irrespective of fine