CRIMINAL PROCEDURE Once a court acquires jurisdiction, that jurisdiction

continues until the court has done all that it can do in the
A. General Matters exercise of that jurisdiction.
1. Jurisdiction over the subject matter vs. Jurisdiction - It cannot be lost by a new law amending the
over the person of the accused rules of jurisdiction nor withdrawn or defeated
Refers to the authority of Authority of the court by a subsequent valid amendment of the
the court to hear and over the person charged information.
determine the criminal XPN: statute expressly provides, or is construed
case of general class to to the effect that it is intended to operate upon
which the proceeding in actions pending before its enactment.
question belongs; offense
is one which the court is 2. Requisites for exercise of criminal jurisdiction
by law authorized to take a) Jurisdiction over the subject
cognizance of matter
Conferred by law Upon arrest or upon his b) Jurisdiction over the person of
voluntary submission to the accused
*law in force at the time the court c) Jurisdiction over the territory –
of the institution of the *seeking affirmative offense must have been
action relief is deemed to be a committed within the court’s
submission, such as filing territorial jurisdiction; such fact
a MTQ, appearing for alleged in the complaint or
arraignment, information as regards the place
participating in a trial or where the offense charged was
by giving bail committed.
XPN: special appearance
to question the J of the When a court has jurisdiction to try offenses not
court over the person, committed within its territorial jurisdiction
such as MTQ warrant of - Where the offense was committed
arrest under the circumstances enumerated
Determined by the in Article 2 of the RPC : in this case, the
allegations of the offense shall be cognizable by the court
complaint or information where the criminal action was first
filed.
Note: in complex crimes, - Where the SC, pursuant to its
jurisdiction to impose the Constitutional powers, orders a change
maximum and most of venue or place of trial to avoid a
serious penalty imposable miscarriage of justice.
on the offense forming - Offense is committed in a train, aircraft
part of the complex or other public or private vehicle in the
Lack thereof can be raised course of its trip: it may be instituted
at any stage of the and tried in the court of any munic.,
proceedings or on appeal city or territory where said train,
aircraft, vehicle passed during its trip,
XPN: after voluntarily or in the place of departure or arrival.
submitting a cause and - Where an offense is committed on
encountering an adverse board a vessel in the course of its
decision on the merits, it voyage: first port of entry, or territory
is too late for the loser to where the vessel passed during its
question the jurisdiction voyage.
of the court. - Where the case is cognizable by SB.
- Offense is WRITTEN DEFAMATION:
Principle of adherence of jurisdiction or continuing o Where alleged libelous article was
jurisdiction printed and first published;
 o If the offended party is a public
officer at the time of commission
of the crime: province or city
where he held office at the time of
the commission of the offense;
o If OP is private individual: province
or city where he actually resided at
the time of the commission of the
offense

3. When injunction may be issued to restrain criminal

prosecution

GR: court will not issue writs of prohibition or

injunction preliminary or final, to enjoin or restrain,
criminal prosecution.

XPNs: COP – ALD – JPFM

a) When injunction is necessary to afford
adequate protection to the constitutional
rights of the accused;
b) When it is necessary for the orderly
administration of justice or to avoid oppression
or multiplicity of actions;
c) When there is a prejudicial question which is
subjudice;
d) When the acts of the officer are without or in
excess of authority;
e) Where the prosecution is under an invalid law,
ordinance or regulation;
f) When double jeopardy is clearly apparent;
g) Where court has no jurisdiction over the
offense;
h) Where it is a case of persecution rather than
prosecution;
i) Where the charges are manifestly false and
motivated by the lust for vengeance;
j) When there is a clearly no prima facie case
against the accused and MTQ on that ground
has been denied.