They are: (1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof; (2) the tribunal must consider the evidence presented; (3) the decision must have something to support itself; (4) the evidence must be substantial; (5) the decision must be […]
Legal Questions
216 posts
CERTIORARI defined: When any tribunal, board, or officer exercising judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby […]
The requirement of territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of the Revised Penal Code.
The requisites to be complied with are: (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; and (4) must apply equally to all members of the same class. ** Taken from People of the […]
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. In […]
It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers. Jurisdiction over the offense or over the subject matter refers to the power of a […]
The requisites for a valid exercise of criminal jurisdiction are: 1. Jurisdiction over the person of the accused 2. Jurisdiction over the territory where the offense was committed 3. Jurisdiction over the offense (subject matter)
Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it. In People of the Philippines vs Mariano (71 SCRA 660), it is defined as the authority to hear and decide a particular offense and impose the corresponding punishment for it. In Lumpay […]
Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. It means the place of trial. On the other hand, jurisdiction is the power of the court to decide the case on the merits. Venue is thus procedural, […]
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.
Yes, unlike jurisdiction over the offense which is conferred by law or the Constitution, jurisdiction over the person of the accused may be waived. For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived. […]
Jurisdiction over the person of the accused is acquired upon his arrest or upon his voluntary appearance or submission to the court.
Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime.
Regular courts refer to civil courts as opposed to military courts or courts martial. Military courts have no jurisdiction over civilians.
1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan. All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused is not […]
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; 2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine and other accessory penalties and civil liability 3. Offenses involving damage to property through […]