CRIMINAL PROCEDURE (B) JURISDICTION OVER TERRITORY

- Procedure for the prosecution of criminal action - venue of a criminal case, the venue of civil case is different,
- Law that provides and regulates the steps by which venue in civil case is waivable but venue in criminal case is
one who committed a crime is to be punished. (People jurisdictional – if the prosecution was not able to prove within
v. Lason) the terrirtorial jurisdiction of the court, yung judgement is void.
- Adjudication process of criminal law
(C) JURISDICTION OVER THE PERSON OF THE ACCUSED
PROCESS GOVERNING CRIMINAL PROCEDURE Acquired through:
1. Upon arrest by virtue of warrant of arrest issued by the
Adversarial – it contemplates tow contending parties before court
the court which hears them impartially and renders judgement 2. Voluntary submission to Court’s Jurisdiction –
after trial. Voluntary Appearance
Inquisitorial – the court plays a very active role and is not ACTS INVOLVED:
limited to the evidence presented before it. The court may a. asking for affirmative relief except when questioning
utilize the evidence gather outside the court and the judge jurisdiction
under this system actively participates in the gathering of b. Filing a motion to quash and any other motion from
evidence which has not been formally offered. Judge take an the court
active role in hearing the case c. Appearance of counsel during arraignment
d. Entry of appearance of counsel for the accused
Both adversarial and Inquisitorial System but more of e. Act of posing bail without qualification
Adversarial System.
CUSTODY OF LAW V. JURISDICTION OVER THE
CRIMINAL LITIGATION PROCESS PERSON
David vs. Agbay – it is possible that the court acquired
REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION jurisdiction over the accused but that person is not yet in the
(A) JURISDICTION OVER THE SUBJECT MATTER custody of the law or under the custody of the law but does not
- Governed by Law – it is the law which confer yet acquired jurisdiction of the person.
jurisdiction except the supreme court.
- In order to ascertain whether the court has Miranda vs. Tuliao -Custody of the law is requires before the
jurisdiction the provision of the law shall be inquired as court can act upon the application for bail, but is not requires
the jurisdiction over the subject matter cannot be for the adjudication of the other relief sough by the defendant
presumed it must be expressly provided by law. where the mere application therefor constitutes a waiver of the
- determined by the allegation in the information and defense of lack of jurisdiction over the person of the accused.
not determined by the evidence presented during trial
JURISDICTION OF COURTS
Example : Case frustrated murder more than 6 months BP 129 MTC AND RTC, PD 1606 SANDIGANBAYAN, LAW
so within jurisdiction of– RTC during trial what was CREATING CTA
only proven serious physical injury – Can be dismissed?
NO, Because it must be determined by the allegation FIRST LEVEL COURTS
and the penalty imposable not penalty imposed after 1. Violations of city or municipal ordinances committed
the trial ( People vs Buissan) 2. Not exceeding 6 years regardless of imposed penalty
and accessory
Principle of Adherence to Jurisdiction – once the
jurisdiction of the subject matter attached it will REGIONAL TRIAL COURTS
continue up to the determination of the case 1. When penalty of the law exceeds 6 years
regardless what happened in the interim. 2. RA 9165
3. Intellectual Property Law
Determined by the law at the time of the 4. DEFAMATION under 360
commencement of the criminal action and not the law 5. Violation of 9262 Family Court
in effect at the time of the commission of the offense. 6. Anti-Money Laundering
Except cases falling under the jurisdiction of the 7. Violation of Cyber Crime Law
Sandiganbayan. 8. Cases under appellate jurisdiction of Sandiganbayan
9. Violation of Election Laws
 Sec 5 of Rule 110 – In case of heave work schedule of the public
Rule 110: PROSECUTION OF OFFENSES prosecutor or lack of prosecutors, the private prosecutor may
HOW IS CRIMINAL ACTION INSTITUTED? be authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute the case subject
OFFENSES WHICH REQUIRE PRELIMINARY INVESTIGATION to the approval of the court.
Imposable penalty of 4 years two months and one day (Sec 1,
Rule 112) PROSECUTION OF PRIVATE CRIMES
CRIMES OF ADULTERY AND CONCUBINAGE.
EFFECT OF INSITUTION OF CRIMINAL ACTION ON Cannot be prosecuted officio – the offended party cannot
PRESCRIPTIVE PERIOD institute criminal prosecution without including the guilty
The institution of the criminal action shall interrupt the running parties, if both are alive, nor in any case if the offended party
period of prescription of the offense charged unless otherwise has consented to the offense of pardoned the offenders.
provided in special laws. (Section 1, Rule 110)
Information – Filing in Court or Filing in Prosecutor SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS
Shall not be prosecuted except upon a complaint filed by the
For Special Laws and Ordinances offended party or her parents if the offended party is minor, he
Section 2 of Act 3326 – The prescription shall be interrupted has the right to initiate the prosecution of the above offenses,
when proceedings are instituted against the guilty party, and unless incompetent of doing so.
shall begin to run again if the proceedings are dismissed for
reasons not constituting jeopardy. Proceedings herewith are COMPLAINT FILE BY THE OFFENDED PARTY
judicial proceedings. Liberal and loose interpretation – charge, allegation, grievance,
accusation or denunciation. Indication that he wants the case
Section 5. WHO SHALL PROSECUTE CRIMINAL ACTIONS be prosecuted thus the state would take it from them. The state
All criminal actions commenced by complaint or information gives preference to the offended party since they are suffering
shall be prosecuted under the direction and control of the in silence out of consideration.
public prosecutor.
Compliance with the rule is jurisdictional and not merely a
Thus, Prosecution has the power to: formal requirement. The jurisdiction of the court is base on law,
1. Determine whether there is a prima facie case exist the requirement of sworn written complaint is just as
2. Conflicting testimonies exist jurisdictional a mandate since it is that complaint which start
3. Which witnesses shall be presented in court the prosecutor proceeding.
4. Determine what to charge
5. Determine whom to charge People vs. Ilarde
If the offended already manifested hos desire to file charges
Pinote vs. Ayco against both accused. Then the requirements was already
Can the court with proceed with the prosecution of the case complied with.
when the prosecutor is absent?
NOTE:
NO. If the public prosecutor is absent the court is bound to Consent may be given prior or subsequent to knowledge of
reset the case sine it must be under the direct supervision of offense- it may be express or implied (People vs.
public prosecutor to protect the vital state interests, foremost Schneckenburger). Pardon as to prohibit the state from
of which its interest to vindicate the rule of law, the bedrock of instituting private crimes must be expressly done prior to the
peace of the people. Indispensable element in the proceeding – institution of the criminal action.
if the prosecution is absent the case must be reset.
The law provides for the exclusive and successive rule with
One cannot object if hearings are reset at the request of public respect to the prosecution of seduction, abduction and
prosecutor due to his or her unavailability, even promulgation concubinage
of judgement and defense should not be allowed to present
evidence. WHAT IS A COMPLAINT
Sworn written statement charging a person with an offense,
ROLE OF OSG IN APPEAL subscribed by the officer, or other public officer charged with
In case of dismissal of the case or acquittal of the accused, only the enforcement of the law violated.
the OSG may file an appeal or petition for certiorari to question
the dismissal or acquittal. WHAT IS INFORMATION
Accusation in writing charging person with an offense,
MAY A PRIVATE PROSECUTOR PROSECUTE A CASE EVEN IN THE subscribed by the prosecutor and filed with the court.
ABSENCE OF THE PUBLIC PROSECUTOR
 4. Name of the offended party
5. Approximate date of the commission of the offense
SUFFICIENCY OF COMPLAINT OR INFORMATION (N-D-A-N-D-P) 6. Place where the offense was committed
1. Name of the accused
2. Designation of the offense given by the statute Failure to allege some of this item – susceptible for dismissal
Section 8 Rule 110 information does not follow the subscribed form
Complaint or information shall sate the designation of
the offense given by the statute aver the acts or REMEDY IF THE INFORMATION IS NOT SUFFICIENT
omissions constitution the offense and specify its ACCUSED CAN FILE A MOTION TO QUASH
qualifying and aggravating circumstances. 1. Facts charged do not charge an offense
2. Does not conform substantially to prescribed form
FOR: VIOLATION OF ___________ 3. Officer who filed the information does not have the
It assists in apprising the accused of the offense being authority to file the same.
charged – to avoid surprise and afford him of 4. Lack of Jurisdiction
opportunity to prepare for his defense accordingly.
Quisay vs People
Effects of failure to designate offense, not necessarily Complaints or information filed before the courts without prior
what is controlling is the allegations in the information written authority or approval of the foregoing authorize officers
– it does not vitiate the information of the facts alleged renders the same defective and therefore subject to quashal.
clearly recite the facts constituting the offense. Every information must be approved and signed by the city
prosecutor otherwise it is defective – it will be a jurisdictional
3. Acts or omissions complaint of as constituting the infirmity which can be questioned anytime in the proceeding.
offense
If absent – Accused can file for Motion to Quash for DUPLICITY OF OFFENSE
failure to allege the act or omission complained of. A complaint or information must charge only one effense,
except when the law prescribed a single punishment for various
The court cannot consider qualifying and aggravating offenses.
circumstance proved during trial cannot be used
against the accused. Every information must specify its Charges 2 or more offenses – Motion to Dismiss / Motion to
qualifying and aggravating circumstances. (People vs Quash on the ground of duplicity of offense.
Valdez)
Accused did not file motion to quash, waivable?
Willfully, unlawfully with treachery killed the victim – is Yes, if defect was not questioned it has nothing wrong about it,
this sufficient? – this is not enough it must be specified he can be convicted as many crimes as has been alleged.
and ultimate facts constituting treachery and other
qualifying circumstances. AMENDMENT AND SUBSTITUTION
A Complaint or information may be amended, in form or in
The requirement of sufficient factual averments is substance, without leave of court, at any time before the
meant to inform the accused of the nature and cause accused enters his plea. After the plea and during the trial, a
of the charge against him to enable him to prepare for formal amendment may be made with leave of court and when
his defense. it can be done without causing prejudice to the rights of the
accused.
People vs Solar (2019)
Court agrees with the ruling enunciated in Valdez. Before arraignment amendment is a matter or right both as to
There should be specifically describing the acts done form and substance. After arraignment substantial amendment
by the accused that made any or all of such not allowed only formal amendment provided it will not
circumstances present. prejudice the right of the accused.

IF THE INFORMATION DOES NOT ALLEGE FACTS Before arraignment the accused would still have to file a motion
CONSTITUTING TREACHERY, IS THAT DEFECT to leave to amend the information? Yes, amendment intends to
WAIVABLE downgrade the offense or excludes any accused from the
complaint or information, can be made only upon motion by
Yes, if the accused did not question the defective the prosecutor, with notice to the offended party and with
information he is deemed to have waived any of the leave of court. The court shall state its reasons in resolving the
waivable defects in the information, including the motion and copies of its order shall be furnished all parties,
supposed lack of particularity in the description of the especially the offended party. ( Section 14, Rule 110)
attendant circumstance.
Time before judgement that mistake has been made in charging thus this type of civil liability cannot proceed independently
the proper offense, the court shall dismiss the original from the criminal action. However, its institution and
complaint or information upon the filing of a new one charging prosecution may be reserved.
the proper offense in accordance with Section 19, Rule 119 ,
provided the accused shall not be place in double jeopardy. The
court may require the witnesses to give bail for their
appearance at the trial. WHEN SHOULD YOU NRESERVE THE PROSECUTION OF CIVIL
ACTION AND WHEN SHALLL RESERVATION BE MADE?
RULES OF AMENDMENT
1. It is matter if right, as to form and substance before The reservation of the right to institute the civil action shall be
arraignment made before the prosecution starts presenting its evidence and
2. If it downgrades the nature of the offense or excludes under circumstance affording the offended party a reasonable
any accused from the information, it has to be by leave opportunity to make such reservation.
of court – offended party must be notified
3. Only formal amendment may be made after Civil action that needs reservation are those civil action which
arraignment and there has to be with leave of court. arises from crime – but with respect to other civil action that do
not arise from crime you do not have to reserve it.
FORMAL VS. SUBSTANTIAL
SUBSTANTIAL v. kabaliktaran CONSEQUENCES WHEN THE CIVIL LIABILITY IS INSTITUTED WITH
A. Change the nature of the offense THE CRIMINAL ACTION
B. Affect the essence of the offense
C. It causes surprise 1. After the criminal action is commenced the separate
D. It deprives the accused of the opportunity to meet new civil action arising from therefrom cannot be instituted
averment. until final judgement has been entered in the criminal
action.
WHEN IS FORMAL AMENDMET PREJUDICIAL TO THE ACCUSED? 2. If the criminal action is filed after the said civil action
Whether the defense under the original information will not has already been instituted, the latter shall be
anymore available after the amendment is made and if any suspended in whatever stage it may be found before
evidence that an accused might is not anymore applicable after judgement on the merits.
amendment, the amendment will prejudice the rights of the 3. During the pendency of the criminal action, the
accused. (Corpus v. Pamular) running of the period of prescription of the civil action
which cannot be instituted separately or whose
SUBSTITUTON OF COMPLAINT OF INFORMATION. proceeding has been suspended shall be tolled.
If it appears at any time before judgment that a mistake has
been made in charging the proper offense, the court shall WILL ACQUITALL IN CRIMINAL CASES CARRY WITH IT
dismiss the original complaint or information upon the filing of EXTINCTION OF THE CIVIL ACTION
new one charging the proper offense in accordance with
Section 19 Rule 119, provided the accused shall not be placed in 4. The extinction of the penal action does not carry with
double jeopardy. The court may require witnesses to give bail it extinction of the civil action. However, the civil action
for their appearance at the trial – original complaint will not yet based on the delict shall be deemed extinguished of
automatically be dismissed thus the accused cannot be there is a finding in a final judgement in the criminal
released. action that the act or omission from which the civil
liability may arise did not exist.
AMENDMENT OR SUBSTITUTION
INSTANCES WHERE ACQUITTAL IN A CRIMINAL CASE DOES NOT
RULE 111 RESULT IN THE EXTINGUISHMENT OF CIVIL LIABILITY
PROSECUTION OF CIVIL ACTION
1. Where acquittal is based on reasonable doubt
When criminal action is instituted, the civil action for the 2. Where the court express declared that the liability of
recovery of the civil liability arising from the offense charged the accused is not criminal but civil
shall be deemed impliedly instituted (Sec 1, Rule 111) 3. Where the liability is not derived from or based on the
criminal act of which the accused is acquitted.
Every person criminally liable is also civilly liable (Article 100, (Ching vs. Nicdao)
CC)
IS COUNTERCLAIM OR CROSS-CLAIM ALLOWED IN CRIMINAL
Note: CASES
What is deemed instituted with criminal action is only the NO. Under the rules, No counterclaim, cross-claim, or third
action to recover civil liability arising from crime or ex delito, party complaint may be filed by the accused in the criminal
case, but any cause of action which could have been the subject
thereof my be litigated in a separate civil action.