Jurisdiction

1. Jurisdiction is determined by the extent of the penalty which the law imposes, on the basis of the facts as recited in the complaint or information constitutive of the offense charged.

• Not determined by:

Ø  what may be meted out to the offender after trial

Ø  the result of the evidence that would be presented during the trial

• Jurisdiction is retained regardless of:

Ø  whether the evidence proves a lesser offense than that charged in the information,

Ø  the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance.

2. General Rule:  Jurisdiction of a court to try criminal action is to be determined by the law at the time of the institution of the action. 

• Exception: where the statute expressly provides, or is construed that it is intended to operate to actions pending before its enactment, in which case, the court where the criminal action is pending is ousted of jurisdiction and the pending action will have to be transferred to the other tribunal which will continue the proceeding.

3. Venue is jurisdictional.

• Thus: Action must be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof took place.

4. General Rule: the question of jurisdiction may be raised at any stage of the proceedings. 

• Exception: may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question.