Venue is an essential element of jurisdiction in criminal cases.

It determines not only

1. the place where the criminal action is to be instituted, but also
2. the court that has the jurisdiction to try and hear the case.

The first element of the crime of perjury, the execution of the subject Certificate against Forum Shopping was alleged in the
Information to have been committed in Makati City . Likewise, the second and fourth elements, requiring the Certificate against
Forum Shopping to be under oath before a notary public, were also sufficiently alleged in the Information to have been made
in Makati City:

the general rule is that the facts contained in the complaint or information should be taken as they are.42
The exception to this rule is where the Rules of Court allow the investigation of facts alleged in a motion to quash 43 such as when

1. ground invoked is the extinction of criminal liability,

2. prescriptions,
3. double jeopardy, or
4. insanity of the accused.44
In these instances, it is incumbent upon the trial court to conduct a preliminary trial to determine the merit of the motion to dismiss.

in order to avoid the submission of his body to the jurisdiction of the court
he must raise the question of the courts jurisdiction over his person at the very earliest opportunity.
"[w]here the appearance is by motion for the purpose of objecting to the jurisdiction of the court over the
person, it must be for the sole and separate purpose of objecting to said jurisdiction.

The requirement before a private person may be indicted for violation of Section 3(g) of R.A. 3019, among others, is that

such private person must be alleged to have acted in conspiracy with a public officer.

the complaint or information should contain allegations:

as to whether, at the time the offense was committed,

the offended party was a public officer or a private individual and
where he was actually residing at that time.

Whenever possible, the place where the written defamation was printed and first published should likewise be alleged.
That allegation would be a sine qua non if the circumstance as to where the libel was printed and first published is used as the basis of the
venue of the action.40

Adjudication of a motion to quash a warrant of arrest requires:

neither jurisdiction over the person of the accused,

nor custody of law over the body of the accused.

Custody of the law is required before the court can act upon the application for bail, but is not required for the
adjudication of other reliefs sought by the defendant where the mere application therefor constitutes a waiver of the defense of
lack of jurisdiction over the person of the accused.8

Custody of the law is accomplished either by arrest or voluntary surrender,9 while

jurisdiction over the person of the accused is acquired upon his arrest or voluntary appearance. 10 One can be under
the custody of the law but not yet subject to the jurisdiction of the court over his person, such as when a person arrested by virtue of a warrant
files a motion before arraignment to quash the warrant. On the other hand, one can be subject to the jurisdiction of the court over his person, and yet
not be in the custody of the law, such as when an accused escapes custody after his trial has commenced. 11 Being in the custody of the law signifies
restraint on the person, who is thereby deprived of his own will and liberty, binding him to become obedient to the will of the law. 12 Custody of the
law is literally custody over the body of the accused. It includes, but is not limited to, detention.