LEGAL TECHNIQUE

Criminal Procedure

Criminal Procedure, defined

It is concerned with the procedural steps
through which a criminal case passes,
commencing with the initial investigation of a
crime and concluding with the unconditional
release of the offender.
In its generic term, it describes the network of
laws and rules which governs the procedural
administration of criminal justice, that is, laws
and court rules governing arrest, search and
seizure.

Criminal Law vs. Criminal

Procedure
Substantive

Remedial

Defines crimes, treats of their

nature and provides for their
punishment

Provides the method by which a

person accused of a crime is
arrested, tried and punished.

Declares the acts punishable

Provides how the act is punished.

Construction of the Rules

These Rules shall be liberally construed in
order to promote their objective of securing a
just, speedy, and inexpensive disposition of
every action and proceeding. (Sec.6, Rule 1,
RoC)
To serve their purpose, the rules governing
criminal procedure ought, therefore, to be
construed liberally enough to protect the
substantial rights of the accused.
Formal defects and technicalities which do
not affect the substantial rights of the parties
should be cured during the trial.

Jurisdiction vs. Venue

The authority to hear and
determine a cause; The power
to hear and determine
matters in controversy
according to established
rules of law and to carry the
judgment of the court into
execution.

The particular country, or

geographical area, in which a
court with jurisdiction may
hear and determine a case.
THE PLACE OF TRIAL

Treats of the power of the court to Deals with the LOCALITY, the
decide the case on the merits.
place the suit may be had

Substantive

Procedural

When Jurisdiction attaches

Before jurisdiction can be affirmed to exist, it

must be made to appear that the law has
given the tribunal capacity to entertain the
complaint against the person or things sought
to be charged or affected and that such
complaint has actually been preferred, and
that such person or thing has been properly
brought before the tribunal to answer the
charge therein contained.

When these appear, jurisdiction attaches.

Decision of every question thereafter arising is
but an exercise of the jurisdiction conferred.

Requisites of Criminal Jurisdiction

1. The offense is one which the court is by law

authorized to take cognizance of (JURISDICTION
OVER THE SUBJECT MATTER);
2. The offense must have been committed
within its territorial jurisdiction (JURISDICTION
OVER THE TERRITORY WHERE THE OFFENSE WAS
COMMITTED); and
3. The person charged with the offense must
have been brought to its presence for trial, forcibly
by warrant of arrest or upon his voluntary
submission to the court (JURISDICTION OVER THE
PERSON OF THE ACCUSED).

Jurisdiction over the SUBJECT MATTER

the nature of the cause of action and of the

relief sought, and this is conferred by the
sovereign authority which organizes the court
and defines its power.

Conferred by LAW NOT BY THE CONSENT OF

THE PARTIES.

Jurisdiction over the TERRITORY

Venue in criminal cases is jurisdictional.
Fundamental principle that criminal action
shall be instituted and tried in the court of the
municipality or province wherein the offense
was committed or where any of its essential
ingredients took place.

Reason: so as not to inconvenience the

defendant to move to and appear in a court
different from the place where crime was
committed.

Jurisdiction over Continuing Crimes

For this to exist, there must be plurality of acts

performed separately during a period of time;
unity of the penal provision infringed upon or
violated; and the unity of criminal intent or
purpose.
(1 Criminal design; 2 or more criminal acts of the

same penal provision)

Territorial Jurisdiction
in criminal cases is determined by the allegations in the
information, as to the situs of the crime, an this determines, in
the first instance, whether such court has jurisdiction to try the
case.
Exceptions to Territorial Principle:
Except as provided in the treaties and laws of preferential
application, the provision of this code shall be enforced not only
within the Philippines, including its atmosphere and its interiro
waters and maritime zone, but also outside of jurisdiction
against those who:

Should commit an offense while on a Philippine ship or airship;

Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations or securities issued by the

Government of the PH;
Should be liable for acts connected with the introduction into theses
islands of the obligations and securities mentioned above; and
While being public officers or employees, should commit an offense
in the exercise of their functions. (Article 2, RPC)

Jurisdiction over the PERSON OF THE

ACCUSED Acquired upon his apprehension with or
without warrant, or his submission to the
jurisdiction of the court.
There is voluntary submission when
accused/offender posted bail; filed a motion to
quash or when he appeared in the
arraignment. Appearance by counsel is
considered submission in court.
***Unlike jurisdiction over the subject matter,
jurisdiction over the person of the accused
maybe waived. (e.g. If he fails to seasonably
file his objection)

Criminal Jurisdiction is determined by the

fine and imprisonment PRESCRIBED by
law not by what punishment to be meted
out after trial.