Jurisdiction

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A.

JURISDICTION IN GENERAL
1. Origin
2. Definition
3. Effect of No Jurisdiction example
4. Jursidiction vs. Exercise of Jurisdiction
- Importance to Determine how an Error would be treated example
- Error of Jurisdiction (Grave Abuse of Discretion) vs. Error of Judgment
(Misinterpretation of Law or Wrong appreciation of Fact)
5. Where Jurisdiction is Vested (Court Not the Judge)
- Difference between the Court and Judge

B. CLASSIFICATION OF COURTS
1. Heirarchy of Courts (First Level to Court of Last Resort)
2. Regular and Special Courts (Family Courts and Sandiganbayan)

C. TYPES OF JURISDICTION
1. General (All cases not belong to other courts) and Special/Limited (Law Specifically Provides)
2. Original (Insituted/Commenced for the First Time) and Appellate (Power of Review over Lower)
3. Exclusive (Exclusion of other courts) and Concurrent/Coordinate (Shared Responsibility)

D. CRIMINAL JURISDICTION PROPER


1. Definition
2. Elements
a. Jurisdiction over Subject Matter
- Determined by the penalty provided by the law for the offense charged in the
complaint or information (People vs. Pecson)
b. Jurisdiction over Person of Accused
- Acquired Forcefully thru Service of Warrant or Voluntarily thru Voluntary Surrender
Recognizing the Courts Jurisdiction
c. Territorial Jurisdiction
- Crime or its essential ingredients was committed

E. CRIMINAL JURISDICTION FOR VARIOUS COURTS


1. Regular Courts:
a. SC Jurisdiction (Cases Appealed Directly without having to go through the CA)
- Criminal Cases Appealed where the Penalty imposed is Punishable by Death,
Reclusion Perpetua or Life Imprisonment
- Criminal Cases Appealed, though not Punishable by Death, Reclusion Perpetua or
Life Imprisonment, but arose out of the same occurrence or committed on the same
occasion with that of a More Serious Offense Punishable by Death, Reclusion
Perpetua or Life Imprisonment, regardless of whether the accused is being charged
as a principal, accomplice or an accessory and whether they are being tried jointly or
separately
- Criminal Cases Appealed, though not Punishable by Death, Reclusion Perpetua or
Life Imprisonment, but involves an issue which is purely a question of law
b. CA Jurisdiction (All other Cases not falling within the Exclusive Appelate Jurisdiction of the SC)
c. MTC Jurisdiction
- Violation of City or Municipal Ordinances
- Violation of BP 22 (Anti-Bouncing Checks Law)
- Imprisonment Not Exceeding 6 years, regardless of the Fine imposed
- Fine Only Not Exceeding 4,000
- Damage to Property through Criminal Negligence
d. RTC Jurisdiction
- Imprisonment Exceeding 6 years, regardless of the Fine imposed
- Imprisonment Not Exceeding 6 years (Libel, Violations of Intellectual Property Laws,
Dangerous Drugs Act or the Omnibus Election Code)
- Fine Only Exceeding 4,000
- All other Criminal Cases Not Falling within the Jurisdiction of other Courts, Tribunals
or Bodies
2. Special Courts
a. Family Courts
- Violation of RA 7610 or Child Abuse Law
- Domestic Abuse against Women or their Children under RA 9262
- Under RA 9165 involving Minors
b. Sandiganbayan
- Violation of RA 3019 (Anti-Graft and Corrupt Practices Act) involving Public Officers
with SG 27 or Higher
- Violation of RA 1379 (Anti-Ill Gotten Wealth Act)
- Under RA 8249 involving Public Officers in Relation to their Office

Nature of the Position and Nature of the Crime Committed regardless of the Penalty Involved
What do you mean Committed in Relation to their Office?
- Offense cannot be committed if not by reason of the Office involved

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