Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other hand, the Supreme Court and the Court of Appeals may refer the case to the court of proper jurisdiction.
Legal Questions
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The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of the litigation. It remains with the court until the case is finally terminated. The exception to this is where a subsequent statute changing the jurisdiction of a […]
The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds in favor of the accused against whom the entire machinery of the state is mobilized.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts are […]
1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge is […]
1. Spanish Law of Criminal Procedure 2. General Order No. 58, dated April 23 1900 3. Amendatory acts passed by the Philippine Commission 4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of the Philippines 5. The Rule […]
Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration […]
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. NOTE: This definition outlines how the Rules on Criminal Procedure is arranged i.e. apprehension (arrest) to prosecution (trial) and punishment in case […]