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1. Jurisdiction - Coggle Diagram

- - - - Jurisdiction over the Person of the Accused
        It refers to the authority of the court over the person charged.
        
        How Acquired
        It is acquired upon:
        (a) His arrest or apprehension
        (b) His voluntary appearance or submission to the jurisdiction of the court
        
        Voluntary Submission by seeking Affirmative Relief
        General Rule: One who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court.
        e.g. filing pleadings or motions, appearing for arraignment, presenting evidence
        
        Exception
        Making a special appearance in court to question the jurisdiction of the court over the person of the accused.
        Such appearance is not tantamount to estoppel or voluntary submission.
        e.g. Motion to Quash on that ground
        
        Accused escapes Custody
        If the accused escapes from the custody of law, jurisdiction is not lost.
        Jurisdiction once acquired is not lost but continues until the case is terminated.
        
        Custody vs Jurisdiction
        Being in the custody of the law is not necessarily being under the jurisdiction of the court.
        
        In Custody but not under Jurisdiction
        One can be under the custody of the law but not yet subject to the jurisdiction of the court over his person.
        e.g. Person arrested by virtue of a warrant files a motion before arraignment to quash the warrant
        
        Not in Custody but under Jurisdiction
        One can be subject to the jurisdiction of the court over his person, and yet not be in the custody of the law.
        e.g. Accused escapes custody after trial has commenced
        
        Custody, Defined.
        Being in custody signifies restrain on the person, who is thereby deprived of his own will and liberty.
        In other words, it is custody over the body of the accused.
        It includes, but not limited to, detention.
        
        Custody not Required
        General Rule: Custody of the law is not required for the adjudication of reliefs
        
        Exception
        Applications for bail. They require that the applicant be under the custody of the law before the application may be acted upon.
      - Jurisdiction over the Territory
        The place where the crime was committed determines the venue of the action and is an essential element of jurisdiction.
        
        Venue is Jurisdictional
        In criminal cases, venue is jurisdictional and a court is bereft of jurisdiction to try an offense committed outside its limited territory.
        
        When Acquired
        The offense should have been committed or any one of its essential ingredients should have taken place within the territorial jurisdiction of the court.
        
        Where
        (a) Where the offense was committed
        (b) Where any of its essential ingredients occured
        
        Territorial Jurisdiction
        Territorial Jurisdiction is the territory where the court has jurisdiction to take cognizance or to try the offense allegedly committed by thte accused.
        Thus, it cannot take jurisdiction over a person charged with an offense committed outside of that limited territory.
        
        Outside Jurisdiction = Dismissed
        If the offense was committed somewhere else, the court should dismiss the jurisdiction for want of jurisdiction.
      - Jurisdiction over Subject Matter
        It refers to the authority of the court to hear and determine a particular criminal case.
        In other words, it is jurisdiction over the offense charged.
        
        How Conferred
        Jurisdiction is conferred by law.
        The lack of jurisdiction affects the very authority of the court to take cognizance of and to render judgment on the action.
        
        Parties cannot confer Jurisdiction
        It cannot be conferred by:
        (a) Agreement of the parties
        (b) Court's acquiscence
        (c) Erroneous belief of the court that it had jurisdiction
        (d) Waiver of objections
        (e) Silence of the parties
        
        Conferment cannot be presumed
        When the law confers jurisdiction, that conferment must be clear. It cannot be presumed.
        It must appear from the statute or will not be held to exist.
        In order to ascertain whether a court has jurisdiction or not, the provisions of law shall be inquired into.
        
        How Determined
        General Rule: The allegations in the complaint determine both the nature of the action and the jurisdiction of the court.
        
        Body > Title
        The designation or caption is not controlling.
        The cause of action is what the allegations in the body of the complaint define and describe.
        
        Evidence and Defense cannot determine Jurisdiction
        Jurisdiction is not determined by the evidence presented by the parties at the trial or by the defenses set up by the parties.
        
        Imposable Penalty
        Jurisdiction is determined by the penalty imposable by law on the offense.
        Not by the penalty actually imposed after trial.
        
        Law in effect at the time of Commencement of Action
        Subject matter jurisdiction is determined by the law in effect at the time of the commencement of a criminal action.
        Not at the time of commission of offense nor arraignment of accused.
        
        Continuing Jurisdiction
        General Rule: Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can in the exercise of that jurisdiction.
        It may not be ousted by any subsequent events.
        
        Exceptions
        (a) There is an express provision in that statute
        (b) The statute is clearly intended to apply to actions pending before its enactment.
        
        Objections on Jurisdictional Grounds
        General Rule: An objection on the court's lack of jurisdiction over the subject matter may be raised motu proprio by the court at any stage of the proceedings or on appeal.
        
        Exceptions
        (a) When to secure affirmative relief
        (b) After the losing party has voluntarily submitted a cause
        (c) Estoppel
- - - - Exception
        "Except in cases falling within the exclusive jurisdiction of RTC and Sandiganbayan"
        Thus, MTC does not at all times have jurisdiction over offenses punishable with imprisonment of 6 years or less.
        e.g. Jurisdiction is vested by law in ether RTC or Sandiganbayan
      - Summary Procedure in Criminal Cases
        MTC shall have jurisdiction over cases falling under summary procedure committed within their jurisdiction.
        
        Cases subject to Summary Procedure
        The following are cases subject to summary procedure:
        (a) Violations of traffic laws, rules, and regulations
        (b) Violations of the rental law
        (c) BP 22 cases
        (d) Violations of municipal or city ordinances
        (e) Criminal cases where penalty prescribed is imprisonment of 6 months or less, or a fine of P1,000 or less, or both
        (f) Offenses involving damage to property through criminal negligene where imposable fine is P10,000 or less
        
        Filing of cases under Summary Procedure
        General Rule: It may be either by complaint or information
        Exception: In Metro Manila and other chartered cities, the filing shall by by information
        Exception to the Exception: Offense cannot be prosecuted de officio
  - - - Jurisdiction over Criminal Cases under Specific Laws
        (a) Written Defamation
        (b) Violations of Comprehensive Dangerous Drugs Act of 2002
        (c) Violations of Intellectual Property Rights
        (d) Cases on money laundering (except those committed by publlic officers)
  - - - In relation to their office
        Sandiganbayan has jurisdiction over offenses or felonies committed by public officials in relation to their office
        
        General Rule: The relation has to be such that the offense cannot exist without the office.
        Exception: The information avers the intimate connection between the office and the offense.
      - Salary Grade 27 or higher
        Salary Grade 27 or higher only applies to officials of the Executive branch, Legislative branch, and other national and local officials
        However, all others who are enumerated in PD 1606 are subject to thte jurisdiction of Sandiganbayan regardless of salary grades.
  - - - Exception
        Except those falling under SC's appellate jurisdiction.