CRIMINAL JURISDICTION is the authority to hear and try a particular offense and impose the punishment for it, if conviction results
ELEMENTS OF JURISDICTION:
1. penalty attached
2. nature of the offense charged
3. territorial jurisdiction over place of crime commission
● The jurisdiction of a court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed.
● The additional penalty for habitual delinquency is not considered in determining which court shall have jurisdiction over a criminal case because such delinquency is not a crime.
● The absence of any of these elements may be challenged by an accused at any stage of the proceedings in the court below or on appeal. Failing to comply with anyone of them, the resulting judgment of conviction is null and void.
Source: Criminal Procedure by Diosdado Peralta, Handbook for Judges
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