You are on page 1of 4

Action Definition Basis Commencement Parties

Civil A party sues another for “Every ordinary action Filing a complaint/ Two (2) or more
(Rules 1- the enforcement or must be based on a cause petition/ statement of contending parties, the
71) protection of a right, or the of actions.” (Sec 1 Rule 2) claims before the clerk of plaintiff and the
prevention or redress of a court and the payment of defendant;
wrong. corresponding docket
fees;

Criminal The State prosecutes a Arises from a violation of Filing a complaint or Two (2) contending
(Rules 110- person for an act or an act or omission information before the parties, the prosecution
127) omission punishable by punishable by law. court or if it requires and the defense;
law. preliminary investigation,
by filing an affidavit-
complaint before the
prosecutor’s office;

Special A remedy by which a party Exercise of privilege Filing a petition before the Generally by one (1) party
Proceeding seeks to establish a provided by law or statute. court and the payment of called the petitioner,
(Rules 72- status, a right, or a docket and other lawful except in some instances,
109) particular fact. fees. i.e. oppositor in the
probate of the will.

Court Original Concurrent Appellate

Supreme a) Actions involving With the CA, SB and RTC Over judgment, final orders and resolutions of the
Court ambassadors, public over petitions for certiorari, following:
ministers and consuls; prohibition, mandamus, a) The CA;
b) Over petition for habeas corpus, amparo b) SB under PD 1606, as amended;
certiorari, prohibition, and data. c) CTA en banc under Sec 11 of RA 9282;
mandamus, quo d) RTC on purely question of law;
warranto, habeas Limitation: Must adhere to e) CTA, SB, RTC in petition for writ of amparo filed in a
corpus; the Doctrine of Hierarchy pending criminal case (Sec 19 of A.M. No. 07-9-12-
c) Petitions for writ of of Courts. Such SC, effective October 24, 2007);
amparo; concurrence does not give f) CTA, SB, RTC in a petition for habeas data filed in a
d) Petition for habeas the petitioner unrestricted pending criminal case (Sec 19 of A.M. No. 08-1-16-
data. freedom of choice of court SC, effective February 2, 2008)
Sec 5. par 1. Art VIII. 1987 forum.
Constitution

Court of a) Petition for certiorari, With the SC, SB and RTC Exclusive appellate jurisdiction over all final judgments,
Appeals prohibition, over petitions for certiorari, decisions, resolutions, orders or awards of: (Sec 9(3) of
mandamus, habeas prohibition, mandamus, BP 129)
corpus; (Sec 9 of BP habeas corpus, amparo a) RTC;
129) and data. b) Quasi-judicial agencies, instrumentalities, boards or
b) Writ of amparo (A.M. commissions, including the SEC, the Social Security
No. 07-9-12-SC); Commission, ECC, and the CSC, except those falling
c) Habeas data (A.M. No. within the appellate jurisdiction of the SC in
08-1-16-SC); accordance with the Constitution, Labor Code, the
d) Petition for freeze provisions of BP 129, and of Sec 17 of the Judiciary
order on any monetary Act of 1948, pars 3.1 and 4.4.
instrument, property, Cases decided by the RTC in the exercise of its original
or proceeds relating to jurisdiction, shall be taken by
or involving any a) Filing a notice of appeal with the court which
unlawful activity as rendered the judgment or final order appealed from;
defined under Sec 3(j) and
of RA 9160 as b) By serving a copy thereof upon the adverse party.
amended, (Sec 44 of (Sec 3(a) Rule 122)
A.M. No. 05-11-04-SC, Cases decided by the RTC in the exercise of its
December 15, 2005) appellate jurisdiction, shall be by petition for review
under Rule 42.
Decisions of the RTC when the penalty imposed is
death, reclusion perpetua, or life imprisonment are
automatically reviewed by the CA. (People v. Val Delos
Reyes, G.R. No. 130714 & 139634, October 16, 2012,
citing People v. Mateo)

Sandigan Original (PD 1606, as amended) Concurrent


bayan
a) Violations of RA 3019, as amended, RA 1379, and Chapter II, Sec 2, Title VII, Book a) With the SC and CA:
II of the RPC, where one or more of the accused are officials occupying the i) Petitions for issuance
following positions at the time of the commission of the offense: of writs of certiorari,
i) Officials of the executive branch occupying the positions of RD and higher, prohibition,
otherwise classified as Grade 27 and higher, of RA 6758, specifically mandamus, habeas
including: corpus, and injunction
1) Provincial governors, vice-governors, members of SP, provincial and other ancillary
treasurers, assessors, engineers, and other department heads; writs in aid of its
2) City mayors, vice-mayors, members of the SP, city treasurers, assessors, appellate jurisdiction,
engineers, and other department heads; including quo warranto
3) Officials of the diplomatic service occupying the position of consul and arising in cases falling
higher; under EO Nos 1, 2, 14
4) Philippine army and air force colonels, naval captains, and all officers of and 14-A, s. of 1986.
higher rank; ii) Petitions for issuance
5) Officers of the PNP while occupying the position of provincial director of writ of amparo. (Sec
and those holding the rank of senior superintendent or higher; 3, A.M. No. 07-9-12-SC)
6) City and provincial prosecutors and their assistants, and officials and iii) Petition for habeas data
prosecutors in the Office of the Ombudsman and special prosecutor; (Sec 3, A.M. No. 08-1-
7) Presidents, directors or trustees, or managers of GOCCs, SUCs or 16-SC)
educational institutions or foundations; b) With SC, CA and RTC:
ii) Members of Congress and officials thereof classified as Grade 27 and up i) Petition for writ of
under RA 6758; amparo and writ of
iii) Members of the judiciary without prejudice to the provisions of the habeas data when
Constitution; action concerns public
iv) Chairmen and members of Constitutional Commissions without prejudice to data files of
the provisions of the Constitution; and government offices;
v) All other national and local officials classified as Grade 27 and up under RA ii) Petitions for certiorari,
6758. prohibition, and
b) Other offenses or felonies whether simple or complexed with other crimes mandamus, relating to
committed by the public officials and employees mentioned is subsection a of acts or omission of a
this section in relation to their office. MTC, corporation,
c) Civil and criminal cases filed pursuant to and in Connection with EO Nos 1, 2, 14 board, officer or person
and 14-A, s. of 1986. (People v. Morales, G.R. No. 166355, May 30, 2011) (Sec 4 Rule 65).
d) Violations of RA 9160, as amended, when committed by public officers and
private persons who are in conspiracy with such public officers. Appellate

Provided, that the RTC shall have exclusive original jurisdiction where the
Decisions and final orders
information:
of the RTC in the exercise
a) Does not allege any damage to the government or any bribery; or
of their original or
b) Alleges damage to the Government or bribery arising from the same or closely
appellate jurisdiction
related transactions or acts in an amount not exceeding P1M.
under PD 1606, and
appealable in the manner
provided by Rule 122.

Court of Exclusive original Sec 1, Rule IV of the Revised Rules of the CTA provides that the Court shall exercise
Tax jurisdiction over all exclusive original jurisdiction over or appellate jurisdiction to review by appeal the
criminal offenses arising cases specified in Sec 7, RA 1125, as amended.
Appeals from violations of the
NIRC or the Tariff and The Court En Banc shall exercise exclusive appellate jurisdiction to review by appeal
Customs Code and other the following:
laws administered by the a) Decisions or resolutions on motions for reconsideration (MFR) or new trial of the
BIR or the BoC: Provided, Court in Divisions in the exercise of its appellate jurisdiction over:
however, That offenses or i) Cases arising from admin agencies - BIR, BoC, DoF, DTI, DA;
felonies mentioned where ii) Local tax cases decided by the RTC in the exercise of their original
the principal amount of jurisdiction;
taxes and fees, exclusive iii) Tax collection cases decided by the RTC in the exercise of their original
of charges and penalties, jurisdiction involving final and executory assessments for taxes, fees, charges
claimed is less than P1M and penalties, where the principal amount of taxes and penalties claimed is
or where there is no less than P1M.
specified amount claimed b) Decisions, resolutions or orders of the RTC in local tax cases, or
shall be tried by the c) Tax collection cases decided or resolved by them in the exercise of their
regular courts and the appellate jurisdiction;
jurisdiction of the CTA d) Decisions, resolutions or orders on MFR or new trial of the Court in Division in the
shall be appellate. exercise of its exclusive original jurisdiction over tax collection cases;
e) Decisions of the Central Board of Assessment Appeals (CBAA) in the exercise of
its appellate jurisdiction over cases involving the assessment and taxation of real
property originally decided by the provincial or city BAA;
f) Decisions, resolutions or orders on MFR or new trial of the Court in Division in the
exercise of its exclusive original jurisdiction over cases involving criminal
offenses arising from violations of the NIRC or the Tariff and Customs Code and
other laws administered by the BIR or the BoC;
g) Decisions, resolutions or orders on MFR or new trial of the Court in Division in the
exercise of its exclusive appellate jurisdiction over criminal offenses mentioned
in the preceding paragraph; and
h) Decisions, resolutions or orders of the RTC in the exercise of their appellate
jurisdiction over criminal offenses mentioned in subparagraph (f).
Regional Original Concurrent Appellate
Trial
Courts Exclusive original a) With SC: Sec 22 of BP 129 provides
jurisdiction over: i) Actions affecting ambassadors, public ministers for the power of the RTC
a) Criminal cases not and consuls (Sec 21[1] BP 129) to review judgment, final
within the exclusive b) With SC and CA: orders of the MeTC, MTC
jurisdiction of any i) Petitions for habeas corpus and quo warranto. and MCTC.
court, tribunal or body. (Sec 5[1] Art VIII, 1987 Constitution)
(Sec 20 BP 129) c) With SC, CA, and SB: Special
b) Criminal cases where i) Petition for writ of amparo and writ of habeas
penalty > 6 years; data when action concerns public data files of
Sec 23 of BP 129 provides
c) Accused occupying government offices;
for the special jurisdiction
below Salary Grade 27; ii) Petitions for certiorari, prohibition, and
of the RTC is the following
d) Cases where penalty mandamus, relating to acts or omission of a
cases:
is only a fine that MTC, corporation, board, officer or person (Sec 4
a) Criminal cases;
>P4K. Rule 65).
b) Juvenile and domestic
e) Over Complex crimes; d) With MeTC, MTC, MCTC:
cases;
f) Illegal recruitment i) Application for Protection Order under Sec 10 RA
c) Agrarian cases;
cases under RA 8042, 9262, unless there is a Family Court in the
d) Urban land reform
as amended. residence of petitioner.
cases which do not
g) Violation of the IP
fall under the
Code;
jurisdiction of quasi-
h) Violation of
judicial bodies and
Environmental Laws,
agencies; and/or
rules and regulations.
e) Such other special
(Sec 1 Rule 9, Part IV
cases as the SC may
of Rules of Procedure
determine in the
of Environmental
interest of a speedy
Cases).
and efficient
administration of
justice.

Family Original and Exclusive Jurisdiction of the RTC acting as Family Court
Courts
RA 8369 granted exclusive original jurisdiction over child and family cases, as follows:
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. The sentence, however, shall
be suspended without need of application pursuant to PD No. 603, or the "Child and Youth Welfare Code".
b) Cases against minors cognizable under RA 9165; (see also A.M. No. 07-8-2-SC)
c) Violation of RA 7610, as amended;
d) Violation of RA 9775;
e) Cases of violence against women and their children under RA 9262, including applications for Protection Order
under the same act;
f) Criminal cases involving juveniles if no preliminary investigation is required under Sec 1 Rule 112 (Sec 1 A.M.
No. 02-1-18-SC).

MeTC Exclusive Original Jurisdiction in Ordinary Criminal Actions Special


MTC
MCTC Sec 32 of BP 129, as amended provides for the jurisdiction of lower courts over the Sec 35 of BP 129, as
following criminal cases: amended, provides that in
a) All violations of city or municipal ordinances within their respective territorial the absence of all the RT
jurisdictions; Judges in a province or
b) All offenses punishable with imprisonment of not more than 6 years irrespective city, any MeT, MT or MCT
of the amount of fine, and Judge may hear and
c) In all cases of damage to property through criminal negligence, regardless of decide, the following:
other penalties and the civil liabilities arising therefrom; and a) Petition for habeas
d) All offenses (except violations of RA 3019, as amended, RA 1379, and Chapter II, corpus; and
Sec 2, Title VII, Book II of the RPC) committed by public officers in relation to b) Application for bail in
their office, including those employed in the GOCCs, and by private individuals criminal cases.
charged as co-principals, accomplices or accessories, punishable with
imprisonment of not more than 6 years with a salary grade of less than 27. < 6 years

Under Sec 1 Par B of the 1991 Rules on Summary Procedure, the following cases fall
under the exclusive jurisdiction of the MeTC/MTC/MCTC: Instances where penalty of
a) Traffic violations; imprisonment is < 6 years
b) Violations of the rental law; but jurisdiction lies with
c) Violations of city or municipal ordinances; and the RTC or SB:
d) All other offenses where imprisonment does not exceed 6 months, and in a) Libel;
offenses involving damage to property through criminal negligence where the b) Art 210 of RPC;
imposable fine does not exceed P10K c) Art 211 of RPC
Shari’ah Jurisdiction over Criminal Cases
Circuit
Courts Art 155 of PD 1083 provides for the jurisdiction of Shari’ah Circuit Courts in the following criminal cases:
a) Illegal solemnization of marriage (Art 181);
b) Marriage before the expiration of ‘idda (Art 182);
c) Offenses relative to subsequent marriage, divorce and revocation of divorce (Art 183);
d) Failure to report for registration (Art 184);
e) Neglect of duty by registrars (Art 185).

The provisions of the RPC relative to Bigamy shall not apply to a person married in accordance with PD 1803, as
provided in Article 180 therein.

You might also like