CLJ5TES

Court Testimony
LEARNING GUIDE
TP-IMD-02 v0 No. ______

Atty. Midardo B. Cabojoc, Jr.

(College
COLLEGE OF
Logo, if
any) (COLLEGE NAME)
 2020
(Dept
DEPARTMENT OF
Logo, if
any) (DEPARTMENT NAME)

No copies temporary or permanent, in whole or in part of this

IM shall be made without written permission from the
author/s.
 Vision

A globally competitive university for science, technology, and

environmental conservation

Mission

Development of a highly competitive human resource,

cutting-edge scientific knowledge and innovative
technologies for sustainable communities and environment.

Quality Policy

The Visayas State University (VSU) is a higher education institution created by

law to provide excellent instruction, conduct relevant research and foster
community engagement that produce highly competent graduates necessary
for the development of the country. Toward this end, we, at the Visayas State
University, commit to:
1. produce highly competent, quality and world-class manpower in
science and technology (S&T), especially for agriculture,
environmental management and industry who are proficient in
communication skills, critical thinking and analytical abilities,
2. generate and disseminate relevant knowledge and technology that
lead to improved productivity, profitability and sustainability in
agriculture, environment and industry,
3. satisfy the needs of the industry, the community and government
sector who are in need of quality graduates and technology ready for
commercialization through the establishment, operation, maintenance
and continuous improvement of a Quality Management System which
is aligned with the requirements of ISO 9001:2015.
ii
CrsCode101: Course Title

It shall be the policy of the university that the quality policies and procedures
are communicated to and understood by all faculties, staff, students and
other stakeholders and that the system shall be continually improved for their
relevance and effectiveness.
iii

Learning Guide in

CLJ5TES: Court
Testimony
iv
CrsCode101: Course Title

Foreword

Phasellus malesuada tempus mauris, id consequat turpis mollis eu.

Vestibulum sit amet odio est. Lorem ipsum dolor sit amet, consectetur
adipiscing elit. Maecenas fermentum pulvinar enim, sed laoreet libero luctus
consectetur. Donec faucibus euismod mauris lobortis efficitur. Sed sed diam
mi. Phasellus tempor consectetur diam vitae accumsan. Sed feugiat volutpat
nunc, non tristique sem tristique ut. Morbi quis neque finibus, sollicitudin
lacus et, suscipit neque. Pellentesque bibendum tristique metus, eget
dignissim est maximus vitae. Nam luctus aliquet erat, vel imperdiet risus
ornare eu. Suspendisse nec porttitor tortor. In eget arcu nulla.
Integer pharetra placerat lacus, egestas fermentum libero varius vitae.
Aenean vitae accumsan metus, ac elementum velit. Fusce bibendum tellus
eros, et imperdiet massa sodales id. Orci varius natoque penatibus et magnis
dis parturient montes, nascetur ridiculus mus. Donec consequat tincidunt
justo et maximus. Nunc at nulla sem. In dictum nisl eget interdum cursus.
Praesent sit amet molestie mi, eget euismod massa. Curabitur nec dolor
vestibulum, pharetra elit vel, lacinia urna. Ut sed quam ut mi mattis
scelerisque non et nisi. Vivamus lobortis luctus tellus, a tincidunt ante auctor
eu.
Aenean vitae tristique ipsum. Donec vehicula aliquam turpis, in molestie
lectus tempus a. Pellentesque feugiat neque ut dolor efficitur sollicitudin.
Duis tincidunt et ante a pretium. Mauris blandit bibendum massa eget
posuere. Morbi non eleifend metus. Curabitur maximus nunc neque, id
sagittis risus cursus eu. In hac habitasse platea dictumst.

BONIFACIO DEDAL
College Dean
v

Acknowledgment

Nullam dapibus nulla purus, et iaculis nunc auctor sed. Nunc vel nisl non odio
venenatis fermentum. Suspendisse pulvinar finibus molestie. Vestibulum
vitae mauris molestie enim posuere condimentum at ut eros. Phasellus at
elementum odio. Fusce eu lectus at risus dapibus maximus id pharetra quam.
Phasellus mollis eleifend dui, at efficitur tortor lacinia sed. Curabitur placerat
odio metus, sit amet sodales est porta et. Sed ultrices justo felis, id iaculis
nisl lacinia nec. Proin a magna purus. Nulla imperdiet risus quis massa
lacinia, quis elementum justo dapibus. Aliquam erat volutpat. Sed eleifend
nisi id orci maximus fermentum.
Pellentesque consequat viverra nibh in dictum. Aenean vitae elementum nisl.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sit amet ornare
ipsum. Aenean scelerisque placerat nisi non sodales. Suspendisse sit amet
elit ac neque pulvinar blandit vel et massa. Duis vulputate justo volutpat dui
porta rutrum.
vi
CrsCode101: Course Title

About the Author/s

Atty. Midardo B. Cabojoc Jr.

He is a member of the Bureau of Jail
Management and Penology (BJMP) for
fifteen (15) years now and is currently the
Regional Hearing Officer of BJMP Regional
Office 8.

AUTHOR 2 – Delete or add rows as needed.

“View Gridlines” will help.
Proin ipsum arcu, consectetur ultricies
gravida consectetur, semper eget dui.
Maecenas lacinia, risus vitae venenatis
imperdiet, augue diam varius nisl, quis
maximus velit augue et purus. Fusce non
pretium ipsum, quis faucibus sapien. Donec
libero libero, facilisis at risus at, volutpat
ultrices ligula. Donec velit quam, pulvinar ac
feugiat at, molestie quis nulla.
vii

Table of Contents

Vision i
Mission i
Quality Policy i
Title Page iii
Foreword iv
Acknowledgment v
About the Author/s vi
Table of Contents vii
List of Tables viii
List of Figures ix

Module 1: Court Testimony in Relation to the Criminal Litigation

Process 1
Module Pretest 1
Lesson 1: Court Testimony in Relation to the Criminal Litigation
Process 2
Module Posttest 5
References and Additional Resources 5
Answers to the Pretest 5
Answer to the Posttest 5

Module 2: Criminal Jurisdiction 6

Module Pretest 6
Lesson 2.1: Criminal Jurisdiction (Part 1) 7
Lesson 2.2: Criminal Jurisdiction (Part 2) 7
Module Posttest 8
References and Additional Resources 8
Answers to the Pretest 8
Answer to the Posttest 8

Module 3: Prosecution of Offenses 6

viii
CrsCode101: Course Title

Module Pretest 6
Lesson 3: Prosecution of Offenses 7
Module Posttest 8
References and Additional Resources 8
Answers to the Pretest 8
Answer to the Posttest 58

Module 4: Arrest, Search and Seizure 1

Module Pretest 1
Lesson 4.1: Arrest 2
Lesson 4.2: Search and Seizure 2
Module Posttest 5
References and Additional Resources 5
Answers to the Pretest 5
Answer to the Posttest 5

Module 5: Overview of the Revised Rules on Evidence Relative to

the Topic on Testimonial Evidence 6
Module Pretest 6
Lesson 5: Overview of the Revised Rules on Evidence Relative to the
Topic on Testimonial Evidence 7
Module Posttest 8
References and Additional Resources 8
Answers to the Pretest 8
Answer to the Posttest 8

Module 6: Qualification and Disqualifications of Witnesses 6

Module Pretest 6
Lesson 6: Qualification and Disqualifications of Witnesses 7
Module Posttest 8
References and Additional Resources 8
Answers to the Pretest 8
Answer to the Posttest 58

Module 7: Presentation of Evidence and Examination of Witnesses

1
ix

Module Pretest 1
Lesson 7: Presentation of Evidence and Examination of Witnesses 2
Module Posttest 5
References and Additional Resources 5
Answers to the Pretest 5
Answer to the Posttest 5

List of Tables
1 Caption of a sample table............................................................................................3
x
CrsCode101: Course Title

List of Figures

1 Caption of a sample figure...........................................................................................3

xi
 Module 1: Court Testimony in
Relation to the Criminal
Litigation Process
Module Overview
This Module will discuss to the students the importance of the subject not only as a
requirement in the BS Criminology degree program but also in their future endeavors
whether as law enforcement officers or otherwise.

Motivation Question
Time may come that you will be called to the witness stand, give testimony in
court and shed light on a particular case. If that be the case, what could be the
possible reasons why you will be called to the witness stand?

Module Pretest

Instructions: In a piece of yellow paper write your answer to the following

questions. Submit your answer electronically to your instructor before the
commencement of the lesson/s under this module.
1. What are the stages of the criminal litigation process in our country?
2. At which stage of the criminal litigation process court testimony takes
prominence?
2
CrsCode101: Course Title

Lesson 1: Court Testimony in Relation to the Criminal

Litigation Process

Lesson Summary
This lesson will discuss to the students the importance of the subject not only as a
requirement in the BS Criminology degree program but also in their future endeavors
whether as law enforcement officers or otherwise.

Learning Outcomes
After this lesson, the students will be able to understand and appreciate the importance
of the subject not only as a requirement in the BS Criminology degree program but also
in their future endeavors whether as law enforcement officers or otherwise.

Motivation Question
What could be the possible reasons why a person would be called to the
witness stand and testify in court in a criminal case?

Discussion
Court testimony, in its literal sense, refers to the information a witness gives in
court which is used as evidence to set out facts of an alleged crime.
As a subject on the other hand, court testimony, is in fact part and parcel of the
criminal litigation process in our country which you are also required to study
under the subject Criminal Procedure. Be that as it may, let us make a summary
of our criminal litigation process in order to refresh your memory and illustrate
where in particular court testimony takes prominence.

Criminal Litigation Process

The criminal litigation process presupposes the prior commission of a crime or
at least the perception that a crime has been committed. This is because there
can be no criminal action unless a crime is believed to have been committed.
Contact with the law
No matter how or against whom the offense is committed, the mere
commission of a crime does not automatically trigger the application of the
rules on criminal procedure. The rules come into operation only when acts are
initiated that would put the offender in contact with the law or the criminal
justice system. This contact is brought to the attention of law enforcement
For instructional purposes only • 1st Semester SY 2020-2021 3

authorities and the offender is arrested, either by virtue of a duly issued warrant
or a valid warrantless arrest.
Contact with the law may also occur when law enforcement officers search a
place under the control of the alleged offender and seize goods, articles or
things illegally possessed and found therein. This search and seizure may be
conducted by virtue of a search warrant. It may also be conducted without a
search warrant under recognized exceptions to the general rule requiring a
warrant for a search such as a search incident to a lawful arrest.
Contact with the law may also take place when the offended party files a
written complaint before the barangay. There are situations or violations of
laws or ordinances which require compliance with the barangay conciliation
proceedings before a complaint, petition, or action is filed in court. Compliance
with such procedure will also set in motion the initial contact of the parties with
the criminal justice system even if the offense was not previously brought to
the attention of law enforcement agencies.
Institution of criminal action
After the offender’s initial contact with the law, the aggrieved party or the
arresting officer may initiate the filing of a complaint directly with the trial court
or with the proper office, i.e. the Provincial or City Prosecutor’s Office, for
purposes of preliminary investigation. Such investigation is required when the
offense allegedly committed carries with it an imposable penalty of at least
four years, two months and one day.
The investigating prosecutor shall evaluate the complaint and its
accompanying evidence and then, upon completion of the investigation, he may
either recommend through a resolution the dismissal of the complaint or the
filing of an information in court. The said resolution shall be subject to further
action by the concerned Provincial or City Prosecutor as no compliant or
information may be filed in court or dismissed by the investigating prosecutor
without the approval of the said Provincial or City Prosecutor. The same
resolution though may be further subject to review by the Secretary of Justice
in accordance with the Rules of Court and existing DOJ rules on appeal.
There are times when a complaint or criminal information may be filed directly
in court without the need for preliminary investigation even if the offense
allegedly committed carries with it an imposable penalty of at least four years,
two months and one day. When a person is lawfully arrested without a warrant
for an offense which carries with it an imposable penalty of at least four years,
two months and one day, the prosecution of the offense will not involve
conducting of the usual preliminary investigation. The compliant or information
may be filed in court by the prosecutor as long as an inquest proceeding was
conducted.
Nonetheless, before the complaint or information is filed in court, the person
arrested may ask for preliminary investigation provided he has signed a waiver
of Art. 125 of the Revised Penal Code. He may also ask for preliminary
investigation even after the complaint or information is filed in court provided
he do so within five days from the time he learns of its filing. He may also apply
4
CrsCode101: Course Title

for bail even before he is charged in court if the alleged crime committed is
bailable. A person in custody of the law who is not yet charged in court may
apply for bail with any court in the province, city, or municipality where he is
held.
It is important to remember also that when the criminal information is filed in
court, any disposition of the case now rests within the exclusive jurisdiction
and discretion of the said court.
Once the complaint or information is filed in court, the presiding judge is
required to personally evaluate through preliminary examination the resolution
of the prosecution and the evidence supporting it. The presiding judge may
order the prosecutor to present additional evidence if he doubts the existence
of probable cause. After evaluating the evidence on record including the
additional evidence submitted, and the presiding judge finds no probable
cause, he shall dismiss the case. On the other hand, if the judge finds probable
cause, he shall issue a warrant of arrest. If the offender, who is now called as
accused, has been previously arrested, the presiding judge shall issue a
commitment order instead of a warrant of arrest.

Arraignment
Whether or not the accused is under detention or out on bail, the court shall
thereafter set the case for arraignment. Arraignment is the formal mode of and
manner of implementing the constitutional right of an accused to be informed
of the nature and cause of the accusation against him.
Before the accused enters his plea, he may avail of any of the remedies
available to him. One of which is a motion to quash the complaint or
information on any of the grounds provided for by the rules. The motion is
required to be in writing, filed before the accused enters his plea, signed by the
accused or his counsel, and distinctly specifies both the factual and legal
grounds relied upon for the dismissal of the complaint or information.
During arraignment, the rules require the presence of the accused for him to
personally enter his plea in the court where the complaint or information was
filed or assigned for trail. If the accused refuses to plead or enters a conditional
plea or pleads guilty but presents exculpatory evidence like self-defense, a plea
of not guilty shall be entered for him.
The accused may also enter an unqualified plea of guilty or enter a plea of
guilty to a lesser offense which is necessarily included in the offense charged
but must be with the consent of the offended party and the prosecutor. In such
case, the court shall render judgment and sentence the accused accordingly.
Pre-trial
After the arraignment of the accused in which a plea of not guilty was entered
and within 30 days from the date the court acquires jurisdiction over the person
of the accused, the court shall order the mandatory trial conference to consider
For instructional purposes only • 1st Semester SY 2020-2021 5

certain matters including plea bargaining, stipulation of facts, marking of the

evidence, waiver of objections to admissibility, possible modification of the
order of the trial, and such other matters that will promote a fair and
expeditious trail of the criminal and civil aspects of the case. All agreements
and admissions made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel; otherwise, they
cannot be used against the accused.
No evidence shall be allowed to be presented and offered during the trial other
than those identified and marked during the pre-trial except when allowed by
the court for good cause shown.
After the pre-trial conference, the court shall issue a pre-trial order which shall
bind the parties, limit the trial to matters not disposed of, and control the
course of the action during the trial, unless modified to prevent injustice.
Trial
Within 30 days from receipt of the pre-trial order, trial shall commence. It is at
this part of the criminal ligation process that court testimony takes
prominence. Witnesses are called to the witness stand by the prosecution and
the defense to give testimony and/or identify other evidence. The prosecution
witnesses are called to testify in order to strengthen the case of the
prosecution against the accused. On the other hand, the defense witnesses are
called to testify with the aim of casting doubt on the culpability of the accused
of the crime charged.
Normally, the trial begins with the prosecution presenting its evidence, but
when the accused admits to the act or omission charged but interposes lawful
defenses, the order of trial may be modified or reversed. When the trial is
modified, the accused shall be allowed to present his evidence ahead of that of
the prosecution.
When the order of the trial is not modified, the turn of the accused to present
his evidence to prove his defense comes after the prosecution rests its case.
However, the accused may, instead of presenting his evidence, choose to move
to dismiss the case by presenting a demurrer to evidence on the ground of
insufficiency of evidence. This demurrer may be presented with or without
leave of court. The court may, for the same reason, dismiss the case on its own
initiative after giving the prosecution the opportunity to be heard.
If the demurrer to evidence filed with leave of court is denied, the accused may
adduce evidence in his defense, but shall waive the right to present evidence if
the demurrer filed without leave of court is denied.
The prosecution and the defense may, in the same order, present rebuttal and
sur-rebuttal evidence. Upon admission of the evidence of the parties, the case
shall be deemed submitted for decision unless the court directs them to argue
orally or to submit written memoranda.
Judgment
6
CrsCode101: Course Title

After trial, the judgment of the court follows. A judgment is the adjudication by
the court on the guilt or innocence of the accused and the imposition on him of
the proper penalty and civil liability, if any. It is required to be written in the
official language, personally and directly prepared by the judge and signed by
him and shall contain clearly and distinctly a statement of the facts and the law
upon which it is based.
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered, unless it is for a light offense, in
which case, the judgment may be pronounced in the presence of his counsel or
representative.
If the judgment is for conviction and the accused fails to appear during the
promulgation of judgment and such failure is without justifiable cause, he shall
lose the remedies against the judgment. The only way for him to regain the
right to avail of such remedies is to surrender within 15 days from the
promulgation of judgment and file a motion for leave of court to avail of the
remedies.
Post-judgment remedies
The person convicted is allowed certain remedies to modify or reverse the
judgment of conviction within the period to appeal which is 15 days from notice
of the judgment or final order. As a rule, after the lapse of the period of
perfecting an appeal, the judgment of conviction becomes final. Thus, before
the judgment of conviction becomes final the person convicted may move for
new trial or reconsideration or file appeal following the doctrine of hierarchy of
courts.
Entry of judgment
When all the remedies have been exhausted and the judgment has become
final, an entry of judgment shall be made.
Testimonial Evidence
Court testimony belongs to the category of evidence called testimonial
evidence which is evidence elicited from the mouth of a witness as
distinguished from real and documentary evidence. The person who gives the
testimony is called a “witness.” Again, it is during the trial stage of the criminal
litigation process that court testimony takes prominence. For the prosecution
to strengthen his case against the accused, his witnesses would normally
include the arresting officers, other persons who witnessed the commission of
the crime, the victim, as the case may be, and individuals who have attained
expertise on certain fields to testify on technical matters such as the weapon
used in the commission of the crime.
On the other hand, the defense may call to the witness stand the accused
himself, persons who will attest that the accused could not be the perpetrator
as he was in some other place when the crime was committed, and also
individuals who have attained expertise on certain fields to testify on technical
matters favorable to the accused. The purpose of the defense witnesses’
testimony is again to cast doubt on the culpability of the accused of the crime
For instructional purposes only • 1st Semester SY 2020-2021 7

charged. Let us remember that it is the burden of the prosecution to prove the
guilt of the accused beyond reasonable doubt.
Under the Rules, a witness must possess certain qualifications and none of the
disqualifications before he may be qualified to take the witness stand and testify. These
witness qualifications and disqualifications will be discussed exhaustedly later on.
Other related topics such as jurisdiction in criminal cases, prosecution of offenses,
contents and parts of a complaint and an information, rules on arrest, searches and
seizures, rules in the presentation of evidence, including critical analysis of relevant
Supreme Court decisions, which are necessary in putting into proper perspective “court
testimony” are also included in the discussions in this subject.

Learning Tasks/Activities
1. Nulla nec justo et sem suscipit maximus quis sed nibh.

Assessment
 Duis ullamcorper massa maximus lacinia varius.
 Proin finibus ante vitae risus molestie laoreet.
 Pellentesque vel turpis hendrerit, scelerisque eros eu, rutrum risus.
 Proin dapibus ipsum eu justo lacinia posuere.
 Vivamus eleifend ex sed sapien placerat, ut blandit ipsum mollis.
 Sed aliquam turpis quis purus luctus, ac dignissim ipsum efficitur.
 Quisque vitae elit id nibh molestie congue.

Instructions on how to submit student output

Ut efficitur neque eleifend dui tempor aliquam. Donec eleifend lacinia ornare.
Proin congue ante pharetra massa porta, non sagittis velit efficitur. Fusce
fringilla, quam id luctus maximus, erat erat mattis velit, eu pellentesque nisl
lectus id est. Maecenas blandit rutrum sem non viverra. Sed efficitur semper
malesuada. Quisque justo sapien, consectetur non nunc ornare, porta
bibendum nulla.

Module Posttest

Use Normal text here

References and Additional Resources

1. Willard B. Riano. Criminal Procedure

2. Willard B. Riano. Evidence
8
CrsCode101: Course Title

3. Edmar D. Lerios. A Graphic Guide to Evidence (A.M. 19-08-15-SC)

4. Revised Rules on Evidence as amended by A.M. 19-08-15-SC
5. RBSI Editorial Staff, 2011. Rules of Court

Answers to the Pretest

1. Contact with the law; Institution of criminal action; Arraignment; Pre-

trial; Trial; Judgment; Post-judgment remedies; Entry of judgment.

2. Trial.

Answer to the Posttest

Use Normal text here

 Module 2: Criminal
Jurisdiction
Module Overview
This Module will discuss the concept of jurisdiction in criminal cases as well as some
relevant terms under the Revised Rules on Criminal Procedure.

Motivation Question
How do we determine which court has jurisdiction over a particular criminal
case arising from an act or omission that was committed in a particular
place?

Module Pretest

1. Donec vitae quam eget massa vulputate auctor.

2. Quisque at mauris maximus, volutpat mauris in, consectetur nibh.
3. Ut eu velit sit amet massa condimentum finibus sed at velit.
4. Integer fringilla odio sit amet dictum hendrerit.
5. Integer porttitor eros vitae ornare lobortis.
6. In sagittis libero non diam rutrum suscipit.
7. Nam tincidunt turpis ac neque mollis mollis.
8. Aliquam finibus enim vehicula tellus rhoncus pellentesque.
9. In imperdiet dui eu arcu pulvinar, ac tempor mi tincidunt.
10. Sed ultricies eros ut leo euismod tempor.
11. Vivamus vel turpis a est aliquet viverra non ac nunc.
12. Morbi ultrices tortor sit amet tortor feugiat, nec pulvinar urna euismod.
13. Duis hendrerit metus eleifend metus tincidunt, a sagittis arcu ultrices.
14. In aliquam felis lacinia ultrices bibendum.
15. Suspendisse finibus mauris et ante luctus varius.
16. Etiam sed augue ut turpis ornare commodo.
17. Ut euismod dolor vitae neque tempus, non cursus purus suscipit.
18. Donec volutpat augue non ipsum ultricies, in placerat eros molestie.
10
CrsCode101: Course Title

Lesson 2.1: Criminal Jurisdiction (Part 1)

Lesson Summary
This Lesson will discuss to the students (a) the requisites for the exercise of criminal
jurisdiction, and (b) jurisdiction over the subject matter and how it is determined.

Learning Outcomes
After this lesson, the students will be able to: understand and enumerate the requisites
for the exercise of criminal jurisdiction; define jurisdiction over the subject matter
and understand how it is determined.

Motivation Question
Which court has jurisdiction over the crime of Murder?

Discussion
Requisites for the Exercise of Criminal Jurisdiction
Generally, jurisdiction is the right to act or the power and authority to hear and
determine a cause – it is a question of law. The term imports the power and
authority to hear and determine issues of facts and of law, the power to
inquire into the facts, to apply the law and to pronounce the judgment.
In criminal cases, before a court can acquire jurisdiction the following
requisites must be present:
a. Jurisdiction over the subject matter;
b. Jurisdiction over the territory; and,
c. Jurisdiction over the person of the accused.
Criminal Jurisdiction over the subject matter
Jurisdiction over the subject matter refers to the authority of the court to hear
and try a particular offense and impose the punishment for it. It is, in simple
terms, jurisdiction over the offense charged. It is conferred by law (not by the
Rules of Court) and any judgment, order or resolution issued without it is void
and cannot be given effect.
While jurisdiction over the subject matter is conferred by law, jurisdiction over
a particular criminal case is determined by the allegations in the complaint or
information. The court therefore must look into the allegations of the written
accusation for it to know whether or not, it has jurisdiction over the offense
charged therein.
For instructional purposes only • 1st Semester SY 2020-2021 11

Further, jurisdiction of the court is not determined by the evidence presented

by the parties at the trial. Neither is it determined by the defenses set up by
the defendant or the accused.
To illustrate: In one criminal case, the information states that the accused,
“conspiring together and mutually helping with one another, taking advantage
of their superior strength, as elements of the Philippine Army, armed with
their government-issued firearms with intent to kill, by means of treachery and
evident premeditation, did then and there willfully, unlawfully and feloniously
attach, assault and shoot the victims, hitting them on different parts of their
bodies, thereby inflicting upon them multiple gunshot wounds which caused
their deaths.”
The allegations in the said information clearly indicates the alleged
commission of the crime of Murder which is punishable by reclusion perpetua
under Art. 248 of the Revised Penal Code and is within the jurisdiction of the
Regional Trial Court (RTC). Hence, irrespective of whether the killing was
actually justified or not, jurisdiction to try the crime charged against the
alleged perpetrators is vested upon the RTC by law.
In relation thereto, it must be stated that the jurisdiction of the court is not
determined by the penalty actually imposed after trial or even by the result of
the evidence that would be presented during the trial, but by the extent of the
penalty which the law imposes on the offense, together with other legal
obligations, on the basis of the facts as recited in the complaint or
information.
Law applicable to a criminal action
The subject matter jurisdiction of a court in criminal cases is measured by the
law in effect at the time of the institution of a criminal action rather than by
the law in effect at the time of the commission of the offense charged.
Otherwise stated, in criminal cases the jurisdiction of the court is determined
by the averments of the complaint or information in relation to the law
prevailing at the time of the filing of the complaint or information, and the
penalty provided by law for the crime charged at the time of its commission.
Principle of adherence of jurisdiction or continuing jurisdiction
The jurisdiction of the court is referred to as “continuing” in view of the
general principle that once a court has acquired jurisdiction, that jurisdiction
continues until the court has done all that it can do in the exercise of that
jurisdiction. Thus, if the RTC, by virtue of the allegations of the information,
has already acquired jurisdiction over the offense of frustrated homicide, but
evidence offered during the trial shows the commission of an offense of less
serious physical injuries which is cognizable by the MTC if initially filed, the
RTC does not lose its jurisdiction over the offense charged and may impose
the proper penalty for the offense proved.
Once a court acquires jurisdiction, it may not be ousted from the case by any
subsequent events, such as new legislation or law placing such proceedings
under the jurisdiction of another tribunal. The only recognized exceptions to
12
CrsCode101: Course Title

the rule arise when: (a) there is an express provision in the new law, or (b) the
new law is clearly intended to apply to actions pending before its enactment.
Objections on jurisdictional grounds
An objection based on the ground that the court lacks jurisdiction over the
subject matter may be raised or considered motu proprio by the court at any
stage of the proceedings or on appeal. Hence, questions of jurisdiction may
be cognizable even if raised for the first time on appeal. However, it has its
limitations. A party cannot invoke the jurisdiction of the court to secure
affirmative relief against his opponent and after obtaining or failing to obtain
such relief, repudiate or question that same jurisdiction.
Criminal Jurisdiction of Trial Courts
Criminal Jurisdiction of the Municipal Trial Court, Municipal Circuit Trial
Court, and Metropolitan Trial Court (MTC)
1. Except in cases falling within the exclusive jurisdiction of the Regional
Trial Court and of the Sandiganbayan, all offenses punishable by
imprisonment not exceeding six years irrespective of the amount of
fine, and regardless of other imposable or accessory penalties,
including the civil liability arising from such offenses irrespective of
kind, nature, value or amount.
2. For offenses where the only penalty provided for by law is fine, the
MTC shall have exclusive original jurisdiction over offenses
punishable with a fine of not more than P4,000.00.
3. Offenses involving damage to property through criminal negligence.
4. Offenses covered by the Rule on Summary Procedure:
a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violation of City or Municipal ordinances;
d. Violations of BP No. 22 or the Bouncing Checks Law;
e. All other criminal cases where the penalty is imprisonment not
exceeding six months and/or P1,000.00 fine irrespective of
other penalties or civil liabilities arising therefrom; and,
f. Offenses involving damage to property through criminal
negligence where the imposable fine does not exceed
P10,000.00.
5. Special jurisdiction to decide on applications for bail in criminal cases
in the absence of all RTC judges in a province or city.
Criminal Jurisdiction of the Regional Trial Court (RTC)
1. 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;
2. Offenses the imposable penalty for which exceeds six years
imprisonment;
3. For offenses where the only penalty provided for by law is fine, the
RTC shall have exclusive original jurisdiction over offenses punishable
with a fine of more than P4,000.00.
For instructional purposes only • 1st Semester SY 2020-2021 13

4. Criminal cases under specific laws:

a. Written defamation;
b. Violations of the “Comprehensive Dangerous Drugs Act of
2002” (RA 9165); and,
c. Violations of intellectual property rights.
5. All cases of money laundering except those falling under the
jurisdiction of the Sandiganbayan.
6. RTC as Family Court where:
a. One or more of the accused is aged below 18 but not less than
15;
b. Where one of the victims is a minor at the time of the
commission of the crime;
c. Cases against minors cognizable under RA 9165;
d. Violations of the “Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act” (RA 7610);
e. Cases of domestic violence against women and children.
7. Appellate jurisdiction in all cases decided by the MTCs in their
respective territorial jurisdiction.
8. Special jurisdiction to handle exclusively criminal cases as designated
by the Supreme Court.
Criminal Jurisdiction of the Sandiganbayan
The jurisdiction of the Sandiganbayan is set by PD 1606 as amended.
1. Original jurisdiction in all cases involving:
a. Violations of: Anti-Graft and Corrupt Practices Act (RA 3019);
Forfeiture of Ill Gotten Wealth Act (RA 1379); and Chapter 2,
Section 2, Title 7, Book 2 of the Revised Penal Code, where one
or more of the accused are officials occupying the following
positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
i. Officials of the executive branch occupying the
positions of regional director and higher, otherwise
classified as Grade “27” and higher of the
Compensation and Position Classification Act of 1989
(RA 6758), specifically including:

a) Provincial governors, vice-governors, members

of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other
provincial department heads;
b) City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurer,
assessors, engineers, and other city department
heads;
c) Officials of the diplomatic service occupying the
position of consul and higher;
14
CrsCode101: Course Title

d) Philippine army and air force colonels, naval

captains, and all officers of higher rank;
e) Officers of the Philippine National Police while
occupying the position of provincial director and
those holding the rank of senior superintendent
or higher;
f) City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special
prosecutor;

ii. Presidents, directors or trustees, or managers of

government-owned or controlled corporations, state
universities or educational institutions or foundations;

iii. Members of Congress and officials thereof classified

as Grade “27” and up under the Compensation and
Position Classification Act of 1989; (3) Members of the
judiciary without prejudice to the provisions of the
Constitution; (4) Chairmen and members of
Constitutional Commissions, without prejudice to the
provisions of the Constitution; and (5) All other national
and local officials classified as Grade “27” and higher
under the Compensation and Position Classification
Act of 1989.

2. Other offenses or felonies whether simple or complexed with other

crimes committed by the above-listed public officials and employees
in relation to their office.

3. Civil and criminal cases filed pursuant to and in connection with

Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

4. Appellate jurisdiction over final judgments, resolutions or orders of

regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction where all the accused are
occupying positions lower than salary grade 27 or are otherwise not
covered by the preceding enumeration.
For instructional purposes only • 1st Semester SY 2020-2021 15

Lesson 2.2: Criminal Jurisdiction (Part 2)

Lesson Summary
This Lesson will discuss to the students: (a) jurisdiction over the territory and how is
it determined, and, (b) how jurisdiction over the person of the accused is acquired by
the court.

Learning Outcomes
After this lesson, the students will be able to: understand what is jurisdiction over the
territory and how is it determined; and, understand and enumerate how jurisdiction
over the person of the accused is acquired by the court.

Motivation Question
When can we say that the court has already acquired jurisdiction over the
person of the accused?

Discussion
Jurisdiction over the territory
Each court, RTC or MTC, stationed in a particular City or Municpality, has with
it a defined territorial jurisdiction. To illustrate: in the Province of Davao
Oriental, RTC Branch 32, which is stationed in Lupon, Davao Oriental, has
territorial jurisdiction over the Municipalities of Lupon, Banaybanay, San Isidro
and Gov. Generoso pursuant to A.M. No. 99-2-44-RTC issued by the Supreme
Court en banc on February 23, 1999.
A very important principle in relation to territorial jurisdiction is that, in
criminal cases, venue is jurisdictional and a court is bereft of jurisdiction to try
an offense committed outside its limited territory.
The place where the crime was committed determines not only the venue of
the action but is an essential element of jurisdiction. It is a fundamental rule
that for jurisdiction to be acquired by courts in criminal cases, the offense
should have been committed or any of its essential ingredients should have
taken place within the territorial jurisdiction of the court.
Territorial jurisdiction in criminal cases is the territory where the court has
jurisdiction to take cognizance or to try the offense allegedly committed
therein by the accused. Thus, it cannot take jurisdiction over the person
charged with an offense allegedly committed outside of that limited territory.
If the evidence adduced during the trial shows that the offense was
committed somewhere else, the court should dismiss the case for want of
jurisdiction.
16
CrsCode101: Course Title

For a complaint or information to be sufficient the same must enable the

court, through the allegations therein, to determine that the offense was
committed or any of its essential ingredients occurred at some place within
the jurisdiction of the court. Hence, the rule places the venue of criminal
cases either in the court of the municipality or territory (a) where the offense
was committed, or (b) where any of its essential ingredients occurred.
Criminal jurisdiction over the person of the accused
Again, in criminal proceedings, the court should have jurisdiction over the
subject matter, over the territory where the alleged offense was committed,
and over the person of the accused.
As earlier stated, jurisdiction over the subject matter is conferred by law. On
the other hand, how then is jurisdiction over the person of the accused
acquired? The Supreme Court has consistently held that jurisdiction over the
person of the accused is acquired (a) upon his arrest or apprehension, with or
without a warrant, or (b) his voluntary appearance or submission to the
jurisdiction of the court.
As a rule, an accused who seeks an affirmative relief is deemed to have
submitted to the jurisdiction of the court such as by his pleading to the merits
by filing a motion to quash or other pleadings requiring the exercise of the
court’s jurisdiction, appearing for arraignment or entering trial.
Voluntary submission may also be effected through some other acts as when
he enters into a counsel-assisted plea and actively participates in the trial and
presents evidence for the defense. Thus, the accused is deemed to have
waived his constitutional protection against illegal arrest. Also, by his filing of
a motion for determination of probable cause, the court acquired jurisdiction
over the person of the accused.
Not all acts, however, seeking affirmative relief would constitute a voluntary
appearance or submission to the jurisdiction of the court. Making a special
appearance in court to question the jurisdiction of the court over the person
of the accused is not voluntary appearance. There is no submission to the
jurisdiction of the court when the accused files a motion to quash the
information or warrant of arrest because it is the very legality of the court
process forcing the submission of the person of the accused that is the very
issue in the said motion to quash.
It is nonetheless important to remember that where the appearance is by
motion for the purpose of objecting to the jurisdiction of the court over the
person of the accused, it must be for the sole and separate purpose of
objecting to said jurisdiction. If the appearance is for any other purpose, the
accused is deemed to have submitted himself to the jurisdiction of the court.
Such an appearance gives the court jurisdiction over the person of the
accused.
Custody of the law vs jurisdiction over the person of the accused
For instructional purposes only • 1st Semester SY 2020-2021 17

Learning Tasks/Activities
2. Nulla nec justo et sem suscipit maximus quis sed nibh.

Assessment
 Duis ullamcorper massa maximus lacinia varius.
 Proin finibus ante vitae risus molestie laoreet.
 Pellentesque vel turpis hendrerit, scelerisque eros eu, rutrum risus.
 Proin dapibus ipsum eu justo lacinia posuere.
 Vivamus eleifend ex sed sapien placerat, ut blandit ipsum mollis.
 Sed aliquam turpis quis purus luctus, ac dignissim ipsum efficitur.
 Quisque vitae elit id nibh molestie congue.

Instructions on how to submit student output

Ut efficitur neque eleifend dui tempor aliquam. Donec eleifend lacinia ornare.
Proin congue ante pharetra massa porta, non sagittis velit efficitur. Fusce
fringilla, quam id luctus maximus, erat erat mattis velit, eu pellentesque nisl
lectus id est. Maecenas blandit rutrum sem non viverra. Sed efficitur semper
malesuada. Quisque justo sapien, consectetur non nunc ornare, porta
bibendum nulla.

Module Posttest

Use Normal text here

References and Additional Resources

1. Willard B. Riano. Criminal Procedure

2. Willard B. Riano. Evidence
3. Edmar D. Lerios. A Graphic Guide to Evidence (A.M. 19-08-15-SC)
4. Revised Rules on Evidence as amended by A.M. 19-08-15-SC
5. RBSI Editorial Staff, 2011. Rules of Court

Answers to the Pretest

Use Normal text here

Answer to the Posttest

18
CrsCode101: Course Title

Use Normal text here

For instructional purposes only • 1st Semester SY 2020-2021 19

Module 3: Prosecution of
Offenses
Module Overview
This Module will discuss to the students the criminal complaint and information
including how criminal cases are instituted and prosecuted.

Motivation Question
Let us assume that you persevered despite the hardships that you went
through while studying BS Criminology and as a result you passed the board
exams and eventually became a law enforcement officer. While in the
performance of your duty you apprehended a person who is believed to be the
perpetrator of the crime of Theft. What should you do so that the said person
you arrested could be prosecuted in court for the crime he allegedly
committed?

Module Pretest

Instructions: In a piece of yellow paper write your answer to the following

questions. Submit your answer electronically to your instructor before the
commencement of the lesson/s under this module.
3. What are the stages of the criminal litigation process in our country?
4. At which stage of the criminal litigation process court testimony takes
prominence?
20
CrsCode101: Course Title

Lesson 1: Prosecution of Offenses

Lesson Summary
This lesson will discuss to the students the importance of the subject not only as a
requirement in the BS Criminology degree program but also in their future endeavors
whether as law enforcement officers or otherwise.

Learning Outcomes
After this lesson, the students will be able to understand and appreciate the
importance of the subject not only as a requirement in the BS Criminology degree
program but also in their future endeavors whether as law enforcement officers or
otherwise.

Motivation Question
What are the possible reasons why a person, in a criminal case, is called to
the witness stand and testify in court?

Discussion
Court testimony, in its literal sense, refers to the information a witness gives
in court which is used as evidence to set out facts of an alleged crime.

Learning Tasks/Activities
3. Nulla nec justo et sem suscipit maximus quis sed nibh.

Assessment
 Duis ullamcorper massa maximus lacinia varius.
 Proin finibus ante vitae risus molestie laoreet.
 Pellentesque vel turpis hendrerit, scelerisque eros eu, rutrum risus.
 Proin dapibus ipsum eu justo lacinia posuere.
 Vivamus eleifend ex sed sapien placerat, ut blandit ipsum mollis.
 Sed aliquam turpis quis purus luctus, ac dignissim ipsum efficitur.
 Quisque vitae elit id nibh molestie congue.
For instructional purposes only • 1st Semester SY 2020-2021 21

Instructions on how to submit student output

Ut efficitur neque eleifend dui tempor aliquam. Donec eleifend lacinia ornare.
Proin congue ante pharetra massa porta, non sagittis velit efficitur. Fusce
fringilla, quam id luctus maximus, erat erat mattis velit, eu pellentesque nisl
lectus id est. Maecenas blandit rutrum sem non viverra. Sed efficitur semper
malesuada. Quisque justo sapien, consectetur non nunc ornare, porta
bibendum nulla.

Module Posttest

Use Normal text here

References and Additional Resources

1. Willard B. Riano. Criminal Procedure

2. Willard B. Riano. Evidence
3. Edmar D. Lerios. A Graphic Guide to Evidence (A.M. 19-08-15-SC)
4. Revised Rules on Evidence as amended by A.M. 19-08-15-SC
5. RBSI Editorial Staff, 2011. Rules of Court

Answers to the Pretest

3. Contact with the law of the offender; Institution of criminal action;

Arraignment; Pre-trial; Trial; Judgment; Post-judgment remedies; Entry
of judgment.

4. Trial.

Answer to the Posttest

Use Normal text here

 DEPARTMENT
LOGO

DEPARTMENT OF
(DEPARTMENT NAME)
College of (COLLEGE NAME)

For inquiries, contact:

(NAME OF DEPARTMENT HEAD)

head.name@vsu.edu.ph • dept@vsu.edu.ph
+63 53 565 0600 Local 1234

Use this code when referring to this material:

TP-IMD-02 v0 07-15-20 • No. _________

Visca, Baybay City, Leyte

Philippines 6521
information@vsu.edu.ph
+63 53 565 0600