- confrontative and trial is publicly held and - It is elementary that rules of criminal
ends with magistrate rendering verdict (Riano) procedure are given retroactive application
insofar as they benefit the accused (Buebos v
Essence: Presumption of innocence People)
Inquisitorial System - “…the Rules of Court frowns upon hair-
- court has active role and it is not limited to splitting technicalities that do not square with
their liberal tendency and with the ends of
the evidence presented before it. The court
may utilize evidence gathered outside the justice.” (Cabunilas v CA)
court and a judge or a group of judges under Purpose: to protect the substantial rights of the
this system actively participates in gathering accused as the justice machinery of the state
facts rather than mere passively receiving will attempt to intrude into the accused’s right
information. The judge steers the course of the to life, liberty, and property
proceedings by directing and supervising the
gathering of evidence. Counsel has less active Jurisdiction
role. (Riano)
- power given by law to court to hear and
- secret inquiry to discover culprit; judge may determine cases (Herrera v Barreto) and to
proceed with own inquiry execute the judgment thereon (Echegaray v
Secretary of Justice) and it is coram judice
- the prosecution of crimes is wholly in the whenever a case is presented which brings the
hands of the prosecuting officer and the court. power into action
The presence of the accused before the
magistrate is not a requirement. The judgment, - authority to inquire into the facts, apply the
however, does not become final until it has law, and pronounce judgment
been ratified and confirmed by the court of
last resort (US v Samio) - derived from the two Latin words “juris” and
“dico” (I speak by the law) which means
Essence: secrecy fundamentally the power or the capacity given
by the law to a court or tribunal to entertain,
Construction of rules hear and determine certain controversies
- “These rules shall be liberally construed in (People v Mariano)
order to promote their objective of securing a - the power to hear and determine matters in
just, speedy, and inexpensive disposition of controversy according to established rules of
every action and proceeding.” (Sec. 6, Rule 1 law and to carry the sentence or judgment of
of the Rules of Court) the court into execution (Morando v Rovira)
- must be viewed as tools to facilitate the - includes not only the power expressly
attainment of justice conferred by law, but all such power as may be
- person charged must have been brought into A. in civil cases – motion to dismiss due to lack
its forum for trial, forcibly by warrant of arrest of jurisdiction over the person of defendant
or voluntarily by voluntary surrender (failure to file is waiver of the defense of lack
(Antiporda v Garchitorena) of jurisdiction)
- the offense must have been committed/ its a. Should commit an offense while on a
essential ingredients took place in the territory Philippine ship or airship;
where the court has jurisdiction to take b. Should forge or counterfeit coin or
cognizance or try the offense currency note of the Philippine Islands
or obligations and securities issued by
- limits of geographical boundaries of a place the Government of the Philippine
within which a court has jurisdiction to act Islands;
judicially c. Should be liable for acts connected
- the criminal action shall be instituted and with the introduction into these
tried in the court of the municipality or Islands of the obligations and securities
province wherein the offense was committed mentioned in the preceding number;
or where any of its essential ingredients took d. While being public officers or
place (Sec. 15, Rule 110) employees, should commit an offense
in the exercise of their functions; or
2. Where the Supreme Court, pursuant to its 6. Where the offense is written defamation
constitutional powers, orders a change of
venue or place of trial to avoid miscarriage of Art 360 RPC – “…may be filed in the province
justice or city where the offended party held office at
the time of commission of the offense if he is a
Sec. 5 (4) Article VIII 1987 Constitution: public officer or in the province or city where
The Supreme Court has the power to order a he actually resided at the time of the
change of venue or place of trial to avoid a commission of the offense in case the offended
miscarriage of justice party is a private individual.”
Pangilinan v CA : Even on appeal, and even if RPC: Article 91 – “The period of prescription
the reviewing parties did not raise the issue of shall commence to run from the day on which
jurisdiction, the reviewing court is not the crime is discovered by the offended party,
precluded from ruling that the lower court the authorities, or their agents, and shall be
had no jurisdiction over the case. interrupted by the filing of the complaint or
information, and shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted, or are
What are the cases falling under the exclusive In the absence of all the Regional Trial Judges
original jurisdiction of MTC in ordinary in a province or city, any Metropolitan Trial
criminal action? Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide the
1. All violations of city or municipal following:
ordinances committed within their respective
territorial jurisdictions; 1. Petition for habeas corpus; and
2. Application for bail in criminal case. (Tan)
2. All offenses punishable with imprisonment
of not more than 6 years irrespective of the III. Rule on Summary Procedure
amount of fine;
PROVISION INVOLVED:
3. In all cases of damage to property through Sec. 1 par B of the 1991 Rules on Summary
criminal negligence, regardless of other Procedure:
penalties and the civil liabilities arising
therefrom; and 1. Violations of traffic laws, rules and
regulations;
4. All offenses (except violations of RA3019,
RA1379, and Articles 210-212 of the RPC) 2. Violations of the rental law;
committed by public officers and employees in
relation to their office, including those 3. Violations of municipal or city ordinances;
employed in GOCCs and by private
individuals charged as co-principals,
This Rule shall not apply to a civil case where What are the instances where the penalty of
the plaintiff’s cause of action is pleaded in the imprisonment imposed by law does not exceed
same complaint with another cause of action 6 years but jurisdiction lies with the RTC/SB?
subject to the ordinary procedure; nor to a 1. Libel case by means of writing or similar
criminal case where the offense charged is means is penalized under Art355 RPC with a
necessarily related to another criminal case penalty of PC min-max period or a fine
subject to the ordinary procedure. ranging from P200 to P6,000 but falls under
the jurisdiction of the RTC under Art 360 of
What are the cases falling under the Rules on the same Code;
Summary Procedure in criminal cases? 2. Other forms of direct bribery penalized
1. Traffic violations under Art 210 of the RPC with penalty of
imprisonment of PC med falls within the
2. Violations of the rental law jurisdiction of the SB pursuant to Sec 4 (a)
PD1606 as amended by RA8249;
3. Violations of city or municipal ordinances 3. Indirect bribery penalized under Art 211
RPC with a penalty of imprisonment of PC
4. All other offenses where the penalty does med and max also falls within the jurisdiction
not exceed 6 months liabilities arising of SB pursuant to Sec 4(a) PD1606 as amended
therefrom, and in offenses involving damage by RA8249, as further amended by RA 10660
to property through criminal negligence (Tan)
where the imposable fine does not exceed
P10,000 SUMMARY PROCEEDING SUMMARY PROCEDURE
Court action in which Immediate process,
5. Violation of BP22/Bouncing Checks Law the formal procedures issuing and taking
normally applicable effect without
6. Damage to property through criminal to matters are intermediate
negligence where fine does not exceed dispensed with applications or delays
P10,000 (Tan)
The original jurisdiction shall fall in the Decisions and final orders of RTCs in the
proper MTC/RTC. (Tan) exercise of their original or appellate
jurisdiction under PD1606, as amended, shall
“in relation to office” be appealable to the Sandiganbayan in the
1. in performance of official functions manner provided by Rule 122 of the Rules of
2. the offense cannot exist without the office Court
3. authority/office is an element of crime
committed
- Petitons for issuance of writs of certiorari, Any provision of law or the Rules of
prohibition, mandamus, habeas corpus, and Court contrary notwithstanding, the
injunction and other ancillary writs in aid of criminal action and the corresponding
its appellate jurisdiction, including quo civil action for recovery of civil
warranto arising in cases falling under EO 1, 2, liability for taxes and penalties shall at
14, 14-A all times be simultaneously instituted
- Petitions for issuance of writ of amparo with, and jointly determined in the
(sec.3 AM no 07-9-12-SC) same proceeding by the CTA, the
- Over petition for habeas data (sec.3 AM No. filing of the criminal action being
08-1-16 SC) deemed to necessarily carry with it the
filing of the civil action and no right to
2. Concurrent with SC, CA and RTC reserve the filing of such civil action
- Petitions for writ of amparo and writ of separately from the criminal action
habeas data when action concerns public data will be recognized
files of government offices (sec.3 AM No. 07-
9-12-SC or The Rule on the Writ of Amparo) II. Exclusive Appellate Jurisdiction
- Petitions for certiorari, prohibition, and
mandamus, relating to an act or omission of a Rule IV of the Revised Rules of the Court of
Municipal Trial Court, corporation, board, Tax Appeals (AM No. 05-11-07 CTA)
officer, or person (Sec. 4 Rule 65 as amended Sec 1 : The Court shall exercise the exclusive
by AM No. 07-7-12-SC) original jurisdiction over OR appellate
jurisdiction to review by appeal the cases
specified in RA 1125 Sec 7, as amended by
RA9282 Sec 7
3. Procedural basis
by way of petition for review on
certiorari under Rule 45
the petition shall only raise a question
of law
JURISDICTION OF GOVERNMENT
AGENCIES, TRIBUNALS, AND ENTITIES
PERFORMING PROSECUTORY AND/OR
INVESTIGATIVE POWERS INVOLVING
VIOLATION OF PENAL STATUTE