Criminal Procedure

Atty. Ramon D. Facun

Criminal Action:
Definition.
 A criminal action is one by which the State prosecutes a
person for an act or omission punishable by law. (Section
3(b) Rule 1 of the Rules of Court)
Criminal Action:
Jurisdiction in general sense.
 Semantically, "jurisdiction" is derived from the Latin
words "juris" and "died'' which means "I speak by the law."

 In a broad and loose sense, it is "[t]he authority of law to

act officially in a particular matter in hand."

 In a refined sense, it is "the power and authority of a

court [or quasi-judicial tribunal] to hear, try, and decide
a case."
 (Gomez vs People, GR 216824, Nov. 10, 2020)
Criminal Action:
Jurisdiction in general sense.
 Indeed, a judgment rendered without such power and
authority is void thereby creating no rights and imposing no
duties on the parties. As a consequence, a void judgment
may be attacked anytime. (Gomez vs People, GR 216824,
Nov. 10, 2020)
Criminal Action:
Requisites of criminal jurisdiction.
 As to the acquisition of jurisdiction in criminal cases, there
are three (3) important requisites which should be satisfied, to
wit:
 (1) the court must have jurisdiction over the subject matter;
 (2) the court must have jurisdiction over the territory where
the offense was committed; and,
 (3) the court must have jurisdiction over the person of the
accused. (Gomez vs People, GR 216824, Nov. 10, 2020)
Criminal Action:
Jurisdiction over the subject matter.
 Jurisdiction over the subject matter or offense in a
judicial proceeding is conferred by the sovereign authority
which organizes the court - it is given only by law and in
the manner prescribed by law. It is the power to hear and
determine the general class to which the proceedings in
question belong. (Gomez vs People, GR 216824, Nov. 10,
2020)
Criminal Action:
Jurisdiction over the subject matter.
 As applied to criminal cases, jurisdiction over a given
crime is vested by law upon a particular court and may not
be conferred thereto by the parties involved in the
offense. More importantly, jurisdiction over an offense
cannot be conferred to a court by the accused through an
express waiver or otherwise. Here, a trial court's jurisdiction
is determined by the allegations in the Complaint or
Information and not by the result of proof. (Gomez vs
People, GR 216824, Nov. 10, 2020)
Criminal Action:
Jurisdiction over the subject matter.
 Jurisdiction over a subject matter is conferred by the
Constitution or the law, and rules of procedure yield to
substantive law. Otherwise stated, jurisdiction must exist as
a matter of law. Only a statute can confer jurisdiction on
courts and administrative agencies. (Non, et al vs
Ombudsman, GR 251177, Sept. 8, 2020)
Criminal Action:
Jurisdiction over the subject matter.
 Jurisdiction is a matter of substantive law. Thus, an
action may be filed only with the court or tribunal where the
Constitution or a statute says it can be brought.
 Objections to jurisdiction cannot be waived and may be
brought at any stage of the proceedings, even on
appeal. When a case is filed with a court which has no
jurisdiction over the action, the court shall motu
proprio dismiss the case. (Non, et al vs Ombudsman, GR
251177, Sept. 8, 2020)
Criminal Action:
Jurisdiction over the person of the accused.

 Jurisdiction over the person of the accused is acquired

upon his or her:
 (1) arrest or apprehension, with or without a warrant; or
 (2) voluntary appearance or submission to the
jurisdiction of the court.
 It allows the court to render a decision that is binding on the
accused. (Gomez vs People, GR 216824, Nov. 10, 2020)
Criminal Action:
Jurisdiction over the person of the accused.

 However, unlike jurisdiction over the subject matter, the

right to challenge or object to a trial court's jurisdiction
over the person of the accused may be waived by
silence or inaction before the entering of a plea during
arraignment. (Gomez vs People, GR 216824, Nov. 10,
2020)
Criminal Action:
Jurisdiction over the person of the accused.

 Moreover, such right may also be waived by the accused

when he or she files any pleading seeking an affirmative
relief, except in cases when he or she invokes the special
jurisdiction of the court by impugning such jurisdiction
over his person.
 (Gomez vs People, GR 216824, Nov. 10, 2020)
Criminal Action:
Jurisdiction over the person of the accused.

 Jurisdiction over the person of an accused is acquired upon

either his apprehension, with or without warrant. or his
submission to the jurisdiction of the court. (Valdepenas vs
People, GR L-20687, April 30, 1966)
Criminal Action:
Jurisdiction over the person of the accused.

 In the case at bar, petitioner was brought before the bar of

justice first, before the justice of the peace court, then
before the court of first instance, later before the Court of
Appeals, thereafter back before said court of first instance.
and then, again, before the Court of Appeals, and never,
within the period of six years that had transpired until the
Court of Appeals rendered its decision, had he questioned
the judicial authority of any of these three courts over his
person. (Valdepenas vs People, GR L-20687, April 30,
1966)
Criminal Action:
Jurisdiction over the person of the accused.

 He is deemed, therefore, to have waived whatever

objection he might have had to the jurisdiction over his
person, and, hence, to have submitted himself to the
Court’s jurisdiction. What is more, his behavior and every
single one of the steps taken by him before said courts —
particularly the motions therein filed by him — implied, not
merely a submission to the jurisdiction thereof, but, also,
that he urged the courts to exercise the authority thereof
over his person. (Valdepenas vs People, GR L-20687, April
30, 1966)
Criminal Action:
Jurisdiction over the territory where the
offense was committed.

 Venue in criminal cases is an essential element of

jurisdiction. It is a fundamental rule that for jurisdiction to
be acquired by courts in criminal cases the offense should
have been committed or any one of its essential
ingredients took place within the territorial jurisdiction
of the court. (Navaja vs De Castro, GR 182926, June 22,
2015)
Criminal Action:
Jurisdiction over the territory where the
offense was committed.

 Territorial jurisdiction in criminal cases is the territory

where the court has jurisdiction to take cognizance or
to try the offense allegedly committed therein by the
accused. Thus, it cannot take jurisdiction over a person
charged with an offense allegedly committed outside of that
limited territory. (Navaja vs De Castro, GR 182926, June
22, 2015)
Criminal Action:
Jurisdiction over the territory where the
offense was committed.

 Furthermore, the jurisdiction of a court over the criminal

case is determined by the allegations in the complaint
or information. And once it is so shown, the court may
validly take cognizance of the case. However, if the
evidence adduced during the trial show that the
offense was committed somewhere else, the court
should dismiss the action for want of jurisdiction.
(Navaja vs De Castro, GR 182926, June 22, 2015)
Criminal Action:
Jurisdiction over the territory where the
offense was committed.

 Venue is jurisdictional in criminal cases. It can neither be

waived nor subjected to stipulation. The right venue
must exist as a matter of law.
 Thus, for territorial jurisdiction to attach, the criminal action
must be instituted and tried in the proper court of the
municipality, city, or province where the offense was
committed or where any of its essential ingredients
took place. (People vs Taroy, GR 192466, Sept. 7, 2011)
Criminal Jurisdiction:
MeTC, MTC, MTCC, and MCTC.
 Section 32. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in
criminal cases. —
 Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall
exercise:
Criminal Jurisdiction:
MeTC, MTC, MTCC, and MCTC.
 (1) Exclusive original jurisdiction over all violations of city
or municipal ordinances committed within their
respective territorial jurisdiction; and
Criminal Jurisdiction:
MeTC, MTC, MTCC, and MCTC.
 "(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties, including the
civil liability arising from such offenses or predicated
thereon, irrespective of kind, nature, value or amount
thereof: Provided, however, That in offenses involving
damage to property through criminal negligence, they
shall have exclusive original jurisdiction thereof.“ (RA 7691
amended Section 32 of BP 129)
Criminal Jurisdiction:
Regional Trial Court (RTC).
 Section 20. Jurisdiction in criminal cases. —
 Regional Trial Courts shall exercise exclusive original
jurisdiction in all criminal cases
 not within the exclusive jurisdiction of any court, tribunal or
body,
 except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance of by the latter.
 (Section 20 of BP 129)
Criminal Jurisdiction:
Family Courts (RA 8369).
 Section 5. Jurisdiction of family Courts. - The Family
Courts shall have exclusive original jurisdiction to hear and
decide the following cases:
 a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine
(9) years of age or where one or more of the victims is
a minor at the time of the commission of the offense: xxx
Criminal Jurisdiction:
Family Courts (RA 8369).
 i) Cases against minors cognizable under the Dangerous
Drugs Act, as amended;
 j) Violations of Republic Act No. 7610, otherwise known
as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
Criminal Jurisdiction:
Family Courts (RA 8369).
 k) Cases of domestic violence against:
 1) Women - xxx; and
 2) Children - which include the commission of all forms
of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to
their development.
Criminal Action:
Sandiganbayan. (RA 10660)
 "SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise
exclusive original jurisdiction in all cases involving:
 "a. Violations of Republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II,
Section 2, Title VII, Book II of the Revised Penal
Code, where one or more of the accused are
officials occupying the following positions in the
government, whether in a permanent, acting or interim
capacity, at the time of the commission of the
offense:
Criminal Action:
Sandiganbayan. (RA 10660)
 "(1) Officials of the executive branch occupying the
positions of regional director and higher, otherwise
classified as Grade ’27’ and higher, of the Compensation
and Position Classification Act of 1989 (Republic Act No.
6758), specifically including:
 "(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers,
assessors, engineers, and other provincial department
heads:
Criminal Action:
Sandiganbayan. (RA 10660)
 "(b) City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department
heads;
 "(c) Officials of the diplomatic service occupying
the position of consul and higher;
Criminal Action:
Sandiganbayan. (RA 10660)
 "(d) Philippine army and air force colonels, naval
captains, and all officers of higher rank;
 "(e) Officers of the Philippine National Police
while occupying the position of provincial
director and those holding the rank of senior
superintendent and higher;
Criminal Action:
Sandiganbayan. (RA 10660)
 "(f) City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;
 "(g) Presidents, directors or trustees, or
managers of government-owned or controlled
corporations, state universities or educational
institutions or foundations.
Criminal Action:
Sandiganbayan. (RA 10660)
 "(2) Members of Congress and officials thereof
classified as Grade ’27’ and higher under the
Compensation and Position Classification Act of
1989;
 "(3) Members of the judiciary without prejudice to
the provisions of the Constitution;
Criminal Action:
Sandiganbayan. (RA 10660)
 "(4) Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions of
the Constitution; and
 "(5) All other national and local officials classified as
Grade ’27’ and higher under the Compensation and
Position Classification Act of 1989.
Criminal Action:
Sandiganbayan. (RA 10660)
 "b. Other offenses or felonies whether simple or
complexed with other crimes committed by the public
officials and employees mentioned in subsection a. of
this section in relation to their office.
 "c. Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14 and 14-
A, issued in 1986.
Criminal Action:
Sandiganbayan. (RA 10660)
 "Provided, That the Regional Trial Court shall have
exclusive original jurisdiction where the information:
 (a) does not allege any damage to the government or any
bribery; or
 (b) alleges damage to the government or bribery arising
from the same or closely related transactions or acts in an
amount not exceeding One million pesos (P1,000,000.00).
Criminal Action:
Sandiganbayan. (RA 10660)
 "Subject to the rules promulgated by the Supreme Court,
the cases falling under the jurisdiction of the Regional
Trial Court under this section shall be tried in a judicial
region other than where the official holds office.
Criminal Action:
Sandiganbayan. (RA 10660)
 "In cases where none of the accused are occupying
positions corresponding to Salary Grade ’27’ or higher,
as prescribed in the said Republic Act No. 6758, or military
and PNP officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court, municipal
trial court, and municipal circuit trial court, as the case
may be, pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129, as amended.
Criminal Action:
Sandiganbayan. (RA 10660)
 "The Sandiganbayan shall exercise exclusive appellate
jurisdiction over final judgments, resolutions or orders of
regional trial courts whether in the exercise of their own
original jurisdiction or of their appellate jurisdiction as herein
provided.
For Next Meeting:

 Codal:
 Rule 110 – Prosecution of Offenses
 Book/s:
 Judge Janice L. Andrade-Udarbe
 Covering Rule 110
For Next Meeting:
 Continuation:
 Cases for Digest and/or Discussion:
 A.M No. MTJ-00-1306, Mar 20, 2001 – Visbal vs Ramos
 GR 200026, Oct 4, 2017 - People vs Delector
 GR 152644, Feb 10, 2006 - Loney vs People
 GR 227777, Jun 15, 2020 – Villarba vs CA
 GR 236618, Aug 27, 2020 – JCLV Realty vs Mangali