logging in or signing up jurisdiction 1stday jundumaug Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 29 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: July 21, 2010 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Slide 1: CRIMINAL PROCEDURE CRIMINAL PROCEDURE It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. Slide 2: CRIMINAL PROCEDURE CRIMINAL JURISDICTION It is the authority to hear and try a particular offense and impose the punishment for it. Slide 3: CRIMINAL PROCEDURE HIERARCHY OF COURTS Slide 4: CRIMINAL PROCEDURE HIERARCHY OF COURTS b.) Special courts 1. Court of Tax Appeals 2. Sandiganbayan 3. Sharia District Courts and the Sharia Circuit Courts ; 4. Family Courts Slide 5: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over the subject matter 2. Jurisdiction over the territory where the offense was committed 3. Jurisdiction over the person of the accused Slide 6: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over the subject matter is the power to hear and determine cases of the general class to which the proceedings in question belong; by virtue of the imposable penalty or its nature, is one which the court is by law authorized to take cognizance of; conferred by law. Slide 7: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 2. Jurisdiction over the territory where the offense is committed. – the offense must have been committed within the territorial jurisdiction of the court; jurisdiction over the territory; cannot be waived. Slide 8: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 3. Jurisdiction over the person of the accused – the person charged with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. Slide 9: CRIMINAL PROCEDURE Slide 10: The word JURISDICTION is derived from 2 Latin words: 1.) JURIS – law; 2.) DICO – to speak, or to say. So, in effect, when you say jurisdiction, literally translated, it means, “I speak by the law.” It means that you are saying “I speak with authority” because when you invoke the law, then your act is authorized. Even in old times when the representatives of the king or the sovereign will try to arrest somebody or will try to enter your house, they open up in the name of the law. They will always invoke “in the name of the law.” JURISDICTION Slide 11: JURISDICTION simply means the power of the court to hear try and decide a case. In its complete aspect, jurisdiction includes not only the powers to hear and decide a case, but also the power to enforce the judgment. JURISDICTION Slide 12: Q: What is the effect if the court has no jurisdiction? A: If a court has no jurisdiction, it has no power or authority to try a case and that is a concept you already know in Criminal Procedure. Without jurisdiction, the trial is null and void as well as the judgment. Let’s go to a criminal case. Can you file an information for murder before the MTC? Or can you file an information for slight physical injuries before the RTC? There is something wrong there. If a slight physical injury case is filed against you in the RTC, what will you do? JURISDICTION Slide 13: JURISDICTION vs. EXERCISE OF JURISDICTION Q: Distinguish jurisdiction from exercise of jurisdiction. A: The authority to decide a case, not the decision rendered, is what makes up jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. Where there is jurisdiction over of the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. JURISDICTION Slide 14: ERROR OF JURISDICTION vs. ERROR OF JUDGMENT 1.) When a court acquires jurisdiction over the subject matter, the decision or order on all other questions arising in the case is but an exercise of jurisdiction; Errors which the court may commit in the exercise of such jurisdiction are merely ERRORS OF JUDGMENT; whereas, When a court takes cognizance of a case over the subject matter of which it has no jurisdiction, the court commits an ERROR OF JURISDICTION. 2.) ERRORS OF JURISDICTION are reviewable by certiorari; whereas, ERRORS OF JUDGMENT are reviewable by appeal. JURISDICTION Slide 15: Q: In whom is jurisdiction is vested? A: Jurisdiction is vested with the court, not in the judge. A court may have several branches, and each is not a court distinct and separate from the others. So, when a case is filed before a branch, the trial may be had or proceedings may continue before another branch or judge. JURISDICTION Slide 16: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; JURISDICTION Slide 17: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits, whether civil, criminal, administrative, real, personal or mixed. It is very broad – to hear and try practically all types of cases. JURISDICTION Slide 18: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement. One can file the case there for the first time. JURISDICTION Slide 19: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a lower court. If one court has the power to correct the decision of a lower court, the power of this court is appellate. This is because it commenced somewhere else and it is just reviewing the decision of the said lower court. JURISDICTION Slide 20: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others. JURISDICTION Slide 21: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with another or other courts over the same subject matter, the court obtaining jurisdiction first retaining it to the exclusion of the others, but the choice of court is lodged in those persons duly authorized to file the action. JURISDICTION Slide 22: GENERAL RULE: CRIMINAL JURISDICTION OF MUNICIPAL TRIAL COURT MTC has jurisdiction over all offenses, the maximum penalty of which as provided by law does not exceed 6 years (prision correccional). EXCEPTION: In cases where the only penalty provided by law is a fine, the amount whereof shall determine the jurisdiction of the court: • MetroTC, MTC, and MCTC: if fine is not more than 4000 pesos. • RTC: if fine exceeds 4000 pesos, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed 6000 pesos. (SC Court Circular No. 09-94). Accessory penalties and civil liabilities: no longer determinative of jurisdiction. CRIMINAL JURISDICTION Slide 23: No jurisdiction: over those cases which by provision of special law are made triable by the RTC or the Sandiganbayan even if the maximum penalty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Sec. 39 of the Dangerous Drugs Act of 1972 (RA 6425). CRIMINAL JURISDICTION Slide 24: CRIMINAL JURISDICTION OF SANDIGANBAYAN Offenses or felonies, whether simple or complexed with other crimes committed by the public officials and their employees mentioned in Subsection (a) of this section in relation to their office. If the last element, namely, “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the SB. CRIMINAL JURISDICTION Slide 25: Election Offenses Fall outside the jurisdiction of SB even if they are committed by public officers classified as Grade 27 and higher and in relation to their offices. It is the RTC that has jurisdiction as provided for in the Omnibus Election Code. CRIMINAL JURISDICTION Slide 26: Court Martial Cases Offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” CRIMINAL JURISDICTION Slide 27: Jurisdiction of Family Courts Republic Act No. 8369 establishing the Family Court granting them exclusive original jurisdiction over child and family cases, namely: Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age or where one or more of the victim is a minor at the time of the commission of the offense, provided that if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence shall be suspended without need of an application pursuant to the “Child and Youth Welfare Code or P.D. 603). CRIMINAL JURISDICTION Slide 28: Jurisdiction over Complex Crimes Jurisdiction is lodged with the trial court having jurisdiction to impose the maximum and most serious penalty imposable of an offense forming part of the complex crime. CRIMINAL JURISDICTION Slide 29: Court Martial Cases Offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” CRIMINAL JURISDICTION Slide 30: Jurisdiction over Crimes Punishable by Destierro Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the Municipal Trial Court, considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto mayor which involves imprisonment CRIMINAL JURISDICTION Slide 31: Principle of Adherence of Jurisdiction Once jurisdiction is vested in the court, it is retained up to the end of litigation (Dela Cruz v. Moya, 160 SCRA 838). 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jurisdiction 1stday jundumaug Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 29 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: July 21, 2010 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Slide 1: CRIMINAL PROCEDURE CRIMINAL PROCEDURE It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. Slide 2: CRIMINAL PROCEDURE CRIMINAL JURISDICTION It is the authority to hear and try a particular offense and impose the punishment for it. Slide 3: CRIMINAL PROCEDURE HIERARCHY OF COURTS Slide 4: CRIMINAL PROCEDURE HIERARCHY OF COURTS b.) Special courts 1. Court of Tax Appeals 2. Sandiganbayan 3. Sharia District Courts and the Sharia Circuit Courts ; 4. Family Courts Slide 5: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over the subject matter 2. Jurisdiction over the territory where the offense was committed 3. Jurisdiction over the person of the accused Slide 6: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over the subject matter is the power to hear and determine cases of the general class to which the proceedings in question belong; by virtue of the imposable penalty or its nature, is one which the court is by law authorized to take cognizance of; conferred by law. Slide 7: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 2. Jurisdiction over the territory where the offense is committed. – the offense must have been committed within the territorial jurisdiction of the court; jurisdiction over the territory; cannot be waived. Slide 8: CRIMINAL PROCEDURE REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION 3. Jurisdiction over the person of the accused – the person charged with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. Slide 9: CRIMINAL PROCEDURE Slide 10: The word JURISDICTION is derived from 2 Latin words: 1.) JURIS – law; 2.) DICO – to speak, or to say. So, in effect, when you say jurisdiction, literally translated, it means, “I speak by the law.” It means that you are saying “I speak with authority” because when you invoke the law, then your act is authorized. Even in old times when the representatives of the king or the sovereign will try to arrest somebody or will try to enter your house, they open up in the name of the law. They will always invoke “in the name of the law.” JURISDICTION Slide 11: JURISDICTION simply means the power of the court to hear try and decide a case. In its complete aspect, jurisdiction includes not only the powers to hear and decide a case, but also the power to enforce the judgment. JURISDICTION Slide 12: Q: What is the effect if the court has no jurisdiction? A: If a court has no jurisdiction, it has no power or authority to try a case and that is a concept you already know in Criminal Procedure. Without jurisdiction, the trial is null and void as well as the judgment. Let’s go to a criminal case. Can you file an information for murder before the MTC? Or can you file an information for slight physical injuries before the RTC? There is something wrong there. If a slight physical injury case is filed against you in the RTC, what will you do? JURISDICTION Slide 13: JURISDICTION vs. EXERCISE OF JURISDICTION Q: Distinguish jurisdiction from exercise of jurisdiction. A: The authority to decide a case, not the decision rendered, is what makes up jurisdiction. It does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decision made. Where there is jurisdiction over of the person and subject matter, the resolution of all other questions arising in the case is but an exercise of jurisdiction. JURISDICTION Slide 14: ERROR OF JURISDICTION vs. ERROR OF JUDGMENT 1.) When a court acquires jurisdiction over the subject matter, the decision or order on all other questions arising in the case is but an exercise of jurisdiction; Errors which the court may commit in the exercise of such jurisdiction are merely ERRORS OF JUDGMENT; whereas, When a court takes cognizance of a case over the subject matter of which it has no jurisdiction, the court commits an ERROR OF JURISDICTION. 2.) ERRORS OF JURISDICTION are reviewable by certiorari; whereas, ERRORS OF JUDGMENT are reviewable by appeal. JURISDICTION Slide 15: Q: In whom is jurisdiction is vested? A: Jurisdiction is vested with the court, not in the judge. A court may have several branches, and each is not a court distinct and separate from the others. So, when a case is filed before a branch, the trial may be had or proceedings may continue before another branch or judge. JURISDICTION Slide 16: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; JURISDICTION Slide 17: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; GENERAL JURISDICTION is the authority of the court to hear and determine all actions and suits, whether civil, criminal, administrative, real, personal or mixed. It is very broad – to hear and try practically all types of cases. JURISDICTION Slide 18: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; ORIGINAL JURISDICTION is the power of the court to take cognizance of a case at its inception or commencement. One can file the case there for the first time. JURISDICTION Slide 19: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; APPELLATE JURISDICTION is the power vested in a superior court to review and revise the judicial action of a lower court. If one court has the power to correct the decision of a lower court, the power of this court is appellate. This is because it commenced somewhere else and it is just reviewing the decision of the said lower court. JURISDICTION Slide 20: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; EXCLUSIVE JURISDICTION is that possessed by a court to the exclusion of all others. JURISDICTION Slide 21: TYPES OF JURISDICTION: Types of jurisdiction: 1.) General Jurisdiction and Special or Limited Jurisdiction; 2.) Original Jurisdiction and Appellate Jurisdiction; and 3.) Exclusive Jurisdiction and Concurrent or Coordinate Jurisdiction; CONCURRENT or COORDINATE JURISDICTION is that possessed by the court together with another or other courts over the same subject matter, the court obtaining jurisdiction first retaining it to the exclusion of the others, but the choice of court is lodged in those persons duly authorized to file the action. JURISDICTION Slide 22: GENERAL RULE: CRIMINAL JURISDICTION OF MUNICIPAL TRIAL COURT MTC has jurisdiction over all offenses, the maximum penalty of which as provided by law does not exceed 6 years (prision correccional). EXCEPTION: In cases where the only penalty provided by law is a fine, the amount whereof shall determine the jurisdiction of the court: • MetroTC, MTC, and MCTC: if fine is not more than 4000 pesos. • RTC: if fine exceeds 4000 pesos, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed 6000 pesos. (SC Court Circular No. 09-94). Accessory penalties and civil liabilities: no longer determinative of jurisdiction. CRIMINAL JURISDICTION Slide 23: No jurisdiction: over those cases which by provision of special law are made triable by the RTC or the Sandiganbayan even if the maximum penalty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Sec. 39 of the Dangerous Drugs Act of 1972 (RA 6425). CRIMINAL JURISDICTION Slide 24: CRIMINAL JURISDICTION OF SANDIGANBAYAN Offenses or felonies, whether simple or complexed with other crimes committed by the public officials and their employees mentioned in Subsection (a) of this section in relation to their office. If the last element, namely, “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the SB. CRIMINAL JURISDICTION Slide 25: Election Offenses Fall outside the jurisdiction of SB even if they are committed by public officers classified as Grade 27 and higher and in relation to their offices. It is the RTC that has jurisdiction as provided for in the Omnibus Election Code. CRIMINAL JURISDICTION Slide 26: Court Martial Cases Offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” CRIMINAL JURISDICTION Slide 27: Jurisdiction of Family Courts Republic Act No. 8369 establishing the Family Court granting them exclusive original jurisdiction over child and family cases, namely: Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age or where one or more of the victim is a minor at the time of the commission of the offense, provided that if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence shall be suspended without need of an application pursuant to the “Child and Youth Welfare Code or P.D. 603). CRIMINAL JURISDICTION Slide 28: Jurisdiction over Complex Crimes Jurisdiction is lodged with the trial court having jurisdiction to impose the maximum and most serious penalty imposable of an offense forming part of the complex crime. CRIMINAL JURISDICTION Slide 29: Court Martial Cases Offenses committed by members of the Armed Forces and other persons subject to military law are cognizable by court martial if such offenses are “service connected” CRIMINAL JURISDICTION Slide 30: Jurisdiction over Crimes Punishable by Destierro Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the Municipal Trial Court, considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto mayor which involves imprisonment CRIMINAL JURISDICTION Slide 31: Principle of Adherence of Jurisdiction Once jurisdiction is vested in the court, it is retained up to the end of litigation (Dela Cruz v. Moya, 160 SCRA 838). CRIMINAL JURISDICTION