WHICH LAW DETERMINES THE JURISDICTION OF THE COURT?

Category: Criminal Procedure

WHICH LAW DETERMINES THE JURISDICTION OF THE COURT— THE LAW IN FORCE AT THE TIME OF THE COMMISSION OF THE OFFENSE OR THE ONE IN FORCE AS OF THE TIME WHEN THE ACTION IS FILED?

> General rule: the law as of the time when the action is filed, and not when the offense was committed

> Exception to the rule: where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense—in this case, jurisdiction is determined by the law in force at the time of the commission of the offense.

WHY IS THE APPLICABLE LAW THE LAW IN FORCE AT THE TIME WHEN THE ACTION IS FILED?

> Since otherwise, it would amount to an ex post facto law if the law is given retroactive effect and it is not beneficial to the accused.