MODULE 1 It is determined by the geographical area

over which it presides, and the fact that the crime,

WEEK 1
or any of its essential ingredients, took place within
said area.

RULES ON JURISDICTION 2. What do you understand by jurisdiction over

the subject matter?
*Definitions of terms:
Jurisdiction over the subject matter is the
1. Jurisdiction is the authority to hear and authority of courts to hear and determine a
decide a case. particular class of cases in accordance with existing
2. Criminal jurisdiction is the power of a laws.
State to try and punish a person for a violation of its 3. How is jurisdiction over the person of the
penal laws. It is based upon and flows from the accused acquired?
sovereignty and the range of that jurisdiction is
subject only to such restrictions thereon as the Jurisdiction over the person of the accused
State may have adopted as a matter of policy, may be acquired either by his voluntary submission
subject to the principles of international law. thereto, or in the absence thereof, by properly
obtained service of process.
 It is the power and authority of a court to
take cognizance of an offense and to *Authority of the Lupong Tagapamayapa of a
pronounce the judgment or sentence Barangay.
provided by law after a trial in the manner The lupon of each barangay shall have authority to
prescribed. bring together the parties actually residing in the
3. Venue is the territorial unit where the power same city or municipality for amicable settlement of
of the court is to be exercised. all disputes, except in offenses punishable by
imprisonment exceeding one (1) year or a fine
 It is the proper place or places for the trial of exceeding five thousand pesos (P5,000.00) or
a suit. offenses where no private offended party is
involved.
*Distinctions between jurisdiction and venue.
*Jurisdiction of the Metropolitan, Municipal,
The distinctions are:
Municipal Circuit Trial Courts in criminal cases.
1) Jurisdiction is the authority or the power
These courts shall have jurisdiction over the
itself; whereas venue is the geographical division;
following cases:
2) Jurisdiction is substantive; whereas venue
1. All violations of city or municipal ordinances
is procedural;
committed within their respective territorial
3) Jurisdiction is conferred by law and may not be jurisdiction;
changed by the parties; whereas venue may be the
2. All offenses punishable with imprisonment
subject of agreement of parties. However, is
of not more than six (6) years, irrespective of the
criminal cases, venue is jurisdictional.
fine and other imposable accessory or other
*Elements of jurisdiction in criminal cases. penalties;

1) Territorial jurisdiction; 3. In all offenses involving damage to property

through criminal negligence;
2) Jurisdiction over the subject matter; and
4. Offenses not falling under the exclusive
3) Jurisdiction over the person of the accused. jurisdiction of the Sandiganbayan where none of
1. How is territorial jurisdiction of courts in the principal accused are occupying positions
criminal cases determined? corresponding to salary grade “27” and higher;
5. In cases where the imposable penalty is
only fine of not more than P4,000.00.
6. Cases covered by the Rule of Summary Classification Act of 1989, Criminal cases filed
Procedure, viz.: (a) traffic violations; (b) rental law pursuant to executive Order Nos. 1, 2, 14 and 14-A.
violations; (c) violations of city or municipal
It has Appellate jurisdiction from final judgments,
ordinances; (d) all other cases where the penalty
resolutions or orders of regular courts where all of
does not exceed six [6) months imprisonment
the accused are occupying positions lower than
and/or fine of P1,000.00; and (e) violation of Batas
salary grade “27”.
Pambansa Blg. 22.
*Jurisdiction of the Court of Appeals in criminal
*Jurisdiction of Regional Trial Courts in
cases
criminal cases.
The Court of Appeals has jurisdiction in the
Regional Trial Courts shall have power to exercise
following cases:
its jurisdiction over the following cases:
1. Original actions for annulment of judgments
1. In all criminal cases not within the exclusive
of the Regional Trial Courts;
jurisdiction of any court or tribunal;
2. Appeals from the judgments or final orders
1.1. In criminal cases where the penalty
of the Regional Trial Courts,
provided by law exceeds six (6) years
imprisonment, irrespective of fine; 3. Automatic review of judgments in case the
Regional Trial Court imposes the death penalty,
1.2. In cases not falling within the exclusive
original jurisdiction of the Sandiganbayan where 4. Appeals via a petition for review in those
none of the principal accused are occupying cases appealed from the Metropolitan, Municipal
positions corresponding to salary grade “27” and and Municipal Circuit Trial Courts to the Regional
higher; Trial Court;
1.3. In cases where the only penalty prescribed *Jurisdiction of the Supreme Court in criminal
by law is fine exceeding P,4000.00; cases.
2. Appellate jurisdiction over criminal cases The Supreme Court exercises jurisdiction over the
decided by the Metropolitan, Municipal, Municipal following cases:
Circuit Trial Courts.
1. Original actions for certiorari, prohibition and
Note that a Family Court shall have mandamus against the Court of Appeals and the
exclusive jurisdiction over criminal cases where one Sandiganbayan, also petitions for habeas corpuz,
or more of the accused is below eighteen (18)
years of age but not less than nine (9) years of age 2. Petitions for review on certiorari against
or where one or more of the victims is a minor at decisions and final orders of the (1) Court of
the time of the commission of the offense. Appeals, (2) Sandiganbayan and (3) Regional Trial
Court where only question or error of law is
*Jurisdiction of the Sandiganbayan. involved.
The Sandiganbayan shall have jurisdiction in cases
involving
A. Violations of Republic Act (R.A.) No. 3019
(Anti-Graft and Corrupt Practices Act) and Chapter
II, Section 2, Title VII of the Revised Penal Code
and other offenses committed by public officers and
employees in relation to their office and private
individuals charged as co-principals, accomplices
and accessories where one or more of the public
officials occupy the following positions in the
Government where classified as grade “27” and
higher of the Compensation and Position
MODULE 2 Preparation of prosecution witnesses
WEEK II The following steps may serve as a guide for the
initial preparation of the supposed witness for the
prosecution, they are:
Theorizing the Cause of Accusation and
1. The witness must be asked to tell and write
Gathering of Evidence
about his personal knowledge of the facts that will
constitute his testimony.

The overt act 2. The witness’s story must focus on matters

which are relevant material and competent
In criminal cases, there must be an overt act
committed that can produce physical change in the 3. His story must include the following
outside world, an act which is calculated to produce elements: the name of the parties involved, ie., the
felony or crime. Products of the mind like intention name of the complainant and respondent/accused;
to commit a wrong, if not put into action, cannot be the approximate time of the happening of the event;
the basis of criminal and civil responsibility, save in the locus criminis, consider that in criminal cases
cases specifically provided by law, e.g., acts which venue is jurisdictional; the allegations of fact and/or
are punished under the law by mere proposal or circumstances pointing to the respondent/accused
conspiracy. is the doer of the criminal act and those constituting
the offense; and the law violated.
4. The happening of the events must be a
Formulation of case theory chronologically presented.
First and foremost, the guiding principle is that the 5. The narration of facts must clearly show the
evidence to be believed must be in accord with the identity of the culprit as the doer of the criminal act
ordinary human experience. The suggested steps and the presence of all the elements of the offense
in the formulation of case theory follow: allegedly committed, including the presence of any
qualifying or generic aggravating circumstances,
1. Ocular inspection of the locus criminis.
and bases for claiming damages, if proper under
2. The gathering of evidence: object (autoptic), the circumstances.
documentary and testimonial, which must be
6. The gathered facts and sources and/or
relevant, material and competent. Note that the
pieces of evidence must be formally drawn into an
introduction into evidence of object and
affidavit signed by the witness and properly
documentary evidence needs a testimonial
subscribed and sworn to before any person
sponsor.
authorized to administer oath.
3. Preparation of witnesses and their
It should be noted that while motive of the
statements. The basic rule is that these witnesses
respondent in doing the act is generally irrelevant in
must have personal knowledge of the matter which
the prosecution of criminal actions; nonetheless, it
will constitute their testimonies.
finds relevance where there is no direct evidence
available linking respondent with the crime
allegedly committed or there is question as to the
proper identification of respondent as the actor.
MODULE 3 person or before such person became of unsound
mind. (20a)
WEEK 3
SECTION 24. Disqualification by reason of
privileged communication. — The following
RULE 130 persons cannot testify as to matters learned in
confidence in the following cases:
C. Testimonial Evidence
(a) The husband or the wife, during or after the
1. Qualification of Witnesses marriage, cannot be examined without the consent
SECTION 20. Witnesses; their qualifications. — of the other as to any communication received in
Except as provided in the next succeeding section, confidence by one from the other during the
all persons who can perceive, and perceiving, can marriage except in a civil case by one against the
make known their perception to others, may be other, or in a criminal case for a crime committed
witnesses. by one against the other or the latter's direct
descendants or ascendants;
Religious or political belief, interest in the outcome
of the case, or conviction of a crime unless (b) An attorney cannot, without the consent of
otherwise provided by law, shall not be a ground for his client, be examined as to any communication
disqualification. (18a) made by the client to him, or his advice given
thereon in the course of, or with a view to,
SECTION 21. Disqualification by reason of professional employment, nor can an attorney's
mental incapacity or immaturity. — The following secretary, stenographer, or clerk be examined,
persons cannot be witnesses: without the consent of the client and his employer,
concerning any fact the knowledge of which has
(a) Those whose mental condition, at the time
been acquired in such capacity;
of their production for examination, is such that they
are incapable of intelligently making known their (c) A person authorized to practice medicine,
perception to others; surgery or obstetrics cannot in a civil case, without
the consent of the patient, be examined as to any
(b) Children whose mental maturity is such as
advice or treatment given by him or any information
to render them incapable of perceiving the facts
which he may have acquired in attending such
respecting which they are examined and of relating
patient in a professional capacity, which information
them truthfully. (19a)
was necessary to enable him to act in that capacity,
SECTION 22. Disqualification by reason of and which would blacken the reputation of the
marriage. — During their marriage, neither the patient;
husband nor the wife may testify for or against the
(d) A minister or priest cannot, without the
other without the consent of the affected spouse,
consent of the person making the confession, be
except in a civil case by one against the other, or in
examined as to any confession made to or any
a criminal case for a crime committed by one
advice given by him in his professional character in
against the other or the latter's direct descendants
the course of discipline enjoined by the church to
or ascendants. (20a)
which the minister or priest belongs;
SECTION 23. Disqualification by reason of
(e) A public officer cannot be examined during
death or insanity of adverse party. — Parties or
his term of office or afterwards, as to
assignors of parties to a case, or persons in whose
communications made to him in official confidence,
behalf a case is prosecuted, against an executor or
when the court finds that the public interest would
administrator or other representative of a deceased
suffer by the disclosure. (21a)
person, or against a person of unsound mind, upon
a claim or demand against the estate of such 2. Testimonial Privilege
deceased person or against such person of
unsound mind, cannot testify as to any matter of SECTION 25. Parental and filial privilege. — No
fact occurring before the death of such deceased person may be compelled to testify against his
parents, other direct ascendants, children or other
direct descendants. (20a)
MODULE 4 SECTION 30. Admission by conspirator. — The
act or declaration of a conspirator relating to the
WEEK 4
conspiracy and during its existence, may be given
3. Admissions and Confessions in evidence against the co-conspirator after the
conspiracy is shown by evidence other than such
SECTION 26. Admission of a party. — The act, act or declaration. (27)
declaration or omission of a party as to a relevant
fact may be given in evidence against him. (22)
SECTION 31. Admission by privies. — Where
SECTION 27. Offer of compromise not one derives title to property from another, the act,
admissible. — In civil cases, an offer of declaration, or omission of the latter, while holding
compromise is not an admission of any liability, and the title, in relation to the property, is evidence
is not admissible in evidence against the offeror. against the former. (28)
prem05cd

SECTION 32. Admission by silence. — An act or

In criminal cases, except those involving quasi-
declaration made in the presence and within the
offenses (criminal negligence) or those allowed by
hearing or observation of a party who does or says
law to be compromised, an offer of compromise by
nothing when the act or declaration is such as
the accused may be received in evidence as an
naturally to call for action or comment if not true,
implied admission of guilt.
and when proper and possible for him to do so,
may be given in evidence against him. (23a)
A plea of guilty later withdrawn, or an unaccepted
offer of a plea of guilty to a lesser offense, is not
admissible in evidence against the accused who
SECTION 33. Confession. — The declaration of
made the plea or offer.
an accused acknowledging his guilt of the offense
charged, or of any offense necessarily included
An offer to pay or the payment of medical, hospital
therein, may be given in evidence against him.
or other expenses occasioned by an injury is not
(29a)
admissible in evidence as proof of civil or criminal
liability for the injury. (24a)

4. Previous Conduct as Evidence

SECTION 28. Admission by third party. — The
rights of a party cannot be prejudiced by an act, SECTION 34. Similar acts as evidence. —
declaration, or omission of another, except as Evidence that one did or did not do a certain thing
hereinafter provided. (25a) at one time is not admissible to prove that he did or
did not do the same or a similar thing at another
time; but it may be received to prove a specific
intent or knowledge, identity, plan, system, scheme,
SECTION 29. Admission by co-partner or agent.
habit, custom or usage, and the like. (48a)
— The act or declaration of a partner or agent of
the party within the scope of his authority and
during the existence of the partnership or agency,
may be given in evidence against such party after SECTION 35. Unaccepted offer. — An offer in
the partnership or agency is shown by evidence writing to pay a particular sum of money or to
other than such act or declaration. The same rule deliver a written instrument or specific personal
applies to the act or declaration of a joint owner, property is, if rejected without valid cause,
joint debtor, or other person jointly interested with equivalent to the actual production and tender of
the party. (26a) the money, instrument, or property. (49a)
MODULE 5 than thirty years old, or respecting marriage or moral
character, may be given in evidence. Monuments and
5. Testimonial Knowledge inscriptions in public places may be received as
SECTION 36. Testimony generally confined to evidence of common reputation. (35)
personal knowledge; hearsay excluded. — A
witness can testify only to those facts which he knows SECTION 42. Part of the res gestae. — Statements
of his personal knowledge; that is, which are derived made by a person while a startling occurrence is
from his own perception, except as otherwise taking place or immediately prior or subsequent
provided in these rules. (30a) thereto with respect to the circumstances thereof,
may be given in evidence as part of the res gestae.
6. Exceptions to the Hearsay Rule So, also, statements accompanying an equivocal act
SECTION 37. Dying declaration. — The declaration material to the issue, and giving it a legal significance,
of a dying person, made under the consciousness of may be received as part of the res gestae. (36a)
an impending death, may be received in any case
wherein his death is the subject of inquiry, as SECTION 43. Entries in the course of business.
evidence of the cause and surrounding circumstances — Entries made at, or near the time of the
of such death. (31a) transactions to which they refer, by a person
deceased, or unable to testify, who was in a position
SECTION 38. Declaration against interest. — The to know the facts therein stated, may be received as
declaration made by a person deceased, or unable to prima facie evidence, if such person made the entries
testify, against the interest of the declarant, if the fact in his professional capacity or in the performance of
asserted in the declaration was at the time it was duty and in the ordinary or regular course of business
made so far contrary to declarant's own interest, that or duty. (37a)
a reasonable man in his position would not have
made the declaration unless he believed it to be true, SECTION 44. Entries in official records. — Entries
may be received in evidence against himself or his in official records made in the performance of his duty
successors in interest and against third persons. by a public officer of the Philippines, or by a person in
(32a) the performance of a duty specially enjoined by law,
are prima facie evidence of the facts therein stated.
SECTION 39. Act or declaration about pedigree. (38)
— The act or declaration of a person deceased, or
unable to testify, in respect to the pedigree of another SECTION 45. Commercial lists and the like. —
person related to him by birth or marriage, may be Evidence of statements of matters of interest to
received in evidence where it occurred before the persons engaged in an occupation contained in a list,
controversy, and the relationship between the two register, periodical, or other published compilation is
persons is shown by evidence other than such act or admissible as tending to prove the truth of any
declaration. The word "pedigree" includes relevant matter so stated if that compilation is
relationship, family genealogy, birth, marriage, death, published for use by persons engaged in that
the dates when and the places where these facts occupation and is generally used and relied upon by
occurred, and the names of the relatives. It embraces them therein. (39)
also facts of family history intimately connected with
pedigree. (33a) SECTION 46. Learned treatises. — A published
treatise, periodical or pamphlet on a subject of history,
SECTION 40. Family reputation or tradition law, science or art is admissible as tending to prove
regarding pedigree. — The reputation or tradition the truth of a matter stated therein if the court takes
existing in a family previous to the controversy, in judicial notice, or a witness expert in the subject
respect to the pedigree of any one of its members, testifies, that the writer of the statement in the
may be received in evidence if the witness testifying treatise, periodical or pamphlet is recognized in his
thereon be also a member of the family, either by profession or calling as expert in the subject. (40a)
consanguinity or affinity. Entries in family bibles or
other family books or charts, engravings on rings, SECTION 47. Testimony or deposition at a former
family portraits and the like, may be received as proceeding. — The testimony or deposition of a
evidence of pedigree. (34a) witness deceased or unable to testify, given in a
former case or proceeding, judicial or administrative,
SECTION 41. Common reputation. — Common involving the same parties and subject matter, may be
reputation existing previous to the controversy, given in evidence against the adverse party who had
respecting facts of public or general interest more the opportunity to cross-examine him. (41a)
MODULE 6 MODULE 7

WEEK 6 WEEK 7

7. Opinion Rule 8. Character Evidence

SECTION 48. General rule. — The opinion of a SECTION 51. Character evidence not generally
witness is not admissible, except as indicated in the admissible; exceptions: —
following sections. (42)
(a) In Criminal Cases:
SECTION 49. Opinion of expert witness. — The
opinion of a witness on a matter requiring special (1) The accused may prove his good moral
knowledge, skill, experience or training which he is character which is pertinent to the moral trait involved
shown to possess, may be received in evidence. in the offense charged.
(43a) (2) Unless in rebuttal, the prosecution may not
SECTION 50. Opinion of ordinary witnesses. — prove his bad moral character which is pertinent to
The opinion of a witness for which proper basis is the moral trait involved in the offense charged.
given, may be received in evidence regarding — (3) The good or bad moral character of the
(a) the identity of a person about whom he has offended party may be proved if it tends to establish in
adequate knowledge; any reasonable degree the probability or improbability
of the offense charged.
(b) A handwriting with which he has sufficient
familiarity; and (b) In Civil Cases:

(c) The mental sanity of a person with whom he is Evidence of the moral character of a party in a civil
sufficiently acquainted. case is admissible only when pertinent to the issue of
character involved in the case.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a (c) In the case provided for in Rule 132, Section
person. (44a) 14. (46a, 47a)