Requisites for Valid Exercise of Jurisdiction


1. Jurisdiction over the subject matter;
2. Jurisdiction over the territory where the offense was committed; 
3. Jurisdiction determined by allegations of Complaint or Information; and,
4. Jurisdiction over the person of the accused.


JURISDICTION OVER SUBJECT MATTER


Philippine courts have no common law jurisdiction or power, but only those expressly conferred by the Constitution and statutes and those necessarily implied to make the express grant of jurisdiction effective.

The question of jurisdiction of the court over the case filed before it is to be resolved on the basis of the law or statute providing for or defining its jurisdiction.

The jurisdiction of a court to try a criminal action is determined not by the law in force at the time of the commission of offense but by the law in force at the time of the institution of the action.

Once vested, jurisdiction cannot be withdrawn or defeated by a subsequent valid amendment of the information.


JURISDICTION OVER TERRITORY WHERE OFFENSE WAS COMMITTED

General Rule: A criminal case should be instituted and tried in the place where the offense was committed or any of its essential ingredients took place.

Exceptions: 

  1. Under the 1987 Constitution, the Supreme Court may order a change of venue or place of trial to avoid a miscarriage of justice
  2. When the law provides otherwise – e.g., Presidential Decree No. 1606, Revising Presidential Decree No. 1486 Creating a Special Court to be known as 'Sandiganbayan' and for other purposes, as amended by Presidential Decree No. 1861. 
  3. Continuing crimes committed during a voyage.
  4. Offenses committed under RA 9372 Human Security Act of 2007


JURISDICTION DETERMINED BY ALLEGATIONS OF COMPLAINT OR INFORMATION

The averments in the complaint or information identify the crime charged and determine the court before which it must be tried.

To determine the jurisdiction of the court in a criminal case, the complaint or information must be examined to ascertain if the facts set out therein and the penalty prescribed by law fall within the jurisdiction of the court regardless of the court’s findings after the trial.


JURISDICTION OVER THE PERSON OF ACCUSED

is acquired either by his/her arrest or voluntary appearance in court.

The voluntary appearance of the accused is accomplished either by his
  1. pleading to the merits (such as by filing a motion to quash or other pleadings requiring the exercise of the court's jurisdiction)
  2. appearing for arraignment, entering trial, or
  3. by filing bail
On the matter of bail, since the same is intended to obtain the provisional liberty of the accused, as a rule, the same cannot be posted before custody of the accused has been acquired by the judicial authorities, either by his arrest or voluntary surrender.


Source: Criminal Procedure by Diosdado Peralta, Handbook for Judges



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