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https://medium.com/law-simple/the-law-students-introduction-to-philippine-criminal-procedure-4dfa4581caf1 Where do you find the rules? In Criminal Procedure, you will study, well, the rules of criminal procedure. All the rules are in the  Revised Rules of Court  (or  2000 Rules of Criminal Procedure ), and Crim. Pro. begins from Rule 110. Note that these are  rules  promulgated by the Supreme Court (remember the SC’s rule-making power under Sec. 5(5), Art. VIII of the  Constitution ?); they aren’t laws made by Congress. Jurisdiction: From the MTC to the SC Let’s begin with jurisdiction. What is criminal jurisdiction in the Philippines? If you’re asked to define criminal jurisdiction, you can cite Florenz Regalado in his  Remedial Law Compendium : “Criminal jurisdiction is essentially the power of a State to try and punish a person for a violation of its penal laws.” It’s a simple and effective definition. Keep rereading it until it makes sense. Don’t p...

  FIGUEROA vs. PEOPLE OF THE PHILIPPINES   JULY 14, 2008   NACHURA, J.   SUBJECT AREA: Estoppel by laches   NATURE: Petition for review on certiorari   FACTS: Petitioner was charged with the crime of reckless imprudence resulting in homicide . The RTC found him guilty. In his appeal before the CA, the petitioner, for the first time, questioned RTCs jurisdiction on the case.   The CA in affirming the decision of the RTC, ruled that the principle of estoppel by laches has already precluded the petitioner from questioning the jurisdiction of the RTC—the trial went on for 4 years with the petitioner actively participating therein and without him ever raising the jurisdictional infirmity.     The petitioner, for his part, counters that the lack of jurisdiction of a court over the subject matter may be raised at any time even for the first time on appeal.   As undue delay is further absent herein, the principle of...

  G.R. No. L-48754            November 26, 1941 EMILIO V. REYES,  protestant-appellant, vs. APOLONIO R. DIAZ,  protestee-appellee. MORAN,  J.: This case is certified to this Court by the Court of Appeals upon the ground that the jurisdiction of the trial court is in issue. The supposed questions of jurisdiction are,  first , whether or not there is sufficient to show that the protestant has duly filed his certificate of candidacy, and  second , whether the trial court has or has no authority to pass upon the validity of the ballots adjudicated to the protestant which have not been challenged by the protestee in his counter-protest. Article VIII, section 2, No. 3, of the Constitution confers upon the Supreme Court jurisdiction over "all cases in which the jurisdiction of any trial court is in issue." Section 138, No. 3, of the Revised Administrative Code as amended by Commonwealth Acts Nos. 3 and 259, provides th...

“Criminal Jurisdiction" is necessarily the authority to hear and try a particular offense and impose the punishment for it.    People vs. Mariano G.R. No. L-40527, 71 SCRA 600, June 30, 1976 FACTS:  Respondent Mariano was charged with Estafa before the CFI of Bulacan because of misappropriating and converting for his own personal use, power cord and electric cables being the person in authority to receive the same in behalf of mayor Nolasco of SJDM, Bulacan. Respondent Mariano then moved to quash the information for, inter alia, lack of jurisdiction. He claimed that the items were the same items used against mayor Nolasco before the Military commission for Malversation of public property to which mayor Nolasco were found guilty, hence, the court a quo has no jurisdiction. The judge granted the motion. Hence this petition. ISSUE:  Whether the court has jurisdiction over the Estafa case against Mariano. RULING: YES.  The CFI has jurisdiction  “In all criminal...

  The word "jurisdiction," as applied to the faculty of exercising judicial power, is used in several different, though related, senses since it may have reference (1) to the authority of the court to entertain a particular kind of action or to administer a particular kind of relief, or it may refer to the power of the court over the parties, or (2) over the property which is the subject to the litigation. PLATINUM TOURS AND TRAVEL, INCORPORATED,  Petitioner , v. JOSE M. PANLILIO,  Respondent . [G.R. No. 133365. September 16, 2003.]   FACTS: On April 27, 1994, petitioner Platinum Tours and Travel Inc. (Platinum) filed a complaint for a sum of money with damages against Pan Asiatic Travel Corporation (PATC) and its president Nelida G. Galvez. Platinum sought to collect payment for the airline tickets which PATC bought from it. The case was docketed as Civil Case No. 94-1634. On October 24, 1994, the Regional Trial Court of Makati City, Branch 62, rende...

The word "jurisdiction," as applied to the faculty of exercising judicial power, is used in several different, though related, senses since it may have reference (1) to the authority of the court to entertain a particular kind of action or to administer a particular kind of relief, or it may refer to the power of the court over the parties, or (2) over the property which is the subject to the litigation. El Banco Espanol vs. Palanca G.R. No. L-11390;  March 26, 1918   https://arinolegal.blogspot.com/2018/08/casedig-el-banco-espanol-vs-palanca.html   https://www.scribd.com/document/411057224/El-Banco-Espanol-filipino-vs-Vicente-Palanca-g-r-11390       FACTS:   Engracio Palanca was indebted to El Banco and he had his parcel of land as security to his debt which amounted to 218, 294. 10 Php while his property was worth 75, 000 Php more than what he owed. Due to his failure to pay, El Banco executed an instrument to mortgage the...

Where life or liberty is affected by its proceedings, courts must keep strictly within the limits of the law authorizing them to take jurisdiction and to try the case and render judgment thereon. Treñas v. People of the Philippines   GR 195002, January 25, 2012     FACTS               Margarita Alocilja (Margarita), through her employee and niece, Elizabeth Luciaja, wanted to buy a house-and-lot in Iloilo City covered by TCT No. 109266 and availed the services of herein petitioner, Atty. Hector Treas (Hector) regarding the transfer of the title in the Former’s name. Hector informed Elizabeth that for the titling of the property in the name of her aunt Margarita, the following expenses would be incurred:  1)P20,000.00- Attorneys fees;  2) P90,000.00-Capital Gains Tax;  3) P24,000.00- Documentary Stamp, and  4) P10,000.00- Miscellaneous Expenses.         ...