A. Criminal Jurisdiction

Criminal Jurisdiction

It is the power of a State to try and punish a person for a violation of its penal laws. (PP v. Mariano, G.R. No. L-40527, 1976)

JURISDICTION OVER SUBJECT MATTER

The offense, by virtue of the imposable penalty or its nature, is one which the court is by law authorized to resolve.

This jurisdiction is conferred by law, and not simply by rules. The conferment must be clear and it cannot be presumed. On the other hand, criminal jurisdiction over a criminal case is determined by the allegations in the complaint or information (Mobilia Products v. Umezawa, G.R. No. 149357, 2005)

Note: For the Sandiganbayan, both the nature of the offense and the positions occupied by the accused are conditions sine qua non before the Sandiganbayan can validly take cognizance of the case. (Uy v. Sandiganbayan, G.R. No. 105965-70, 1999)

Determination of Criminal Jurisdiction (NPAL)

• Determined by the Nature of the offense and/or Penalty attached thereto and not what may be meted out after trial but by the extent of the penalty which the law imposes for the offense. It is the imposable penalty over the lower penalty that might be adjudged. (People v. Purisima G.R. No. L-40902, 1976)
• Determined by the Allegations in the complaint or information, not by the result of proof or by the trial court’s appreciation of the evidence presented. It is also not determined by the caption or charges in the complaint.
• Determined by the Law in force at the time of the institution of the criminal action (when the action is filed) and not at the time of the commission of the offense. (De la Cruz v. Moya, G.R. No. L-65192, 1988)

CRIMINAL JURISDICTION OF THE MTC AND RTC

Jurisdiction is based on violations committed and penalty imposed.

General Rule

Penal laws are territorial; hence Philippine courts have no jurisdiction over crimes committed outside the Philippines. It cannot be waived or changed by the agreement of the parties or by consent of the defendant.