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5 Cards in this Set

  • Front
  • Back
Differentiate Venue from Jurisdiction
Venue:
1) Particular country or geographical area which the court may hear or determine a case (place of trial)
2) Procedural
3) May be waived in civil cases

Jurisdiction:
1) Power of the court to decide a case on merits
2) Substantive
3) Granted by law or the constitution and can't be waived
Elements of Criminal Jurisdiction
1) Nature of the offense and the penalty attached thereto
2) Fact that the offense has been committed within the territorial jurisdiction of the court
Requisites for a valid exercise of criminal jurisdiction
Jurisdiction over the
1) Person
2) Subject Matter
3) Territory
Elements of the jurisdiction over the subject matter
1) Nature of the offense
2) Authority of the court to impose the penalty imposable given in the information
3) Territorial jurisdiction of the court imposing the penalty
Jurisdiction of the MTC
1) Exclusive jurisdiction over all violations of city and municipal ordinances committed within their respective territorial jurisdiction
2) Exclusive jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine
3) Damage to property through criminal negligence
4) Only penalty is a fine not exceeding P 4,000