CRIMPRO

Jurisdiction of MTC
- All offenses where offenses are punishable by imprisonment of 6 years and below
- BP 22
- Violation of rental laws
- Violation of traffic rules and regulations
How to determine whether court has jurisdiction over person of the accused?
- By submitting himself to jurisdiction of the court OR
- By arrest/ he is in custody of the law
Ruling in the case of Miranda vs Tuliao
- It is not necessary that the accused be under the custody of the law or under the
jurisdiction of the court. The moment that the accused files a motion asking for

affirmative relief, the accused has voluntarily surrendered his person to the court.
Can an accused file a motion to quash during a preliminary investigation?
- Yes.
If the officer lacked authority to sign information, does this constitute lack of
jurisdiction?
- No, it can be cured. The court can order an amendment to cure such defect.
What is probable cause?
- Well engendered belief that a crime has been committed and that the accused is
probably guilty thereof
After determination by fiscal of probable cause, what happens next?
- File an information with the proper court.
The Municipal Trial Court of San Pedro Laguna conducted a preliminary
investigation over an offense for theft and eventually filed an information in court.
If you are the defense counsel, what will you do?
- The defense counsel must file a motion to quash on the ground of lack of authority of
officer because MTC judges are no longer authorized to conduct preliminary

investigations.
Jurisdiction of RTC
- Offenses punishable with imprisonment more than 6 years
- Election offenses
- Libel
- Anti- Money Laundering
- Violations of Intellectual Property Code
- Violations of Comprehensive Dangerous Drugs Act
Who are officers authorized to conduct preliminary investigation?
- City/State prosecutors
When will a judgment become final?
- When accused failed to perfect an appeal
- When accused applies for probation
- When accused has served sentence partial or total
- When he waives his right to appeal

Can judgment of acquittal be appealed?

- No, because a judgment of appeal is immediately final and executory.
- Reason why it cannot be appealed: Because it will place accused in double jeopardy
What is double jeopardy?
- When a person is charged with an offense and the case is terminated either by
acquittal or conviction of in any other manner without the express consent of the

accused, the latter cannot be charged with the same or identical offense.
When there is a judgment rendered by the MTC and the aggrieved party wants to
appeal, where to appeal and what mode of appeal?
- Notice of appeal to the MTC and appeal shall be filed to the RTC
RTC renders judgment under his original jurisdiction
- Mode of appeal: Ordinary appeal
- Where: Court of Appeals
- Notice of Appeal: to the RTC
RTC renders judgment of life imprisonment, where to appeal?
- Court of Appeals by way of notice of Appeal (People vs Mateo)
- Not automatic review, must be reviewed by CA
If it is already appealed to the RTC and the RTC an appellate decision, what is
mode of appeal?
- Petition for review to the Court of Appeals
What if Sandiganbayan renders judgment, where to appeal?
- Supreme Court, not CA because CA and Sandiganbayan are co-equal courts. They
cannot review each other.
When the prosecution or defense has already perfected its appeal, what does that
mean?
- The moment a notice of appeal has been filed, appeal has already been perfected.
Appeal
- If MTC renders judgment:
o Ordinary appeal by filing notice of appeal to MTC to be forwarded to RTC
- If RTC renders judgment (original jurisdiction):
o Ordinary appeal by notice of appeal to RTC to be forwarded to CA

RULE ON SUMMARY PROCEDURE

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Only MTC has jurisdiction over cases of rule of summary procedure

When is rule on summary procedure applicable?
1. Violation of traffic rules and regulations
2. Imposable penalty does not exceed 6 months or fine not exceeding 1,000,
irrespective of other imposable penalties
3. Violation of municipal or city ordinances
4. Violations of rental law
5. BP 22
After an information has been filed in court, MTC will determine there is need to
proceed with trial.

Court will not issue warrant of arrest. If it is covered by summary procedure, even if

there is probable cause, the court will not issue a warrant of arrest.
What will Court issue? It will issue an order directing the accused to appear for
arraignment or and to submit counteraffidavits and affidavits of his witnesses in the

same manner
If the accused fails to appear during arraignment/trial/so required by court,

then that will be the time that the Court will issue warrant of arrest.
After pre-trial, in criminal actions, trial will now proceed because you have to prove

guilt of accused beyond reasonable doubt unlike in civil actions.

The rule on summary procedure already acknowledges the fact that testifying may

be on judicial affidavits and counsels may be allowed to ask questions.

BP 22 covered by rule on summary procedure.
Prohibited pleadings not allowed in summary procedure:
1. Motion to dismiss or motion to quash complaint or information except on the

ground of lack of jurisdiction over the subject matter

2. Motion for bill of particulars
3. Petition for relief from judgment
4. Dilatory motions for postponements
5. Motions for extension to file pleading
6. Petition for certiorari, prohibition and mandamus
7. Motion for new trial
8. Motion for reconsideration of judgment
9. Motion for reopening of trial
Follow order of trial
After parties shall have presented respective evidence, the court will now render

judgment within 30 days.

What are you supposed to remember when it comes to rule on summary
procedure?
o Cases that fall under rule on summary procedure
o That the court cannot issue an initiatory warrant of arrest; bail not necessary
o Prohibited pleadings
o Period to decide: 30 days

Coverage of Final Exam: From the beginning