Legal Questions

Can jurisdiction over the person of the accused be waived?

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Yes, unlike jurisdiction over the offense which is conferred by law or the Constitution, jurisdiction over the person of the accused may be waived. For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived.

SCENARIO:

X was charged in court with an offense.  X filed a motion to quash on the ground that the court had no jurisdiction over his person because the arrest was illegal and because the information was incomplete.  Can X invoke lack of jurisdiction of the court over his person?

No, X cannot invoke the lack of jurisdiction of the court. One who desires to object to the jurisdiction of the court over his person must appear in court for that purpose only, and if he raises other questions, he waives the objection.

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