SOURCES OF CRIMINAL PROCEDURE
the lust for vengeance
1987 Philippine Constitution
The Revised Rules on Criminal Procedure Rules 110-127
as amended Dce 1, 200 AM No. 00-5-03-SC
BP 129 Judiciary Reorganization Act of 1980
RA 7691 an Act expanding the jurisdiction of MTC,
MeTC, MCTC
PD 1606 an act establishing Sandiganbayan
RA 6770 otherwise known as Ombudsman Act of 1989
IN ALL CRIMINAL PROCEEDING means proceeding
before the trial court from arraignment to rendition of
judgment
Injunction will not lie to restrain criminal prosecution
because public interest requires that criminal acts be
immediately investigated and prosecuted for the
protection of society
EXCeptions Institution of criminal actions discretionary with
the fiscal (quasi-judicial function)
to afford adequate protection to the consti rights of the
accused
when necessary for the orderly administration of justice
or to avoid oppression or multiplicity of actions
when there is prejudicial question which is subjudice
when the acts of the officer are without or in excess of
authority
where the prosecution is under an invalid law ordinance
or regulation
where the court has no jurisdiction over the offense
where the charges are manifestly false and motivated by
when there is clearly no prima facie case against the
accused and to quash on that ground has been denied
VENUE is jurisdictional
the place where the crime was committed determines not
only venue of the action but is an essential element of
jurisdiction
In case the court has no jurisdiction over the subject matter of
the action or over the offense charged, it shall be ground for a
motion to quash that the court has no jurisdiction over the
offense charged and the case will be dismissed
TERRITORIAL JURISDICTION in criminal cases is the
territory where the court has jurisdiction to take
cognizance or to try offense allegedly committed by the
accused
SUPREME COURT
ORIGINAL
The SC shall exercise original jurisdiction over cases affecting
ambassadors, public ministers and consuls and over petitions for
certiorari, prohibition mandamus, habeas corpus, amparo and
data
CONCURRENT
with Court of Appeals, Sandiganbayan, and RTC over cpm, hc, a,
d
APPELLATE
by way of petition for review on certiorari under Rule 45 of 1997
Rules of Civil Procedure in relation to Rule 125 of Revised Rule
of Crim pro
decision, final order or resolution by CA
 decision final order or reso by Sandiganbayan (PD 1606
as amended 7975 and RA 8249 in rel to Rule 45
Decision, final order or resolution of CTA en banc
(section 11 of RA 9282)
Decision of Shariah Appellate Courts
from RTC where only an error or question of law is
involved
CA, SB and RTC in petition for writ of amparo and
habeas data filed in a pending case
COURT OF APPEALS
Original
The CA shall exercise original jurisdiction over cases affecting
ambassadors, public ministers and consuls and over petitions for
certiorari, prohibition mandamus, habeas corpus, amparo and
data
Appellate
by ordinary appeal
Decision and f.o by the RTC in the exercise of its original
jurisdiction except those appealable to the SC or Sandiganbayan
or CTA
by petition for review
Decision and final orders rendered by RTC in the exercise of its
appellate jurisdiction can be appealed by petition for review
under Rule 42 in relation to Rule 122
automatic review of the decision of RTC when the
penalty imposed is death, reclusion perpetua or life
imprisonment
SANDIGANBAYAN
Section 4. Section 4 of the same decree is hereby further
amended to read as follows:
"a. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-graft and Corrupt Practices Act, Republic Act
No. 1379, and Chapter II, Section 2, Title VII, Book II of the
Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government
whether in a permanent, acting or interim capacity, at the time of
the commission of the offense:
"(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade '27'
and higher, of the Compensation and Position Classification Act
of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan and provincial treasurers, assessors,
engineers and other provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors engineers and other city
department heads;
"(c) Officials of the diplomatic service occupying the position of
consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
"(e) Officers of the Philippine National Police while occupying
the position of provincial director and those holding the rank of
senior superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman and
special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-
owned or -controlled corporations, state universities or
educational institutions or foundations;
"(2) Members of Congress and officials thereof classified as
Grade'27'and up under the Compensation and Position
Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions
of the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as
Grade'27'and higher under the Compensation and Position
Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned in subsection a of this section in relation to their
office.
"c. Civil and criminal cases filed pursuant to and in connection
with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions
corresponding to salary grade '27' or higher, as prescribed in the
said Republic Act No. 6758, or military or PNP officers
mentioned above, exclusive original jurisdiction thereof shall
be vested in the proper regional trial court, metropolitan
trial court, municipal trial court and municipal circuit trial court '
as the case may be, pursuant to their respective jurisdiction as
provided in Batas Pambansa Blg. 129, as amended.
ORIG/CONCURRENT
with SC and CA
petition for issuance of writs cpm, hc and injunction and
other ancillary writs including quo warranto in cases
falling under E.O. 1, 2, 14, 14-A
petition for writ of amparo
over petition for habeas data
concurrent with SC, CA and RTC
petition for writ of amparo and habeas data when action
concerns public data files of government offices
petition for c,p, m relating to an act or omission of MTC,
corporation, board, officer or person
APPELLATE JURISDICTION
decisions and final orders of RTC in the exercise of their orig and
appellate jurisdiction under PD 16006 shall be appealable to SB
COURT OF TAX APPEALS
exclusive orig jurisdiction over all criminal offense arising
from violations of NIRC or Tariff and Custom Code and
other laws administered by BIR or BOC Provided
howeverthat offenses or felonies mentioned in this par
where the principal amt of taxes and fees, exclusive of
charges and penalties claimed is less than 1 million pesos or
where there is no specified amt claimed shall be tried by
regular courts and the jurisdiction of CTA shall be appellate
REGIONAL TRIAL COURT
Original/ Exclusive
criminal cases not within the exclusive jurisdiction of
any court, tribunal or body
criminal cases where the penalty provided by law
exceeds six years imprisonment irrespective of fine
in cases where none of the accused are occupying
positions corresponding to SG 27 or higher as
prescribed in said RA 6758
in cases where the only penalty provided by law is
fine, the RTC have jurisdiction if the amount of fine
exceeds 4,000 pesos
jurisdiction over complex crimes
illegal recruitment cases as penalized under RA 8042
as amended by RA 10022
violation of the provisions of IP Code
violations of Environmental laws, rules and
regulations
CONCURRENT with SC
actions affecting ambassadors, pm and consul
CONCURRENT with SC and CA
petition for habeas corpus and qw
CONCURRENT with SC, CA and SB
petition for writ of amparo and habeas data when action
concerns public data files of government offices
petition for c,p, m relating to an act or omission of MTC,
corporation, board, officer or person
CONCURRENT with MTC
application for protection order under Section 10 RA 9282
unless there is a FC in the residence of petitioner
APPELLATE
decision and fo of MTC, MeTC, MCTC
SPECIAL JURISDICTION OF RTC
criminal cases
juvenile and domestic relations cases
agrarian cases
urban land reform cases which do not fall under
jurisdiction ofquasi judicial bodies
FAMILY COURTS
original and exclusive jurisdiction of RTC acting as Family
Court
a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or where
one or more of the victims is a minor at the time of the
commission of the offense: Provided, That if the minor is
found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have
incurred.
Cases against minors cognizable under the Dangerous
Drugs Act, as amended;
Violations of Republic Act No. 7610, otherwise known
as the "Special Protection of Children Against Child
 Abuse, Exploitation and Discrimination Act," as
amended by Republic Act No. 7658
violation of RA 9775 Anti Child Pornography of 2009
cases of violence against women and their children
under RA 9262 including application for protection
orders
criminal cases involving juveniles if no preliminary
investigation is required under Sec 1 of Rule 112
MUNICIPAL TRIAL COURT
Exclusive original jurisdiction over all violations of city
or municipal ordinances committed within their
respective territorial jurisdiction
Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine,
offenses involving damage to property through criminal
negligence regardless of other imposable accessory or
other penalties, including the civil liability arising from
such offenses or predicated thereon
all offenses (except violation of RA 3019) committed
by public officers and employee in relation to their
public office including employed in GOCC punishable
with imprisonment of not more than 6 years with salary
grade of less than 27
RULES ON SUMMARY PROCEDURE
traffic violations
violations of rental law
violation of city and municipal ordinances
all other offenses where penalty does not exceed 6
months (libel case by means of writing or similar
means (Article 355), indirect bribery, other forms of
bribery penalized under RC Article 210) liabilities
and in offenses involving damage to property
through criminal negligence where the imposable
fine does not exceed 10,000 pesos
SPECIAL JURISDICTION
petition for habeas corpus
application for bail in criminal cases
SHARIAH CIRCUIT COURTS
Illegal solemnization of marriage
Marriage before the expiration of idda (Article 182)
Offenses relative to subsequent marriage, divorce, and
revocation of divorce
failure to report for registration
neglect of duty by registrars
OFFICE OF THE SOLICITOR GENERAL
SECTION 35. Powers and Functions.The Office of the
Solicitor General shall represent the Government of the
Philippines, its agencies and instrumentalities and its officials
and agents in any litigation, proceeding, investigation or matter
requiring the services of a lawyer. When authorized by the
President or head of the office concerned, it shall also represent
government-owned or controlled corporations. The Office of
the Solicitor General shall constitute the law office of the
Government and, as such, shall discharge duties requiring the
services of a lawyer. It shall have the following specific powers
and functions:
Represent the Government in the Supreme Court and
the Court of Appeals in all criminal proceedings;
represent the Government and its officers in the
Supreme Court, the Court of Appeals, and all other
courts or tribunals in all civil actions and special
proceedings in which the Government or any officer
thereof in his official capacity is a party.
Deputize, whenever in the opinion of the Solicitor
General the public interest requires, any provincial or
city fiscal to assist him in the performance of any
function or discharge of any duty incumbent upon him,
within the jurisdiction of the aforesaid provincial or city
fiscal. When so deputized, the fiscal shall be under the
control and supervision of the Solicitor General with
regard to the conduct of the proceedings assigned to the
fiscal, and he may be required to render reports or
furnish information regarding the assignment.
Deputize legal officers of government departments,
bureaus, agencies and offices to assist the Solicitor
General and appear or represent the Government in
cases involving their respective offices, brought before
the courts, and exercise supervision and control over
such legal Officers with respect to such cases.
DEPARTMENT OF JUSTICE
SECTION 3. Powers and Functions.To accomplish its
mandate, the Department shall have the following powers and
functions:
(1) Act as principal law agency of the government and as legal
counsel and representative thereof, whenever so required;
(2) Investigate the commission of crimes, prosecute offenders
and administer the probation and correction system;
(3) Extend free legal assistance/representation to indigents and
poor litigants in criminal cases and non-commercial civil
disputes;
(4) Preserve the integrity of land titles through proper
registration;
(5) Investigate and arbitrate untitled land disputes involving
small landowners and members of indigenous cultural
communities;
(6) Provide immigration and naturalization regulatory services
and implement the laws governing citizenship and the
admission and stay of aliens;
(7) Provide legal services to the national government and its
functionaries, including government-owned or controlled
corporations and their subsidiaries; and
(8) Perform such other functions as may be provided by law.