Thank you Atty. In this lecture, I've learned that: - Criminal procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. Also it provides for the methology or the process of prosecution up to conviction or acquital of the person accused, In case of conviction the court will provide a penalty or punishment for the crime committed. - This is remedial in nature which means how the act should be punished. - Criminal Jurisdiction this is the power of the court to hear and try a criminal case or offense and impose the punishment for it. *How do we know in which court to file our complaint? - The jurisdiction is determined by the penalty imposable which means the range of penalty provided by law that can be imposed against an offender. - Ex. if the penalty is Reclusion Perpetua, the court may impose a lower penalty for that offense if there are attendant mitigating circumstances provided under the Revised Penal Code. *What will determine the Jurisdiction of the court? Is it the penalty provided by law or penalty actually imposed by court? - The penalty imposable or provided for by law and not the actual penalty, that the jurisdictions of the court in criminal cases is determined by the penalty imposable by law and not the ultimately imposed by the court. Osuna, Charlene May M. 3C2 BS CRIMINOLOGY (LSPU-SPCC)
Thank you po attorney. I am ORENSE, GIO from 3C1. In this lesson, I learned and understand the different meaning pertaining to these subject CRIMINAL PROCEDURE- it is a manner or method by which violation of the law amounting to a crime is prosecuted in court. It’s provides for the process in prosecution , up to conviction or acquittal of the accused and it is remedial in nature. REMEDIAL-it provides how the act is to be punished and it’s provides a method, which a person accused of a crime is arrested tried and punished. CRIMINAL JURISDICTION- it is the power of the court to hear and trial a case/ criminal case or offense then imposed the penalty for it. Elements of Criminal Jurisdiction 1. Penalty Attached 2. Nature of the offense charged. 3. Territorial Jurisdiction
I learned about the topic of this lecture about: First is the Criminal Procedure-define as law for the apprehension and prosecution of person accused of any criminal offense and also the remedial in nature which means how to act should be punished. Criminal Jurisdiction - it is hear and try a particular offense and impose on the punishment. Criminal Action - It is prosecutes a person for an act or ommision punishable by law. The private crimes is example of the concubinage and adultery the difference between this two is adultery commited by a wife and should be charged together with the other man, while concubinage is commited by a husband and should be charged together with the other woman. Thank u Attorney it will serve as my notes. Ticzon, Kent Steven B. 3C3 BS CRIMINOLOGY
Good Day Sir! In this video lecture, I've learned that in the Jurisdiction over the subject matter the authority of the court to try and hear Offenses is derived from the law. It is also the law which will grant jurisdiction over the Court. On the other hand, jurisdiction over the the person of the accused, it is acquired by arrest .The arrested person is placed under the custody of the law, then the police wil have to report to the court the fact of arrest of the accused. And so, the court acquires jurisdiction over the person. Only the law can vest jurisdiction over the subject matter to a court while the jurisdiction over the person of the accused is acquired by two modes which are arrest and voluntary surrender. Thank you Sir! ISLETA,KAYE ANN C. 3C2 BS-CRIMINOLOGY
thank you po Atty I listed below are the things I learned from the video lecture. -Criminal procedure is the manner by which the violation of the law amounting of the crime prosecuted in court - Criminal Jurisdiction is the power of the of the court to hear or try a case. - Territoriality venue is jurisdictional the complaint can only be filed where the commission of the crime was committed. - if the accuse arrested, the police will report to the honorable court the facts of the arrest. - Two modes by which jurisdiction over the person of the accuse acquired: 1.Arrest 2. Voluntary Surrender - the accuse can very well post bail by posting bail the accuse will appear in court and voluntarily surrender himself to judge or court and if the accuse have appeal it is needed be timely interpose because if not the appeal will be deemed waive. - criminal action is an act of the government or state in prosecuting a person for the commission of an offense. - criminal action can be file of complaint affidavit to prosecutor or office of city prosecutor. - how do you know that a complaint can be directly filed in the first level of court or if it is file before the office of city prosecutor or office of provincial prosecutor? * look if it’s needed a preliminary investigation. - Private offender party. * cannot be file without the participation of the private offended party even the police cannot file a case in the half of the offended party. - pardon must be given before filing of a complaint because if pardon is given after the filing of the complaint it will not prohibit the continuation of the prosecution of a offense.
CRIMINAL PROCEDURE PART 1 After watching this video, I can fully understand now that criminal procedure take a big part in serving justice for the offended party. From the very start until the judgment of the accused, the whole process is worth taking time. Now I know why some cases took a long period to resolve. I get to know also about the power of the court to hear and try a case and impose punishment on the accused if found guilty as well as its elements. Thanks for sharing your knowledge with us, Atty.! SABONG, ROVILYN M. BS. CRIMINOLOGY 3C4
Thank you Sir! In these lectures I've learned that: In criminal procedure, it is a manner or a method by which the violation of the law amounting to a crime prosecuted in court. It also provides the process of prosecution IP to the conviction of acquittal of a person who is accused. However, in case that the person will be convicted the court will imposed penalty OR punishment. When we say criminal procedure, it means how the act is to be punished and it provides a method of how a person arrested, tried, and punished. In criminal jurisdiction, it is the authority of the court to hear and try a clear offense and imposed a punishment for it. The jurisdiction is determine by the penalty on what is in the law and not actually by the penalty stated by the court. In criminal action, it is the act of the state or the government that prosecute a person for the crime that he or she has been committed. In instituting a criminal action, it should be file(the complaint affidavit) in prosecutor OR in the office of provincial prosecution or in the office of city prosecutor. If there's no city prosecutor then it will be on the provincial prosecutor. Filling complaint must be on the proper officer for the preliminary investigation it is required. However not all complaint should be filed on prosecutor and gone through preliminary investigation, some cases does not need it and directly filed on court. Here are some privates crimes: adultery/concubinage, seduction, etc. These private crimes cannot be filed by the police or other people except by the offender party himself, or if the offended party is a minor, it can be filed by the parents or guardian. It is because only the private offended party has the only right to filed the complaint. Thank you sir. GARING, DOLORES E. BS CRIMINOLOGY (3C4)
ATIENZA, ALLYSA JOY V 3C1 Thankyou very much Atty. In this video lecture, I understand the terminologies needed in this criminal procedure subject. It discuss the following terminologies: CRIMINAL PROCEDURE- this refer to the method that prescribes by the law for apprehension and prosecution of the person accused for criminal offenses. CRIMININAL JURISDICTION- refers to the authority to hear and try a particular offense and impose the punishment for it. In terms of this Criminal jurisdiction there are 3 elements that we need to consider to file the case in a proper court, because absence of one can be challenged at any stage of the proceeding in court CRIMINAL ACTION- refers one by which the State prosecutes a person for an act or omission punishable by law. PRIVATE CRIMES- refers to a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, seduction, concubinage, and any act of lasciviousness
Bumagat, Chelsea D. from 3C2. Goood Day, Sir. I learned a lot from your video about Criminal Procedure wherein it is a manner or method by which the violation of the law amounts to a crime prosecuted in court. It provides the methodology or the process of prosecution up to the conviction or acquittal of the accused. I also learn about Criminal Jurisdiction that refers to the authority to hear and try in a particular offense and impose the punishment for it. The 3 elements and definition of criminal jurisdiction is also discussed in the video.
Thank you sir, done watching. The following served as my jotdown notes: CRIMINAL PROCEDURE- basically the manner or method by which the violation of the law amount into a crime is prosecuted in court. It provides for the methodology or for the the process of the prosecution up to conviction or acquittal of the accused. In this case, the court will have to imposed penalty or punishment. The rules on criminal procedure provide methodology of a person accused of a crime is arrested, tried or punished. CRIMINAL JURISDICTION- the power of the court to hear and try a case or offense and imposed punishment. ELEMENTS OF CRIMINAL JURISDICTION: 1. PENALTY ATTACHED- How do you know in which court to filed your complaint? *it is determined by penalty imposable. PENALTY IMPOSABLE- the range of penalty provided by the law that can be imposed to offender. PENALTY- pertains to imposable by law and not actual penalty that is ultimately imposable by the court. What will determined the jurisdiction of the court? is it the penalty provided by the law or the penalty actually imposed by court? *The penalty imposable or provided by law not the actual penalty. 2. NATURE OF THE OFFENSE CHARGED- "There is no crime unless there is a law punishing it" - that an act no matter how morally wrong do not amount to a crime unless there is a law define such act as a crime. -considered by penal law to be a crime of offense before it will fall under criminal jurisdiction of the court. 3. TERRITORIAL JURISDICTION OVER THE PLACE OF COMMISSION OF THE CRIME- -in criminal cases venue is jurisdictional -criminal case charged, complaint or information only can filed in the place where the crime was committed or any essential ingredients of the crime it was committed. When can the accused raise an issued absence of a elements of criminal jurisdiction? *According to the law, it can be raise by the accused at the stage of the proceedings in the court on a trial or appeal. JURISDICTION OVER THE SUBJECT MATTER: - Authority of the court derived from law, it is based on law - looked from the provision of law - but incase the law specify the jurisdiction on the matter of the offense imposable. If 6 years and 1 day of imprisonment then go filed the complaint in RTC, if 6 years or less then go filed the complaint before the first level court, because the authority of the court to hear and try is derived from the law which will grant jurisdiction authority over the court. JURISDICTION OVER THE PERSON OF THE ACCUSED: -Person of the accused acquired by the court by the concent or waiver of objection. -authority of the court over the person of the accused is acquired arrest -if the person is arrested he is place in the custody of the law, the police officer will have to report to honorable court the facts of the arrest of the accused. -when the person is arrested the court will acquired jurisdiction over the person. -it is timely interpose 2 MODES BY WHICH JURISDICTION BY THE PERSON OF THE ACCUSED IS ACQUIRED: 1. In case of arrest 2. In case of voluntary surrender REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION: -Jurisdiction over the person of the accused it will not acquired in case no arrest or voluntary surrender. -only valid arrest will best the court over the jurisdiction of the accused. -Jurisdiction over the territory can file the criminal complaint in any jurisdiction as long as it is essential ingredients tooked in that place. General rule: If the accused have some objections over the jurisdiction of the court on the subject matter he can raised on the lower court during trial or even appeal. Exception: if the party raising the questions is guilty of estoppel or laches. - actively participated during the trial but the only time to object is during appeal. - estoppel- you cannot questionned the jurisdiction of the court after invoked it by seeking affirmative of the court. TEST TO DETERMINE JURISDICTION OF THE COURT IN CRIMINAL CASES -geographical limits of the territory in trial courts only but court of appeal or supreme court is for entire country. PROSECUTION OF OFFENSE RULE 110 -where criminal procedure starts CRIMINAL ACTIONS- is the act of the government or state in prosecuting a person for the commission of an offense or a crime. -it is the crime was committed then the state will institute a complaint in court a criminal complaint it is called criminal actions. Institute- how do you go file or criminal actions INSTITUTE OF CRIMINAL ACTIONS: 1. file a complaint affidavit to the fiscal to the office of provincial prosecutor or office of city prosecutor. How do you know if you will file it in OPP or OCP? *if ever no OCP then filed in OPP because not all places have OCP -after then instituted criminal actions that means filed criminal complaint. 2. For all other offenses, some are directly filed to court or lower court, no prosecutor or fiscal. How do you know that complaint directly filed in first level court or if you need to be filed in OPP or OCP? *Determine if it is needed preliminary investigation. Note: RTC always have preliminary investigation. EFFECTS OF INSTITUTION OF A CRIMINAL ACTIONS: General rule: it interrupts the running of the period of prescription of the offense charged (SECTION 1, RULE 110) prescription- only filed within a certain period called prescribed. Exception: -violation of ordinances it is criminal actions. -SPL filling the complaint or Information on court to interrupt -RPC filed in the court it will interrupt PRESCRIPTIVE PERIODS OF CASES FALLING UNDER THE AUTHORITY OF THE LUPON -katarungan pambarangay -if complaint submit to the barangay it will suspend or interrupt on the prescriptive period but not exceed 60 days. ENDORSEMENT- certificate to file actions OFFENSE OR CRIME THAT CANNOT BE PROSECUTED DE OFFICIO - also known private crimes - according to penal legal system, there are certain offenses which can only be filed by the private offended party or the private complainant. - in private crimes only the private complainant or offended party can file them or institute. OFFENSES UNDER PENAL LEGAL SYSTEM THAT ARE CONSIDERED PRIVATE CRIMES AND ONLY PRIVATE OFFENDED PARTY CAN FILE THEM OR INSTITUTE: ADULTERY- offense crime committed by the wife, incase the wife have sexual intercourse in a man other than his husband. CONCUBINAGE- crime committed by husband, incase he have mistress, conjugal dwelling and sexual intercourse in scandalous circumstances. Note: it can't be filed by daughter or son, but only the husband or wife. Pardon- forgiveness of sins to your spouse (applicable before filling the complaint) Consent- can't engage on what ever acts. Parens patriae- state acts as a parents of citizen. Desistance- withdrawal of the case MANTO, KYLA M. 3C2 BS CRIMINOLOGY
Thankyou sir for the lecture The lesson I've learned for this video recorded lecture it will assist me in gaining information and understanding of what Criminal Procedure, Criminal Jurisdiction, and Criminal Action are all about. In Criminal Procedure, I discovered that it is a part of procedural law that contains procedures for punishing those who break criminal law's norms. Criminal Procedures governs the prosecutorial apparatus, prosecution structure, pre-trial procedure, bail, detention police power, and sentencing, among other things.
In this video lecture, I learned that the criminal procedure is the method prescribe by law and it is the manner or method by which a violation of a law amounting of a crime prosecuted in court. I learned a lot about the elements of criminal jurisdiction. I also understand the differences between jurisdiction over the subject matter and jurisdiction over the person of the accused and its requisites. With regards to rule 110 prosecution of an offense,in criminal action it is the act of the government or state in prosecuting a person in the commission of an offense of a crime. If a crime has been committed, the the state will institute a complaint in court. I understand how to institute a criminal action and i learned as well the differences between pardon and consent, the parties who can give a pardon. In the last part of this video lecture. I learned a lot and understand the subsequent marriage of the accused and the offended party. And i understand the effects of desistance of the offended party in private crime, and lastly the effect of death of the offended party to the criminal action. Thankyou po sir.3c2 BSCrim
Done watching Sir. In this lecture I learned that: Criminal procedure - Provides methodology or process of prosecution upto conviction of the accused, it is remedial it provides a how act is to be punished and it provides a method by which a person accused of a crime is arrested tried and punished. Criminal Jurisdiction - authority of the court hear particular offense and impose the punishment for it. Jurisdiction over the subject matter - pertains to the authority of the court which is derived from law, it can never be acquired solely by the consent of the accused. Jurisdiction over the person of the accused - by consent or by waiver of objection, the court acquires jurisdiction over the person, 2 modes arrest and voluntarily surrender.
Thank you po atty. I learned on this discussion that the criminal procedure is the manner or method where is the violation of the law amounting to a crime is procecuted in court now. As well in the case of conviction the court will have to impose a penalty or punishment. -Aslo the criminal procedure is remedial in nature since it provides on how the act to be punished. - Criminal Jurisdiction is in the authority of ther court to hear and try the case or offense - Penalty imposable that is the range of penalty that provide by law that can imposed to the offender - Territorial Jurisdiction in criminal cases venue is jurisdictional and also in the absense of any elements, In failling to comply with the anyone of them the result will become not valid or void. - Further is the two modes by which the jurisdictional under the person of the accused first is in case of arrest and second is voluntary surrender.
Done watching, Sir. In this lecture I've learned that the Criminal Procedure follows a systematic order of apprehension and prosecution of the person accused in which was provided by the law. Also, the Criminal Jurisdiction is the power of court to hear and try a case as well as the power to impose a penalty. The elements of Criminal Jurisdiction includes: (a) penalty attached, in which will be based on the penalty imposable that was provided by the law; (b) nature of the offense charged; and (c) territorial jurisdiction over the place of commission of the crime. However, the absence of these elements may be challenged by an accused at any stage of court proceedings. The jurisdiction over the subject matter and person accused has differences in which the jurisdiction over the subject matter was provided by law. On the other hand, the jurisdiction over the person accused can be acquired in two ways (1) voluntary surrender of the accused and (2) arrest. I also learned the Prosecution of Offenses (Rule 110), the general rules as well as the exceptions provided therein, who may file the case or complaint and who can validly give a pardon or consent in a specific crime or offense.
Pureza, Fernand Joshua R. 3C2 Thank you for this knowledge sir, I've learned on this video is 1. As of mention earlier Criminal Procedure is also provide methodology of litigation to provide conviction or acquittal. Criminal procedure refers to the methods used to investigate and prosecute a crime. In addition, criminal procedure protects the rights of the defendant. It also refers to the methods used to investigate and prosecute a crime. In addition, criminal procedure protects the rights of the defendant. 2. Criminal Jurisdiction it the power of the court to hear and try the criminal case or offense. Thank you sir for this knowledgeable information that you shared to us. It will be a big help for us to the future Thank you
Sir, thank you very much. I learned in this video lecture that, CRIMINAL JURISDICTION, The authority of a court to hear and try a specific offense as well as impose punishment for it. The court has the ability to hear and try the case, as well as to impose a sentence, in a criminal case. Jurisdiction over the subject refers to the court's legal authority, which cannot be achieved only with the consent of the accused. By permission or waiver of objections, the court may gain jurisdiction over the accused's person. Obtaining jurisdiction over the accused's person can be done in two ways. The first is if you are arrested, and the second is if you surrender voluntarily. The right to raise an objection that the court lacks jurisdiction over the subject matter is never waived, and an objection that the court lacks jurisdiction over the subject matter can be raised at any stage throughout the proceedings. Despite the fact that the law requires it, you might challenge the court's jurisdiction over the subject matter. SAMSAMAN, PAULINE MAE O. 3C3 BS CRIMINOLOGY
Thank you sir! I learned on this lecture that Criminal procedure provides methodology from which the accused has been prosecuted up to conviction or acquital from the court hearing. Another thing that I learned is that an accused is entitled to object over the subject matter at any stages of the proceeding, it must be noted that an accused is not barred to object because the subject matter is derived from law. On the other hand, a courts' jurisdiction over the person of accused must be acquired a consent in order for the latter to waived the objection, if the accused fails to make a timely interposition, then the court presumes that the objection was waived. I also learned that a complaint of a person cannot be directly filed on the RTC and gain jurisdiction on it without preliminary investigation. Another thing that I learned is that Private crimes such as adultery, concubinage, seduction and acts of lasciviousness. One thing that I learned on filling a case of adultery is that the spouse and the husband must have relation in order for the case to be filed to but if they have been recently divorced then the complainant cannot file such case due to its lack of status. Lastly, I learned that complaint is a sworn written statement in which an offense is being charge on a person which is subscribed by the offended party, any peace officer or public officer which are bound to enforce the law violated. And Information is an order in writing charging a person with an offense which is then subscribed by the prosecutor and filed it with the court. Noell Brian G. Isleta 3C3 - BS CRIM
Done watching, sir. TUBOG, MARIEL ANNE O. 3C2 This video lecture provided me another knowledge particularly the definition of criminal procedure wherein it states that it is a manner or method of apprehension from the very beginning of arrest upto the final judgment whether it could be acquittal or conviction. I also learned that we can determine whether the case is to file in lower court or higher court based on the penalty imposable by the law and not merely on the penalty itself. This video enlightened me about the territorial jurisdiction as well as the criminal action to be made for a specific crime committed. Thank you, sir!
Villanueva, Zyber D. - BS.Criminology 3c3 The things that I had learned after watching this video are: Criminal Procedure is a law that apprehend and prosecutes a person accused for any criminal act and also the manner on how the act should be punished Criminal Jurisdiction that pertains to the power of the cpurt to hear a particular case covered by its jurisdiction. Criminal Action is an act or omission of one by which stat prosecutes a person Thankyou Attorney.
BASCO MARK AARON D. 3C3 Thank you Sir, this lecture will serve as my notes and it helps me a lot to understand the meaning of Criminal Procedure. What is the definition of criminal procedure? - It is a legal process for prosecuting someone who has been suspected of committing a crime. -The legal process for apprehending, prosecuting, and punishing those suspected of criminal offenses if they are proven guilty. -It's remedial because it describes how a crime will be punished and how a person accused of committing a crime would be arrested, tried, and punished. What is the definition of criminal jurisdiction? - It is the authority to hear and try a case as well as impose a penalty.
VELASQUEZ, FATIMA MAE C. 3-C1 Thank you Sir for this video lecture. It helps me, as well as my classmates to understand the meaning and purpose of "criminal procedure". I have learned that criminal procedure is a method that prescribed by the law for the apprehension and prosecution of person/s accused of any criminal offense. I have also learned that "pardon" must be extended to both offenders. Example: a husband was charged of concubinage and his wife forgave him but not his other woman. That wouldn't absolve him from liability because the wife did not forgave the other woman who he cheated with. While in "consent" forgiving the spouse is sufficient even if it only granted to the offending spouse and not to the other woman.
Thankyou Sir 3C2 BSCRIM In this topic our professor precisely discuss little by little what are the meaning of those wprd which are relevant and related to our subject like what is the criminal action, criminal procedure and others. I've clearly learned those topics because it had been well discussed😊
CARLOS, JAYSON P. 3C2 THANK YOU ATTY ! In this lesson I've learned a lot in criminal procedure provide methodology from which the accused has been prosecuted up to up to conviction or acquittal in the court hearing and also i learned a lot from the element of criminal jurisdiction start with the penalty attached up to territorial jurisdiction and the effect of institution of criminal action likewise I learned a lot about the private crimes.
VILLASORDA, ISRAEL JIRE R. 3C4 Thankyou Atty. for this lecture, here are some of the lessons that I've learned and some terms that was highlight: Criminal procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. Also, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused. In case of conviction the court will have to impose penalty or punishment - This is remedial in nature Criminal Jurisdiction- this is the power of the court to hear and try a criminal case or offense and impose the punishment for it Element of Criminal Jurisdiction Penalty attached- the jurisdiction of a Court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed Nature of the offense charged (the nature of offense must be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court) Territorial jurisdiction over the place of commission of the crime (Venue of jurisdictional- in a criminal case the complaint or information can only be filed in the place where the crime was committed or in any of the places where any of the essential ingredients of the crime have been committed) How do you know where to file the case? It is determined by the penalty imposable Penalty imposable- This is the range of penalty provided by law that can be imposed against an offender. Ex. if the penalty is Reclusion Perpetua, the court may impose a lower penalty for that offense if there are attendant mitigating circumstances provided under the Revised Penal Code. *What will determine the Jurisdiction of the court? Is it the penalty provided by law or penalty actually imposed by court? - The penalty imposable or provided for by law and not the actual penalty, that the jurisdictions of the court in criminal cases is determined by the penalty imposable by law and not the ultimately imposed by the court. The absence of any elements of criminal jurisdiction can be raised by the accused at any stage of the proceeding in the court below or an appeal Jurisdiction over the Person of the Accused- This is acquired by arrest. If a person is arrested, he is placed in the custody of the law “Only the law can vest jurisdiction over a subject matter to a court” Jurisdiction over the subject matter can be raised even on appeal, while jurisdiction over the person of the accused must be timely interposed, otherwise it is deemed waived Only a valid arrest will vest the court jurisdiction over the person of the accused. It means that of the arrest is unlawful or illegal then the court will not acquire jurisdiction over the person of the accused Estoppel- you cannot question the jurisdiction of the court after you have invoked it by seeking affirmatively. Criminal Action- Act of government or state in prosecuting a person for the commission of an offense or crime How do you institute criminal action? File a complaint affidavit in prosecutor either provincial prosecutor or the office of the city prosecutor. If there are no city prosecutor, then you will file in provincial prosecutor How do you know that a complaint can be directly filed in the first level court or if its need to filed before the office of the city prosecutor or provincial prosecutor? Look if preliminary investigation is needed, if needed you will file it at the OCP or OPP. If the offense does not require preliminary investigation, go straight to the court. Prescription- you can only file a complaint within a certain period Only the private offended party can institute or can file the criminal case. Adultery (crime committed by the wife in case a wife will have sexual intercourse other than his husband) and concubinage (crime committed by the husband, have maintained a mistress in the conjugal dwelling, engaged in a sexual intercourse under scandalous circumstances)- Adultery can be only filed by the husband, in concubinage only the wife can file the case. A sexual act is considered by jurisprudence as an act of pardon from the offended spouse. A consent will also extinguish a criminal offense Desistance- the accused is withdrawing from the case, the accused is not interested anymore in the prosecution Private prosecutor is allowed by the court as long as there is conformity or approval by the public prosecutor Can the prosecutor withdraw the indictment? The prosecutor has the right to withdraw information before arraignment even without notice and hearing
CACERES, ALEXIS C. 3C1 Thank you po sir, for this topic and all the knowledge that I gained from this discussion. I've learned a lot about EFFECTS OF DEATH OF THE OFFENDED PARTY TO THE CRIMINAL ACTION- If prior to the filing of a case in court, a complaint was already filed by the offended party with the prosecutor, the death of the complainant will not be sufficient justification for the dismissal of the information. During the pendency of the case, the death of the complainant will not extinguish the criminal liability of the accused whether total or partial. Also on the PARTIES WHO MAY FILE A COMPLAINT FOR SEDUCTION, ABDUCTION, OR ACTS OF LASCIVIOUSNESS- The offended party, Parents of the offended party, Grandparents of the offended party, Guardian of the offended party. Lastly it will serve as my notes on this subject and it will help me a lot on my studies
PERIA, GAPCIE ROSE O. 3C4 Thank you sir! In this lesson, I've learned that in criminal procedure - Criminal Procedure is a manner or method by which violation of the law amounting to a crime is prosecuted in court. It’s provides for the process in prosecution , up to conviction or acquittal of the accused and it is remedial in nature. - Remedial it provides how the act is to be punished and it’s provides a method, which a person accused of a crime is arrested tried and punished. - Criminal Jurisdiction is the power of the court to hear and trial a case/ criminal case or offense then imposed the penalty for it. Elements of Criminal Jurisdiction 1. Penalty Attached- the jurisdiction of a court in criminal cases is determined by penalty imposable, when it say penalty it was imposed by the law and not by the actual penalty imposed by the court or in other words the jurisdiction of a court in criminal case was determined in penalty imposable by the law and not the ultimately imposed by the court. - Penalty imposable this is the range of penalty provided by law that can be impose against an offenders. 2. Nature of the offense charged. 3. Territorial Jurisdiction -That in criminal cases venue is jurisdictional, it is where the commission of the crime happened. - In criminal case the complaint or the information, the criminal charge can only be filed in the place where the crime was committed. Jurisdiction over the Subject Matter vs. Jurisdiction over the Person of the Arrested • In Jurisdiction over the Subject Matter the authority of the court which derived from law. - If the penalty imposable is more than 6 years meaning 6 years and 1 day imprisonment then you go filed a complaint in the regional trial court. If the offense will have an imprisonment of 6 years or less then you go file the criminal complaint before the first level court or the municipal trial court or metropolitan trial court. • Jurisdiction over the Person of the Accused the authority of the court over the person of the accused is acquired by arrest. - two modes, first in case of arrest & second in case of voluntary surrender. Prosecution of Offenses Rule 110 - Criminal Action is the act of the government or the state in prosecuting a person for the commission of an offense. Offense or Crime that cannot be Prosecuted De Officio - These are crimes of Offenses which cannot be prosecuted except on complaint filed by the offended party of it the offended party is a minor, by the parents, grandparents or the guardian, also known as private crimes. Exceptions: (Private Crimes) 1. Adultery and Concubinage 2. Seduction, abduction and acts of lasciviousness 3. Criminal actions for defamation imputing the above mentioned offense
Forteo, Leah M. 3C1 Good day Sir. In this video I've learned that: • CRIMINAL PROCEDURE is a manner or method by which the violation of the law amounting to a crime is prosecuted in court, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused. • CRIMINAL JURISDICTION is the power or authority of the court to hear and try a criminal case or offense and give the final judgement. -- ELEMENTS OF CRIMINAL JURISDICTION: 1. Penalty attached 2. Nature of the offense charged 3. Territorial jurisdiction over the place of commission of the crime. -- TWO (2) MODES BY WHICH JURISDICTION OVER THE PERSON OF THE ACCUSED ACQUIRED: 1. In case of arrest 2. In case of voluntary surrender
Thank you atty. I learn that in the law on criminal procedure it has the purpose of establishing the rules that shall be respected and strictly implemented in order to determine by law the existence of a crimnal offence, and also the different between the criminal jurisdiction over the accused and criminal jurisdiction over the subject matter. Additionally, in the criminal case must be memorize between in the Adultery, Concubinage, Abduction, Seduction etc. In criminal offense. (Mea, Katherine Joy / 3C2)
3C2 SUAYAN, NIKKI B. Done watching Thank you, Sir! In this topic I’ve learned about: First) The criminal procedure which is a manner or a method, a process of conviction of the accused it provides the methodology of how the trial is conducted. It is also discussed about the imposing of penalty by the court. Second.) A criminal Jurisdiction where the court has the power to hear and try a criminal case or give punishment. The elements of criminal jurisdiction such as; penalty imposed by law, not by the penalty imposed by the court, nature of the offense where it must be considered by penal law to be a crime or offense before it falls under the jurisdiction of the court, and the territorial jurisdiction where the venue is the jurisdiction. Third is A criminal action is an act of the government or the state for prosecuting a person for the commission of an offense or crime. A criminal complaint is equaled to criminal action. Fourth is about Criminal complaints can directly file if there’s no need for preliminary investigation and if there’s a need for preliminary investigation will be subjected to go through the process. RTC required preliminary investigation. Lastly, is about the Private crimes such as; adultery & concubinages (only offended spouse may file a complaint), seduction, abduction, and act of lasciviousness (offended party, parents, grandparents, or guardian may file a complaint), and criminal actions (offended party, parents/guardians, ascendants or collated may file complaints).
DE CASTRO, WENDEL R. 3C1. Thank you sir In this video lecture I've learned regarding to the criminal procedure wherein it is the method or process of prosecution to conviction or aquital of the accused. Criminal Jurisdiction is the power of the court to hear the criminal case or offense.
Thank you sir . Done watching. In this video lecture I've learned a lot of knowledge especially in criminal procedure or how to prosecute a criminal. Criminal procedure provides the procedure on how to convict a criminals. From the time that the person accused in a crime, along with the trial in a court, the punishment to be imposed or either the person accused is being acquitted. The criminal jurisdiction, which is the power or the authority of the court to tried a cases and criminal jurisdiction elements. It also tackled in the lecture the jurisdiction over the subject matter which states that this jurisdiction of court is derived from the law while the jurisdiction over the person of the accused states that jurisdiction of the court may be acquired by consent of accused. Also how to institute a criminal action it must be filed with the office of the prosecutor or if the case didn't need preliminary investigation you must go directly in the court, the MTC or the MCTC. It also discuss there the effects of institution of a criminal action. Also it also tackled there about the private crimes, which filed only by private offended party or the private complainant. Only the private offended party can filed the criminal complaint. Those private crime provides by our penal legal systems are adultery and concubinage, seduction, abduction, acts of lasciviousness, and criminal actions for defamations imputing the aboved mentioned offenses. The parameters on who will filed those private cases. Also in addition the prescription of crime in instituting criminal actions. Pardon and consent have been also tackled in the video recorded lecture. Pardon means or refers to a past act on the other hand, consent refers to a future acts. I also remembered that it was stated there that pardon shall be given before the filling of a complaint, otherwise if the pardon give after filling the complaint it doesn't prohibit the continuance of ten prosecution of the offense. Additional, the control of prosecution and the prosecution of criminal actions. Rivera, Mary Rose H. 3C4
Good afternoon Carl Lester L. Capuno of BS Criminology 3C4. In this video I learned all of these. What is Criminal Procedure? - it is a method prescribed by the law for prosecuting a person who is accused of any criminal activity. What is Criminal Jurisdiction? - it is the authority to hear and try a case and impose a punishment for it. -3 elements: a. penalty attached - it is determined by the penalty imposable, and not by the penalty ultimately imposed; b. Nature of the offense charged- must be considered by a penal law a punishing it. also, there's no crime unless there's a law punishing it; c. Territorial Jurisdiction- the venue is the jurisdictional and a criminal case can only be filed on a place where it is committed. What is Criminal Action? - it is an act or omission of one by which the state prosecutes a person. - I've learned that filing of criminal activity has a prescription that shall only be interrupted when it was filed into the court but filing a complaint with the prosecutor or proper officer will not be interrupted the prescription period. What are the Private Crimes? -There are 3 private crimes a. Adultery and Concubinage - in adultery only the wife can file it while concubinage, only the husband can file it. b. Seduction, Abduction, and Acts of lasciviousness; c. criminal actions for defamation imputing the abovementioned offenses
Done watching, sir. AVERION, DIANNE D. 3C4. In this video recorded lecture, I've learned the Criminal Procedure is the manner or method by which violation of a law amounting to a crime is prosecuted in court. It also provides methodology, process of prosecution upto conviction or acquital of accused. Also, Criminal Procedure is remedial in nature, remedial means how the fact be punished. I've also understand the Criminal Jurisdiction were this is the power of the court to hear or try a offensed and imposed a penalty and punished for it. The elements of Criminal Jurisdiction 1. Penalty. It pertains penalty imposed by law not penalty imposed by court. 2.Nature of the offensed charged were must be considered by a penal law before considering as a crime 3.Territorial Jurisdiction the place of commission. It can be filed in a place where the crime committed. Thankyou po sir!
3C4 BS CRIMINOLOGY AREVALO, NIKKA BABES B. Thank you, Sir! In this topic I’ve learned about: 1.) The criminal procedure which is a manner or a method, a process of conviction of the accused it provides the methodology of how the trial is conducted. It is also discussed about the imposing of penalty by the court. 2.) A criminal Jurisdiction where the court has the power to hear and try a criminal case or give punishment. The elements of criminal jurisdiction such as; penalty imposed by law, not by the penalty imposed by the court, nature of the offense where it must be considered by penal law to be a crime or offense before it falls under the jurisdiction of the court, and the territorial jurisdiction where the venue is the jurisdiction. 3.) A criminal action is an act of the government or the state for prosecuting a person for the commission of an offense or crime. A criminal complaint is equaled to criminal action. 4.) Criminal complaints can directly file if there’s no need for preliminary investigation and if there’s a need for preliminary investigation will be subjected to go through the process. RTC required preliminary investigation. 5.) Private crimes such as; adultery & concubinages (only offended spouse may file a complaint), seduction, abduction, and act of lasciviousness (offended party, parents, grandparents, or guardian may file a complaint), and criminal actions (offended party, parents/guardians, ascendants or collated may file complaints).
Bosinos, Benson R. 3C3 Thankyou sir for this video recorded lecture, it will serve as my guidance to gain knowledge and understand what Criminal Procedure, Criminal Jurisdiction, Criminal Action and the like talks about. In Criminal Procedure I learned that it is a branch of procedural law containing rules concerning on how to punish people who violates the norms of criminal law. Criminal Procedures regulates the prosecutorial machinery, the structure of prosecution , pre trial procedure, bail, detention police power, sentencing and the like. In Criminal Jurisdiction it is either public law or constitutional law that describe the power of court hear or tried a case brought by the state accusing the defendnt for the commission of crime. In Criminal Action it idetify that it is a trial in which the innocence or guilt of the accused is determine. if the defendant found guilty for the commission of a crime he will be suffer for the punishment suitable to the crime charged against the defendant. If the defendant found not guilty the case will be dismissed and the defendant acquitted for the commission of a crime. Private crime dealt upon the compalint filed by the aggrieved party to prosecute a person commit an offense.
Good day sir Im jaymar c. Deos angeles From 3c2. Watchin this video i learned that only court has the power can give poweror jurisdiction over the subject matter and no private groups can change that jurisdiction over the matter.
Thank you sir LAT, RONNEL Z. 3C3 BS - CRIM Upon watching the uploaded lecture, I've learned that criminal procedure provides a manner or method by which the violation of the law constituting a crime was prosecuted in court. As mentioned earlier, criminal procedure also provides methodology of prosecution up to the conviction or acquittal. Criminal Jurisdiction as I have learned in the video was the power of the court to hear and tried criminal offense and impose and punishment. Aside from what is mentioned above, I have also gained knowledge regarding the elements of criminal jurisdiction. We have here penalty attached, nature of offense charged and territorial jurisdiction over the place of commission of the crime. In the Penalty attached, the penalty impossable or provided by law will determine the jurisdiction of the court and not the actual penalty. Law may provide penalty but it is of to its highest degree while the court may impose a penalty lower compared to the law if mitigating circumstances are present. In the nature of offense, no matter how morally wrong an act was, if there's no law punishing it, the act will not constitute to a crime. While in territorial jurisdiction over rhe place of commission of the crime. " in criminal cases, venue is jurisdiction. There are also instances that in case the court would not have rhe elements of jurisdiction, the accused challenged it. The issue may be raised according to the law at any stage of the proceedings in the court below. Comparing the Jurisdiction over the subject matter and Jurisdiction over the Person accused. Jurisdiction over the subject matter id therefore derived from the law. Only the law vest the jurisdiction while in the jurisdiction over the person accused, it can be acquired by means of two modes which is the arrest( lawful arrest) and voluntary surrender or appearance. As a general rule " Question of jurisdiction may be raised at any stage of the proceedings". Exceptions " The party raising the questions is guilty of estoppel or laches". means barred in taking inconsistent position.
RAFUSON, NIÑO C. 3C3 In this video lecture I learned that the criminal jurisdiction is the power of the court to hear and try a criminal case and also the elements of it. And if there are circumstances which mitigates the penalty the court can imposed a lower penalty.
Thank you sir! In this lecture it helps me to gain more knowledge about the meaning of the Criminal Procedure and also to the elements of jurisdiction it may serve as my guide to help me to understand it. And I learn that criminal jurisdiction it talks about the authority of the court to hear and try a particular offense or impose the punishment for it. And it contains three elements first was the Penalty attached, Nature of the offense charged, Lastly the Territorial jurisdiction over the place of commision of the crime. And I also learned the difference between Pardon and Consent Pardon in Pardon it pertains to the past acts while the Consent Pardon it pertains on the future acts. De Leon, Mark Kevin N. 3C4
Thankyou sir to this lecture, I've learned a lot in terms of Criminal Procedure, how they process and being use in court. Through this knowledge that you've given , I better understand the elements of Criminal Jurisdiction and how it's apply when the person was being arrested. This lecture gives me more knowledged to understand this subject. Thankyou sir. Aguila, Mutya B. 3C2
LEONIDAS, JOANA MARIE M. (3C1) This video helps me to understand that criminal procedure is the step by step process of a judgement. Criminal jurisdiction pertains to the power of the court to hear a particular cases that has an elements of jurisdiction that the penalty is attached so that the criminal jurisdiction is the power of the court. And in criminal action you can institute it to the prosecutor.
ENDONILLA, AVEGEL U. 3C2 BS Crim Done watching it Sir. Well this video lecture can help me to understand and enhance my knowledge about criminal procedure. Thank you sir for this lecture. It will served as my notes for this discussion. Well this video lectures tackled about criminal procedure, criminal jurisdiction, criminal action and private crimes. In which in this lesson, it tells about how to use or when is the jurisdiction be implemented in a court. The explanation between the difference of jurisdiction over subject matter and jurisdiction over person of the accused. Also tells what is criminal action and how it use to institute a criminal action or when filled a criminal action for the victims. How they filed a pardon and consent. And lastly, is about private crimes and effects of it by the offended party.
Rivera, Kayceline B. (3C3) In this lecture, I was able to learned that criminal procedure is a process or a method that the law follows upon the arrest, prosecution, in trial and in conviction of a person who has been accused for violating a crime. In terms of Criminal jurisdiction, it expanded my knowledge especially the elements of Criminal jurisdiction.
Good day sir !! In this video lecture , I will learned what is Criminal procedure that defined a method prescribed by law for the apprehensions and prosecution of a person accused of any criminal offense and for their punishment. And also the Criminal Jurisdiction that have a authority to hear and try a particular offense and impose the punishment for it. And also the jurisdiction over the subject matter and jurisdiction over the person of the accused. They defined also the Criminal Action . I will also learned about the Control of Prosecution. Thank you !! MARANAN, JAY MARK L. 3C3
SORIANO REUEL ROSH A. BS CRIMINOLOGY 3C1 Thank you sir for this lesson, I learned so many things in this lesson. like criminal procedure, criminal jurisdiction, criminal action, and private crimes. Especially private crimes, I didn't know that adultery and concubinage must be filed only with the offended spouse.
Good afternoon Atty. I've already done watching your uploaded video lecture and I'd learned a lot about the Jurisdiction, the power and controls of prosecutors, the Private crimes which include Adultery and concubinage, Seduction, abduction and acts of lasciviousness, and also the Criminal action for defamation imputing the abovementioned offenses and the person who are liable in filing a complaint or information to the said private crimes. I also learned that Pardon is refers to the past acts and the Consent is about the future acts. The RA 7610 or Child abused those person may filed a complaints for RA 7610. I also remembered the different jurisdiction of court prescription from 1st level court to Supreme court. In additional, I also give point and attention on the prescriptive period of cases falling under the authority of the Lupon which is unaware for me about its prescription and I pointing out the importance of prosecutors in a Criminal action, which they conduct preliminary Investigation, and if the complaint no need to undergone in a preliminary Investigation it may be direct to the court like the MTC, Metc and MCTC. Cabangon Marvin V. 3C1
YONGCO, HAZEL O. 3C4 Thank you attorney. After watching the video lecture, I have acquired knowledge on criminal procedure, criminal jurisdiction, criminal action, and the private crimes mentioned therein. Criminal Procedure is a method prescribed by law for the application of persons accused of any criminal offense and for their punishment, in case of conviction. In this manner, this provides on how the act is to be punished in which the violation of the law is amounting to a crime to be prosecuted in court. Upon providing a method in which a person accused of crime is arrested, tried or punished, there is the need in determining where the criminal jurisdiction should be. Criminal Jurisdiction is defined as the authority to hear and try a particular offense and impose a punishment for it. There are three element of criminal jurisdiction: First is the penalty attached wherein the jurisdiction of the court in criminal cases is determined by penalty imposable and not by the penalty ultimately imposed; second is the nature of the offense charged that must be considered by a penal law to be a crime before it falls under the criminal jurisdiction of the court; and third is the territorial jurisdiction over the place of the commission of the crime that considers venue as jurisdictional which means that the complaint or charge can only be filed in the place where it was committed or in other places where any of the essential ingredients of the crime have been committed. Aside from that, there are two modes in which jurisdiction over the person of the accused is acquired. First is in case of arrest and second is in case of voluntary surrender. There's also the prosecution of offenses on rule 101 defining criminal action as one by which the state prosecuted a person for an act or omission punishable by law. The institution of criminal action as a general rule, interrupts the running of the period of the offense charge. It means that upon instituting the criminal action the period of time from which you should be filing the complaint will be interrupted. Other than that, there are crimes which cannot be prosecuted, identified as private crimes. Private crimes include adultery and concubinage, seduction, abduction and acts of lasciviousness and criminal actions for defamation imputing the above-mentioned offenses. In the case of subsequent marriage between the party and accused, even after filing the complaint, it will extinguish the criminal liability of the accused together with the co-principals, accomplice and accessories. Therefore, upon knowing all the necessary things needed in filing complaint together with its jurisdiction, it is important to know that the public prosecutor shall prosecute, direct and control all criminal actions commenced by a complaint or information.
In this video I've learned a lot especially to the topic criminal procedure and it's elements also procedure or method of investigation in person who is arrested untill his/her judgement.
BIANZON, EDMON M. 3C2 In this video lecture I've learned regarding to the criminal procedure wherein it is the method or process of prosecution to conviction or aquital of the accused. I also learned about criminal jurisdiction and it's elements wherein criminal jurisdiction are those courts have the power to hear and try a criminal case or offense and it's element are penalty attached, nature of offense and territorial jurisdiction over the place of commission of the crime. The criminal action is the act of government or the state in prosecuting a person for the commission of an offense of a crime. Sir thank you sir
Thank you sir. Timbas Rio Vanessa M. from LSPU SPCC 3C2 i learned that criminal procedure is a remedial nature on how the act to be punished. criminal jurisdiction is the power of the court to here thw case or try a case of an offense and to impose a punishment. there 3 elements of criminal jurisdiction the first is penalty attached that the court hall determined the penalty to be imposed, second os nature of the offense and lastly is the territorial jurisdiction explains when the incident of the crime started you may file the case in the place it start. In prosecution of offenses Rule 110 the criminal act is the act of the government or state in prosecuting of a person in an act or omission that punishable by the law. Section 1 of Rule 110 was about institution of criminal actions on how you may file a complaints. Section 4 of Rule 110 about the prescription period of cases falling under the authority of the lupon. Section 5 of Rule 110 about the private crime it include the Adultery and concubinage, Seduction abduction and acts of lasciviousness and criminal actions for defamation impuying fhe above mentioned offenses. sorry for late response.
DE OCAMPO, SARA ANGELUZ T. 3C2 The lesson that I've learned is Criminal Procedure basically this is the manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the process of prosecution up to conviction and in case of conviction the court will have to impose punishment. Also, criminal jurisdiction is the power of the court to hear and try a case not a criminal case and impose the punishing punishment for it. Elements of Criminal Jurisdiction: 1. Penalty Attached - the jurisdiction of a court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed. (Guevarra v. Almodovar, G.R. No. 75256, January 26, 1989). 2. Nature of the offense charged. 3. Territorial jurisdiction over the place of commission of the crime. (which means that a criminal complaint can only be filed in the place where the crime was committed) *The absence of any of these elements may be challenged by an accused at nay stage of the proceedings in the court below or on appeal. Failing to comply with anyone of them, the resulting judgement is void (Uy v. Court of Appeals, G.R. No. 119000, July 28, 1997)
ARNALDO, JOVEN O. 3C4 The lecture was emphasized and elaborated unlike in our previous law subjects wherein some parts of the discussion or the lecture was discussed but doesn't elaborated. I've learned that criminal procedure is a manner or method by which the violation of law is prosecuted in court and provides the methodology of prosecution. Criminal jurisdiction which court has the jurisdiction to hear and tried the case or offenses. Elements of Criminal Jurisdiction: 1. Penalty attached which the jurisdiction of a court to hear and tries. 2. Criminal case is determined by the:Penalty Imposable which the range of penalty is provided by law ; and Not by the Penalty Ultimately Imposed which is not actually imposed by court. (e.g. penalty of reclusion perpetual) 3. Nature of the offense charged 4. Territorial Jurisdiction is a venue or place where the crime happened. Theses elements of criminal jurisdiction can be challenges by the accused at any stage and at any time from lower court to the appeal. In jurisdiction over the subject matter, when questioning if the court has the authority or power to tried the case then look for the provision of the law as it states where to properly filed a case. Furthermore, in jurisdiction over the person of the accused can be acquired by the law by consent or waiver of objection. It has two modes, first in case of arrest and second in case of voluntarily surrender. Prosecution of Offenders Rule 110 Criminal Action is the act of the government or state to prosecute a person for an act of omission. Offense or Crimes that cannot be Prosecuted De Officio - these are the crimes or offenses which cannot be prosecuted except on complaint filed by the offended party and if it is a minor, by the parents, grandparents or guardian. Private Crimes 1. Adultery crime committed by wife, the husband has the sole authority to file the case, while in Concubinage crime committed by husband the wife has the authority to file the case. 2. Seduction, abduction and acts of lasciviousness, it can be filed by parents, grandparents and guardian, also the victim can file it unless if she is incompetent or incapable. 3. Criminal actions for defamation Pardon refers to past acts and Consent refers to future acts, or yet to happen.
Done watching sir. What is Criminal Procedure? - it is a method prescribed by the law for prosecuting a person who is accused of any criminal activity. What is Criminal Jurisdiction? - it is the authority to hear and try a case and impose a punishment for it. -3 elements: a. penalty attached - it is determined by the penalty imposable, and not by the penalty ultimately imposed; b. Nature of the offense charged- must be considered by a penal law a punishing it. also, there's no crime unless there's a law punishing it; c. Territorial Jurisdiction- the venue is the jurisdictional and a criminal case can only be filed on a place where it is committed. What is Criminal Action? - it is an act or omission of one by which the state prosecutes a person. - I've learned that filing of criminal activity has a prescription that shall only be interrupted when it was filed into the court but filing a complaint with the prosecutor or proper officer will not be interrupted the prescription period. What are the Private Crimes? -There are 3 private crimes a. Adultery and Concubinage - in adultery only the wife can file it while concubinage, only the husband can file it. b. Seduction, Abduction, and Acts of lasciviousness; c. criminal actions for defamation imputing the abovementioned offenses.
CABALFIN, JOHN EDWIN C. 3C3 I learned the definition of the criminal procedure and how the process of criminal procedure was properly conducted. Also the I also learned that the criminal jurisdiction was the power of the court to imply by the court in the case. In the element of criminal jurisdiction I learned how case was filed determine by the penalty impossable by the law. Another was where to do you filed a case depending where the crime was has been committed. In the topic of the Jurisdiction over the subject mater vs. Jurisdiction over the person of the accudes" I learned that the jurisdiction of the court was based on the law and depended on the accused when he/she arrested and voluntary surrender. In the rule of 110, I learned how the process to filed of a criminal actions or criminal complaint. In the crime of the cannot be prosecuted de officio, I learned that private crime was must filed by the offended party. I learned who can filed a case in seduction, abduction, and act of lasciviouness.
3c2 done watching sir . I have learned that the criminal behavior is the process to follow upon to arrest, and I understand the elements of criminal jurisdiction and how it's apply when the who was arrested.
Good day po sir In this video lecture, I gain more knowledge epsecially on How do we know in which court to file our complaint? The jurisfiction is determined by the penalty imposoble which means the range of the penalty provided by the law. Criminal Jurisdiction is the powerof the court to hear the cases and impose a punishment for it. Criminal procedure is a method by which the violating of the law amounting to a crime is prosecuted in court. PANGANIBAN,JESSELE IRA V. BS CRIMINOLOGY 3C2
LATAG, EROL JAY D. 3C2-BS CRIMINOLOGY Thank you sir. For this lesson, I learned the meaning of: Criminal Procedure-The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. Criminal Jurisdiction ·It is the authority to hear and try a particular offense and impose the punishment for it. *The Elements of Criminal Jurisdiction 1.Penalty attached-The jurisdiction of a Court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed. 2.Nature of the offense charged. 3. Territorial jurisdiction over the place of commission of the crime. I learned also the difference between the jurisdiction over the subject matter from jurisdiction over the person of the accused. These are also known as private crimes. Offense or crime that cannot be Prosecuted De Officio General Rule: “All criminal actions initiated by complaint or information are filed by the prosecutor” Exceptions: Private crimes which may only be prosecuted by a complaint filed by the private offended party; 1.Adultery and concubinage; Offense or crime that cannot be Prosecuted De Officio Exceptions: 2. Seduction, abduction and acts of lasciviousness 3. Criminal actions for defamation imputing the abovementioned offenses
Menard L Mendoza 3c2. Criminal Jurisdiction is the power of a court to hear and decide cases. In criminal law, it includes the power to impose punishment. Absent jurisdiction, convictions and court-ordered sentences are void.
DANILA, RODELYN C. 3C3 In criminal procedure, it is a manner or a method by which the violation of the law amounting to a crime prosecuted in court. It also provides the process of prosecution IP to the conviction of acquittal of a person who is accused. However, in case that the person will be convicted the court will imposed penalty OR punishment. When we say criminal procedure, it means how the act is to be punished and it provides a method of how a person arrested, tried, and punished. In instituting a criminal action, it should be file(the complaint affidavit) in prosecutor OR in the office of provincial prosecution or in the office of city prosecutor. If there's no city prosecutor then it will be on the provincial prosecutor. Filling complaint must be on the proper officer for the preliminary investigation it is required. However not all complaint should be filed on prosecutor and gone through preliminary investigation, some cases does not need it and directly filed on court. THANK YOU SIR!
GAPAZ, ANDREA G. 3C4 Good Afternoon sir, I've already done watching your uploaded video lecture which is the Criminal Procedure 1 and I'd learned a lot about CRIMINAL PROCEDURE- Its remedial provides how the act is to be published, and it provides a method by which a person accused or a crime is arrested, tried or punish. CRIMINAL JURISDICTION - It is the power to hear and try a particular offenses and impose the punishment for it. Elements of Criminal Jurisdiction such as (1). Penalty attached- The jurisdiction of a court in criminal case us determined by penalty imposable and not by the penalty ultimately imposed. (2). Nature of the offense charged. (3). Territorial jurisdiction over the place of commission of the crime. Difference between Jurisdiction Over The Subject Matter it is derived from the law it can never be acquired solely by consent of the accused. The objection that the court has no jurisdiction over the subject matter nay be made at any stage of proceeding and the right to make such objective is never waived.. And determined upon the allegations made in the complaint, irrespective of whether the plaintiff is entitled or not to recovered upon the claim asserted therein a matter resolved only after and as a results of the trial. While Jurisdiction over the person of the accused may be acquired by consent of the accused or by waiver of objection. If he fails to make his objection on time he will be deemed to have waived it. And it acquired voluntary appearance or surrender of the accused or by his arrest. Requires For Exercise of Criminal Jurisdiction: (1). Jurisdiction over the subject matter to which the proceeding in question belongs.-The power to hear and determined cases of general class offense, by virtue of the imposable penalty or its nature is one which the court is by law authorized to take cognizance of. (2). Jurisdiction over the territory- The offence must have been committed or any of its essential ingredients took place within jurisdiction of the court. It cannot be waived and where the place of the commission was not specially charged the place may be shown by evidence. (3). Jurisdiction over the person pf the accused-The person charged with the offense must have been brought to its presence for trial forcibly by warrant of arrest or upon his voluntary submission to the court. General Rule: "Question of jurisdiction may be raised at any stage of the proceeding" Exception: "The party raising the question is guilty of estoppels or lashed (Tijam v. Sibonghanoy, G.R. NO. L-21450, April 15, 1968)". Test to Determine Jurisdiction of the Court in Criminal Cases. (1). The geographical limits of its territory. (2). Determination by the allegations in the complaint or information not by the results of proof or by trial court appreciation of the evidence presented. (3). Determined by the nature of the offense and/or penalty attached there to and not what may be meted our after trial. (4). Determined by the law in force at the time of the institution of the criminal action and not the time of its commission. Once vested is CANNOT be withdraw. When Injunction may be issued to restrain Criminal Prosecution General Rule: "Injunction cannot lie restrain the commencement of a criminal action because public interest requires of society (Austilla v. PNB, G.R. No. L-51354, January 15, 1986)". Exeption: 1. To afford adequate protection to the constitution rights of the accused. PROSECUTION OF OFFENSE RULE 11. Criminal Action-One by which the State prosecutes a person for an act or omission punishable by law. Institution of Criminal Actions are instituted by: (1). Filing the complaint with the proper for the purpose of conducting the requisite preliminary investigation for offenses where a preliminary investigation is required. (2). For all other offenses by filing the complaint or information directly with the MTC and MCTC. or the complaint with the office of the prosecutor (Sec 1. Rule 110). For Metro Manila. And other chartered cities the complaint shall be filed with the prosecutor regardless of the imposable penalty (Sec 1 (b), Rule 110) while cases failing within the jurisdiction of the RTC are always commenced by information filed by prosecutor. Effects of institution of a Criminal Action. ° Direct filing of a complaint or information with the RTC or MeTCor other chartered cities. °There is no direct filing of an information or complaint with the RTC because its jurisdiction covers offences which require preliminary investigation. ° There is likewise no direct filing with the MeTC because in Manila including other chartered cities. As a rule the complaint shall be filed with the office of the prosecutor, unless otherwise provided by the charters. In case of conflict between a city charter and a provision. General Rule: "It interrupts the running of the period of prescription of the offense chrged (Sec 1, Rile 110) Note: Notably the abovementioned article (Art. 91 RPC), in declaring that the prescriptive period "shall be interrupted by the filing of the complaint or information does not distinguised whether the complaint is filed doe preliminary examination or investigation only ,or for an action on the merits.
Done watching Sir. Criminal Procedure this is the manner or method by which the violation of law amounting to a crime is prosecuted by court, and also remedial in nature wherein how the act to be punished. Criminal Jurisdiction this the power of the court to heae and try a criminal case impose punishment for it. Elements of Criminal Jurisdiction 1. Penalty Attached the jurisdiction of a court in criminal cases. 2. Nature of the offense charged the nature of offense must be cosidered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court. 3. Territorial Jurisdiction can only be filed in place where the crime was committed Jurisdiction over the Subject Matter it is based on law, it cannot be acquired by solley by consent of the accused. Penalty impossable is more than 6 years, meaning 6 years and 1 day of imprisonment in Regional Trial Court. When the imprisonment is 6 years or less you can file criminal complaint before the first level court or the Municipal Trial Court. Jurisdiction over the Person the court acquired jurisdiction over the person. There are 2 modes 1. Incase on arrest 2. Incase on voluntary surrender Private Crime 1. Adultery and Concubinage 2. Abduction, Seduction and of Acts of Lasciniousness 3. Criminal action for defamition imputting the abovementioned offenses. Pardon vs Conncent Pardon absolve the accused from liability. Concent it is sufficient even if granted only to the offending spouse. Parties who can give pardon only the offended spouse. Eugerio, Necilyn A. (3-c4 BS Criminology)
Done Watching, sir OBRADOR, JUVY R. 3C4 Thank you sir. I've learned in this video recorded lecture, I've learned about the criminal procedure which define as a means or method prescribed by the law. Aside from that criminal jurisdiction was also tackled on the video recorded lecture it is the power of the court, or the authority to hear and try a particular offense. I've also understood the elements of the criminal jurisdiction. The first element is the penalty attached, it is the penalty provided by the law and not ultimately imposed by court, the second element is the nature of the offense charged. The offense must be considered by a penal law to be a crime before it will fall into the criminal jurisdiction. And the third element is the territorial jurisdiction, which is the venue is jurisdictional. Jurisdiction over the subject matter is derived from law and objection that the court has no jurisdiction over the subject matter maybe made at any stage of the proceeding and derived to make such objection is never wave. The law dictates, that's why you can still question the jurisdiction of the court over the subject matter. Jurisdiction over the person of the accused maybe acquired by consent of the accused or by waiver of objection, there are two modes, first is in case of arrest and the second mode is incase of voluntarily surrender. Unlike in the jurisdiction over the subject matter, that can be made at any stage of proceedings in jurisdiction over the person it must be on time, if the person failed to do so the objection may be deemed wave. Criminal action, one by which the state prosecutes a person for an act or omission punishable by law. We can file a complaint affidavit in the office of provincial or City prosecutor if theirs a need for preliminary investigation, but there are offenses that is directly to the Municipal trial court.
Thank you po Atty.Reyes for this topic. In Criminal Procedure, this is the key points I have learned from video lecture: * Criminal Procedure - it is a manner or method by which the violation of the law amounting to a crime is prosecuted in court and it provides the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction the court will have to impose penalty or punishment. * Criminal Jurisdiction - this is the power of the court to hear and try a criminal case or offense and imposes the punishment for it and the elements that is penalty, nature of the offense charged and the territorial jurisdiction. * Jurisdiction over the subject matter - defines the court and defines its powers; Jurisdiction over the person of the accused - is acquired upon either his apprehension, with or without warrant, or his submission to the jurisdiction of the court. * Criminal Action - is the act of the government in prosecuting a person for the commission of an offense/crime. * The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws. * The effect of the institution of the criminal actions on the period of prescription is It shall interrupt the running off the period of prescription of the offense unless otherwise provided for in special laws * Rule doesn’t apply to violations of municipal ordinances and special laws-interrupted only by the institution of the judicial proceedings for their investigation and punishment, while violations of municipal ordinances prescribeafter 2 months * Private Crime a. Adultery- adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. b. Concubinage- any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place. c Seduction - means enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. d. Abduction- taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her e. Acts of lasciviousness - the act of making a physical contact with the body of another person for the purpose of obtaining sexual gratification other than, or without intention of, sexual intercourse. f. Defamation - speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. MITRA, ANDREA MAE E. 3C4
ANDAL, JAKELIMUEL L. 3C4 I learned that criminal procedure provides the methodology/process of prosecution up to conviction or acquittal of the accused. I also learned that Criminal jurisdiction is a power of the court to hear and try the offense and there are elements of criminal jurisdiction which are the: 1. Penalty attached that means knowing on which level of court you must complaint, and the phrase "determined by the penalty imposable, and not by the ultimately imposed" means that the court may give a lower penalty due to the presence of some mitigating circumstances. 2. Nature of the offense should be considered by a penal law to be a crime or offense before it will fall in criminal jurisdiction of court. 3. Territorial jurisdiction over the place of commission of the crime, I learn that this means that the complaint should be file in the place where the crime was committed. In addition, the jurisdiction over the person accused has two modes, first is the arrest while the second one is the voluntarily surrender of the accused.
OLIQUINO, JOSHUA O. 3C4 Thank you sir for the knowledge acquired. I learned a lot such as definitions of criminal jurisdiction, the elements of criminal jurisdiction, and different general rules and exceptions in legal process for apprehending, prosecuting, and punishing those suspected of criminal offenses.
PRIOL, DARWIN J. 3-C2 Thank you Atty. This video lecture will serve as my guide notes, and it will greatly improve my understanding about Criminal Procedure.
Thank you sir for reminding us our past lessons, through these video lecture you widen our knowledge. This will serve as our notes. You clearly explain the definition of criminal procedure and the penalty, also you stated the definition of penalty impossable ( it is the range of penalty provided by law that can be imposed against an offender. I also learned again the jurisdiction over the subject matter and the jurisdiction over the person of the accused. Also the requisites for exercise of criminal jurisdiction under the general rule. Also you can file a complaint as long as the especial ingredients took place therein, -atty.- The criminal offenses (Criminal Action - act of the gov't or the state in prosecuting a person for the commission of an offense.( criminal complaint)). It will serve as our reviewer when the time of our review for board exam will come. THANK YOU!!! CALAGO, RESSA A. 3C1
Javier, Kayce R. (3C1) This served as my notes during the virtual discussion. SUMMARY CRIMINAL PROCEDURE It means the methodology or process of prosecution up to conviction or acquital of the accused. Regarding to conviction the court impose penalty or punishment. It is remedial in nature which means how the act is to be pusnished and provides method by which a person accused is arrested, tried or punished. The rules on criminal procedure provide for a methodology for which a personal accused of a crime is arrested, tried and punished. CRIMINAL JURISDICTION Power of the court to hear and tried a criminal case or offense and impose punishment for it. ELEMENTS OF CRIMINAL JURISDICTION 1. Penalty attached 2 Nature of the offense charged. There is no crime unless there is law punishing it. It must be considered by penal law to be a crime or offense before it may fall under the criminal jurisdiction of the court. 3. Territorial jurisdiction over the place of commission of the crime. Venue is jurisdictional. The complaint can only be filed in the place where the crime was ommitted. JURISDICTION OVER THE SUBJECT MATTER VS. JURISDICTION OVER THE PERSON OF THE ACCUSED Over the subject matter: - authority of court derived from law. It is the law which grant jurisdiction over the court. ( May kapangyarihan ba ang hukuman na litisin ang kaso) you should look at the provision of the law. Jurisdiction over the person of the accussed: - acquired by court by consent or by waiver of objection. Acquired by arrest. The court acquired jurisdiction over the person. If the accused has objection it must be filed timeliness. It must timely interposed. If the accussed fails to object in time he will be deemed waived. Two modes of person over jurisdiction is acquired: 1. In case of arrest 2. In case of voluntary surrender REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION 1. Jurisdiction over the subject matter to which the proceeding in question belongs. 2. Jurisdiction over the territory. The complait can be filed anywhere as ong as its essential ingredients tooks place within the territorial jurisdiction of the court. 3. Jurisdiction over the person of the accused. The court wil not acquire jurisdictionover the person of the accused in case there is no arrest or no voluntary surrender. Only valid arrest will vest jurisdiction over the person of the accused. If the arrest made in violation of the constitution or unlawful then the court wil not acquire jurisdiction over the person of the accused. GENERAL RULE AND EXCEPTIONS (read article about Tijam v. Sibonghanoy) TEST TO DETERMINE JURISDICTION OF THE COURT IN CRIMINAL CASES 1. The court has geographical limits of its territory. (example: if the offense is committed in Pasay then it has the jurisdiction over the case) Trial courts has only geographical limits. PROSECUTION OF THE OFFENSES RULE 110 Criminal Action - act of the government or state in prosecuting a person for the commission of an offense or a crime. If the crime is ommitted then the state constitute a complaint in court where it called a criminal action. How to institute criminal action?: 1. File a complaint affidavit to the office of provincial prosecutor or the office of city prosecutor 2. For other offenses it filed directly with the MTC and MCTC, or the complaint with the office of the prosecutor. ( There is cases were preliminary investigation is not necessary you go straight to the court). Note: If the complaint was filed in RTC it is automatic that the case sahll be filed with the prosecutor. PRESCRIPTIVE PERIODS OF A CASES FALLING UNDER THE AUTHORITY OF THE LUPON - The complaint must goes first to the barangay ( Lupong Tagapamayapa) and if the complaint was not fixed the barangay will give receipt of the certificate of repudiatio or certificate to file action. OFFENSE OR CRIME THAT CANNOT BE PROSECUTED DE OFFICIO Public crime - there is no private offended party ( example in violation of RA 9165 ) *there is no civil liability Private crime - it is not allowed to filed cases without the participation of private offended party. Private crime: adultery (crime committed by wife) and concubinage (crime committed by the husband) Seduction, abduction and acts of lasciviousness Criminal actions for defamation imputing the abovementioned offenses PARDON VS CONSENT Pardon - past acts Consent - future acts
ENDONILLA, AVEGEL U. 3C1 Thank you Sir. this video lecture help me to understands on how the ciminal procedure being process, it tackles about... CRIMINAL PROCEDURE -The legal procedure for apprehending and prosecuting people accused of criminal offenses, as well as for punishing them if they are found guilty. -It's remedial because it explains how an act will be punished and how a person accused of a crime will be arrested, tried, and punished. CRIMINAL JURISDICTION -Refers to a court's authority to hear and try a specific offense and impose punishment for it. In a criminal case, the court has the authority to hear and try the case, as well as to impose a penalty. -Jurisdiction over the subject pertains to the court's authority, which is derived from law, and it cannot be obtained solely through the accused's consent. -The court may acquire jurisdiction over the accused's person through consent or waiver of objections. There are two methods for acquiring jurisdiction over the accused's person. The first is in the event of arrest, and the second is in the event of voluntary surrender. CRIMINAL ACTIONS -Criminal actions are instituted for offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the preliminary investigation. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters. PRIVATE CRIMES -Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Example of private crimes is adultery, concubinage seduction, and any act of lasciviousness, and criminal actions for defamation imputing the above mentioned offense.
DONE WATCHING COSICO, ANGELICA M. 3C1 THANK YOU SIR I HAD LEARN THE DIFFERENT ELEMENT OF CRIMINAL JURISDICTION AND THERE MEANING LIKE THE PENALTY ATTACHED THAT WILL BE BASED ON THE LAW , THE NATURE OF THE OFFENSE CHARGED AND THE JURISDICTION OF THE COMMISSION OF THE CRIME
JOHN ROMNIEL M. ROBLES 3C3 I've learned that criminal procedure is the manner prescribed by law in which shows the process of prosecution of an accused. How the trial should be done and what penalty should be imposed also tackled in this video lecture. Criminal jurisdiction was clearly discussed including its elements the penalty attached, nature of the offense charged and territorial jurisdiction. The absence of its elements can be challenged by the accused at any stage of the proceedings. The video lecture also emphasized the difference of Jurisdiction over the Subject Matter and Jurisdiction over the Person of the Accused. In Jurisdiction over the Subject matter it can never be acquired solely by consent of the accused while Jurisdiction over the Person of the accused may be acquired by consent of the accused or by waiver of objections but if he fails to make his objection on time, he will be deemed to have waived it. Also the 3 Requisites for Exercise Criminal Jurisdiction was discussed the Jurisdiction over the subject matter, Jurisdiction over the territory, and Jurisdiction over the person of the accused. The general rule was "Questions of jurisdiction may be raised at any stage of the proceedings but if the party is guilty of estoppel or latches they cannot and this is the exception. Criminal action is prosecuting a person for an act he or she have done which was punishable under the law. The criminal actions was instituted by filing complaints in prosecutor officer its either in City or provincial depends upon the location of the person who will file the complain. In filing a complain there are only few person than can file a complain specifically if the crime committed was private crime. Under this crime was adultery, concubinage, seduction, abduction, acts of lasciviousness and criminal action for defamation. In concubinage or adultery only the offended spouse can file it while in seduction, abduction or acts of lasciviousness the offended party, parents, grandparents, or guardian of the offended party may file the complaint. In R. A 7610 the persons who may file a complaint may be the offended party, parents or guardian, ascendant or collateral relative within the third degree of congsaguinity, officer, social worker or representative of a licensed child caring institution, officer or social worker of the DSWD, Barangay Chairman or atleast 3 concerned, responsible citizens where the violation occurred. The difference between pardon and consent is that pardon is refers to past acts and absolve the both offenders from a liability while consent refers to future acts that absolve the accused from liability, it is sufficient even if granted only to the offending spouse. The pardon should be given before filing a complaint in order to have an effect to prohibit the continuance of the prosecution of the offense.
Done watching Sir, I learned that a criminal procedure was a method that is prescribed by the law for the apprehension and prosecution of the persons accused of any criminal offense and for the punishment in case of the conviction and it is also a remedial that provides how the act is to be punished and it provides a method by which a person accused of crime is arrested. In the Criminal Jurisdiction, it was stated that it is a power or the authority of the court to hear and to try a particular offense and impose a punishment to it. It has three elements: a. The penalty attached which means that a jurisdiction of a court in criminal cases is determined by the penalty imposable(range of penalty) not by the penalty ultimately imposed. It was said that the RTC, MTC and other Trial Courts are being heard depending on the penalty being violated. b. The Nature of the Offense which clearly said that if there is no law there is no crime or if there is a crime there is a law lastly; c. The Territorial Jurisdiction or the Territoriality which clearly explained that the court has the power to hear when the crime has been committed in the place. Or simply where the crime has been committed the court in the commission of crime must hear it. In the Criminal Action it is stated that it is the act of the government to prosecute a person to the offense committed.
Thank you Sir, this lecture will serve as my notes and it helps me a lot to understand the meaning of Criminal Procedure. It also helps me to know the elements of jurisdiction and learn that Criminal Procedure are the steps or the process on what will happen to the person being arrested until the final judgement. Arbiso, Arvie D. 3C4
BANAYO, LEO U. BS CRIMINOLOGY 3C2 Good day Sir! According to the definition of the term Criminal Procedure by Herrera (2007) and Pamaran (2010), I have learned that criminal procedure is a method prescribed by law for the apprehension and prosecution of an individual that is accused of a particular criminal offense and for the punishment in case of its conviction. Also, this remedial is defined as it provides how the act is to be punished and provides a method by which an individual accused of a crime is arrested, tried, and punished. Additionally, in this part of the lesson, the term Criminal Jurisdiction is defined as it serves as the authority of the Court to hear and under a trial a certain offense and to impose the punishment that is equivalent to its act and degree. I also attain in this lesson that a penalty is imposed upon the punishment which is an element of criminal jurisdiction. Then, the other elements are the nature of the offense charged which talks about if an act is considered by law as a crime then it will not be considered as a crime the nature of the offense must be considered by a penal law to be a crime or offense before it will be addressed under the criminal jurisdiction of the court. Lastly, the territorial jurisdiction over the place of commission of the crime pertains that can only be filed in the place where the crime was committed or to the place of events where the essential ingredients of the crime take place. Criminal Action was tackled and I've learned that this pertains to the action done by an individual or group which compromises or is punishable by the statutes or laws. in connection with this, the complaint must be filed to the proper officer and a preliminary investigation is a must. Lastly, Private Crimes refer to a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, concubinage seduction, and any act of lasciviousness. Thank you Sir and God bless po!
CALONGCALONG, CRISTIANTIE MARIE L. 3C3- BS CRIMINOLOGY After watching the video i learned the importance of criminal procedure to adhere the equality and justice in convicting a criminal. This procedure take place first on the criminal jurisdiction which defined the power of the court take place, the amount of penalty to be imposed to specific offense and the venue of jurisdiction. In determining the jurisdiction of the court in criminal cases there is always a limit which the georaphical territory take place (trial courts). Additionally, the action of the states in prosecuting an act or ommision that is punishable by law and what are the steps or procedure in filling a case also the presciptive periods of cases. Moreover, it explained the scope of criminal procedure in private crimes on how it was prosecuted. -Thankyou po sir
SABIDURIA, NIMFA A. 3C3 Done watching sir! What I learned in this video lecture is the concept of criminal procedure in which it covers the systematic procedure on the apprehension and prosecution of a person accused of any criminal offenses. This procedure will determine whether the person accused will be convicted nor acquitted, and in case of conviction the court shall inflict the punishment. On the other hand criminal jurisdiction is the power of the court to hear and try a criminal case and imposed punishment thereof.Furthermore, elements of criminal jurisdiction must be present at all times for judgement be rendered accordingly. Hence, if absence of any of these elements the resulting judgement will be void. Thank you sir!
RAMOS DANIEL R. 3C4 SUMMARY Criminal Procedure, in this topic I learned that criminal procedure from the word itself criminal procedure it pertains to the process on how to apprehend and prosecute properly and orderly a person who violate a certain laws in our country whereby the rights of the accused should be respect. With regards to conviction the court imposes penalty or punishment. In a simple sense criminal procedure it talks about the CJS or Criminal Justice System of the country which compose five pillars such as law enforcement, prosecution, court, correction and community. Criminal Jurisdiction, in this topic I learned that Criminal Jurisdiction meaning it talks about the authority of the court to hear and try a particular offense and impose the punishment for it. In addition, the three elements of criminal jurisdiction namely; Penalty attached, Nature of the offense charged. There is no crime if there is law punishing it. It must be considered by penal law to be a crime or offense before it may fall under the criminal jurisdiction of the court. Lastly, territorial jurisdiction over the place of commission of the crime, Venue is territorial unit. Likewise the complaint can only be filed in the place where the crime was committed or omitted. Jurisdiction Over the Subject Matter versus Jurisdiction Over the Person of the accused over the subject matter states the authority of court derived from law further It is the law which grant jurisdiction over the court. For example: Is the court has power to litigate a case? First we should look at the provision of the law. And the Jurisdiction over the person of the accused means acquired by court by consent or by waiver of objection. Furthermore the court acquired jurisdiction over the person if the accused has objection it must be filed timeliness. It must timely interrupt. But in cases if the accused fails to object in time he will be deemed waived. Wherein Two modes of person over jurisdiction is acquired: First, In case of arrest and Second In case of voluntary surrender however the requisites for the exercise of criminal jurisdiction it must have the following: 1. Jurisdiction over the subject matter to which the proceeding in question belongs. 2. Jurisdiction over the territory the complaint can be filed anywhere as long as its essential ingredients took place within the territorial jurisdiction of the court. 3. Jurisdiction over the person of the accused. The court will not acquire jurisdiction over the person of the accused in case there is no arrest or no voluntary surrender. Thus, only valid arrest will vest jurisdiction over the person of the accused. If the arrest made in violation of the constitution or unlawful then the court will not acquire jurisdiction over the person of the accused. However as a general rule and exceptions (read article about Tijam v. Sibonghanoy) in order to test and to determine jurisdiction of the court in criminal cases 1. The court has geographical limits of its territory. For example: if the offense is committed in Pasay then it has the jurisdiction over the case) Trial courts has only geographical limits. Criminal Action, in this topic I learned that criminal action is one by which the state prosecutes a person for an act or omission punishable by law. Thus, a criminal action is commenced by the filling of the complaint with the City or Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action for the crime committed within Mtro Manila, may be commenced only by filing the complaint with the Prosecutor’s Office (Section 2, Prosecutor’s Manual). Likewise, there is cases were preliminary investigation is not necessary you go straight to the court. Note: If the complaint was filed in RTC it is automatic that the case shall be filed with the prosecutor. Within the Prescriptive Periods of a Cases Falling Under the Authority of the Lupon - The complaint must goes first to the barangay ( Lupong Tagapamayapa) and if the complaint was not fixed the barangay will give receipt of the certificate of repudiatio or certificate to file action. Offense or crime that cannot be prosecuted De Officio Public crime means there is no private offended party, For example in violation of Republic Act No. 9165 also known as the Comprehensive Dangerous Act of 2002 there is no civil liability Private crime - it is not allowed to filed cases without the participation of private offended party. Private Crime: Adultery (meaning crime committed by wife) and concubinage (meaning crime committed by the husband) Seduction, abduction and acts of lasciviousness Criminal actions for defamation imputing the abovementioned offenses. PARDON VERSUS CONSENT PARDON, in this topic I learned the difference between the two, when we say pardon it pertains to the past acts while Consent Pardon on the other hand it pertains to the future acts.
ZARZUA, KYLR CHRISTIAN DOMINIQUE R. 3C2 DONE WATCHING SIR In this video I learned what criminal jurisdiction is. Criminal Jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. The elements of Criminal Jurisdiction are Penalty attached, Nature of the offense charged, and the Territorial jurisdiction over the place of commission of the crime. Furthermore I also learned in this video about the criminal procedure and it is a manner or method by which the violation of the law amounting to a crime is prosecuted in court, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused. In addition to this I also learned that criminal action refers one by which the State prosecutes a person for an act or omission punishable by law. I also learned that private crimes is a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, seduction, concubinage, and any act of lasciviousness
BARWEL, ANGELO V. LSPU-SPCC BS CRIMINOLOGY 3-C3 In this video lecture, I learned the definition of the Criminal Procedure and how it works in our Criminal Justice System, as it provides methods on how a person accused of a crime is arrested, tried, or punished. It also provides procedures in cases that a person accused of a crime is convicted. Another one is the Criminal Jurisdiction wherein it pertains to the power of the court to hear and try a particular case covered by its jurisdiction. This could be determined through penalty attached, nature of the offense charged, and the territorial jurisdiction where the crime is committed. In cases that the court does not possess any of the elements provided or there is any absence on any of those elements, it may be challenged by the accused. Failure of the court to comply on any of those elements will result to the total nullity of the judgment that will be rendered. Another one is the Institution of Criminal Actions, which is commenced by filing a complaint for the purposes of conducting preliminary investigation if the offense requires. It is also stated therein the instances on how complaint is filed. Thank you so much Attorney.
FERNANDEZ,JOHN PHILIP G. 3C1 THANK YOU ATTY! I learned about that in the private crimes only the offended party can institute of file the criminal complaint. Those are we called offenses or crime that we cannot be prosecuted de officio. As the general rule all criminal actions initiated by complaint or information are filed by the prosecutor that the exeptions into tthis rule is about the private crimes which may only prosecuted by a complaint by the private offended party which those offenses that under on our penals for example adultery and concubinage that it was between husband and wife.
In this lecture, I’ve learned that criminal procedure is the process or approach that the law follows upon the arrest, prosecution, trial, and conviction of an accused of an offense that has been taken place. I have learned in criminal jurisdiction is the right of the court to hear and attempted an offense dedicated by way of a person and imposed punishment equal to the offense that has been committed. Further, the jurisdiction is decided with the aid of the penalty imposable, which means the range of the penalty provided by law that may be imposed in opposition to an offender. The other was the nature of the crime, in which the penalty became primarily based on the nature of the crime committed. The nature of the offense should be considered as a penal law before it will fall under the criminal jurisdiction of the court. The jurisdiction over the subject matter pertains to the authority of the court which derived from the law, it can never be applied solely by consent of the accused, we need to look from the provision of the law, the law will tell you if the offense can be filed on whether the Municipal Trial Court or RTC. If the law fails to specify which court should have the jurisdiction of the offense you need to look at the penalty imposable if the penalty imposable is more than six yrs. and one day the case should be filed in the regional trial court, while if the penalty imposable is six yrs. or less the case can be filed in the Municipal Trial Court. And person accused has differences in which the jurisdiction over the subject matter was provided by law. On the other hand, the jurisdiction over the person accused can be. Private crimes- cannot be filed in court unless there's a complaint filed utilizing the private offended party. In private crimes, only the private offended party can institute or report the complaint. Adultery- offense or crime dedicated by the wife in case the spouse has sexual intercourse with a person other than her husband. The husband can file the complaint. Concubinage - against the law committed through the husband, he has maintained a mistress within the conjugal dwelling, engaged in sexual intercourse underneath scandalous circumstances, or even maintained the concubine inside the family home. Only the wife can file the complaint. VIOLANDA, VENUS M. 3C2- BS CRIMINOLOGY
TIGUELO, CRISLEAN M. 3C2 BS CRIMINOLOGY Good Day Sir! I recently learned, jurisdiction refers to the courts' ability to hear matters that have been brought before it. I also discovered that the legislation's punishment rather than the penalty itselt can be utilized to determine the case should filed in a lower court or higher court.
Done Watching! Del Mundo, Shaina d. 3C4 Criminal procedure- this is the manner or method by which the violating of the law amounting to a crime is prosecuted in court. -remedial in nature provides for the methodology by a person accused of a crime is arrested, tried or punished. Criminal jurisdiction- this is the power of court to hear and try a criminal case or offense and impose of the punishment. Elements of criminal jurisdiction 1. Penalty- determined by the penalty imposable and not by the penalty ultimate imposed. The jurisdiction of the court by the penalty imposable. 2. nature of the offense charged. 3. territorial jurisdiction over the place of the commission of the crime. Territoriality venue is jurisdictional Failing to comply of the anyone of them, the resulting judgement is nullity or void. Jurisdiction over the subject matter- is derived form the law. It can never be acquired solely by consent of the accused. It is the law who will grant the jurisdiction of the court. Jurisdiction over the person of the accused- Acquired by consent or waiver from the court. 2 modes by which jurisdiction over the person of the accuse acquired. 1. In case of arrest 2. In case of voluntary surrender Can you question the jurisdiction over the subject matter? Yes, because jurisdiction over the subject matter is determine or derived from the law. This video show us the series of action conducted in crime or offense.
Leuterio, John Paul O. BSCRIMINOLOGY 3C4 The following are my summarization in each question: LIST OF TOPICS: What is Criminal Procedure? - It is the manner by which the violation of law amounting to a crime is prosecuted to a court, it also provides the methodology or the process of prosecution up to conviction or acquittal of the accused. -it also provides for the methodology by which a person accused of a crime is arrested, try and punished. What is Criminal Jurisdiction? -it is the power of the court to hear and try a criminal case also imposing the punishment for it. Also, it is consists of elements of jurisdiction which are a penalty, it can be determined by the penalty imposable. The nature of the offense charged should be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court. and Territorial jurisdiction, the complaint can be filed in the place where the crime was committed or any places where any of the essential ingredients of crime have been committed. What is Criminal Action? -is an act of the government or the state prosecuting a person for the commission of an offense.
How Do You Institute of Criminal Action -You can complain a complaint affidavit from the prosecutor. -Directly in the first level court for the complaint with the office of the prosecutor. What are Private Crimes? - also called as prosecuted de officio, under our penal legal system there are certain offenses in which can be only filed by the private offended party as of Adultery and concubinage, seduction, abduction, and acts of lasciviousness, and criminal actions for defamation imputing the abovementioned offenses.
Leuterio, John Paul O. 3C4 The following are my summarization in each question: LIST OF TOPICS: What is Criminal Procedure? - It is the manner by which the violation of law amounting to a crime is prosecuted to a court, it also provides the methodology or the process of prosecution up to conviction or acquittal of the accused. -it also provides for the methodology by which a person accused of a crime is arrested, try and punished. What is Criminal Jurisdiction? -it is the power of the court to hear and try a criminal case also imposing the punishment for it. Also, it is consists of elements of jurisdiction which are a penalty, it can be determined by the penalty imposable. The nature of the offense charged should be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court. and Territorial jurisdiction, the complaint can be filed in the place where the crime was committed or any places where any of the essential ingredients of crime have been committed. What is Criminal Action? -is an act of the government or the state prosecuting a person for the commission of an offense.
How Do You Institute of Criminal Action -You can complain a complaint affidavit from the prosecutor. -Directly in the first level court for the complaint with the office of the prosecutor. What are Private Crimes? - also called as prosecuted de officio, under our penal legal system there are certain offenses in which can be only filed by the private offended party as of Adultery and concubinage, seduction, abduction, and acts of lasciviousness, and criminal actions for defamation imputing the abovementioned offenses.
Done watching sir,than you sir SEMPIO JOSE MARI C 3C3 In this lesson i learned what is the main function of criminal procedure that it's an investigation conducted to determine whether someone is probably guilty of a crime and should be held for trial. And also the criminal jurisdiction that means having a authority of court to hear and determine cases ,and also the three elements of Criminal jurisdiction which are : Nature of the offense. Authority of the court to impose the penalty imposable given the allegation in the information. Territorial jurisdiction of the court imposing the penalty. And also what are the crimes committed by married couple that having an affair with other individuals which are concubenage that means the cime committed by a husband and should be charged together with the other woman or concubine and also adultery refers to a consensual sexual relationship or encounter between someone who’s married and a person they’re not married to (who may or may not be married to someone else)
I've learned that Criminal procedures are in place to ensure that all defendants are granted due process and that their constitutional rights are upheld. The Miranda warning is probably one of the most well-known cases of criminal procedure protecting constitutional rights. And also the elements of Criminal jurisdiction such as *Nature of the offense. *Authority of the court to impose the penalty imposable given the allegation in the information. *Territorial jurisdiction of the court imposing the penalty. SOLIS, JHESYL L. 3C4 BS CRIMINOLOGY
Caponpon, Ellien H. 3C3- BS CRIMINOLOGY Done watching and Thankyou sir! I've learned a lot in this lecture like the meaning of the Criminal Procedure, Criminal Jurisdiction and Criminal Actions. Also I clearly understand the lecture that related in our subject.
COMIA, MICHELLE P. 3C2 Thank you very much, sir. I learned about criminal procedure in this video recorded lesson, which is defined as a means or method authorized by the law. Aside from that, the video recorded lecture also addressed criminal jurisdiction, which is the power of the court, or the ability to hear and try a specific offense. I'm also familiar with the criminal justice system's components. The first part is the penalty imposed, which is determined by the law rather than by the court, and the second is the nature of the offense charged. Before falling under the criminal jurisdiction, the offense must be considered a crime by a penal statute. The geographical jurisdiction is the third component which is the venue is jurisdictional. Jurisdiction over the subject matter is derived from law, and an objection that the court lacks jurisdiction over the subject matter can be raised at any point throughout the proceedings, and the right to raise such an objection is never waived. Because the law demands, you can nonetheless contest the court's jurisdiction over the subject matter. The accused's consent or waiver of objection may be used to obtain jurisdiction over his or her person. There are two modes of acquisition: the first is in the case of arrest, and the second is in the case of voluntary surrender. Unlike jurisdiction over the subject matter, which can be exercised at any point of the proceedings, jurisdiction over the person must be exercised promptly if the person has failed to comply.
ANDA, MARIFER H. 3C3 Done watching part 1 Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment in case of conviction (Herrera, 2007; Pamaran, 2010). Criminal procedure, this is the manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction, the court will have to impose penalty or punishment. Criminal jurisdiction is the authority of the court to hear and try a particular offense and impose the punishment for it. (People vs. Mariano, GR. No. L-40527, June 30, 1976). Jurisdiction of the court is the penalty provided by law or the penalty actually imposed by court. Thank you po sir.
DAGUIMOL, JAY ANNE A. BS CRIM 3C2 Criminal Procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction the court will have to impose penalty or punishment. Criminal Jurisdiction is the authority of the court to hear and try a particular offense and imposed the punishment for it. - The jurisdiction of the court to a case is determined by the penalty impose. Elements of Criminal Jurisdiction 1. Penalty attached - The Jurisdiction of a court in criminal cases is determined by the penalty imposable and not by penalty ultimately imposed. How do you know that the case or the criminal offense is to be filed in the lower court, first level court or in the second level court? Is when the Jurisdiction is determined by the penalty imposable. Penalty imposable is the range of penalty provided by law that can be imposed against an offender. 2. Nature of the offensed charged- There is no crime if there is no law punishing it. The nature of offense must be considered by a penal law to be a crime of offense before it will fall under the criminal Jurisdiction of the court. 3. Territorial jurisdiction over the place of commission of the crime. In criminal cases Venue is jurisdictional. Elements of Criminal Jurisdiction The absence of any of these elements may be challenged by an accused at any stage of the proceedings in the court below or on appeal. The accused can challenge such absence of jurisdiction. In this video, the instructor discuss the Jurisdiction over the subject matter - Pertains to the authority of the court which is derived from law. It can never be acquired solely by consent of the accused; - Obejection that the court has no jurisdiction over the subject matter may be made at any stage of the proceedings and the right to make such objection is never waived. VS Jurisdiction over the Person of the Accused - May be acquired by consent of the accused or by waiver of objection; There are 2 modes by which jurisdiction over the person of the Accused is acquired 1.) In case of arrest 2.) In case of voluntary surrender The discussion continues to Prosecution of Offenses Rule 110 Criminal Action - One by which the state prosecutes a person for an act or omission punishable by law: - Act of the government or state in prosecuting a person in the commission of an offense or Crime. ff. topics under Prosecution of Offenses Rule 110 are: *Effects of Institution of a criminal Action *Offense or crime that cannot be prosecuted de officio *Party who may legally file a complaint for adultery or concubinage *Parties who may file a complaint for seduction, abduction or acts of lasciviousness *Persons who may file a complaint on cases of unlawful acts in RA 7610 *Filing a complaint by a minor for seduction, abduction or acts of lasciviousness *Pardon Given by a minor in cases of seduction, abduction or acts of lasciviousness Pardon and Consent is being differentiate Pardon - Refers to past acts, In order to absolved the accused from liability, it must be extended to both offenders. Consent - refers to future acts, In order to absolved the Accused from liability, it is sufficient even if granted only to the offending spouse. * Subsequent marriage of the Accused and Offended Party
Done watching po sir thank you po. I've learned in this video is the criminal procedure is a manner or method by which the violation of the law is prosecuted in court. It provides methodology or process of prosecution up to conviction or acquittal of the accused. In criminal jurisdiction it is the power of the court to hear and try the case. If the penalty impossible is more than six years then you can file the complain in the regional trial court. The authority of the court is to hear cases is derived from law. COMIA JOHN ANGEL A. BS Crim 3C4.
I learn that criminal jurisdiction is the power of the court to hear and try a criminal case and impose the punishment of it. Thankyou sir
Thank you Atty. In this lecture, I've learned that:
- Criminal procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. Also it provides for the methology or the process of prosecution up to conviction or acquital of the person accused, In case of conviction the court will provide a penalty or punishment for the crime committed.
- This is remedial in nature which means how the act should be punished.
- Criminal Jurisdiction this is the power of the court to hear and try a criminal case or offense and impose the punishment for it.
*How do we know in which court to file our complaint?
- The jurisdiction is determined by the penalty imposable which means the range of penalty provided by law that can be imposed against an offender.
- Ex. if the penalty is Reclusion Perpetua, the court may impose a lower penalty for that offense if there are attendant mitigating circumstances provided under the Revised Penal Code.
*What will determine the Jurisdiction of the court? Is it the penalty provided by law or penalty actually imposed by court?
- The penalty imposable or provided for by law and not the actual penalty, that the jurisdictions of the court in criminal cases is determined by the penalty imposable by law and not the ultimately imposed by the court.
Osuna, Charlene May M.
3C2 BS CRIMINOLOGY (LSPU-SPCC)
Thank you po attorney. I am ORENSE, GIO from 3C1.
In this lesson, I learned and understand the different meaning pertaining to these subject
CRIMINAL PROCEDURE- it is a manner or method by which violation of the law amounting to a crime is prosecuted in court. It’s provides for the process in prosecution , up to conviction or acquittal of the accused and it is remedial in nature.
REMEDIAL-it provides how the act is to be punished and it’s provides a method, which a person accused of a crime is arrested tried and punished.
CRIMINAL JURISDICTION- it is the power of the court to hear and trial a case/ criminal case or offense then imposed the penalty for it.
Elements of Criminal Jurisdiction
1. Penalty Attached
2. Nature of the offense charged.
3. Territorial Jurisdiction
Thank you Atty. Super helpful po, I’m listening to your lecture while working, mas naintindihan ko po yung binasa ko ☺️(LSPU Sta. Cruz Campus)
I learned about the topic of this lecture about:
First is the Criminal Procedure-define as law for the apprehension and prosecution of person accused of any criminal offense and also the remedial in nature which means how to act should be punished.
Criminal Jurisdiction
- it is hear and try a particular offense and impose on the punishment.
Criminal Action
- It is prosecutes a person for an act or ommision punishable by law.
The private crimes is example of the concubinage and adultery the difference between this two is adultery commited by a wife and should be charged together with the other man, while concubinage is commited by a husband and should be charged together with the other woman.
Thank u Attorney it will serve as my notes.
Ticzon, Kent Steven B.
3C3 BS CRIMINOLOGY
Good Day Sir!
In this video lecture, I've learned that in the Jurisdiction over the subject matter the authority of the court to try and hear Offenses is derived from the law. It is also the law which will grant jurisdiction over the Court. On the other hand, jurisdiction over the the person of the accused, it is acquired by arrest .The arrested person is placed under the custody of the law, then the police wil have to report to the court the fact of arrest of the accused. And so, the court acquires jurisdiction over the person.
Only the law can vest jurisdiction over the subject matter to a court while the jurisdiction over the person of the accused is acquired by two modes which are arrest and voluntary surrender.
Thank you Sir!
ISLETA,KAYE ANN C.
3C2 BS-CRIMINOLOGY
thank you po Atty I listed below are the things I learned from the video lecture.
-Criminal procedure is the manner by which the violation of the law amounting of the crime prosecuted in court
- Criminal Jurisdiction is the power of the of the court to hear or try a case.
- Territoriality venue is jurisdictional the complaint can only be filed where the commission of the crime was committed.
- if the accuse arrested, the police will report to the honorable court the facts of the arrest.
- Two modes by which jurisdiction over the person of the accuse acquired:
1.Arrest
2. Voluntary Surrender
- the accuse can very well post bail by posting bail the accuse will appear in court and voluntarily surrender himself to judge or court and if the accuse have appeal it is needed be timely interpose because if not the appeal will be deemed waive.
- criminal action is an act of the government or state in prosecuting a person for the commission of an offense.
- criminal action can be file of complaint affidavit to prosecutor or office of city prosecutor.
- how do you know that a complaint can be directly filed in the first level of court or if it is file before the office of city prosecutor or office of provincial prosecutor?
* look if it’s needed a preliminary investigation.
- Private offender party.
* cannot be file without the participation of the private offended party even the police cannot file a case in the half of the offended party.
- pardon must be given before filing of a complaint because if pardon is given after the filing of the complaint it will not prohibit the continuation of the prosecution of a offense.
CRIMINAL PROCEDURE PART 1
After watching this video, I can fully understand now that criminal procedure take a big part in serving justice for the offended party. From the very start until the judgment of the accused, the whole process is worth taking time. Now I know why some cases took a long period to resolve. I get to know also about the power of the court to hear and try a case and impose punishment on the accused if found guilty as well as its elements.
Thanks for sharing your knowledge with us, Atty.!
SABONG, ROVILYN M.
BS. CRIMINOLOGY 3C4
Thank you Sir! In these lectures I've learned that:
In criminal procedure, it is a manner or a method by which the violation of the law amounting to a crime prosecuted in court. It also provides the process of prosecution IP to the conviction of acquittal of a person who is accused. However, in case that the person will be convicted the court will imposed penalty OR punishment. When we say criminal procedure, it means how the act is to be punished and it provides a method of how a person arrested, tried, and punished.
In criminal jurisdiction, it is the authority of the court to hear and try a clear offense and imposed a punishment for it. The jurisdiction is determine by the penalty on what is in the law and not actually by the penalty stated by the court.
In criminal action, it is the act of the state or the government that prosecute a person for the crime that he or she has been committed.
In instituting a criminal action, it should be file(the complaint affidavit) in prosecutor OR in the office of provincial prosecution or in the office of city prosecutor. If there's no city prosecutor then it will be on the provincial prosecutor. Filling complaint must be on the proper officer for the preliminary investigation it is required. However not all complaint should be filed on prosecutor and gone through preliminary investigation, some cases does not need it and directly filed on court.
Here are some privates crimes: adultery/concubinage, seduction, etc. These private crimes cannot be filed by the police or other people except by the offender party himself, or if the offended party is a minor, it can be filed by the parents or guardian. It is because only the private offended party has the only right to filed the complaint.
Thank you sir.
GARING, DOLORES E.
BS CRIMINOLOGY (3C4)
ATIENZA, ALLYSA JOY V
3C1
Thankyou very much Atty.
In this video lecture, I understand the terminologies needed in this criminal procedure subject. It discuss the following terminologies:
CRIMINAL PROCEDURE- this refer to the method that prescribes by the law for apprehension and prosecution of the person accused for criminal offenses.
CRIMININAL JURISDICTION- refers to the authority to hear and try a particular offense and impose the punishment for it.
In terms of this Criminal jurisdiction there are 3 elements that we need to consider to file the case in a proper court, because absence of one can be challenged at any stage of the proceeding in court
CRIMINAL ACTION- refers one by which the State prosecutes a person for an act or omission punishable by law.
PRIVATE CRIMES- refers to a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, seduction, concubinage, and any act of lasciviousness
Bumagat, Chelsea D. from 3C2. Goood Day, Sir.
I learned a lot from your video about Criminal Procedure wherein it is a manner or method by which the violation of the law amounts to a crime prosecuted in court. It provides the methodology or the process of prosecution up to the conviction or acquittal of the accused.
I also learn about Criminal Jurisdiction that refers to the authority to hear and try in a particular offense and impose the punishment for it. The 3 elements and definition of criminal jurisdiction is also discussed in the video.
Thank you sir, done watching.
The following served as my jotdown notes:
CRIMINAL PROCEDURE- basically the manner or method by which the violation of the law amount into a crime is prosecuted in court. It provides for the methodology or for the the process of the prosecution up to conviction or acquittal of the accused. In this case, the court will have to imposed penalty or punishment. The rules on criminal procedure provide methodology of a person accused of a crime is arrested, tried or punished.
CRIMINAL JURISDICTION- the power of the court to hear and try a case or offense and imposed punishment.
ELEMENTS OF CRIMINAL JURISDICTION:
1. PENALTY ATTACHED-
How do you know in which court to filed your complaint?
*it is determined by penalty imposable.
PENALTY IMPOSABLE- the range of penalty provided by the law that can be imposed to offender.
PENALTY- pertains to imposable by law and not actual penalty that is ultimately imposable by the court.
What will determined the jurisdiction of the court? is it the penalty provided by the law or the penalty actually imposed by court?
*The penalty imposable or provided by law not the actual penalty.
2. NATURE OF THE OFFENSE CHARGED-
"There is no crime unless there is a law punishing it" - that an act no matter how morally wrong do not amount to a crime unless there is a law define such act as a crime.
-considered by penal law to be a crime of offense before it will fall under criminal jurisdiction of the court.
3. TERRITORIAL JURISDICTION OVER THE PLACE OF COMMISSION OF THE CRIME-
-in criminal cases venue is jurisdictional
-criminal case charged, complaint or information only can filed in the place where the crime was committed or any essential ingredients of the crime it was committed.
When can the accused raise an issued absence of a elements of criminal jurisdiction?
*According to the law, it can be raise by the accused at the stage of the proceedings in the court on a trial or appeal.
JURISDICTION OVER THE SUBJECT MATTER:
- Authority of the court derived from law, it is based on law
- looked from the provision of law
- but incase the law specify the jurisdiction on the matter of the offense imposable. If 6 years and 1 day of imprisonment then go filed the complaint in RTC, if 6 years or less then go filed the complaint before the first level court, because the authority of the court to hear and try is derived from the law which will grant jurisdiction authority over the court.
JURISDICTION OVER THE PERSON OF THE ACCUSED:
-Person of the accused acquired by the court by the concent or waiver of objection.
-authority of the court over the person of the accused is acquired arrest
-if the person is arrested he is place in the custody of the law, the police officer will have to report to honorable court the facts of the arrest of the accused.
-when the person is arrested the court will acquired jurisdiction over the person.
-it is timely interpose
2 MODES BY WHICH JURISDICTION BY THE PERSON OF THE ACCUSED IS ACQUIRED:
1. In case of arrest
2. In case of voluntary surrender
REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION:
-Jurisdiction over the person of the accused it will not acquired in case no arrest or voluntary surrender.
-only valid arrest will best the court over the jurisdiction of the accused.
-Jurisdiction over the territory can file the criminal complaint in any jurisdiction as long as it is essential ingredients tooked in that place.
General rule: If the accused have some objections over the jurisdiction of the court on the subject matter he can raised on the lower court during trial or even appeal.
Exception: if the party raising the questions is guilty of estoppel or laches.
- actively participated during the trial but the only time to object is during appeal.
- estoppel- you cannot questionned the jurisdiction of the court after invoked it by seeking affirmative of the court.
TEST TO DETERMINE JURISDICTION OF THE COURT IN CRIMINAL CASES
-geographical limits of the territory in trial courts only but court of appeal or supreme court is for entire country.
PROSECUTION OF OFFENSE RULE 110
-where criminal procedure starts
CRIMINAL ACTIONS- is the act of the government or state in prosecuting a person for the commission of an offense or a crime.
-it is the crime was committed then the state will institute a complaint in court a criminal complaint it is called criminal actions.
Institute- how do you go file or criminal actions
INSTITUTE OF CRIMINAL ACTIONS:
1. file a complaint affidavit to the fiscal to the office of provincial prosecutor or office of city prosecutor.
How do you know if you will file it in OPP or OCP?
*if ever no OCP then filed in OPP because not all places have OCP
-after then instituted criminal actions that means filed criminal complaint.
2. For all other offenses, some are directly filed to court or lower court, no prosecutor or fiscal.
How do you know that complaint directly filed in first level court or if you need to be filed in OPP or OCP?
*Determine if it is needed preliminary investigation.
Note:
RTC always have preliminary investigation.
EFFECTS OF INSTITUTION OF A CRIMINAL ACTIONS:
General rule: it interrupts the running of the period of prescription of the offense charged (SECTION 1, RULE 110)
prescription- only filed within a certain period called prescribed.
Exception:
-violation of ordinances it is criminal actions.
-SPL filling the complaint or Information on court to interrupt
-RPC filed in the court it will interrupt
PRESCRIPTIVE PERIODS OF CASES FALLING UNDER THE AUTHORITY OF THE LUPON
-katarungan pambarangay
-if complaint submit to the barangay it will suspend or interrupt on the prescriptive period but not exceed 60 days.
ENDORSEMENT- certificate to file actions
OFFENSE OR CRIME THAT CANNOT BE PROSECUTED DE OFFICIO
- also known private crimes
- according to penal legal system, there are certain offenses which can only be filed by the private offended party or the private complainant.
- in private crimes only the private complainant or offended party can file them or institute.
OFFENSES UNDER PENAL LEGAL SYSTEM THAT ARE CONSIDERED PRIVATE CRIMES AND ONLY PRIVATE OFFENDED PARTY CAN FILE THEM OR INSTITUTE:
ADULTERY- offense crime committed by the wife, incase the wife have sexual intercourse in a man other than his husband.
CONCUBINAGE- crime committed by husband, incase he have mistress, conjugal dwelling and sexual intercourse in scandalous circumstances.
Note: it can't be filed by daughter or son, but only the husband or wife.
Pardon- forgiveness of sins to your spouse (applicable before filling the complaint)
Consent- can't engage on what ever acts.
Parens patriae- state acts as a parents of citizen.
Desistance- withdrawal of the case
MANTO, KYLA M.
3C2 BS CRIMINOLOGY
Thankyou sir for the lecture
The lesson I've learned for this video recorded lecture it will assist me in gaining information and understanding of what Criminal Procedure, Criminal Jurisdiction, and Criminal Action are all about.
In Criminal Procedure, I discovered that it is a part of procedural law that contains procedures for punishing those who break criminal law's norms. Criminal Procedures governs the prosecutorial apparatus, prosecution structure, pre-trial procedure, bail, detention police power, and sentencing, among other things.
Thank u atty.
In this video lecture, I learned that the criminal procedure is the method prescribe by law and it is the manner or method by which a violation of a law amounting of a crime prosecuted in court. I learned a lot about the elements of criminal jurisdiction. I also understand the differences between jurisdiction over the subject matter and jurisdiction over the person of the accused and its requisites.
With regards to rule 110 prosecution of an offense,in criminal action it is the act of the government or state in prosecuting a person in the commission of an offense of a crime. If a crime has been committed, the the state will institute a complaint in court. I understand how to institute a criminal action and i learned as well the differences between pardon and consent, the parties who can give a pardon.
In the last part of this video lecture. I learned a lot and understand the subsequent marriage of the accused and the offended party. And i understand the effects of desistance of the offended party in private crime, and lastly the effect of death of the offended party to the criminal action.
Thankyou po sir.3c2 BSCrim
Done watching Sir.
In this lecture I learned that:
Criminal procedure - Provides methodology or process of prosecution upto conviction of the accused, it is remedial it provides a how act is to be punished and it provides a method by which a person accused of a crime is arrested tried and punished.
Criminal Jurisdiction - authority of the court hear particular offense and impose the punishment for it.
Jurisdiction over the subject matter - pertains to the authority of the court which is derived from law, it can never be acquired solely by the consent of the accused.
Jurisdiction over the person of the accused - by consent or by waiver of objection, the court acquires jurisdiction over the person, 2 modes arrest and voluntarily surrender.
Thank you po atty. I learned on this discussion that the criminal procedure is the manner or method where is the violation of the law amounting to a crime is procecuted in court now. As well in the case of conviction the court will have to impose a penalty or punishment.
-Aslo the criminal procedure is remedial in nature since it provides on how the act to be punished.
- Criminal Jurisdiction is in the authority of ther court to hear and try the case or offense
- Penalty imposable that is the range of penalty that provide by law that can imposed to the offender
- Territorial Jurisdiction in criminal cases venue is jurisdictional and also in the absense of any elements, In failling to comply with the anyone of them the result will become not valid or void.
- Further is the two modes by which the jurisdictional under the person of the accused first is in case of arrest and second is voluntary surrender.
3C2 BS CRIM
Done watching, Sir. In this lecture I've learned that the Criminal Procedure follows a systematic order of apprehension and prosecution of the person accused in which was provided by the law. Also, the Criminal Jurisdiction is the power of court to hear and try a case as well as the power to impose a penalty. The elements of Criminal Jurisdiction includes: (a) penalty attached, in which will be based on the penalty imposable that was
provided by the law; (b) nature of the offense charged; and (c) territorial jurisdiction over the place of commission of the crime. However, the absence of these elements may be challenged by an accused at any stage of court
proceedings.
The jurisdiction over the subject matter and person accused has differences in which the jurisdiction over the subject matter was provided by law. On the other hand, the jurisdiction over the person accused can be
acquired in two ways (1) voluntary surrender of the accused and (2) arrest.
I also learned the Prosecution of Offenses (Rule 110), the general rules as well as the exceptions provided therein, who may file the case or complaint and who can validly give a pardon or consent in a specific crime or offense.
Pureza, Fernand Joshua R.
3C2
Thank you for this knowledge sir, I've learned on this video is 1. As of mention earlier Criminal Procedure is also provide methodology of litigation to provide conviction or acquittal. Criminal procedure refers to the methods used to investigate and prosecute a crime. In addition, criminal procedure protects the rights of the defendant. It also refers to the methods used to investigate and prosecute a crime. In addition, criminal procedure protects the rights of the defendant. 2. Criminal Jurisdiction it the power of the court to hear and try the criminal case or offense.
Thank you sir for this knowledgeable information that you shared to us. It will be a big help for us to the future Thank you
Sir, thank you very much. I learned in this video lecture that, CRIMINAL JURISDICTION,
The authority of a court to hear and try a specific offense as well as impose punishment for it. The court has the ability to hear and try the case, as well as to impose a sentence, in a criminal case. Jurisdiction over the subject refers to the court's legal authority, which cannot be achieved only with the consent of the accused. By permission or waiver of objections, the court may gain jurisdiction over the accused's person. Obtaining jurisdiction over the accused's person can be done in two ways. The first is if you are arrested, and the second is if you surrender voluntarily.
The right to raise an objection that the court lacks jurisdiction over the subject matter is never waived, and an objection that the court lacks jurisdiction over the subject matter can be raised at any stage throughout the proceedings. Despite the fact that the law requires it, you might challenge the court's jurisdiction over the subject matter.
SAMSAMAN, PAULINE MAE O.
3C3 BS CRIMINOLOGY
Thank you sir! I learned on this lecture that Criminal procedure provides methodology from which the accused has been prosecuted up to conviction or acquital from the court hearing.
Another thing that I learned is that an accused is entitled to object over the subject matter at any stages of the proceeding, it must be noted that an accused is not barred to object because the subject matter is derived from law.
On the other hand, a courts' jurisdiction over the person of accused must be acquired a consent in order for the latter to waived the objection, if the accused fails to make a timely interposition, then the court presumes that the objection was waived.
I also learned that a complaint of a person cannot be directly filed on the RTC and gain jurisdiction on it without preliminary investigation.
Another thing that I learned is that Private crimes such as adultery, concubinage, seduction and acts of lasciviousness. One thing that I learned on filling a case of adultery is that the spouse and the husband must have relation in order for the case to be filed to but if they have been recently divorced then the complainant cannot file such case due to its lack of status.
Lastly, I learned that complaint is a sworn written statement in which an offense is being charge on a person which is subscribed by the offended party, any peace officer or public officer which are bound to enforce the law violated. And Information is an order in writing charging a person with an offense which is then subscribed by the prosecutor and filed it with the court.
Noell Brian G. Isleta
3C3 - BS CRIM
Thank you for uploading this lecture Sir, malaking tulong saming mga reviewee.
God Bless po!
Done watching, sir. TUBOG, MARIEL ANNE O. 3C2
This video lecture provided me another knowledge particularly the definition of criminal procedure wherein it states that it is a manner or method of apprehension from the very beginning of arrest upto the final judgment whether it could be acquittal or conviction. I also learned that we can determine whether the case is to file in lower court or higher court based on the penalty imposable by the law and not merely on the penalty itself. This video enlightened me about the territorial jurisdiction as well as the criminal action to be made for a specific crime committed. Thank you, sir!
Villanueva, Zyber D. - BS.Criminology 3c3
The things that I had learned after watching this video are:
Criminal Procedure is a law that apprehend and prosecutes a person accused for any criminal act and also the manner on how the act should be punished
Criminal Jurisdiction that pertains to the power of the cpurt to hear a particular case covered by its jurisdiction.
Criminal Action is an act or omission of one by which stat prosecutes a person
Thankyou Attorney.
BASCO MARK AARON D.
3C3
Thank you Sir, this lecture will serve as my notes and it helps me a lot to understand the meaning of Criminal Procedure.
What is the definition of criminal procedure?
- It is a legal process for prosecuting someone who has been suspected of committing a crime.
-The legal process for apprehending, prosecuting, and punishing those suspected of criminal offenses if they are proven guilty.
-It's remedial because it describes how a crime will be punished and how a person accused of committing a crime would be arrested, tried, and punished.
What is the definition of criminal jurisdiction?
- It is the authority to hear and try a case as well as impose a penalty.
VELASQUEZ, FATIMA MAE C.
3-C1
Thank you Sir for this video lecture. It helps me, as well as my classmates to understand the meaning and purpose of "criminal procedure". I have learned that criminal procedure is a method that prescribed by the law for the apprehension and prosecution of person/s accused of any criminal offense. I have also learned that "pardon" must be extended to both offenders. Example: a husband was charged of concubinage and his wife forgave him but not his other woman. That wouldn't absolve him from liability because the wife did not forgave the other woman who he cheated with. While in "consent" forgiving the spouse is sufficient even if it only granted to the offending spouse and not to the other woman.
Thankyou Sir 3C2 BSCRIM
In this topic our professor precisely discuss little by little what are the meaning of those wprd which are relevant and related to our subject like what is the criminal action, criminal procedure and others. I've clearly learned those topics because it had been well discussed😊
CARLOS, JAYSON P.
3C2
THANK YOU ATTY !
In this lesson I've learned a lot in criminal procedure provide methodology from which the accused has been prosecuted up to up to conviction or acquittal in the court hearing and also i learned a lot from the element of criminal jurisdiction start with the penalty attached up to territorial jurisdiction and the effect of institution of criminal action likewise I learned a lot about the private crimes.
VILLASORDA, ISRAEL JIRE R. 3C4
Thankyou Atty. for this lecture, here are some of the lessons that I've learned and some terms that was highlight:
Criminal procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. Also, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused. In case of conviction the court will have to impose penalty or punishment
- This is remedial in nature
Criminal Jurisdiction- this is the power of the court to hear and try a criminal case or offense and impose the punishment for it
Element of Criminal Jurisdiction
Penalty attached- the jurisdiction of a Court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed
Nature of the offense charged (the nature of offense must be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court)
Territorial jurisdiction over the place of commission of the crime (Venue of jurisdictional- in a criminal case the complaint or information can only be filed in the place where the crime was committed or in any of the places where any of the essential ingredients of the crime have been committed)
How do you know where to file the case? It is determined by the penalty imposable
Penalty imposable- This is the range of penalty provided by law that can be imposed against an offender.
Ex. if the penalty is Reclusion Perpetua, the court may impose a lower penalty for that offense if there are attendant mitigating circumstances provided under the Revised Penal Code.
*What will determine the Jurisdiction of the court? Is it the penalty provided by law or penalty actually imposed by court?
- The penalty imposable or provided for by law and not the actual penalty, that the jurisdictions of the court in criminal cases is determined by the penalty imposable by law and not the ultimately imposed by the court.
The absence of any elements of criminal jurisdiction can be raised by the accused at any stage of the proceeding in the court below or an appeal
Jurisdiction over the Person of the Accused- This is acquired by arrest. If a person is arrested, he is placed in the custody of the law
“Only the law can vest jurisdiction over a subject matter to a court”
Jurisdiction over the subject matter can be raised even on appeal, while jurisdiction over the person of the accused must be timely interposed, otherwise it is deemed waived
Only a valid arrest will vest the court jurisdiction over the person of the accused. It means that of the arrest is unlawful or illegal then the court will not acquire jurisdiction over the person of the accused
Estoppel- you cannot question the jurisdiction of the court after you have invoked it by seeking affirmatively.
Criminal Action- Act of government or state in prosecuting a person for the commission of an offense or crime
How do you institute criminal action? File a complaint affidavit in prosecutor either provincial prosecutor or the office of the city prosecutor. If there are no city prosecutor, then you will file in provincial prosecutor
How do you know that a complaint can be directly filed in the first level court or if its need to filed before the office of the city prosecutor or provincial prosecutor? Look if preliminary investigation is needed, if needed you will file it at the OCP or OPP. If the offense does not require preliminary investigation, go straight to the court.
Prescription- you can only file a complaint within a certain period
Only the private offended party can institute or can file the criminal case.
Adultery (crime committed by the wife in case a wife will have sexual intercourse other than his husband) and concubinage (crime committed by the husband, have maintained a mistress in the conjugal dwelling, engaged in a sexual intercourse under scandalous circumstances)- Adultery can be only filed by the husband, in concubinage only the wife can file the case.
A sexual act is considered by jurisprudence as an act of pardon from the offended spouse. A consent will also extinguish a criminal offense
Desistance- the accused is withdrawing from the case, the accused is not interested anymore in the prosecution
Private prosecutor is allowed by the court as long as there is conformity or approval by the public prosecutor
Can the prosecutor withdraw the indictment? The prosecutor has the right to withdraw information before arraignment even without notice and hearing
CACERES, ALEXIS C.
3C1
Thank you po sir, for this topic and all the knowledge that I gained from this discussion. I've learned a lot about EFFECTS OF DEATH OF THE OFFENDED PARTY TO THE CRIMINAL ACTION- If prior to the filing of a case in court, a complaint was already filed by the offended party with the prosecutor, the death of the complainant will not be sufficient justification for the dismissal of the information. During the pendency of the case, the death of the complainant will not extinguish the criminal liability of the accused whether total or partial. Also on the PARTIES WHO MAY FILE A COMPLAINT FOR SEDUCTION, ABDUCTION, OR ACTS OF LASCIVIOUSNESS- The offended party, Parents of the offended party, Grandparents of the offended party, Guardian of the offended party. Lastly it will serve as my notes on this subject and it will help me a lot on my studies
PERIA, GAPCIE ROSE O.
3C4
Thank you sir!
In this lesson, I've learned that in criminal procedure
- Criminal Procedure is a manner or method by which violation of the law amounting to a crime is prosecuted in court. It’s provides for the process in prosecution , up to conviction or acquittal of the accused and it is remedial in nature.
- Remedial it provides how the act is to be punished and it’s provides a method, which a person accused of a crime is arrested tried and punished.
- Criminal Jurisdiction is the power of the court to hear and trial a case/ criminal case or offense then imposed the penalty for it.
Elements of Criminal Jurisdiction
1. Penalty Attached- the jurisdiction of a court in criminal cases is determined by penalty imposable, when it say penalty it was imposed by the law and not by the actual penalty imposed by the court or in other words the jurisdiction of a court in criminal case was determined in penalty imposable by the law and not the ultimately imposed by the court.
- Penalty imposable this is the range of penalty provided by law that can be impose against an offenders.
2. Nature of the offense charged.
3. Territorial Jurisdiction -That in criminal cases venue is jurisdictional, it is where the commission of the crime happened.
- In criminal case the complaint or the information, the criminal charge can only be filed in the place where the crime was committed.
Jurisdiction over the Subject Matter vs. Jurisdiction over the Person of the Arrested
• In Jurisdiction over the Subject Matter the authority of the court which derived from law.
- If the penalty imposable is more than 6 years meaning 6 years and 1 day imprisonment then you go filed a complaint in the regional trial court. If the offense will have an imprisonment of 6 years or less then you go file the criminal complaint before the first level court or the municipal trial court or metropolitan trial court.
• Jurisdiction over the Person of the Accused the authority of the court over the person of the accused is acquired by arrest.
- two modes, first in case of arrest & second in case of voluntary surrender.
Prosecution of Offenses Rule 110
- Criminal Action is the act of the government or the state in prosecuting a person for the commission of an offense.
Offense or Crime that cannot be Prosecuted De Officio
- These are crimes of Offenses which cannot be prosecuted except on complaint filed by the offended party of it the offended party is a minor, by the parents, grandparents or the guardian, also known as private crimes.
Exceptions: (Private Crimes)
1. Adultery and Concubinage
2. Seduction, abduction and acts of lasciviousness
3. Criminal actions for defamation imputing the above mentioned offense
Forteo, Leah M.
3C1
Good day Sir. In this video I've learned that:
• CRIMINAL PROCEDURE is a manner or method by which the violation of the law amounting to a crime is prosecuted in court, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused.
• CRIMINAL JURISDICTION is the power or authority of the court to hear and try a criminal case or offense and give the final judgement.
-- ELEMENTS OF CRIMINAL JURISDICTION:
1. Penalty attached
2. Nature of the offense charged
3. Territorial jurisdiction over the place of commission of the crime.
-- TWO (2) MODES BY WHICH JURISDICTION OVER THE PERSON OF THE ACCUSED ACQUIRED:
1. In case of arrest
2. In case of voluntary surrender
Thank you atty. I learn that in the law on criminal procedure it has the purpose of establishing the rules that shall be respected and strictly implemented in order to determine by law the existence of a crimnal offence, and also the different between the criminal jurisdiction over the accused and criminal jurisdiction over the subject matter. Additionally, in the criminal case must be memorize between in the Adultery, Concubinage, Abduction, Seduction etc. In criminal offense.
(Mea, Katherine Joy / 3C2)
3C2 SUAYAN, NIKKI B.
Done watching
Thank you, Sir! In this topic I’ve learned about: First) The criminal procedure which is a manner or a method, a process of conviction of the accused it provides the methodology of how the trial is conducted. It is also discussed about the imposing of penalty by the court. Second.) A criminal Jurisdiction where the court has the power to hear and try a criminal case or give punishment. The elements of criminal jurisdiction such as; penalty imposed by law, not by the penalty imposed by the court, nature of the offense where it must be considered by penal law to be a crime or offense before it falls under the jurisdiction of the court, and the territorial jurisdiction where the venue is the jurisdiction. Third is A criminal action is an act of the government or the state for prosecuting a person for the commission of an offense or crime. A criminal complaint is equaled to criminal action. Fourth is about Criminal complaints can directly file if there’s no need for preliminary investigation and if there’s a need for preliminary investigation will be subjected to go through the process. RTC required preliminary investigation. Lastly, is about the Private crimes such as; adultery & concubinages (only offended spouse may file a complaint), seduction, abduction, and act of lasciviousness (offended party, parents, grandparents, or guardian may file a complaint), and criminal actions (offended party, parents/guardians, ascendants or collated may file complaints).
DE CASTRO, WENDEL R.
3C1.
Thank you sir
In this video lecture I've learned regarding to the criminal procedure wherein it is the method or process of prosecution to conviction or aquital of the accused. Criminal Jurisdiction is the power of the court to hear the criminal case or offense.
Thank you sir . Done watching. In this video lecture I've learned a lot of knowledge especially in criminal procedure or how to prosecute a criminal. Criminal procedure provides the procedure on how to convict a criminals. From the time that the person accused in a crime, along with the trial in a court, the punishment to be imposed or either the person accused is being acquitted. The criminal jurisdiction, which is the power or the authority of the court to tried a cases and criminal jurisdiction elements. It also tackled in the lecture the jurisdiction over the subject matter which states that this jurisdiction of court is derived from the law while the jurisdiction over the person of the accused states that jurisdiction of the court may be acquired by consent of accused. Also how to institute a criminal action it must be filed with the office of the prosecutor or if the case didn't need preliminary investigation you must go directly in the court, the MTC or the MCTC. It also discuss there the effects of institution of a criminal action. Also it also tackled there about the private crimes, which filed only by private offended party or the private complainant. Only the private offended party can filed the criminal complaint. Those private crime provides by our penal legal systems are adultery and concubinage, seduction, abduction, acts of lasciviousness, and criminal actions for defamations imputing the aboved mentioned offenses. The parameters on who will filed those private cases. Also in addition the prescription of crime in instituting criminal actions. Pardon and consent have been also tackled in the video recorded lecture. Pardon means or refers to a past act on the other hand, consent refers to a future acts. I also remembered that it was stated there that pardon shall be given before the filling of a complaint, otherwise if the pardon give after filling the complaint it doesn't prohibit the continuance of ten prosecution of the offense. Additional, the control of prosecution and the prosecution of criminal actions.
Rivera, Mary Rose H.
3C4
Good afternoon Carl Lester L. Capuno of BS Criminology 3C4. In this video I learned all of these.
What is Criminal Procedure?
- it is a method prescribed by the law for prosecuting a person who is accused of any criminal activity.
What is Criminal Jurisdiction?
- it is the authority to hear and try a case and impose a punishment for it.
-3 elements:
a. penalty attached - it is determined by the penalty imposable, and not by the penalty ultimately imposed; b. Nature of the offense charged- must be considered by a penal law a punishing it. also, there's no crime unless there's a law punishing it; c. Territorial Jurisdiction- the venue is the jurisdictional and a criminal case can only be filed on a place where it is committed.
What is Criminal Action?
- it is an act or omission of one by which the state prosecutes a person.
- I've learned that filing of criminal activity has a prescription that shall only be interrupted when it was filed into the court but filing a complaint with the prosecutor or proper officer will not be interrupted the prescription period.
What are the Private Crimes?
-There are 3 private crimes
a. Adultery and Concubinage - in adultery only the wife can file it while concubinage, only the husband can file it.
b. Seduction, Abduction, and Acts of lasciviousness;
c. criminal actions for defamation imputing the abovementioned offenses
Done watching, sir. AVERION, DIANNE D.
3C4.
In this video recorded lecture, I've learned the Criminal Procedure is the manner or method by which violation of a law amounting to a crime is prosecuted in court. It also provides methodology, process of prosecution upto conviction or acquital of accused. Also, Criminal Procedure is remedial in nature, remedial means how the fact be punished.
I've also understand the Criminal Jurisdiction were this is the power of the court to hear or try a offensed and imposed a penalty and punished for it.
The elements of Criminal Jurisdiction
1. Penalty. It pertains penalty imposed by law not penalty imposed by court.
2.Nature of the offensed charged were must be considered by a penal law before considering as a crime
3.Territorial Jurisdiction the place of commission. It can be filed in a place where the crime committed.
Thankyou po sir!
3C4 BS CRIMINOLOGY
AREVALO, NIKKA BABES B.
Thank you, Sir! In this topic I’ve learned about:
1.) The criminal procedure which is a manner or a method, a process of conviction of the accused it provides the methodology of how the trial is conducted. It is also discussed about the imposing of penalty by the court.
2.) A criminal Jurisdiction where the court has the power to hear and try a criminal case or give punishment. The elements of criminal jurisdiction such as; penalty imposed by law, not by the penalty imposed by the court, nature of the offense where it must be considered by penal law to be a crime or offense before it falls under the jurisdiction of the court, and the territorial jurisdiction where the venue is the jurisdiction.
3.) A criminal action is an act of the government or the state for prosecuting a person for the commission of an offense or crime. A criminal complaint is equaled to criminal action.
4.) Criminal complaints can directly file if there’s no need for preliminary investigation and if there’s a need for preliminary investigation will be subjected to go through the process. RTC required preliminary investigation.
5.) Private crimes such as; adultery & concubinages (only offended spouse may file a complaint), seduction, abduction, and act of lasciviousness (offended party, parents, grandparents, or guardian may file a complaint), and criminal actions (offended party, parents/guardians, ascendants or collated may file complaints).
Bosinos, Benson R. 3C3
Thankyou sir for this video recorded lecture, it will serve as my guidance to gain knowledge and understand what Criminal Procedure, Criminal Jurisdiction, Criminal Action and the like talks about.
In Criminal Procedure I learned that it is a branch of procedural law containing rules concerning on how to punish people who violates the norms of criminal law. Criminal Procedures regulates the prosecutorial machinery, the structure of prosecution , pre trial procedure, bail, detention police power, sentencing and the like.
In Criminal Jurisdiction it is either public law or constitutional law that describe the power of court hear or tried a case brought by the state accusing the defendnt for the commission of crime.
In Criminal Action it idetify that it is a trial in which the innocence or guilt of the accused is determine. if the defendant found guilty for the commission of a crime he will be suffer for the punishment suitable to the crime charged against the defendant. If the defendant found not guilty the case will be dismissed and the defendant acquitted for the commission of a crime.
Private crime dealt upon the compalint filed by the aggrieved party to prosecute a person commit an offense.
Very clear explanation sir thank you for your live record
Good day sir Im jaymar c. Deos angeles
From 3c2.
Watchin this video i learned that only court has the power can give poweror jurisdiction over the subject matter and no private groups can change that jurisdiction over the matter.
Thank you sir
LAT, RONNEL Z.
3C3 BS - CRIM
Upon watching the uploaded lecture, I've learned that criminal procedure provides a manner or method by which the violation of the law constituting a crime was prosecuted in court. As mentioned earlier, criminal procedure also provides methodology of prosecution up to the conviction or acquittal.
Criminal Jurisdiction as I have learned in the video was the power of the court to hear and tried criminal offense and impose and punishment.
Aside from what is mentioned above, I have also gained knowledge regarding the elements of criminal jurisdiction.
We have here penalty attached, nature of offense charged and territorial jurisdiction over the place of commission of the crime. In the Penalty attached, the penalty impossable or provided by law will determine the jurisdiction of the court and not the actual penalty. Law may provide penalty but it is of to its highest degree while the court may impose a penalty lower compared to the law if mitigating circumstances are present. In the nature of offense, no matter how morally wrong an act was, if there's no law punishing it, the act will not constitute to a crime. While in territorial jurisdiction over rhe place of commission of the crime. " in criminal cases, venue is jurisdiction.
There are also instances that in case the court would not have rhe elements of jurisdiction, the accused challenged it. The issue may be raised according to the law at any stage of the proceedings in the court below.
Comparing the Jurisdiction over the subject matter and Jurisdiction over the Person accused.
Jurisdiction over the subject matter id therefore derived from the law. Only the law vest the jurisdiction while in the jurisdiction over the person accused, it can be acquired by means of two modes which is the arrest( lawful arrest) and voluntary surrender or appearance.
As a general rule
" Question of jurisdiction may be raised at any stage of the proceedings".
Exceptions
" The party raising the questions is guilty of estoppel or laches". means barred in taking inconsistent position.
RAFUSON, NIÑO C.
3C3
In this video lecture I learned that the criminal jurisdiction is the power of the court to hear and try a criminal case and also the elements of it. And if there are circumstances which mitigates the penalty the court can imposed a lower penalty.
Thank you sir!
In this lecture it helps me to gain more knowledge about the meaning of the Criminal Procedure and also to the elements of jurisdiction it may serve as my guide to help me to understand it. And I learn that criminal jurisdiction it talks about the authority of the court to hear and try a particular offense or impose the punishment for it. And it contains three elements first was the Penalty attached, Nature of the offense charged, Lastly the Territorial jurisdiction over the place of commision of the crime. And I also learned the difference between Pardon and Consent Pardon in Pardon it pertains to the past acts while the Consent Pardon it pertains on the future acts.
De Leon, Mark Kevin N.
3C4
Thankyou sir to this lecture, I've learned a lot in terms of Criminal Procedure, how they process and being use in court. Through this knowledge that you've given , I better understand the elements of Criminal Jurisdiction and how it's apply when the person was being arrested. This lecture gives me more knowledged to understand this subject. Thankyou sir.
Aguila, Mutya B.
3C2
LEONIDAS, JOANA MARIE M. (3C1)
This video helps me to understand that criminal procedure is the step by step process of a judgement. Criminal jurisdiction pertains to the power of the court to hear a particular cases that has an elements of jurisdiction that the penalty is attached so that the criminal jurisdiction is the power of the court. And in criminal action you can institute it to the prosecutor.
ENDONILLA, AVEGEL U.
3C2 BS Crim
Done watching it Sir. Well this video lecture can help me to understand and enhance my knowledge about criminal procedure. Thank you sir for this lecture. It will served as my notes for this discussion.
Well this video lectures tackled about criminal procedure, criminal jurisdiction, criminal action and private crimes. In which in this lesson, it tells about how to use or when is the jurisdiction be implemented in a court. The explanation between the difference of jurisdiction over subject matter and jurisdiction over person of the accused. Also tells what is criminal action and how it use to institute a criminal action or when filled a criminal action for the victims. How they filed a pardon and consent. And lastly, is about private crimes and effects of it by the offended party.
Rivera, Kayceline B. (3C3)
In this lecture, I was able to learned that criminal procedure is a process or a method that the law follows upon the arrest, prosecution, in trial and in conviction of a person who has been accused for violating a crime.
In terms of Criminal jurisdiction, it expanded my knowledge especially the elements of Criminal jurisdiction.
Good day sir !!
In this video lecture , I will learned what is Criminal procedure that defined a method prescribed by law for the apprehensions and prosecution of a person accused of any criminal offense and for their punishment.
And also the Criminal Jurisdiction that have a authority to hear and try a particular offense and impose the punishment for it. And also the jurisdiction over the subject matter and jurisdiction over the person of the accused. They defined also the Criminal Action . I will also learned about the Control of Prosecution.
Thank you !!
MARANAN, JAY MARK L.
3C3
SORIANO REUEL ROSH A.
BS CRIMINOLOGY 3C1
Thank you sir for this lesson, I learned so many things in this lesson. like criminal procedure, criminal jurisdiction, criminal action, and private crimes. Especially private crimes, I didn't know that adultery and concubinage must be filed only with the offended spouse.
Good afternoon Atty. I've already done watching your uploaded video lecture and I'd learned a lot about the Jurisdiction, the power and controls of prosecutors, the Private crimes which include Adultery and concubinage, Seduction, abduction and acts of lasciviousness, and also the Criminal action for defamation imputing the abovementioned offenses and the person who are liable in filing a complaint or information to the said private crimes. I also learned that Pardon is refers to the past acts and the Consent is about the future acts. The RA 7610 or Child abused those person may filed a complaints for RA 7610. I also remembered the different jurisdiction of court prescription from 1st level court to Supreme court. In additional, I also give point and attention on the prescriptive period of cases falling under the authority of the Lupon which is unaware for me about its prescription and I pointing out the importance of prosecutors in a Criminal action, which they conduct preliminary Investigation, and if the complaint no need to undergone in a preliminary Investigation it may be direct to the court like the MTC, Metc and MCTC.
Cabangon Marvin V.
3C1
YONGCO, HAZEL O.
3C4
Thank you attorney. After watching the video lecture, I have acquired knowledge on criminal procedure, criminal jurisdiction, criminal action, and the private crimes mentioned therein.
Criminal Procedure is a method prescribed by law for the application of persons accused of any criminal offense and for their punishment, in case of conviction. In this manner, this provides on how the act is to be punished in which the violation of the law is amounting to a crime to be prosecuted in court. Upon providing a method in which a person accused of crime is arrested, tried or punished, there is the need in determining where the criminal jurisdiction should be. Criminal Jurisdiction is defined as the authority to hear and try a particular offense and impose a punishment for it.
There are three element of criminal jurisdiction: First is the penalty attached wherein the jurisdiction of the court in criminal cases is determined by penalty imposable and not by the penalty ultimately imposed; second is the nature of the offense charged that must be considered by a penal law to be a crime before it falls under the criminal jurisdiction of the court; and third is the territorial jurisdiction over the place of the commission of the crime that considers venue as jurisdictional which means that the complaint or charge can only be filed in the place where it was committed or in other places where any of the essential ingredients of the crime have been committed. Aside from that, there are two modes in which jurisdiction over the person of the accused is acquired. First is in case of arrest and second is in case of voluntary surrender.
There's also the prosecution of offenses on rule 101 defining criminal action as one by which the state prosecuted a person for an act or omission punishable by law. The institution of criminal action as a general rule, interrupts the running of the period of the offense charge. It means that upon instituting the criminal action the period of time from which you should be filing the complaint will be interrupted. Other than that, there are crimes which cannot be prosecuted, identified as private crimes. Private crimes include adultery and concubinage, seduction, abduction and acts of lasciviousness and criminal actions for defamation imputing the above-mentioned offenses. In the case of subsequent marriage between the party and accused, even after filing the complaint, it will extinguish the criminal liability of the accused together with the co-principals, accomplice and accessories. Therefore, upon knowing all the necessary things needed in filing complaint together with its jurisdiction, it is important to know that the public prosecutor shall prosecute, direct and control all criminal actions commenced by a complaint or information.
In this video I've learned a lot especially to the topic criminal procedure and it's elements also procedure or method of investigation in person who is arrested untill his/her judgement.
BIANZON, EDMON M.
3C2
In this video lecture I've learned regarding to the criminal procedure wherein it is the method or process of prosecution to conviction or aquital of the accused. I also learned about criminal jurisdiction and it's elements wherein criminal jurisdiction are those courts have the power to hear and try a criminal case or offense and it's element are penalty attached, nature of offense and territorial jurisdiction over the place of commission of the crime. The criminal action is the act of government or the state in prosecuting a person for the commission of an offense of a crime.
Sir thank you sir
Thank you sir. Timbas Rio Vanessa M. from LSPU SPCC 3C2
i learned that criminal procedure is a remedial nature on how the act to be punished.
criminal jurisdiction is the power of the court to here thw case or try a case of an offense and to impose a punishment.
there 3 elements of criminal jurisdiction the first is penalty attached that the court hall determined the penalty to be imposed, second os nature of the offense and lastly is the territorial jurisdiction explains when the incident of the crime started you may file the case in the place it start.
In prosecution of offenses Rule 110
the criminal act is the act of the government or state in prosecuting of a person in an act or omission that punishable by the law.
Section 1 of Rule 110 was about institution of criminal actions on how you may file a complaints.
Section 4 of Rule 110 about the prescription period of cases falling under the authority of the lupon.
Section 5 of Rule 110 about the private crime it include the Adultery and concubinage, Seduction abduction and acts of lasciviousness and criminal actions for defamation impuying fhe above mentioned offenses.
sorry for late response.
DE OCAMPO, SARA ANGELUZ T.
3C2
The lesson that I've learned is Criminal Procedure basically this is the manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the process of prosecution up to conviction and in case of conviction the court will have to impose punishment. Also, criminal jurisdiction is the power of the court to hear and try a case not a criminal case and impose the punishing punishment for it.
Elements of Criminal Jurisdiction:
1. Penalty Attached - the jurisdiction of a court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed. (Guevarra v. Almodovar, G.R. No. 75256, January 26, 1989).
2. Nature of the offense charged.
3. Territorial jurisdiction over the place of commission of the crime. (which means that a criminal complaint can only be filed in the place where the crime was committed)
*The absence of any of these elements may be challenged by an accused at nay stage of the proceedings in the court below or on appeal. Failing to comply with anyone of them, the resulting judgement is void (Uy v. Court of Appeals, G.R. No. 119000, July 28, 1997)
ARNALDO, JOVEN O.
3C4
The lecture was emphasized and elaborated unlike in our previous law subjects wherein some parts of the discussion or the lecture was discussed but doesn't elaborated. I've learned that criminal procedure is a manner or method by which the violation of law is prosecuted in court and provides the methodology of prosecution. Criminal jurisdiction which court has the jurisdiction to hear and tried the case or offenses. Elements of Criminal Jurisdiction:
1. Penalty attached which the jurisdiction of a court to hear and tries.
2. Criminal case is determined by the:Penalty Imposable which the range of penalty is provided by law ; and
Not by the Penalty Ultimately Imposed which is not actually imposed by court. (e.g. penalty of reclusion perpetual)
3. Nature of the offense charged
4. Territorial Jurisdiction is a venue or place where the crime happened.
Theses elements of criminal jurisdiction can be challenges by the accused at any stage and at any time from lower court to the appeal.
In jurisdiction over the subject matter, when questioning if the court has the authority or power to tried the case then look for the provision of the law as it states where to properly filed a case. Furthermore, in jurisdiction over the person of the accused can be acquired by the law by consent or waiver of objection. It has two modes, first in case of arrest and second in case of voluntarily surrender.
Prosecution of Offenders Rule 110
Criminal Action is the act of the government or state to prosecute a person for an act of omission.
Offense or Crimes that cannot be Prosecuted De Officio
- these are the crimes or offenses which cannot be prosecuted except on complaint filed by the offended party and if it is a minor, by the parents, grandparents or guardian.
Private Crimes
1. Adultery crime committed by wife, the husband has the sole authority to file the case, while in Concubinage crime committed by husband the wife has the authority to file the case.
2. Seduction, abduction and acts of lasciviousness, it can be filed by parents, grandparents and guardian, also the victim can file it unless if she is incompetent or incapable.
3. Criminal actions for defamation
Pardon refers to past acts and
Consent refers to future acts, or yet to happen.
Done watching sir.
What is Criminal Procedure?
- it is a method prescribed by the law for prosecuting a person who is accused of any criminal activity.
What is Criminal Jurisdiction?
- it is the authority to hear and try a case and impose a punishment for it.
-3 elements:
a. penalty attached - it is determined by the penalty imposable, and not by the penalty ultimately imposed; b. Nature of the offense charged- must be considered by a penal law a punishing it. also, there's no crime unless there's a law punishing it; c. Territorial Jurisdiction- the venue is the jurisdictional and a criminal case can only be filed on a place where it is committed.
What is Criminal Action?
- it is an act or omission of one by which the state prosecutes a person.
- I've learned that filing of criminal activity has a prescription that shall only be interrupted when it was filed into the court but filing a complaint with the prosecutor or proper officer will not be interrupted the prescription period.
What are the Private Crimes?
-There are 3 private crimes
a. Adultery and Concubinage - in adultery only the wife can file it while concubinage, only the husband can file it.
b. Seduction, Abduction, and Acts of lasciviousness;
c. criminal actions for defamation imputing the abovementioned offenses.
CABALFIN, JOHN EDWIN C.
3C3
I learned the definition of the criminal procedure and how the process of criminal procedure was properly conducted.
Also the I also learned that the criminal jurisdiction was the power of the court to imply by the court in the case.
In the element of criminal jurisdiction I learned how case was filed determine by the penalty impossable by the law.
Another was where to do you filed a case depending where the crime was has been committed. In the topic of the Jurisdiction over the subject mater vs. Jurisdiction over the person of the accudes" I learned that the jurisdiction of the court was based on the law and depended on the accused when he/she arrested and voluntary surrender.
In the rule of 110, I learned how the process to filed of a criminal actions or criminal complaint. In the crime of the cannot be prosecuted de officio, I learned that private crime was must filed by the offended party.
I learned who can filed a case in seduction, abduction, and act of lasciviouness.
3c2 done watching sir .
I have learned that the criminal behavior is the process to follow upon to arrest, and I understand the elements of criminal jurisdiction and how it's apply when the who was arrested.
Good day po sir
In this video lecture, I gain more knowledge epsecially on How do we know in which court to file our complaint? The jurisfiction is determined by the penalty imposoble which means the range of the penalty provided by the law. Criminal Jurisdiction is the powerof the court to hear the cases and impose a punishment for it. Criminal procedure is a method by which the violating of the law amounting to a crime is prosecuted in court.
PANGANIBAN,JESSELE IRA V.
BS CRIMINOLOGY 3C2
LATAG, EROL JAY D.
3C2-BS CRIMINOLOGY
Thank you sir. For this lesson, I learned the meaning of:
Criminal Procedure-The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction.
Criminal Jurisdiction ·It is the authority to hear and try a particular offense and impose the punishment for it.
*The Elements of Criminal Jurisdiction
1.Penalty attached-The jurisdiction of a Court in criminal cases is determined by the penalty imposable, and not by the penalty ultimately imposed.
2.Nature of the offense charged.
3. Territorial jurisdiction over the place of commission of the crime.
I learned also the difference between the jurisdiction over the subject matter from jurisdiction over the person of the accused.
These are also known as private crimes.
Offense or crime that cannot be
Prosecuted De Officio
General Rule:
“All criminal actions initiated by complaint or information are filed by the
prosecutor”
Exceptions:
Private crimes which may only be prosecuted by a complaint filed by the private offended party;
1.Adultery and concubinage;
Offense or crime that cannot be
Prosecuted De Officio
Exceptions:
2. Seduction, abduction and acts of lasciviousness
3. Criminal actions for defamation imputing the abovementioned offenses
Menard L Mendoza 3c2.
Criminal Jurisdiction is the power of a court to hear and decide cases. In criminal law, it includes the power to impose punishment. Absent jurisdiction, convictions and court-ordered sentences are void.
DANILA, RODELYN C.
3C3
In criminal procedure, it is a manner or a method by which the violation of the law amounting to a crime prosecuted in court. It also provides the process of prosecution IP to the conviction of acquittal of a person who is accused. However, in case that the person will be convicted the court will imposed penalty OR punishment. When we say criminal procedure, it means how the act is to be punished and it provides a method of how a person arrested, tried, and punished.
In instituting a criminal action, it should be file(the complaint affidavit) in prosecutor OR in the office of provincial prosecution or in the office of city prosecutor. If there's no city prosecutor then it will be on the provincial prosecutor. Filling complaint must be on the proper officer for the preliminary investigation it is required. However not all complaint should be filed on prosecutor and gone through preliminary investigation, some cases does not need it and directly filed on court.
THANK YOU SIR!
GAPAZ, ANDREA G.
3C4
Good Afternoon sir, I've already done watching your uploaded video lecture which is the Criminal Procedure 1 and I'd learned a lot about CRIMINAL PROCEDURE- Its remedial provides how the act is to be published, and it provides a method by which a person accused or a crime is arrested, tried or punish. CRIMINAL JURISDICTION - It is the power to hear and try a particular offenses and impose the punishment for it. Elements of Criminal Jurisdiction such as (1). Penalty attached- The jurisdiction of a court in criminal case us determined by penalty imposable and not by the penalty ultimately imposed. (2). Nature of the offense charged. (3). Territorial jurisdiction over the place of commission of the crime. Difference between Jurisdiction Over The Subject Matter it is derived from the law it can never be acquired solely by consent of the accused. The objection that the court has no jurisdiction over the subject matter nay be made at any stage of proceeding and the right to make such objective is never waived.. And determined upon the allegations made in the complaint, irrespective of whether the plaintiff is entitled or not to recovered upon the claim asserted therein a matter resolved only after and as a results of the trial. While Jurisdiction over the person of the accused may be acquired by consent of the accused or by waiver of objection. If he fails to make his objection on time he will be deemed to have waived it. And it acquired voluntary appearance or surrender of the accused or by his arrest. Requires For Exercise of Criminal Jurisdiction: (1). Jurisdiction over the subject matter to which the proceeding in question belongs.-The power to hear and determined cases of general class offense, by virtue of the imposable penalty or its nature is one which the court is by law authorized to take cognizance of. (2). Jurisdiction over the territory- The offence must have been committed or any of its essential ingredients took place within jurisdiction of the court. It cannot be waived and where the place of the commission was not specially charged the place may be shown by evidence. (3). Jurisdiction over the person pf the accused-The person charged with the offense must have been brought to its presence for trial forcibly by warrant of arrest or upon his voluntary submission to the court. General Rule: "Question of jurisdiction may be raised at any stage of the proceeding" Exception: "The party raising the question is guilty of estoppels or lashed (Tijam v. Sibonghanoy, G.R. NO. L-21450, April 15, 1968)". Test to Determine Jurisdiction of the Court in Criminal Cases. (1). The geographical limits of its territory. (2). Determination by the allegations in the complaint or information not by the results of proof or by trial court appreciation of the evidence presented. (3). Determined by the nature of the offense and/or penalty attached there to and not what may be meted our after trial. (4). Determined by the law in force at the time of the institution of the criminal action and not the time of its commission. Once vested is CANNOT be withdraw. When Injunction may be issued to restrain Criminal Prosecution General Rule: "Injunction cannot lie restrain the commencement of a criminal action because public interest requires of society (Austilla v. PNB, G.R. No. L-51354, January 15, 1986)". Exeption: 1. To afford adequate protection to the constitution rights of the accused. PROSECUTION OF OFFENSE RULE 11. Criminal Action-One by which the State prosecutes a person for an act or omission punishable by law. Institution of Criminal Actions are instituted by: (1). Filing the complaint with the proper for the purpose of conducting the requisite preliminary investigation for offenses where a preliminary investigation is required. (2). For all other offenses by filing the complaint or information directly with the MTC and MCTC. or the complaint with the office of the prosecutor (Sec 1. Rule 110). For Metro Manila. And other chartered cities the complaint shall be filed with the prosecutor regardless of the imposable penalty (Sec 1 (b), Rule 110) while cases failing within the jurisdiction of the RTC are always commenced by information filed by prosecutor. Effects of institution of a Criminal Action. ° Direct filing of a complaint or information with the RTC or MeTCor other chartered cities. °There is no direct filing of an information or complaint with the RTC because its jurisdiction covers offences which require preliminary investigation. ° There is likewise no direct filing with the MeTC because in Manila including other chartered cities. As a rule the complaint shall be filed with the office of the prosecutor, unless otherwise provided by the charters. In case of conflict between a city charter and a provision. General Rule: "It interrupts the running of the period of prescription of the offense chrged (Sec 1, Rile 110) Note: Notably the abovementioned article (Art. 91 RPC), in declaring that the prescriptive period "shall be interrupted by the filing of the complaint or information does not distinguised whether the complaint is filed doe preliminary examination or investigation only ,or for an action on the merits.
Grabe dami kung natutunan...thank u sir
Done watching Sir.
Criminal Procedure this is the manner or method by which the violation of law amounting to a crime is prosecuted by court, and also remedial in nature wherein how the act to be punished.
Criminal Jurisdiction this the power of the court to heae and try a criminal case impose punishment for it.
Elements of Criminal Jurisdiction
1. Penalty Attached the jurisdiction of a court in criminal cases.
2. Nature of the offense charged the nature of offense must be cosidered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court.
3. Territorial Jurisdiction can only be filed in place where the crime was committed
Jurisdiction over the Subject Matter it is based on law, it cannot be acquired by solley by consent of the accused.
Penalty impossable is more than 6 years, meaning 6 years and 1 day of imprisonment in Regional Trial Court.
When the imprisonment is 6 years or less you can file criminal complaint before the first level court or the Municipal Trial Court.
Jurisdiction over the Person the court acquired jurisdiction over the person.
There are 2 modes
1. Incase on arrest
2. Incase on voluntary surrender
Private Crime
1. Adultery and Concubinage
2. Abduction, Seduction and of Acts of Lasciniousness
3. Criminal action for defamition imputting the abovementioned offenses.
Pardon vs Conncent
Pardon absolve the accused from liability.
Concent it is sufficient even if granted only to the offending spouse.
Parties who can give pardon only the offended spouse.
Eugerio, Necilyn A. (3-c4 BS Criminology)
Done Watching, sir OBRADOR, JUVY R. 3C4
Thank you sir. I've learned in this video recorded lecture, I've learned about the criminal procedure which define as a means or method prescribed by the law. Aside from that criminal jurisdiction was also tackled on the video recorded lecture it is the power of the court, or the authority to hear and try a particular offense.
I've also understood the elements of the criminal jurisdiction. The first element is the penalty attached, it is the penalty provided by the law and not ultimately imposed by court, the second element is the nature of the offense charged. The offense must be considered by a penal law to be a crime before it will fall into the criminal jurisdiction. And the third element is the territorial jurisdiction, which is the venue is jurisdictional.
Jurisdiction over the subject matter is derived from law and objection that the court has no jurisdiction over the subject matter maybe made at any stage of the proceeding and derived to make such objection is never wave. The law dictates, that's why you can still question the jurisdiction of the court over the subject matter.
Jurisdiction over the person of the accused maybe acquired by consent of the accused or by waiver of objection, there are two modes, first is in case of arrest and the second mode is incase of voluntarily surrender. Unlike in the jurisdiction over the subject matter, that can be made at any stage of proceedings in jurisdiction over the person it must be on time, if the person failed to do so the objection may be deemed wave.
Criminal action, one by which the state prosecutes a person for an act or omission punishable by law. We can file a complaint affidavit in the office of provincial or City prosecutor if theirs a need for preliminary investigation, but there are offenses that is directly to the Municipal trial court.
Thank you po Atty.Reyes for this topic. In Criminal Procedure, this is the key points I have
learned from video lecture:
* Criminal Procedure - it is a manner or method by which the violation of the law amounting to a
crime is prosecuted in court and it provides the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction the court will have to impose penalty or punishment.
* Criminal Jurisdiction - this is the power of the court to hear and try a criminal case or offense and imposes the punishment for it and the elements that is penalty, nature of the offense charged and the territorial jurisdiction.
* Jurisdiction over the subject matter - defines the court and defines its powers; Jurisdiction
over the person of the accused - is acquired upon either his apprehension, with or without warrant, or his submission to the jurisdiction of the court.
* Criminal Action - is the act of the government in prosecuting a person for the
commission of an offense/crime.
* The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws.
* The effect of the institution of the criminal actions on the period of prescription is It shall interrupt the running off the period of prescription of the offense unless otherwise provided for in special laws
* Rule doesn’t apply to violations of municipal ordinances and special laws-interrupted only by
the institution of the judicial proceedings for their investigation and punishment, while violations of municipal ordinances prescribeafter 2 months
* Private Crime
a. Adultery- adultery is committed by any married woman who shall have sexual intercourse
with a man not her husband and by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be subsequently declared void.
b. Concubinage- any husband who shall keep a mistress in the conjugal dwelling, or, shall
have sexual intercourse, under scandalous circumstances, with a woman who is
not his wife, or shall cohabit with her in any other place.
c Seduction - means enticing a woman to unlawful sexual intercourse by promise of marriage
or other means of persuasion without use of force.
d. Abduction- taking away of a woman from her house or the place where she may be for the
purpose of carrying her to another place with intent to marry or to corrupt her
e. Acts of lasciviousness - the act of making a physical contact with the body of another
person for the purpose of obtaining sexual gratification other than, or without
intention of, sexual intercourse.
f. Defamation - speaking of base and defamatory words which tend to prejudice
another in his reputation, office, trade, business or means of livelihood.
MITRA, ANDREA MAE E.
3C4
ANDAL, JAKELIMUEL L.
3C4
I learned that criminal procedure provides the methodology/process of prosecution up to conviction or acquittal of the accused.
I also learned that Criminal jurisdiction is a power of the court to hear and try the offense and there are elements of criminal jurisdiction which are the:
1. Penalty attached that means knowing on which level of court you must complaint, and the phrase "determined by the penalty imposable, and not by the ultimately imposed" means that the court may give a lower penalty due to the presence of some mitigating circumstances.
2. Nature of the offense should be considered by a penal law to be a crime or offense before it will fall in criminal jurisdiction of court.
3. Territorial jurisdiction over the place of commission of the crime, I learn that this means that the complaint should be file in the place where the crime was committed.
In addition, the jurisdiction over the person accused has two modes, first is the arrest while the second one is the voluntarily surrender of the accused.
OLIQUINO, JOSHUA O.
3C4
Thank you sir for the knowledge acquired. I learned a lot such as definitions of criminal jurisdiction, the elements of criminal jurisdiction, and different general rules and exceptions in legal process for apprehending, prosecuting, and punishing those suspected of criminal offenses.
PRIOL, DARWIN J. 3-C2
Thank you Atty. This video lecture will serve as my guide notes, and it will greatly improve my understanding about Criminal Procedure.
Thank you sir for reminding us our past lessons, through these video lecture you widen our knowledge. This will serve as our notes.
You clearly explain the definition of criminal procedure and the penalty, also you stated the definition of penalty impossable ( it is the range of penalty provided by law that can be imposed against an offender.
I also learned again the jurisdiction over the subject matter and the jurisdiction over the person of the accused.
Also the requisites for exercise of criminal jurisdiction under the general rule.
Also you can file a complaint as long as the especial ingredients took place therein, -atty.-
The criminal offenses (Criminal Action - act of the gov't or the state in prosecuting a person for the commission of an offense.( criminal complaint)).
It will serve as our reviewer when the time of our review for board exam will come.
THANK YOU!!!
CALAGO, RESSA A. 3C1
Javier, Kayce R. (3C1)
This served as my notes during the virtual discussion.
SUMMARY
CRIMINAL PROCEDURE
It means the methodology or process of prosecution up to conviction or acquital of the accused. Regarding to conviction the court impose penalty or punishment. It is remedial in nature which means how the act is to be pusnished and provides method by which a person accused is arrested, tried or punished.
The rules on criminal procedure provide for a methodology for which a personal accused of a crime is arrested, tried and punished.
CRIMINAL JURISDICTION
Power of the court to hear and tried a criminal case or offense and impose punishment for it.
ELEMENTS OF CRIMINAL JURISDICTION
1. Penalty attached
2 Nature of the offense charged. There is no crime unless there is law punishing it. It must be considered by penal law to be a crime or offense before it may fall under the criminal jurisdiction of the court.
3. Territorial jurisdiction over the place of commission of the crime. Venue is jurisdictional. The complaint can only be filed in the place where the crime was ommitted.
JURISDICTION OVER THE SUBJECT MATTER VS. JURISDICTION OVER THE PERSON OF THE ACCUSED
Over the subject matter:
- authority of court derived from law. It is the law which grant jurisdiction over the court. ( May kapangyarihan ba ang hukuman na litisin ang kaso) you should look at the provision of the law.
Jurisdiction over the person of the accussed:
- acquired by court by consent or by waiver of objection. Acquired by arrest. The court acquired jurisdiction over the person.
If the accused has objection it must be filed timeliness. It must timely interposed. If the accussed fails to object in time he will be deemed waived.
Two modes of person over jurisdiction is acquired:
1. In case of arrest
2. In case of voluntary surrender
REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION
1. Jurisdiction over the subject matter to which the proceeding in question belongs.
2. Jurisdiction over the territory. The complait can be filed anywhere as ong as its essential ingredients tooks place within the territorial jurisdiction of the court.
3. Jurisdiction over the person of the accused. The court wil not acquire jurisdictionover the person of the accused in case there is no arrest or no voluntary surrender. Only valid arrest will vest jurisdiction over the person of the accused. If the arrest made in violation of the constitution or unlawful then the court wil not acquire jurisdiction over the person of the accused.
GENERAL RULE AND EXCEPTIONS (read article about Tijam v. Sibonghanoy)
TEST TO DETERMINE JURISDICTION OF THE COURT IN CRIMINAL CASES
1. The court has geographical limits of its territory. (example: if the offense is committed in Pasay then it has the jurisdiction over the case) Trial courts has only geographical limits.
PROSECUTION OF THE OFFENSES RULE 110
Criminal Action - act of the government or state in prosecuting a person for the commission of an offense or a crime. If the crime is ommitted then the state constitute a complaint in court where it called a criminal action.
How to institute criminal action?:
1. File a complaint affidavit to the office of provincial prosecutor or the office of city prosecutor
2. For other offenses it filed directly with the MTC and MCTC, or the complaint with the office of the prosecutor. ( There is cases were preliminary investigation is not necessary you go straight to the court).
Note: If the complaint was filed in RTC it is automatic that the case sahll be filed with the prosecutor.
PRESCRIPTIVE PERIODS OF A CASES FALLING UNDER THE AUTHORITY OF THE LUPON
- The complaint must goes first to the barangay ( Lupong Tagapamayapa) and if the complaint was not fixed the barangay will give receipt of the certificate of repudiatio or certificate to file action.
OFFENSE OR CRIME THAT CANNOT BE PROSECUTED DE OFFICIO
Public crime - there is no private offended party ( example in violation of RA 9165 ) *there is no civil liability
Private crime - it is not allowed to filed cases without the participation of private offended party.
Private crime:
adultery (crime committed by wife) and concubinage (crime committed by the husband)
Seduction, abduction and acts of lasciviousness
Criminal actions for defamation imputing the abovementioned offenses
PARDON VS CONSENT
Pardon
- past acts
Consent
- future acts
ENDONILLA, AVEGEL U.
3C1
Thank you Sir. this video lecture help me to understands on how the ciminal procedure being process, it tackles about...
CRIMINAL PROCEDURE
-The legal procedure for apprehending and prosecuting people accused of criminal offenses, as well as for punishing them if they are found guilty.
-It's remedial because it explains how an act will be punished and how a person accused of a crime will be arrested, tried, and punished.
CRIMINAL JURISDICTION
-Refers to a court's authority to hear and try a specific offense and impose punishment for it. In a criminal case, the court has the authority to hear and try the case, as well as to impose a penalty.
-Jurisdiction over the subject pertains to the court's authority, which is derived from law, and it cannot be obtained solely through the accused's consent.
-The court may acquire jurisdiction over the accused's person through consent or waiver of objections. There are two methods for acquiring jurisdiction over the accused's person. The first is in the event of arrest, and the second is in the event of voluntary surrender.
CRIMINAL ACTIONS
-Criminal actions are instituted for offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the preliminary investigation. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.
PRIVATE CRIMES
-Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Example of private crimes is adultery, concubinage seduction, and any act of lasciviousness, and criminal actions for defamation imputing the above mentioned offense.
DONE WATCHING
COSICO, ANGELICA M. 3C1
THANK YOU SIR I HAD LEARN THE DIFFERENT ELEMENT OF CRIMINAL JURISDICTION AND THERE MEANING LIKE THE PENALTY ATTACHED THAT WILL BE BASED ON THE LAW , THE NATURE OF THE OFFENSE CHARGED AND THE JURISDICTION OF THE COMMISSION OF THE CRIME
JOHN ROMNIEL M. ROBLES
3C3
I've learned that criminal procedure is the manner prescribed by law in which shows the process of prosecution of an accused. How the trial should be done and what penalty should be imposed also tackled in this video lecture. Criminal jurisdiction was clearly discussed including its elements the penalty attached, nature of the offense charged and territorial jurisdiction. The absence of its elements can be challenged by the accused at any stage of the proceedings. The video lecture also emphasized the difference of Jurisdiction over the Subject Matter and Jurisdiction over the Person of the Accused. In Jurisdiction over the Subject matter it can never be acquired solely by consent of the accused while Jurisdiction over the Person of the accused may be acquired by consent of the accused or by waiver of objections but if he fails to make his objection on time, he will be deemed to have waived it. Also the 3 Requisites for Exercise Criminal Jurisdiction was discussed the Jurisdiction over the subject matter, Jurisdiction over the territory, and Jurisdiction over the person of the accused. The general rule was "Questions of jurisdiction may be raised at any stage of the proceedings but if the party is guilty of estoppel or latches they cannot and this is the exception. Criminal action is prosecuting a person for an act he or she have done which was punishable under the law. The criminal actions was instituted by filing complaints in prosecutor officer its either in City or provincial depends upon the location of the person who will file the complain. In filing a complain there are only few person than can file a complain specifically if the crime committed was private crime. Under this crime was adultery, concubinage, seduction, abduction, acts of lasciviousness and criminal action for defamation. In concubinage or adultery only the offended spouse can file it while in seduction, abduction or acts of lasciviousness the offended party, parents, grandparents, or guardian of the offended party may file the complaint. In R. A 7610 the persons who may file a complaint may be the offended party, parents or guardian, ascendant or collateral relative within the third degree of congsaguinity, officer, social worker or representative of a licensed child caring institution, officer or social worker of the DSWD, Barangay Chairman or atleast 3 concerned, responsible citizens where the violation occurred. The difference between pardon and consent is that pardon is refers to past acts and absolve the both offenders from a liability while consent refers to future acts that absolve the accused from liability, it is sufficient even if granted only to the offending spouse. The pardon should be given before filing a complaint in order to have an effect to prohibit the continuance of the prosecution of the offense.
Done watching Sir, I learned that a criminal procedure was a method that is prescribed by the law for the apprehension and prosecution of the persons accused of any criminal offense and for the punishment in case of the conviction and it is also a remedial that provides how the act is to be punished and it provides a method by which a person accused of crime is arrested.
In the Criminal Jurisdiction, it was stated that it is a power or the authority of the court to hear and to try a particular offense and impose a punishment to it. It has three elements:
a. The penalty attached which means that a jurisdiction of a court in criminal cases is determined by the penalty imposable(range of penalty) not by the penalty ultimately imposed.
It was said that the RTC, MTC and other Trial Courts are being heard depending on the penalty being violated.
b. The Nature of the Offense which clearly said that if there is no law there is no crime or if there is a crime there is a law lastly;
c. The Territorial Jurisdiction or the Territoriality which clearly explained that the court has the power to hear when the crime has been committed in the place. Or simply where the crime has been committed the court in the commission of crime must hear it.
In the Criminal Action it is stated that it is the act of the government to prosecute a person to the offense committed.
3c3
Thank you Sir, this lecture will serve as my notes and it helps me a lot to understand the meaning of Criminal Procedure. It also helps me to know the elements of jurisdiction and learn that Criminal Procedure are the steps or the process on what will happen to the person being arrested until the final judgement.
Arbiso, Arvie D.
3C4
BANAYO, LEO U.
BS CRIMINOLOGY 3C2
Good day Sir!
According to the definition of the term Criminal Procedure by Herrera (2007) and Pamaran (2010), I have learned that criminal procedure is a method prescribed by law for the apprehension and
prosecution of an individual that is accused of a particular criminal offense and for the punishment in case of its conviction. Also, this remedial is defined as it provides how the act is to be punished and provides a method by
which an individual accused of a crime is arrested, tried, and punished.
Additionally, in this part of the lesson, the term Criminal Jurisdiction is defined as it serves as the authority of the Court to hear and under a trial a certain offense and to impose
the punishment that is equivalent to its act and degree. I also attain in this lesson that a penalty is imposed upon the punishment which is an element of criminal jurisdiction. Then, the other elements are the nature of the offense charged which talks about if an act is considered
by law as a crime then it will not be considered as a crime the nature of the offense must be considered by a penal law to be a crime or offense before it will be addressed under the criminal jurisdiction of the court. Lastly, the territorial jurisdiction over the place of commission of the crime pertains that can only be filed in the place
where the crime was committed or to the place of events where the essential ingredients of the crime take place.
Criminal Action was tackled and I've learned that this pertains to the action done by an individual or group which compromises or is punishable by the statutes or laws. in connection with this, the complaint must be filed to the proper officer and a preliminary investigation is a must.
Lastly, Private Crimes refer to a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, concubinage seduction, and any act of lasciviousness.
Thank you Sir and God bless po!
CALONGCALONG, CRISTIANTIE MARIE L. 3C3- BS CRIMINOLOGY
After watching the video i learned the importance of criminal procedure to adhere the equality and justice in convicting a criminal. This procedure take place first on the criminal jurisdiction which defined the power of the court take place, the amount of penalty to be imposed to specific offense and the venue of jurisdiction. In determining the jurisdiction of the court in criminal cases there is always a limit which the georaphical territory take place (trial courts). Additionally, the action of the states in prosecuting an act or ommision that is punishable by law and what are the steps or procedure in filling a case also the presciptive periods of cases. Moreover, it explained the scope of criminal procedure in private crimes on how it was prosecuted.
-Thankyou po sir
SABIDURIA, NIMFA A.
3C3
Done watching sir!
What I learned in this video lecture is the concept of criminal procedure in which it covers the systematic procedure on the apprehension and prosecution of a person accused of any criminal offenses. This procedure will determine whether the person accused will be convicted nor acquitted, and in case of conviction the court shall inflict the punishment. On the other hand criminal jurisdiction is the power of the court to hear and try a criminal case and imposed punishment thereof.Furthermore, elements of criminal jurisdiction must be present at all times for judgement be rendered accordingly. Hence, if absence of any of these elements the resulting judgement will be void.
Thank you sir!
RAMOS DANIEL R.
3C4
SUMMARY
Criminal Procedure, in this topic I learned that criminal procedure from the word itself criminal procedure it pertains to the process on how to apprehend and prosecute properly and orderly a person who violate a certain laws in our country whereby the rights of the accused should be respect. With regards to conviction the court imposes penalty or punishment. In a simple sense criminal procedure it talks about the CJS or Criminal Justice System of the country which compose five pillars such as law enforcement, prosecution, court, correction and community.
Criminal Jurisdiction, in this topic I learned that Criminal Jurisdiction meaning it talks about the authority of the court to hear and try a particular offense and impose the punishment for it. In addition, the three elements of criminal jurisdiction namely; Penalty attached, Nature of the offense charged. There is no crime if there is law punishing it. It must be considered by penal law to be a crime or offense before it may fall under the criminal jurisdiction of the court. Lastly, territorial jurisdiction over the place of commission of the crime, Venue is territorial unit. Likewise the complaint can only be filed in the place where the crime was committed or omitted. Jurisdiction Over the Subject Matter versus Jurisdiction Over the Person of the accused over the subject matter states the authority of court derived from law further It is the law which grant jurisdiction over the court. For example: Is the court has power to litigate a case? First we should look at the provision of the law. And the Jurisdiction over the person of the accused means acquired by court by consent or by waiver of objection. Furthermore the court acquired jurisdiction over the person if the accused has objection it must be filed timeliness. It must timely interrupt. But in cases if the accused fails to object in time he will be deemed waived. Wherein Two modes of person over jurisdiction is acquired: First, In case of arrest and Second In case of voluntary surrender however the requisites for the exercise of criminal jurisdiction it must have the following: 1. Jurisdiction over the subject matter to which the proceeding in question belongs. 2. Jurisdiction over the territory the complaint can be filed anywhere as long as its essential ingredients took place within the territorial jurisdiction of the court. 3. Jurisdiction over the person of the accused. The court will not acquire jurisdiction over the person of the accused in case there is no arrest or no voluntary surrender. Thus, only valid arrest will vest jurisdiction over the person of the accused. If the arrest made in violation of the constitution or unlawful then the court will not acquire jurisdiction over the person of the accused. However as a general rule and exceptions (read article about Tijam v. Sibonghanoy) in order to test and to determine jurisdiction of the court in criminal cases 1. The court has geographical limits of its territory. For example: if the offense is committed in Pasay then it has the jurisdiction over the case) Trial courts has only geographical limits.
Criminal Action, in this topic I learned that criminal action is one by which the state prosecutes a person for an act or omission punishable by law. Thus, a criminal action is commenced by the filling of the complaint with the City or Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action for the crime committed within Mtro Manila, may be commenced only by filing the complaint with the Prosecutor’s Office (Section 2, Prosecutor’s Manual). Likewise, there is cases were preliminary investigation is not necessary you go straight to the court. Note: If the complaint was filed in RTC it is automatic that the case shall be filed with the prosecutor. Within the Prescriptive Periods of a Cases Falling Under the Authority of the Lupon - The complaint must goes first to the barangay ( Lupong Tagapamayapa) and if the complaint was not fixed the barangay will give receipt of the certificate of repudiatio or certificate to file action. Offense or crime that cannot be prosecuted De Officio Public crime means there is no private offended party, For example in violation of Republic Act No. 9165 also known as the Comprehensive Dangerous Act of 2002 there is no civil liability Private crime - it is not allowed to filed cases without the participation of private offended party. Private Crime: Adultery (meaning crime committed by wife) and concubinage (meaning crime committed by the husband) Seduction, abduction and acts of lasciviousness Criminal actions for defamation imputing the abovementioned offenses.
PARDON VERSUS CONSENT PARDON, in this topic I learned the difference between the two, when we say pardon it pertains to the past acts while Consent Pardon on the other hand it pertains to the future acts.
ZARZUA, KYLR CHRISTIAN DOMINIQUE R.
3C2
DONE WATCHING SIR
In this video I learned what criminal jurisdiction is. Criminal Jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. The elements of Criminal Jurisdiction are Penalty attached, Nature of the offense charged, and the Territorial jurisdiction over the place of commission of the crime. Furthermore I also learned in this video about the criminal procedure and it is a manner or method by which the violation of the law amounting to a crime is prosecuted in court, it provides for the methodology or the process of prosecution up to conviction or acquittal of the accused. In addition to this I also learned that criminal action refers one by which the State prosecutes a person for an act or omission punishable by law.
I also learned that private crimes is a crime that is addressed if the aggrieved party filed a complaint to the authority. Example of private crimes is adultery, seduction, concubinage, and any act of lasciviousness
BARWEL, ANGELO V.
LSPU-SPCC BS CRIMINOLOGY 3-C3
In this video lecture, I learned the definition of the Criminal Procedure and how it works in our Criminal Justice System, as it provides methods on how a person accused of a crime is arrested, tried, or punished. It also provides procedures in cases that a person accused of a crime is convicted. Another one is the Criminal Jurisdiction wherein it pertains to the power of the court to hear and try a particular case covered by its jurisdiction. This could be determined through penalty attached, nature of the offense charged, and the territorial jurisdiction where the crime is committed. In cases that the court does not possess any of the elements provided or there is any absence on any of those elements, it may be challenged by the accused. Failure of the court to comply on any of those elements will result to the total nullity of the judgment that will be rendered. Another one is the Institution of Criminal Actions, which is commenced by filing a complaint for the purposes of conducting preliminary investigation if the offense requires. It is also stated therein the instances on how complaint is filed. Thank you so much Attorney.
FERNANDEZ,JOHN PHILIP G. 3C1
THANK YOU ATTY!
I learned about that in the private crimes only the offended party can institute of file the criminal complaint.
Those are we called offenses or crime that we cannot be prosecuted de officio. As the general rule all criminal actions initiated by complaint or information are filed by the prosecutor that the exeptions into tthis rule is about the private crimes which may only prosecuted by a complaint by the private offended party which those offenses that under on our penals for example adultery and concubinage that it was between husband and wife.
In this lecture, I’ve learned that criminal procedure is the process or approach that the law follows upon the arrest, prosecution, trial, and conviction of an accused of an offense that has been taken place. I have learned in criminal jurisdiction is the right of the court to hear and attempted an offense dedicated by way of a person and imposed punishment equal to the offense that has been committed. Further, the jurisdiction is decided with the aid of the penalty imposable, which means the range of the penalty provided by law that may be imposed in opposition to an offender. The other was the nature of the crime, in which the penalty became primarily based on the nature of the crime committed. The nature of the offense should be considered as a penal law before it will fall under the criminal jurisdiction of the court.
The jurisdiction over the subject matter pertains to the authority of the court which derived from the law, it can never be applied solely by consent of the accused, we need to look from the provision of the law, the law will tell you if the offense can be filed on whether the Municipal Trial Court or RTC. If the law fails to specify which court should have the jurisdiction of the offense you need to look at the penalty imposable if the penalty imposable is more than six yrs. and one day the case should be filed in the regional trial court, while if the penalty imposable is six yrs. or less the case can be filed in the Municipal Trial Court. And person accused has differences in which the jurisdiction over the subject matter was provided by law. On the other hand, the jurisdiction over the person accused can be.
Private crimes- cannot be filed in court unless there's a complaint filed utilizing the private offended party. In private crimes, only the private offended party can institute or report the complaint.
Adultery- offense or crime dedicated by the wife in case the spouse has sexual intercourse with a person other than her husband. The husband can file the complaint.
Concubinage - against the law committed through the husband, he has maintained a mistress within the conjugal dwelling, engaged in sexual intercourse underneath scandalous circumstances, or even maintained the concubine inside the family home. Only the wife can file the complaint.
VIOLANDA, VENUS M.
3C2- BS CRIMINOLOGY
TIGUELO, CRISLEAN M.
3C2 BS CRIMINOLOGY
Good Day Sir! I recently learned, jurisdiction refers to the courts' ability to hear matters that have been brought before it. I also discovered that the legislation's punishment rather than the penalty itselt can be utilized to determine the case should filed in a lower court or higher court.
Done Watching! Del Mundo, Shaina d. 3C4
Criminal procedure- this is the manner or method by which the violating of the law amounting to a crime is prosecuted in court.
-remedial in nature provides for the methodology by a person accused of a crime is arrested, tried or punished.
Criminal jurisdiction- this is the power of court to hear and try a criminal case or offense and impose of the punishment.
Elements of criminal jurisdiction
1. Penalty- determined by the penalty imposable and not by the penalty ultimate imposed. The jurisdiction of the court by the penalty imposable.
2. nature of the offense charged.
3. territorial jurisdiction over the place of the commission of the crime. Territoriality venue is jurisdictional
Failing to comply of the anyone of them, the resulting judgement is nullity or void.
Jurisdiction over the subject matter- is derived form the law. It can never be acquired solely by consent of the accused. It is the law who will grant the jurisdiction of the court.
Jurisdiction over the person of the accused- Acquired by consent or waiver from the court.
2 modes by which jurisdiction over the person of the accuse acquired.
1. In case of arrest
2. In case of voluntary surrender
Can you question the jurisdiction over the subject matter? Yes, because jurisdiction over the subject matter is determine or derived from the law.
This video show us the series of action conducted in crime or offense.
Leuterio, John Paul O.
BSCRIMINOLOGY 3C4
The following are my summarization in each question:
LIST OF TOPICS:
What is Criminal Procedure?
- It is the manner by which the violation of law amounting to a crime is prosecuted to a court, it also provides the methodology or the process of prosecution up to conviction or acquittal of the accused.
-it also provides for the methodology by which a person accused of a crime is arrested, try and punished.
What is Criminal Jurisdiction?
-it is the power of the court to hear and try a criminal case also imposing the punishment for it. Also, it is consists of elements of jurisdiction which are a penalty, it can be determined by the penalty imposable. The nature of the offense charged should be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court. and Territorial jurisdiction, the complaint can be filed in the place where the crime was committed or any places where any of the essential ingredients of crime have been committed.
What is Criminal Action?
-is an act of the government or the state prosecuting a person for the commission of an offense.
How Do You Institute of Criminal Action
-You can complain a complaint affidavit from the prosecutor.
-Directly in the first level court for the complaint with the office of the prosecutor.
What are Private Crimes?
- also called as prosecuted de officio, under our penal legal system there are certain offenses in which can be only filed by the private offended party as of Adultery and concubinage, seduction, abduction, and acts of lasciviousness, and criminal actions for defamation imputing the abovementioned offenses.
Leuterio, John Paul O. 3C4
The following are my summarization in each question:
LIST OF TOPICS:
What is Criminal Procedure?
- It is the manner by which the violation of law amounting to a crime is prosecuted to a court, it also provides the methodology or the process of prosecution up to conviction or acquittal of the accused.
-it also provides for the methodology by which a person accused of a crime is arrested, try and punished.
What is Criminal Jurisdiction?
-it is the power of the court to hear and try a criminal case also imposing the punishment for it. Also, it is consists of elements of jurisdiction which are a penalty, it can be determined by the penalty imposable. The nature of the offense charged should be considered by a penal law to be a crime or offense before it will fall under the criminal jurisdiction of the court. and Territorial jurisdiction, the complaint can be filed in the place where the crime was committed or any places where any of the essential ingredients of crime have been committed.
What is Criminal Action?
-is an act of the government or the state prosecuting a person for the commission of an offense.
How Do You Institute of Criminal Action
-You can complain a complaint affidavit from the prosecutor.
-Directly in the first level court for the complaint with the office of the prosecutor.
What are Private Crimes?
- also called as prosecuted de officio, under our penal legal system there are certain offenses in which can be only filed by the private offended party as of Adultery and concubinage, seduction, abduction, and acts of lasciviousness, and criminal actions for defamation imputing the abovementioned offenses.
Done watching sir,than you sir
SEMPIO JOSE MARI C 3C3
In this lesson i learned what is the main function of criminal procedure that it's an investigation conducted to determine whether someone is probably guilty of a crime and should be held for trial. And also the criminal jurisdiction that means having a authority of court to hear and determine cases ,and also the three elements of Criminal jurisdiction which are :
Nature of the offense.
Authority of the court to impose the penalty imposable given the allegation in the information.
Territorial jurisdiction of the court imposing the penalty.
And also what are the crimes committed by married couple that having an affair with other individuals which are concubenage that means the cime committed by a husband and should be charged together with the other woman or concubine and also adultery refers to a consensual sexual relationship or encounter between someone who’s married and a person they’re not married to (who may or may not be married to someone else)
I've learned that Criminal procedures are in place to ensure that all defendants are granted due process and that their constitutional rights are upheld. The Miranda warning is probably one of the most well-known cases of criminal procedure protecting constitutional rights. And also the elements of Criminal jurisdiction such as *Nature of the offense.
*Authority of the court to impose the penalty imposable given the allegation in the information.
*Territorial jurisdiction of the court imposing the penalty.
SOLIS, JHESYL L.
3C4 BS CRIMINOLOGY
Caponpon, Ellien H.
3C3- BS CRIMINOLOGY
Done watching and Thankyou sir! I've learned a lot in this lecture like the meaning of the Criminal Procedure, Criminal Jurisdiction and Criminal Actions. Also I clearly understand the lecture that related in our subject.
LANDICHO, NEIL (3C2 BS CRIM) Thankyou sir I understand the Criminal Procedure and its Elements of Criminal Jurisdiction.
COMIA, MICHELLE P.
3C2
Thank you very much, sir. I learned about criminal procedure in this video recorded lesson, which is defined as a means or method authorized by the law. Aside from that, the video recorded lecture also addressed criminal jurisdiction, which is the power of the court, or the ability to hear and try a specific offense.
I'm also familiar with the criminal justice system's components. The first part is the penalty imposed, which is determined by the law rather than by the court, and the second is the nature of the offense charged. Before falling under the criminal jurisdiction, the offense must be considered a crime by a penal statute. The geographical jurisdiction is the third component which is the venue is jurisdictional.
Jurisdiction over the subject matter is derived from law, and an objection that the court lacks jurisdiction over the subject matter can be raised at any point throughout the proceedings, and the right to raise such an objection is never waived. Because the law demands, you can nonetheless contest the court's jurisdiction over the subject matter.
The accused's consent or waiver of objection may be used to obtain jurisdiction over his or her person. There are two modes of acquisition: the first is in the case of arrest, and the second is in the case of voluntary surrender. Unlike jurisdiction over the subject matter, which can be exercised at any point of the proceedings, jurisdiction over the person must be exercised promptly if the person has failed to comply.
ANDA, MARIFER H.
3C3
Done watching part 1
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment in case of conviction (Herrera, 2007; Pamaran, 2010).
Criminal procedure, this is the manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction, the court will have to impose penalty or punishment.
Criminal jurisdiction is the authority of the court to hear and try a particular offense and impose the punishment for it. (People vs. Mariano, GR. No. L-40527, June 30, 1976).
Jurisdiction of the court is the penalty provided by law or the penalty actually imposed by court.
Thank you po sir.
DAGUIMOL, JAY ANNE A. BS CRIM 3C2
Criminal Procedure is basically a manner or method by which the violation of the law amounting to a crime is prosecuted in court. It provides for the methodology or the process of prosecution up to conviction or acquittal of the accused, in case of conviction the court will have to impose penalty or punishment.
Criminal Jurisdiction is the authority of the court to hear and try a particular offense and imposed the punishment for it.
- The jurisdiction of the court to a case is determined by the penalty impose.
Elements of Criminal Jurisdiction
1. Penalty attached - The Jurisdiction of a court in criminal cases is determined by the penalty imposable and not by penalty ultimately imposed.
How do you know that the case or the criminal offense is to be filed in the lower court, first level court or in the second level court?
Is when the Jurisdiction is determined by the penalty imposable. Penalty imposable is the range of penalty provided by law that can be imposed against an offender.
2. Nature of the offensed charged- There is no crime if there is no law punishing it. The nature of offense must be considered by a penal law to be a crime of offense before it will fall under the criminal Jurisdiction of the court.
3. Territorial jurisdiction over the place of commission of the crime. In criminal cases Venue is jurisdictional.
Elements of Criminal Jurisdiction
The absence of any of these elements may be challenged by an accused at any stage of the proceedings in the court below or on appeal. The accused can challenge such absence of jurisdiction.
In this video, the instructor discuss the Jurisdiction over the subject matter
- Pertains to the authority of the court which is derived from law. It can never be acquired solely by consent of the accused;
- Obejection that the court has no jurisdiction over the subject matter may be made at any stage of the proceedings and the right to make such objection is never waived.
VS
Jurisdiction over the Person of the Accused
- May be acquired by consent of the accused or by waiver of objection;
There are 2 modes by which jurisdiction over the person of the Accused is acquired
1.) In case of arrest
2.) In case of voluntary surrender
The discussion continues to
Prosecution of Offenses Rule 110
Criminal Action
- One by which the state prosecutes a person for an act or omission punishable by law:
- Act of the government or state in prosecuting a person in the commission of an offense or Crime.
ff. topics under Prosecution of Offenses Rule 110 are:
*Effects of Institution of a criminal Action
*Offense or crime that cannot be prosecuted de officio
*Party who may legally file a complaint for adultery or concubinage
*Parties who may file a complaint for seduction, abduction or acts of lasciviousness
*Persons who may file a complaint on cases of unlawful acts in RA 7610
*Filing a complaint by a minor for seduction, abduction or acts of lasciviousness
*Pardon Given by a minor in cases of seduction, abduction or acts of lasciviousness
Pardon and Consent is being differentiate
Pardon - Refers to past acts, In order to absolved the accused from liability, it must be extended to both offenders.
Consent - refers to future acts, In order to absolved the Accused from liability, it is sufficient even if granted only to the offending spouse.
* Subsequent marriage of the Accused and Offended Party
Done watching po sir thank you po.
I've learned in this video is the criminal procedure is a manner or method by which the violation of the law is prosecuted in court.
It provides methodology or process of prosecution up to conviction or acquittal of the accused.
In criminal jurisdiction it is the power of the court to hear and try the case.
If the penalty impossible is more than six years then you can file the complain in the regional trial court.
The authority of the court is to hear cases is derived from law.
COMIA JOHN ANGEL A.
BS Crim 3C4.
Matibag, Jhon Marvin 3c3
In this video I understand the meaning and importance of criminal procedure