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JOCELYN ASISTIO Y CONSINO v. PEOPLE

This case has been cited 1 times or more.

2015-12-09
PERALTA, J.
In the instant case; the lone issue invoked by petitioner is precisely "whether the Court of Appeals erred when it ruled that the Metropolitan Trial Court of Makati City did not have jurisdiction over the case despite clear showing that the offense was committed within the jurisdiction of said court." Evidently, therefore, the instant petition was filed within the bounds of our procedural rules for the issue herein rests solely on what the law provides on the given set of circumstances insofar as the commission of the crime of BP 22 is concerned. 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.[38] Thus, when a case involves a proper interpretation of the rules and jurisprudence with respect to the jurisdiction of courts to entertain complaints filed therewith, it deals with a question of law that can be properly brought to this Court under Rule 45.[39]