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A TENEO C ENTRAL B AR O PERATIONS 2007 Remedial Law SUMMER REVIEWER Advisers: Atty. Tranquil Salvador III ; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.Natividad ; Understudies: Neliza Macapayag, Benjamin C. Yan CRIMINAL PROCEDURE PRELIMINARY MATTERSCRIMINAL PROCEDURE It is the method prescribed by law for theapprehension and prosecution of person s accused ofany criminal offense and for their punishment, in caseof conviction ( Remedial Law IV, Herrera ).It is concerned with the procedural steps throughwhich a criminal case passes, commencing with theinitial investigation of a crime and concluding with therele ase of the offender. CRIMINAL JURISDICTION It is the authority to hear and try a particular offenseand impose the punishme nt for it (People v. Marinao,71 SCRA 600, 604). REQUISITES FOR VALID EXERCISE OFCRIMINAL JURISDICTION: 1. Jurisdiction over the subject matter is thepower to hear and determine cases of thegeneral class to which the proceed ings inquestion belong (Reyes v. Diaz, 73 Phil 484 );by virtue of the imposable penalty or its nature,is one which the court is by law authorized tota e cognizance of; conferred by law.2. Jurisdiction over the territory where theoffense was committed the offense musthave been committed within the territorial jurisdiction of the court; jurisdiction over theterritory; cannot be waived3. Jurisdiction over the person of the accused the person charged with the offense musthave been brought to its presence for tr ial,forcibly by warrant of arrest or upon hisvoluntary submission to the court.T he question of jurisdiction may be raised at anystage of the proceedings. The ex ception to this ruleis when there is estoppel and laches on the partywho raised the question of jurisdiction. JURISDICTION OVERTHE SUBJECTMATTERJURISDICTION OVERTHE PERSON OF THEACCUSED Conferred by law. Itcannot be acquired bythe consent of theaccused.May be acquir ed byconsent of the accusedor by waiver ofobjections.Objection that the courthas

no jurisdiction overthe subject matter maybe made at any stage ofthe proceeding and theright to ma e suchobjection is neverwaived.If the accused fails toma e h is objection intime, he will be deemedto have waived it. JURISDICTIONWhat determines jurisdiction Jurisdiction is determined by the extent of the penaltywhich the law imposes, on the basis of the facts asrecited in the complaint or information constitutive o fthe offense chargedJurisdiction is not determined by: what may be meted out to the offender aftertrial the result of the evidence that would bepresented during the trialJurisdiction i s retained regardless of: whether the evidence proves a lesser offensethan that charged in the information , the subsequent happening of events, althoughof a character which would have prev ented jurisdiction from attaching in the first instance. GENERAL RULE : Jurisdiction of a court to try criminal action is to bedetermined by the law at the time of the institution ofthe action.EXCEPTION: Where the statute expressly provides,or is construed that it is intended to operate to actionspending before its enactment, in which case, thecourt where the criminal action is pending is oustedof jurisdiction and the pending action will have to betransferred to the o ther tribunal which will continuethe proceeding.