CRIMINAL PROCEDURE NOTESPage 4 of 120 BY: MA. ANGELA LEONOR C. AGUINALDOATENEO LAW 2D 20103.

Appellate jurisdiction over all cases decided by MTCs in theirrespective territo rial jurisdiction4. In areas where there are no family courts, the cases falling underthe jurisdicti on of family courts shall be adjudicated by the RTC WHAT IS THE MEANING OF THE TERM REGULAR COURTS? It refers to civil courts as opposed to military courts Military courts cannot try and exercise jurisdiction over civiliansfor offenses allegedly committed by them as long as civil courtsare open and functioning WHAT COURT HAS JURISDICTION OVER A COMPLEX CRIME? Trial court having jurisdiction to impose the maximum and moreserious penalty on an offense forming part of the complex crime WHAT IS TERRITORIAL JURISDICTION? Territorial jurisdiction means that a criminal action should be filedin the plac e where the crime was committed, except in thosecases provided for in Article 2 of the Revised Penal Code WHAT ARE THE CASES PROVIDED FOR IN ARTICLE 2? 1. Should commit an offense while on a Philippine ship or airship;2. Should forg e or counterfeit any coin or currency note of thePhilippine Islands or obligatio ns and securities issued by theGovernment of the Philippine Islands;3. Should be liable for acts connected with the introduction into theseislands of the obliga tions and securities mentioned in the precedingnumber;4. While being public offi cers or employees, should commit an offensein the exercise of their functions; o r5. Should commit any of the crimes against national security and thelaw of nati ons, defined in Title One of Boo Two of this Code. HOW IS JURISDICTION OVER THE PERSON OF THE ACCUSEDACQUIRED? 1. Upon the lawful arrest of the accused2. Upon his voluntary appearance or submission to the court WHEN IS THERE A LAWFUL ARREST? 1. When, in his presence, the person to be arrested has committed,is actually commi tting, or is attempting to commit an offense;2. When an offense has just been committed and he has probablecause to believe base d on personal nowledge of facts orcircumstances that the person to be arrested has committed it;3. When the person to be arrested is a prisoner who has escapedfrom a penal establi shment or place where he is serving final judgment or is temporarily confined wh ile his case is pending, orhas escaped while being transferred from one confinem ent toanother4. Hot pursuit WHAT DOES IT MEAN WHEN A PERSON VOLUNTARILY SUBMITSHIMSELF TO THE COURT?

He cannot anymore question the jurisdiction of the court over hisperson WHEN CAN A PERSON QUESTION THE LEGALITY OF HIS ARREST? An accused may question the legality of his arrest before heenters his plea CAN JURISDICTION OVER THE PERSON BE WAIVED? Yes

Unli e jurisdiction over the offense which is conferred by theConstitution or by law, jurisdiction over the person may be waived

For example, any objection to the procedure leading to the arrestmust be opportu nely raised before the accused enters his plea, orit is deemed waived SITUATION: X WAS CHARGED IN COURT WITH AN OFFENSE. XFILED A MOTION TO QUASH ON THE GROUND THAT THE COURTHAS NO JURISDICTION OVER HIS PERSON BECAUSE THE ARRESTW AS ILLEGAL AND BECAUSE THE INFORMATION WAS INCOMPLETE.CAN X INVOKE LACK OF JURIS DICTION OF THE COURT OVER HISPERSON? No. X cannot invo e the lac of jurisdiction of the court One who desires to object to the jurisdiction of the court over hisperson must a ppear in court for that purpose only, and if heraised other questions he waives the objection. SITUATION: X WAS CHARGED WITH ESTAFA IN MAKATI WHILE HEIS IN THE US. HE WAS INFO RMED ABOUT THIS AND HE MOVEDFOR THE QUASHING OF THE INFORMATION AGAINST HIM.IS T HE PRESENCE OF THE ACCUSED NECESSARY IN ORDER FOR THECOURT TO ACT ON A MOTION? It is not necessary for the court to first acquire jurisdiction overthe person o f the accused to act on a motion, such as dismissing acase or other relief.