Please enable JavaScript.

Coggle requires JavaScript to display documents.

Crimpro - Title I - General Principles & Jurisdiction, Injunction:…

- - - - Differs from Substantive Law - Latter creates the rights and duties which are then enforced by the procedures created by remedial law.
        
        Test for Procedural v. Substantive (Fabian v. Desierto) - the test is whether the rule really regulates procedure, that is, the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for a disregard or infraction of them. If the rule takes away a vested right, it is not procedural. If the rule creates a right such as the right to appeal, it may be classified as a substantive matter; but if it operates as a means of implementing an existing right then the rule deals merely with procedure.
      - The branch of law that creates, defines and regulates rights and duties regarding life, liberty or property.
    - - Jurisdiction
        
        Pertains to the power of a court to decide a case on its merits
        
        Substantive in nature - is fixed by law or the Constitution and cannot be waived or stipulated.
        
        Relevant Law - Constitution and BP 129
        
        Basic Principles in Jurisdiction
        
        Equity Jurisdiction - Refers to the power of the courts to take cognizance of a case despite any infirmities in procedural/technical aspects in the interest of substantive justice.
        
        Error in jurisdiction/judgment.
        
        Jurisdiction
        
        Correctable only via certiorari - renders a judgment void or voidable. - covers without or excess of jurisdiction AND grave abuse of discretion amounting to lack of jurisdiction.
        
        Judgment
        
        Correctable by appeal - grounds for reversal of ecision - includes errors of procedure or mistakes in court's findings.
      - Procedural in nature - refers to the particular country or geographical area in which a court with jurisdiction may hear or determine a case; refers to the place of trial.
        
        Requisites for Exercise of Criminal Jurisdiction
        
        Before a court can acquire jurisdiction over a criminal case it must have jurisdiction over: (1) Subject Matter; (2) territory; (3) Person of the Accused
        
        Subject Matter
        
        Authority of a court to hear and determine a particular case i.e. the offense belongs to a class of offenses in which the court is authorized by law to take cognizance of - e.g. Sandiganbayan over government employee cases
        
        Conferment of jurisdiction over the subject matter in law must be explicit otherwise statute remains inoperative.
        
        1 more item...
        
        Territory
        
        Refers to the issue of venue in criminal cases.
        
        General Rule - an offense must be committed within the Court's territorial jurisdiction which is to be proven in the facts alleged in the complaint.
        
        2 more items...
        
        Ratio being to compel the defendant to move to another place would lead to great inconvenience e.g. difficulty in looking for witness and evidence ( Bonifacio et al v. RTC of Makati
        
        Person of the accused
        
        Authority of the court over the person charged - requires that the person charged is brought into its forum for trial, either by voluntary submission or a warrant of arrest.
        
        Jurisdiction of the Court over person of the accused can be acquired either by voluntary submission or other similar forms of active participation in court proceedings (e.g. seeking affirmative relief) this includes seeking or posting bail. This applies even if warrant of arrest was void.
        
        1 more item...
        
        Classes of Jurisdiction
        
        Appellate - CA, SC
        
        Exclusive - SB, CTA
        
        Original - CA, SC, RTC
        
        Concurrence/confluent/coordinate - if different courts can take cognizance of case, whichever one does so first assumes jurisdiction. Subject to doctrine of hierarchy of courts.
        
        Special or Limited - Jurisdiction under law limited to specific cases e.g. CTA and Sandiganbayan
        
        General - All kinds of cases unless otherwise provided - RTC
        
        Classifications of Philippine Courts
        
        Original - under law, actions or proceedings can be commenced
        Appellate - Courts that have power to review decisions of lower courts.
        
        2 more items...
        
        General - Courts competent to decide their own jurisdiction and take cognizance of all cases unless otherwise provided
        Special - Those that cannot decide their own jurisdiction.
        
        1 more item...
        
        Constitutional - Courts created by Constitution; cannot be legislated out of existence. - SC and SB
        Statutory - Those created, organized and with jurisdiction as determined by law.
        
        1 more item...
        
        Law - Courts that settle according to the law
        Equity- courts that can rule according to equity referring to principles of justice, fairness and fair play.
        
        2 more items...
        
        General Rule: Facts alleged in the complaint and the law in force at the time of the commencement of the action determines jurisdiction.
        
        In Criminal Procedure - Venue is part and parcel of Jurisdiction - a court only has jurisdiction if offense or any of its elements committed at venue.
        
        Principle of Continuing Jurisdiction - Jurisdiction, once acquired by a court persists until the court has done all that it can do in the exercise of that jurisdiction i.e. til final determination of the case - no subsequent legislation can affect vested jurisdiction unless such statutes explicitly provide for retroactive effects.
        
        Doctrine of Raising Jurisdiction Motu Proprio - Issue of Jurisdiction or lack thereof can be raised at any stage of the proceedings or on appeal; such jurisdiction can be conferred only by law in the manner and form it prescribes thus the accused cannot grant jurisdiction by consent.
        
        EXCEPTION- Estoppel applies - A Party cannot invoke the jurisdiction of the court to secure relief in cases where they themselves procured that jurisdiction; OR if party invokes jurisdiction late to annul case if they have actively participated. (Tijam v. Sibonghanoy)
        
        1 more item...
        
        Doctrine of non-interference/Doctrine of Judicial Stability - general rule, courts of equal and coordinate jurisdiction cannot interfere with each other's orders. - Exemption if there is a third party claimant involved.
        
        1 more item...
        
        Bail - Filing of Bail does not bar accused from challenging validity of arrest, legality of warrant, assailing regularity of arrest, questioning absence of a preliminary investigation. SO LONG as he raises them before his plea. This is equivalent to a motion to quash i.e. special appearance to contest jurisdiction. (RoC, Rule 114, Sec. 260
        
        1 more item...
  - - - Sec. 2 of Article VIII, 1987 Constitution -The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not
        deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
        No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.
        Sec. 30, Article VI, 1987 Constitution - No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution
        without its advice and concurrence.
        Rule 1.6, ROC -The Rules of Court shall be liberally construed in order to promote their objective of securing a just,
        speedy and inexpensive disposition of every action and proceeding.
      - Retroactivity of Procedural Rules -
        General Rule: Procedural laws can be made retroactive - Why? because usually no vested right may attach to or arise from procedural laws.
        Exception: When they violate vested rights or if they permit or require lesser quantum of evidence than what would originally be required.
    - - Proper reasons for suspension of procedural Rules -
        (1) The existence of special and compelling circumstances;
        (2) The merits of the case;
        (3) A cause not entirely attributable to the fault or negligence of the party favored by the suspension;
        (4) A lack of any showing that the review sought is merely frivolous or dilatory; and
        (5) The rights of the other party will not be unjustly prejudiced thereby. [Sarmiento v. Zaratan]
- - - - ROC Sec.6 Rule 1 - rules on criminal procedures shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
        
        Rules must be viewed as tools to facilitate the attainment of justice, if a strict application would lead to frustration of substantial justice, then rules must be relaxed.
    - - Due Process is mandatory and indispensable - law hears before it condemns -
        
        Requisites of Due Process in Criminal Procedures under Monte v. Savellano, Jr.
        
        (1) Court or tribunal trying the case is properly clothed with Judicial Power to hear and determine the matter before it; (2) Jurisdiction is lawfully acquired by it over the person of the accused; (3) Accused is given an opportunity to be heard; (4) Judgment is rendered only upon lawful hearing