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Accused arrested
-method prescribed by law for apprehension and 3. From fiscal’s discussion: if the accused filed
prosecution of persons accused of criminal offense pleadings; accused is already under the custody
-provides punishment in case of conviction of law
CRIMINAL JURISDICTION FINE ONLY: Not exceeding 4000, inferior courts has
-authority of the court to hear and try an offense to jurisdiction
impose punishment -EXEMPTION: reckless imprudence resulting to
damage of property – nagddrive, nabangga ang bahay:
VALID EXERCISE: Jurisdiction over Jurisdiction of MTC – kahit pa 1M ang fine.
1. SUBJECT MATTER
2. TERRITORY IMPRISONMENT and FINE: Fine is IMMATERIAL if the
3. PERSON imposable penalty is below 6 years (prision
*all must concur, otherwise court has no jurisdiction correccional). Accessory penalties are also immaterial.
*final judgment napag-alaman that court has no -EXEMPTION: Libel/written defamation (RTC),
jurisdiction, it is not ground to invoke the right against election offenses (RTC), intellectual property violations
DOUBLE JEOPARDY; accused can still be tried for the (RTC), violations of Dangerous Drugs Act (RTC),
same offense -WHY? Because there is an Express jurisdiction
*Jurisdiction is conferred by law. vested by law
*Perjury: not a continuing offense: ex: perjury done in
Jurisdiction over the person: Ruby’s apartment but was utilize in another place,
1. Voluntary surrender
jurisdiction will be on the MTC of the place where it 1. The following public officials even though
was utlized. BASTA KUNG SAN NA-UTILIZE. they are not classifieed as Grade 27:
i. Provincial and LGU officials
*LIBEL – RTC of the place where it was FIRST ii. Diplomats
PUBLISHED iii. Higher-ranking officers Army and
-Private person PNP
-2 victims of libel: Geoff ay tagaLipa, iv. City prosecutors
Ruby ay tagaMabini, libel naganap sa UB. Unahan v. Officers of GOCCs
magfile ng case. Kung san mauna, yun ang may 2. Members of Congress and officials
jurisdiction to the exclusion of others classified as Grade 2 and higher
-Public Official: libel MUST BE IN RELATION TO 3. Members of judiciary
HIS PUBLIC OFFICE: 3 choices: workplace OR place first 4. Chairmen and members of Constitutional
published OR domicile Commission
* Don’t forget to specify in the INFORMATION the 5. All other officials classified as Grade 27
residence. and higher
Why? Because crimes mentioned above are PRIVATE Sec 8: Designation of the offense
CRIMES. SEC 9: Cause of Accusation
- If there is no designation of the offense,
Pardon vs Consent reference shall be made to the section of the
-Pardon: past adultery/concubinage acts; effected statute punishing it
upon filing of the complaint which results to - Designation is not controlling, what is
discontinuance of the prosecution controlling is the recital of facts
-Consent: future adultery acts; if this is present, the - Must contain the qualifying and aggravating
spouses are stopped from filing case against each circumstances; Also mitigating.
other - Example: “Minority” is not enough; Age
should be alleged.
-Death of offended party in a Criminal case for Libel - People vs Perreras: The qualifying and
does NOT extinguish criminal liability of accused. aggravating circumstances cannot be
appreciated even if proved unless alleged in
-Prosecution is two-fold: the information
1. prove that a crime has been committed
2. accused is responsible therefore -Habitual Delinquency should not be generally averred.
Information must specify commission of crime, last
SEC 6: Included in the complaint / Information: conviction or released, and other previous conviction
-name of the accused or release.
-designation of the offense by statues
-acts or omissions complained of as constituting the Complex Crime: If evidence fails to support the charge
offense as to one of the component offense, defendant can be
-offended party convicted of defense proven.
SEC 10: Place of Commission -Amendment may be done before accused entered a
-Transitory vs. Continuing Crimes plea.
-Once accused entered a plea, amendment can only
SEC 11: Date of Commission of the Offense be done WITH LEAVE OF COURT and when it can be
-not necessary that actual date is alleged UNLESS date done without causing prejudice to rights of accused
is a necessary ingredient -Kinds of Amendment
-Examples: Crime was committed on 1964 but was 1. FORMAL - additional precision, something
alleged as committed on 1965 May be amended. already contained in original information; adds nothing
Basta wag masyado malayo. essential for conviction
-If sobrang malayo, the proper remedy is Motion to 2. SUBSTANTIAL
Quash but it must be filed before arraignment. AMENDMENT vs. SUBSTITUION
-Crimes where time is essential: -Amendment does not need preliminary investigation
1.INFANTICIDE while substation needs a new one
2.Violations of Sunday Statues (Election Laws) -Amendment involves formal and substantial changes
3. ABORTION while substation involves a substantial change from
original charge
SEC 12: Name of offended party -A can be effected without leave of court while in S,
a. Offense against property: if offend party is leave of court is necessary because original
unknown, property must be described information has to be dismissed.
b. If offended party is already known, his name -A refers to same offense while in S, new information
must be inserted in the complaint involves different offense
c. If offended party is a juridical person: stating the
name by which it is known is sufficient *Information cannot be downgraded or cannot exclude
an accused, without leave of court with notice to the
-Name of offended party is indispensable in the crime offended party. It can be made only upon Motion by
of slander, and robbery with homicide the prosecutor.
SEC 13: Duplicity of Offense *Court must state reasons in resolving the reason
-Complaint or Information must charge only ONE (whether it granted or not).
offense
-EXCEPT when law provides a single punishment for *Sec 14 applies only to ORIGINAL CASE not appealed
various offenses (e.g. Complex Crimes and Special case.
Complex Crimes)
SEC 15: Place where action is instituted
DEATH – extinguishes criminal liability but NOT civil -Remedy of the accused that was not given PI:
liability. 1. Refuse to enter a plea
2. Insist on a PI
-If accuse dies after arraignment and during the 3. File certiorari if refused
pendency of a criminal action, BOTH criminal and civil 4. Raised it as an error on appeal
liability shall be distinguished. HOWEVER, independent 5. File a petition for prohibition
civil actions may be filed against the estate of the
accused after proper substation (substitution of heirs). READ MORE. :D
BUT if the accused dies BEFORE arraignment, the case
shall be DISMISSED without prejudice to any civil
action. Rule 113
Sec 1 and 2
-Must be performed with the intent to perform an
arrest
-The person to be arrested must be properly informed
RULE 112 of the arrest. There must be an intent to submit to
Preliminary Investigation such arrest. He must think that submission is
-If there is sufficient cause to hold respondent for trial, necessary.
he will be recommended for trial to the court with -Person making the arrest must be acting under REAL
proper jurisdiction. Otherwise, the Prosecutor shall or PRETENDED legal authority; he is NEVER justified in
recommend the dismissal of the complaint. But such making unnecessary force; must not result to
dismissal is still subject to review by the provincial or dangerous means.
city Prosecutor or chief state Prosecutor or -Peace officer cannot claim exemption from criminal
Ombudsman on the ground that probable cause exists. liability if he uses unnecessary force or violence even
Such review is still subject to the review of DOJ if he is to arrest a notorious criminal, if the criminal is
secretary. not resisting. But if criminal fought back, arresting
officer may apply NECESSARY force.
-40 -60 days kelangan tapos na but it is discretionary.
Sec 3
-the person arrested, during the pendency of the case, -Reasonable suspicion: founded on
must be detained in jail unless he bailed. Within that probable cause, coupled with good faith on the
period, he cannot practice his possession. part of the officers making the arrest.