Jurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal Procedure
Jurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal Procedure
Jurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal ProcedureJurisidiction of Courts in Criminal Procedure
EXCLUSIVE Mandamus [CPM] against: and ORIGINAL a.Court of Appeals JURISDICTION b.Sandiganbayan
With the CA 1.Petitions for Certiorari, Prohibition and Mandamus (CPMC) against: CONCURREN a.RTC T
With the RTC and CA
1.Petitions for Certiorari, Prohibition and Mandamus (CPM) against: a. MTC
By way of Petition for Review on
Certiorari: APPELLATE 1.From the Court of Appeals 2.From the Sandiganbayan; and 3.From the RTC where only an error or question of law is involved. Note: Where the penalty imposed is reclusion perpetua or life imprisonment, appeal should be made to the CA and not with the SC (People vs. Mateo, G.R. Nos. 14678-87, July 7, 2004). COURT OF APPEALS EXCLUSIVE and ORIGINAL Crimes of Terrorism under the Human Security Act of JURISDICTION 2007
With the SC:
1. Petitions for Certiorari, Prohibition and Mandamus (CPM) against: 1. RTC
CONCURREN With the RTC and SC:
T 1. Petitions for Certiorari, Prohibition and Mandamus (CPM) against: a. MTC
By Notice of Appeal:
1. From the RTC in the exercise of its original
jurisdiction, except those appealable to the APPELLATE Sandiganbayan, CTA, and SC; and 2. From the RTC where the penalty imposed is reclusion perpetua or life imprisonment or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed (RoC, Rule 22, Sec. 3, as amended by A.M. No. 00-5-03-SC).
By Automatic Review (i.e. no notice of appeal is
necessary):
1. From the RTC, in cases where the death penalty
(or capital punishment) is imposed.
By petition of review under Rule 42: (Rule 42: Petition
for review from the RTC to the CA)
1. From the RTC, in cases appealed thereto from
lower courts and not appealable to the Sandiganbayan. SANDIGANBAYAN 1. Violation of: a. R.A. No. 3019 (Anti-Graft and Corrupt Practices Act); b. R.A. No. 1379 (Ill Gotten Wealth); c. Chapter 2, Section 2, Title 7, Book 2 of the Revised Penal EXCLUSIVE Code (Bribery, etc) where one or more of the accused are and ORIGINAL official occupying the following positions in the government, JURISDICTIO whether permanent, acting, or interim capacity at the time N of the commission of the offense: i. 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; ii. Members of the Congress and officials classified as Grade 27 and up of the Compensation and Position Classification Act of 1989; iii. Members of the Judiciary without prejudice to the provisions of the Constitution; iv. Chairmen and members of the Constitutional Commissions, without prejudice to the Constitution; and v. All other national and local officials classified as Grade 27 and up of the Compensation and Position Classification Act of 1989;
NOTE: It is not only the salary grade that determines the
jurisdiction of the Sandiganbayan. The salary grade has no reference for example to the Provincial Governors, vice governors, or members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, directors and managers of GOCCs, City Mayors, Vice-Mayors, City Treasurer, Assessors, Engineers, Trustees of State Universities and other officials enumerated in Sec. 4(1) (a) from letters a to g of P.D. No. 1606, as amended.
2. Other offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees mentioned in subsection (a) in relation to their office. 3. Cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14 and 14-a (sequestration cases), issued in 1986. 4. Money laundering cases committed by public officers and private persons who are in conspiracy with such public officers.
Appeal from the final judgments, resolutions, or orders of RTCs
whether in the exercise of their own jurisdiction or of their appellate APPELLATE jurisdiction where all the accused are occupying positions lower than salary grade 27 or not otherwise covered by the preceding enumeration.
Petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunction, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under E.O. Nos. 1, 2, 14-a, issued in 1986: Provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court. REGIONAL TRIAL COURTS 1. Criminal case not within the exclusive jurisdiction of any court, tribunal, or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan; EXCLUSIVE 2. Offenses the imposable penalty for which exceeds 6 years and ORIGINAL imprisonment; JURISDICTIO 3. In cases where the only penalty is a fine exceeding P4,000 N (Adm. Cir 09-94); 4. Criminal cases under specific laws: a. Written defamation b. Jurisdiction of designated courts over cases in violation of the Comprehensive Drugs Act of 2002 as provided in Section 90 thereof; and c. Violation of Intellectual Property rights.
5. All cases on money laundering except those falling under the
jurisdiction of the Sandiganbayan; and 6. Election Offenses
FAMILY COURT criminal cases where:
1. One or more of the accused is/are below 18 years of age but
not less than 9 years of age; or 2. Where one of the victims is a minor at the time of the commission of the offense; 3. Cases against minors cognizable under the Dangerous Drugs Act of 2002; 4. Violations of the R.A. No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) as amended by R.A. No. 7658; and 5. Cases of Domestic Violence against Women and Children.
5. Actions involving title to or possession of real property or any
interest therein where assessed value or interest in real property Exceeds P20, 000 outside Metro Manila Exceeds P50, 000 in Metro Manila 6. Actions the subject matter is incapable of pecuniary estimation 7. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising juridical or quasi-judicial functions 8. Under Sec.5.2 of Securities and Regulation Code: a. Cases involving devices or schemes employed by or any acts of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation b. Controversies arising out of Intra corporate or partnership relations; c. Controversies in the elections or appointments of directors, trustees, officers, or managers of corporations, partnership or associations d. Petitions of corporations, partnerships or associations to be declared in a state of suspension of payments
APPELLATE All cases decided by the MTCs in their respective territorial
jurisdiction.
SPECIAL To handle EXCLUSIVELY criminal cases to be designated by the
Supreme Court. MUNICIPAL TRIAL COURTS
1. Offenses punishable with imprisonment not
EXCLUSIVE exceeding 6 years irrespective of the amount of and ORIGINAL fine and regardless of other imposable accessory JURISDICTIO or other penalties, including the civil liability arising N from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof;
NOTE: The rules disregarding the amount of the
fine and other accessory penalties applies where the offense is punishable by imprisonment or fine or both, but not when the offense is punishable by fine only.
NOTE: The jurisdiction of the MTC is qualified by
the phrase Except in cases falling within the exclusive jurisdiction of the RTC and of the Sandiganbayan. This indicates that the MTC does not at all times have jurisdiction over offenses punishable with imprisonment not exceeding 6 years if jurisdiction is vested by law either in the RTC, e.g., libel, or Sandiganbayan, e.g., bribery. 2. Where the only penalty provided for by law is a fine not more than P4, 000 (Adm. Cir. 09-94). 3. Offenses involving damage to property through criminal negligence. 4. Those covered by the Rules on Summary Procedure: a. Violation of traffic laws, rules and regulations; b. Violation of rental law; c. Violation of municipal or city ordinances; d. Violation of B.P. Blg. 22 (A.M. No. 00-11-01- SC); e. All other criminal cases where the penalty imprisonment not exceeding 6 months and/or P1, 000 fine irrespective of other penalties or civil liabilities arising therefrom; and f. Offenses involving damage to property through criminal negligence where the imposable fine does not exceed P10, 000.
SPECIAL Special Jurisdiction on applications for bail in criminal cases
in the absence of all RTC judges in a province or city (B.P. 129, Sec. 35).