Scribd Logo
Upload

Welcome to Scribd!

  • 66 views

    Criminal Procedure Preliminaries

    Uploaded by

    RAIZZ
    The document outlines the general principles of criminal procedure in the Philippines, including definitions of key terms, jurisdiction of various courts, and due process requirements. It discusses the jurisdiction of the municipal trial courts, regional trial courts, Sandiganbayan, Court of Tax Appeals, Court of Appeals, and Supreme Court. Several cases are also cited related to concepts of jurisdiction, due process, and right to travel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Criminal Procedure Preliminaries

    Uploaded by

    RAIZZ
    66 views3 pages
    The document outlines the general principles of criminal procedure in the Philippines, including definitions of key terms, jurisdiction of various courts, and due process requirements. It discusses the jurisdiction of the municipal trial courts, regional trial courts, Sandiganbayan, Court of Tax Appeals, Court of Appeals, and Supreme Court. Several cases are also cited related to concepts of jurisdiction, due process, and right to travel.

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines the general principles of criminal procedure in the Philippines, including definitions of key terms, jurisdiction of various courts, and due process requirements. It discusses the jurisdiction of the municipal trial courts, regional trial courts, Sandiganbayan, Court of Tax Appeals, Court of Appeals, and Supreme Court. Several cases are also cited related to concepts of jurisdiction, due process, and right to travel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views3 pages

    Criminal Procedure Preliminaries

    Uploaded by

    RAIZZ
    The document outlines the general principles of criminal procedure in the Philippines, including definitions of key terms, jurisdiction of various courts, and due process requirements. It discusses the jurisdiction of the municipal trial courts, regional trial courts, Sandiganbayan, Court of Tax Appeals, Court of Appeals, and Supreme Court. Several cases are also cited related to concepts of jurisdiction, due process, and right to travel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Criminal Procedure Preliminaries

    I. General Principles
    a. Definition of Remedial Law
    b. Definition of Criminal Procedure
    c. Difference Between Criminal Procedure and Criminal Law
    d. Adversarial/Accusatory System and Inquisitorial System
    e. Jurisdiction over the Subject Matter and Jurisdiction over the Person of the Accused,
    Territorial Jurisdiction
    i. Requisites
    ii. Territorial Jurisdiction and Extraterritorial jurisdiction
    iii. Jurisdiction of Sandiganbayan, RTC, MTC, CA, SC
    1. BP 129
    2. PD 1606 as amended by RA 8249 and 10660
    3. RA 11576
    iv. Territorial Jurisdiction distinguished from Venue
    f. Define and Distinguish: Exclusive v. Concurrent, Original v. Appellate, and General v.
    Special Jurisdiction
    g. Hierarchy of Courts
    h. Adherence of Jurisdiction
    i. Due Process in Criminal Procedure
    i. Source
    ii. Requirements

    CASES:

    Sandiganbayan Exclusive Appellate, Relaxation of Rules of Procedure


    Cariaga v. People, G.R. No. 180010, July 30, 2010

    Due Process Criminal Procedure


    People v. Dapitan, G.R. No. 90625, May 23, 1991
    Alonte v. Savellano, Jr., G.R. No. 131652, 131728, 9 March 1998
    People v. Sola, G.R. Nos. 56158-64, 17 March 1981

    Change in Venue to Avoid Miscarriage of Justice


    People v. Sola, G.R. Nos. 56158-64, 17 March 1981

    Jurisdiction over Person Voluntary Submission


    Antiporda, Jr. v. Garchitorena, G.R. No. 133289, 23 December 1999

    Estoppel Jurisdiction
    Antiporda, Jr. v. Garchitorena, G.R. No. 133289, 23 December 1999

    Conspiracy with public officer Sandiganbayan jurisdiction where public officer died
    People v. Go, G.R. No. 168539, 25 March 2014
    Voluntary appearance filing motion seeking affirmative relief
    People v. Go, G.R. No. 168539, 25 March 2014
    Cojuangco, Jr. v. Sandiganbayan, G.R. No. 134307, 21 December 1998

    Right to speedy trial


    Cojuangco, Jr. v. Sandiganbayan, G.R. No. 134307, 21 December 1998

    Right to travel
    Cojuangco, Jr. v. Sandiganbayan, G.R. No. 134307, 21 December 1998

    Custody of the law and bail


    Alva v. Court of Appeals, G.R. No. 157331, 12 April 2006

    II. Jurisdiction
    1. The Judiciary Reorganization Act of 1980 insofar as it has not been amended
    2. BP 129
    3. PD 1606 as amended by RA 7976, RA 8249 and RA 10660
    4. RA 3019
    5. RA 1379
    6. RPC Book 2 - Chapter 2, Section 2, Title VII
    7. RA 6713
    8. Executive Order Numbers 1, 2, 14, 14-A of 1986
    9. RA 7080
    10. Human Security Act of 2007
    11. RA 7055
    12. Omnibus Election Code (Election Offenses)
    13. RA 9344, as amended by RA 10630
    14. RA 9160, as amended by RA 10167 and RA 10365, as amended by RA 10630
    15. RA 9165, as amended by RA 10640
    16. RA 10175
    17. RA 8369
    18. RA 8293
    a. Katarungang Pambarangay (Local Government Code, Book III, Title 1, Chapter 7)
    b. Municipal Trial Court/Metropolitan Trial Court
    i. Exclusive Original Jurisdiction
    ii. Special Jurisdiction
    iii. Rule on Summary Procedure
    1. Distinguish Summary Proceeding from Summary Procedure
    2. BP 22
    c. Regional Trial Court
    i. Exclusive Original Jurisdiction
    ii. Concurrent and Original
    iii. Family Court
    iv. Dangerous Drugs Court
    v. Appellate Jurisdiction
    vi. Special Jurisdiction
    CASES:

    Jurisdiction determined by the allegations in the complaint or information


    People v. Ocaya, G.R. No. L-47448, 17 May 1978
    Jurisdiction based on imposable penalty
    Guevarra v. Almodovar, G.R. No. 75256, 26 January 1989
    Court Martial vs. RTC
    Gonzales v. Abaya, G.R. No. 164007, 10 August 2006
    Libel
    People v. Benipayo, G.R. No. 155573, 24 April 2009
    Violation of Intellectual Property Rights
    Samson v. Daway, G.R. Nos. 160054-55, 21 July 2004

    d. Sandiganbayan
    i. Exclusive Original Jurisdiction
    ii. Appellate Jurisdiction
    1. Ancillary writs and processes in aid of appellate jurisdiction
    CASES:

    RA 1379 Jurisdiction of Sandiganbayan


    Garcia v. Sandiganbayan, G.R. No. 165835, 22 June 2005
    Barriga v. Sandiganbayan, G.R. Nos. 161784-86, 26 April 2005
    People v. Montejo, G.R. No. L-14595, 31 May 1960
    Soller v. Sandiganbayan, G.R. Nos. 144261-62, 9 May 2001
    Serana v. Sandiganbayan, G.R. No. 162059, 22 January 2008
    Duncano v. Sandiganbayan, G.R. No. 191894, 15 July 2015
    Consigna v. People, G.R. Nos. 175750-51, 2 April 2014
    Lacson v. Executive Secretary, G.R. No. 128096, 20 January 1999
    Rodriguez v. Sandiganbayan, G.R. No. 141710, 3 March 2004
    Crisostomo v. Sandiganbayan, G.R. No. 152398, 14 April 2005
    Sanchez v. Demetriou, G.R. Nos. 111771-77, 9 November 1993
    Adaza v. Sandiganbayan, G.R. No. 154886, 28 July 2005
    Organo v. Sandiganbayan, G.R. No. 136916, 14 December 1999
    People v. Sandiganbayan, G.R. Nos. 147706-07, 16 February 2005

    e. Court of Tax Appeals


    i. Exclusive Original Jurisdiction
    ii. Exclusive Appellate Jurisdiction
    f. Court of Appeals
    i. Exclusive Original Jurisdiction
    ii. Concurrent and Original Jurisdiction
    iii. Appellate Jurisdiction
    g. Supreme Court
    i. Exclusive Original Jurisdiction
    ii. Concurrent Jurisdiction
    iii. Appellate Jurisdiction

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy