CRIMINAL PROCEDURE: PROSECUTION OF OFFENSE

A.M NO. 00-5-03-SC

• Approved by the supreme court on October 3, 2000

• Date of affectivity- December 1, 2000

CRIMINAL PROCEDURE

• A procedural steps through criminal cases found in Rule 110-127 of the revised
rules on criminal procedure and the 1987 constitution of the Philippines
• Revised and approved by the SC A.M. NO. 00-5-03 SC effective December 1,
2000
• It is a method prescribed by law for the apprehension and prosecution of
person’s accused of any criminal offense, and for the punishment in case of
conviction.
• TREATS OF THE SERIES OF PROCESSES BY WHICH CRIMINAL LAWS ARE
ENFORCED AND BY WHICH THE STATE PROSECUTES PERSONS WHO VIOLATE
PENAL LAWS
• AS APPLIED TO CRIMINAL LAW, PROCEDURAL LAW PROVIDES OR REGULATES
THE STEPS BY WHICH ONE WHO HAS COMMITTED A CRIME IS TO BE PUNISHED

SOURCES OF LAW ON CRIMINAL PROCEDURE

1. Rules 110-127 OF THE REVISED RULES OF COURT, as amended by A.M. NO. 00-5-
03-SC
2. 1987 CONSTITUTION particularly those under rights of the accused under Article 3 BILL
OF RIGHTS
3. VARIOUS ACTS PASSED BY THE LEGISLATURES LIKE B.P. 129 AS AMENDEDD
BY RA NO. 7691
4. CIVIL CODE PARTICULARLY ARTICLE 32, 33 AND 34
5. PRESIDENTIAL DECREE
6. EXECUTIVE ORDERS
7. DECISIONS OF THE SUPREME COURT

DISTINCTION (CRIMINAL LAW VS. CRIMINAL PROCEDURE)

• Criminal law- substantive. It defines crimes, treats of their nature and provides
for their punishment.
• Criminal procedure – remedial law. Provides method by which a person
accused of a crime is arrested, tried and punished.

CRIMINAL ACTION

• It is one by which the state prosecutes a person for an act or omission

punishable by law.

JURISDICTION DEFINED

• Derived from the 2 latin words juris and dico (I SPEAK BY THE LAW)
• It is the authority to hear and determine a cause of action (Herrera vs.
Barreto)
• It is the right that put the wheel of justice in motion and to proceed to the final
determination of the cause upon the pleadings and evidence (PP vs.
Mariano, supra)
• IT is the power to hear and determine matters in controversy according to the
established rules of law and to carry the sentence or judgment of court into
execution (Moranda vs. Rovira)
• It is vested in the court not in the judges.
• It is conferred only by the constitution or law and cannot be fixed by the will of
the parties

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DISTINCTION (VENUE VS. JURISDICTION)

VENUE- is procedural it deals with locality, a particular country or geographical area

which a court with jurisdiction may hear and determine a case

JURISDICTION- is substantial, it is the power of the court to decide the case on the
merits (CRISOSTOMO VS. ECHIVERRI)

EFFECTS OF VENUE

A. Civil- can be waived or be the subject of an agreement

B. Criminal- cannot be so waived or stipulated upon because it is an element of
jurisdiction (PP vs Enriquez)

EXERCISE OF JURSIDICTON

A court may act

1. Without power or jurisdiction (judgment is wholly void as though it has not been
done)
2. Having power of jurisdiction may exercise it wrongfully (so it must be reversed
upon error)
3. Irregularly (must be corrected by motion)- (Herrera vs. Barreto supra)

REQUISITES OF CRIMINAL JURISDICTION

1. The offense is one which the court is by law authorized to take cognizance
2. The offense must have been committed within its territorial jurisdiction
3. Person charged WITH THE offense must have been brought to its presence for
trial, forcibly by warrant of arrest or upon his voluntary submission over the
territory where the offense was committed and the jurisdiction over the person of
the accused (PP vs. Rivera)

INSTITUTION OF CRIMINAL OFFENSE

• Offenses for Preliminary investigation: file the complaint with the proper
officer for the purpose of conducting PI.
• ALL OTHER OFFENSES- file the complaint or information directly with the
municipal trial courts, and municipal circuit trial courts and municipal trial courts
or the office of prosecutor.

COMPLAINT OR INFORMATION

The complaint or Information shall be in writing, in the name of the people of the
Philippines and against all person who appear to be responsible for the offense
involved.

Complaint- it is a sworn statement charging a person with an offense, subscribed by

the offended party, any peace officer, other public officer charged with the enforcement
of the law.

Information- an accusation in writing charging a person with an offense subscribed by

the prosecutor and filed with the court.

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SYSTEM OF CRIMINAL PROCEDURE

1. INQUISITORIAL - the detection and prosecution of crimes are left to the initiative of
officials and agents of the law. The procedure is characterized by secrecy and the
judge is not limited to the evidence brought before him but could proceed with his
own inquiry which is not confrontative.
◼ Legal system where the court or part of the court is actively involved in
investigating the facts of the case.
◼ Judges tend to be free to make decisions on a case to case basis.
◼ During Spanish interlude in the actions history and remain in force up to
coming of the Americans
2. Accusatorial/adversarial- it contemplates two contending parties before
the court which hears them impartially and renders judgment after trial. The
procedure is confrontative and the trial is publicly held and ends with the
magistrate rendering the verdict .
◼ Where the role of the court is primarily that of an imperial referee between
the prosecution and the defense.
◼ Previous decisions made by higher courts form a precedent which will
bind the lower courts.
◼ Requires all crimes except the so called private offenses which must be
commenced by the complaint of the offended party to be prosecuted by
the public prosecutor
◼ Accused has the right to be present at any stage of the proceeding, to be
heard personally or by counsel
◼ Right of the accused against compulsory self-incrimination is guaranteed
◼ Accused enjoys the presumption of innocence which last until his guilt is
proved beyond reasonable doubt
◼ It is grounded in the due process school of criminology that there be moral
certainty of guilt to defeat the constitutional presumption of innocence(PP
VS Egot)
◼ GENERAL RULE: a court proceeding in our judicial set up is accusatorial
or adversarial and not inquisitorial in nature (IT CONTEMPLATES TWO
CONTENDING PARTIES BEFORE THE COURT WHICH HEARS THEM
IMPARTIALLY AND RENDERS A JUDGMENT ONY AFTER TRIAL.
(QUESTO VS. CATOLICO)
◼ THUS, PRELIMINARY EXAMINATION conducted by a judge before he
issues the warrant of arrest is an aspect of inquisitorial SYSTEM
◼ SO IT MAY be asserted that the rights of the accused to be present at any
stage of the proceedings and defend himself in person, to be exempt from
being a witness against himself during trial among other rights- features
of the accusatorial system which have since been incorporated in
our rules of criminal procedure
◼ The essence of the accusatorial system is that THE BURDEN OF
DEMONSTRATING GUILT falls on the prosecution, the standard to satisfy
constitutional requirement of the presumption of innocence being overcome is
that capability be shown beyond reasonable doubt
◼ NOTE: QUANTUM OF PROOF REQUIRED IN CRIMINAL CASES- PROOF
BEYOND REASONABLE DOUBT
3. Mixed system – IT is a combination of the inquisitorial and the accusatorial system.
Thus the examination of the defendants and other person before filling of the complaint
or information may be inquisitorial. This is particularly true in the preliminary
examination, for the purpose of issuing a warrant of arrest.

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CONSTRUCTION OF RULES (LIBERAL INTERPRETATIONS OF THE RULES)

• Shall be liberally construed in order to promote their objective securing a

JUST, SPEEDY and INEXPENSIVE disposition of every action and proceeding
to protect substantial rights of the accused
• Formal defects and technicalities which do not affect the substantial rights of the
parties should be cured during trial.
• MEANING: the SC emphasized that the rules of court should not be interpreted
to sacrifice the substantial rights of the litigant at the altar of technicalities to the
consequent principles of sacred principles of justice (Alonso vs. Villamor)

INSTITUTIONS OF CRIMINAL ACTION INTERRUPTS PRESCRIPTIVE PERIOD

◼ GENERAL RULE: the filing of the complaint for an offense which carries the
penalty of at least 4 years, 2 months and 1 day without regard to a fine, with the
office of the proper officer authorized to conduct preliminary investigation
interrupts the prescriptive period of the offense charged.
◼ EXCEPTION: when a special laws provide otherwise. Act No. 3323 governs the
prescriptive periods of violations of special laws, or offenses other than those
penalized under the revised penal code
◼ Filing of a complaint with the office of the Ombudsman also interrupts the
prescription of period of crimes.

CRIMINAL PROSECUTION MAY NOT BE RESTRAINED

◼ GENERAL RULE: Injunction will not be granted to restrain criminal prosecution

applies with more reason when the case is still at the preliminary investigation
stage.
◼ May not be restrained through preliminary or final injunction or a writ of
prohibition, except the case falls under exception of the case.
◼ Courts cannot interfere with the discretion of the prosecutor or the ombudsman to
determine the specificity and adequacy of the averments of the offense charged

INJUNCTION TO RESTRAIN CRIMINAL PROSECUTION

EXCEPTION to the general rule: (prosecution may issue in the following

instances)

1. Where the injunction is justified by the necessity to afford protection to the

constitutional rights of the accused.
2. When necessary for the orderly administration of justice or to avoid oppression pr
multiplicity of action.
3. When there is a prejudicial question which is sub judice (under judgment or
question of law)
4. When the acts of the officer are without or in excess of authority
5. Where the prosecution is under an invalid law, ordinance , or regulation
6. When double jeopardy is apparent
7. Where the court has no jurisdiction over the offense
8. Where it is a case of persecution rather than prosecution
9. Where the charges are manifestly false and motivated by the lust of vengeance;
10. Where there is clearly no prima facie evidence case against the accused and the
motion to quash on that ground had been denied
11. Preliminary injunction has been issued by the Supreme court to prevent the
threatened unlawful arrest petitioners

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WHO MUST PROSECUTE THE CRIMINAL ACTIONS?

◼ ALL criminal action commenced by a complaint or information shall be

prosecuted under the direction and control of public prosecutor
◼ IN CASE OF HEAVY OR LACK OF PUBLIC PROSECUTOR , the private
prosecutor may be authorized in writing by the chief of the prosecution office or
the regional state prosecution to prosecute the case subject to the approval of
the court.
◼ PRIVATE PROSECUTOR once authorized, shall continue to prosecute the case
up to the end even in the absence of the public prosecutor UNLESS authority is
revoked or otherwise withdrawn
◼ OFFENSES OF ABDUCTION, SEDUCTION AND ACTS OF
LASCIVIOUSNESS- Shall not be prosecuted except upon a complaint filed by
the offended party or her parents, grandparents or guardian
◼ If the offended party dies or become incapacitated before she can file a
complaint and has no parents, grandparents or guardian the state shall initiate in
her behalf
◼ Offended party is a minor- has the right to initiate the prosecution of the offense
independently of her parents, grandparents, or guardian UNLESS she is
incompetent or incapable of doing so
◼ The parent, grandparents or guardian is an exclusive of all persons and shall be
exercise successively

SUFFICIENCY OF COMPLAINT OR INFORMATION

◼ IT MUST STATE:
1. THE NAME OF THE ACCUSED;
2. THE DESIGNATION OF THE OFFENSE GIVEN BY THE STATUTE
3. THE ACTS OR OMISSION COMPLAINED OF AS CONSTITUTING THE
OFFENSE
4. THE NAME OF THE OFFENDED PARTY
5. THE APPROXIMATE DATE OF THE COMMISSION OF THE OFFENSE
6. THE PLACE WHERE THE OFFENSE WAS COMMITTED

CAUSE OF ACCUSATION

The acts or omissions complained of as constituting the offense and the qualifying
and aggravating circumstances must be stated in ordinary and concise language not
necessarily in the language used in the statute for the court to pronounce judgment

DUPLICITY OF AN OFFENSE

◼ A complaint or information must be charged only one offense EXCEPT when

the law prescribes a single punishment for a various offenses

PROSECUTOR’S 2 FOLD TASK (prosecutor has the control of prosecution)

1. To prove that the crime has been committed

2. That the accused is the person responsible therefor.

It must be able to overcome the constitutional presumption of innocence with evidence

beyond reasonable doubt to justify the conviction of the accused

PROSECUTOR HAS THE CONTROL OF PROSECUTION

• the state is the offended party of a criminal case

• it must be prosecuted under the control and guidance of the State through the
government prosecutor

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• ACQUITTAL AND DISMISSAL: when the private complainants intends to

question the judgment, APPEAL will be represented by the SOLICITOR
GENERAL only

SOLICITOR GENERAL

• In APPEALED cases, only the solicitor general may bring or defend action on
behalf of the people once such action is brought to the court of appeals or to the
supreme court
• As the official in control of criminal cases before the appellate courts, HE MAY
ABANDON OR discontinue the prosecution case in the exercise of his sound
discretion
• May even recommend acquittal of an accused when he believes the evidence
does not warrant conviction.

CRIMES WHICH CANNOT BE PROSECUTED “DE OFFICIO”

• ART 344- Prosecution of crimes of adultery, concubinage, and acts of

lasciviousness (rape is already a crime against person)
• Adultery and concubinage shall not be prosecuted EXCEPT upon a complaint
filed by the offended spouse.
• Offended party cannot institute criminal prosecution without including BOTH
guilty parties.

DUE PROCESS IN CRIMINAL PROCEEDING

- Is mandatory and indispensable and cannot possibly be met without a law which hears
before it condemns and proceeds upon inquiry and renders judgment only after trial.
- Under section 1, article 3 of the 1987 Philippine Constitution, it explicitly provides that
"No person shall be deprived of life, liberty or property without due process of law"

Requirements of Due process in criminal proceeding

1. That the court or tribunal trying the case is properly clothes with judicial power to hear and
determine the matter before it.

2. That jurisdiction is lawfully acquired by it over the person of the accused

The court acquires jurisdiction over the person accused by his ARREST or VOLUNTARY
SURRENDER / VOLUNTARY APPEARANCE/ SUBMISSION

3. That the accused is given an opportunity to be heard

4. That judgment is rendered only upon lawful hearing

CRIMINAL JURISDICTION – the authority of the court to hear and try a particular
offense and to impose the punishment provided by law.

2 INQUIRIES

1. Has jurisdiction over the offense by virtue of the imposable penalty and its nature
2. Files within the territorial jurisdiction

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2 INQUIRIES OF JURISDICTION

1. Once the jurisdiction is acquired by the court in which the information is files, it is
there retained regardless of whether the evidence proves a lesser offense than
that charged in the information
GENERAL RULE: Jurisdiction of a court is determined by the law at the time of
the institution of the action.
EXCEPTION: where the state expressly provides or is construed that it is
intended to operate to actions pending before its enactment, which the court
where the criminal actions pendingis ousted of jurisdiction and pending action will
have to be transferred to other court.
2. Venue or the place where the case is to be tried, which is jurisdictional in criminal
cases
Venue of criminal cases is essential element of jurisdiction, which requires the
action instituted and tried in the municipality or territory where th offense has
been committed or the essential ingredients took place

JURISDICTION IS DETERMINED

• IN CRIMINAL CASES, THE COMPLAINT OR INFORMATION MUST be

examined to determined the allegations and not by the findings of the court may
make after the trial.
• EXAMPLE: the prosecution of kidnapping with murder alleged that took place in
DAPITAN CITY, BUT THE EVIDENCE SHOWED THAT THE VICTIM WAS
KILLED IN OZAMIS CITY, THE COURT OG DAPITAN CITY WHERE THE
INFORMATION WAS FILLED HAS THE JURISDICTION OVER THE CASE.

ESTOPPEL AND LACHES TO DENY JURISDICTION

• GENERAL RULE: Question of jurisdiction may be raised at any stage of the

proceedings.
• EXEPTION: Question may not be raised for the first time in on the appeal where
there has been estoppels and laches on the party who raised the question
• Adverse party failed at several stages of the proceedings to raised it only AFTER
the court of appeals had rendered an adverse decision for lack of jurisdiction
• Where the accused had pursued vigorously the case in the lower court, on the
supposition that it had jurisdiction, and had asked it rendered judgment of
acquittal, he cannot later on rightfully claim that the court lacked jurisdiction

Requisites for a valid exercise of criminal jurisdiction

1.Jurisdiction over the subject matter

- Jurisdiction over the subject matter is conferred only by the constitution or by law.
- Jurisdiction over the subject matter is determined by the law in force at the time
of the commencement of the action (statute applicable to a criminal action)

2.Jurisdiction over the territory where the crime was committed It is a fundamental rule that
for jurisdiction to be acquired by courts in criminal cases, the offense should have been
committed or any of it's essential ingredients took place within the territorial jurisdiction of the
court. Territorial jurisdiction in criminal cases is the territory where the court has jurisdiction to
take cognizance or to try the offense allegedly committed by the accused.

GENERAL RULE: Venue is jurisdictional in criminal cases

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(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while
in the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed during such its
trip, including the place of its departure and arrival.

(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of the first port of entry or of any municipality
or territory where the vessel passed during such voyage, subject to the generally
accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court where the criminal action is first filed.

Exception: Section 9 of RA NO 8042 (migrant workers act of 1995)

SECTION 9. Venue. — A criminal action arising from illegal recruitment as

defined herein shall be filed with the Regional Trial Court of the province or city
where the offense was committed or where the offended party actually resides at
the time of the commission of the offense: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to the exclusion of other
courts: Provided, however, That the aforestated provisions shall also apply to
those criminal actions that have already been filed in court at the time of the
effectivity of this Act.

3. Jurisdiction over the person of the accused

The court acquires jurisdiction over the person accused by his ARREST or VOLUNTARY
SURRENDER / VOLUNTARY APPEARANCE/ SUBMISSION

ACQUIRED THROUGH ARAIGNMENT

GENERAL RULE: SEEKING AFFIRMATIVE RELIEF is deemed to be a submission to the

jurisdiction of the court. The voluntary submission may be effected by filing a motion to quash,
appearing for arraignment, participating in the trial or by giving bail.

Exception

*By special appearance

- in cases of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the
court. These pleadings are, in criminal cases, motion to quash a complaint or information on the
ground of lack of jurisdiction over the person of the accused and motion to quash a warrant of
arrest.

Principle of Adherence of jurisdiction

- means that once a court has acquired jurisdiction, that jurisdiction continues until the court has
done all that it can do in the exercise of that jurisdiction

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OTHER TYPES OF JURISDICTION

1. JURISDICTION OVER THE SUBJECT MATTER- meant the nature of the cause
of action and of the relief sought, and this conferred by the sovereign authority
which organizes the court and is to be sought specially conferred
• Conferred by law not of parties
2. JURISDICTION OVER THE TERRITORY – criminal cases is jurisdictional
(Regpala vs. Tubod)
• Hence, criminal action shall be instituted and tried in the court of the
municipality or province wherein the offense was committed or
where any of its essential ingredients took place (SEC. 15, RULE 110)
• ONE CANNOT BE HELD TO ANSWER ANY CRIME EXCEPPT IN THE
JURISDICTION WHERE IT WAS COMMITTED (HERNANDEZ VS.
ALBANO/ PP VS MERCADO)- THE purpose not to compel defendant to
move and appear in court different from that province it was committed as
it would cause great inconvenience (Beltran vs. Ramos)
3. Jurisdiction over continuing crimes – there should be plurality of the acts
performed separately during the period of tie, unity of penal provision infringed
upon or violated, and the unity of the intent or purpose which means that the two
or more violations of the same penal provisions are united in one at the same
intent leading to the penetrator of the same criminal purpose or aim (PP vs
Zapata and Bondoc)

TERRITORY OFFENSE

• May be tried in any jurisdiction in which he is found, based upon the ground that
there is a new commission of the same offense in the jurisdiction where he is
found.
• The court where the case was first filed acquires jurisdiction over the same to the
conclusion of all other courts, provided it has first acquired jurisdiction over his
person.

TERRITORIAL JURISDICTION

DETERMINED: By allegations in the information as to the situs of the crime and this
determines in the first instance, whether the court has jurisdiction to try the case
(Colmenares vs. Villa)

EVEN if the court subsequently dismisses the action upon proof that the offense was
committed outside its territory, all proceedings prior thereto are valid (PP vs Galano)

EXCEPTION: Where the offense was committed under the exceptional circumstances
provided for in Article 2 of the RPC- shall be enforced not only within the Philippine
Archipelago including its atmosphere, its interior waters and maritime zone but also
outside of its jurisdiction against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of
their functions; or

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5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

EXCEPTION:

b. Piracy

c. Crimes committed on railroad, train, aircraft, or any other public or private vehicle
while in the course of its trip ( any municipality or territory where it passes including
departure and arrival)

D. Committed on board of a vessel in the course of its voyage

JUDICIAL POWER

• Is the authority to settle “justiciable controversy’ or disputes involving

rights that are enforceable or demandable before the courts of justice or
redness of wrongs for violation of such rights
• In 1987 constituton, Article 8 section 1 par. 2 INCLUDES: Judicial power
includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.

CRIMINAL JURISDICTION OF COURTS

Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts -
Except in cases falling within the exclusive original jurisdiction of the RTC and of the
sandiganbayan, said courts shall exercise the following:

1. Exclusive original jurisdiction over all violations of city and municipal

ordinances committed within their respective territorial jurisdiction
2. Exclusive Original Jurisdiction over all offenses not exceeding 6 years
irrespective of the amount of fine, and regardless of other imposable
accessory or other penalties , including civil liability arising from such offenses
predicated thereon, irrespective of kind, nature , value or amount thereof.
PROVIDED howver that the offenses involving damage to property through
criminal negligence (as amended by RA No. 7691)
3. Special Jurisdiction in certain cases – in the absence of all RT judges in
the province or city, MT judge, MCT judge, MT judge may hear and decide
petitions for a writ of habeas corpus or applications for bail in criminal cases
in the province or city where the RT judges sit.

Note:

MUNICIPAL TRIAL COURT JURISDICTION

• Violations of city or municipal ordinances

• All offenses punishable with not more than 4 years, 2 months 1 day
imprisonment irrespective of fine
• All offenses punishable by only a fine of not more than 4,000
• Offenses involving damage to property through criminal negligence

Summary Procedure MTC

• VIOLATION OF TRAFFIC LAWS, RULES, REGULATION

• VIOLATION OF RENTAL LAWS

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• VIOLATIONS OF CITY OR MINICIPALITY ORDINANCES

• ALL OTHER CRIMINAL CASES WHERE THE PENALTY DOES NOT EXCEED
6 MONTHS OR A FINE OF 1,000 OR BOTH, IRRESPECTIVE OF OTHER
IMPOSABLE PENALTIES OR OF THE AMOUNT OF CIVIL LIABILITY
• DAMAGE TO PROPERTY THROUGH CRIMINAL NEGLIGENCE WHERE THE
FINE DOES NOT EXCEED 10,000

Regional Trial Court Jurisdiction

BP 129 SectIon 20

1. EXCLUSIVE ORIGINAL-CRIMINAL CASES

• All criminal cases not within the exclusive jurisdiction of any court, tribunal,
or body EXCEPT those within the jurisdiction of the Sandiganbayan
• Cases where the penalty is imposable (exceeds 4 years, 2 months and 1
day)
• Imprisonment, irrespective of fine (exceeds of 4,000 pesos, if only a fine is
imposable)
• Manzano vs. Valera – LIBEL is punishable by prison correctional in its
miimum and medium periods. RA 7691 places jurisdiction over criminal
cases where the penalty is 6 years or less with the MTC’s. However, Art.
360 of the RTC gives jurisdiction over libel cases to the RTC. Special law
(RPC) must prevail over general laws (RA 7691). Also from the provisions
of RA 7691, there is no manifest intent to repeal or alter the jurisdiction in
libel cases.

2. ORIGINAL JURISDICTION

A. In the issuance of writs of certiorari, prohibition, mandamus, quo warranto,

habeas corpus and injunction which may be enforced in any part of their
respective regions(Concurrent with SC and CA)
B. In actions affecting ambassadors and other public ministers and consuls
C. Over offenses committed NOT in relation with public office with imprisonment
exceeding 6 years committed by public officers calssified as salary grade 27
higher
D. Over election contests for municipal offices

3. Appellate Jurisdiction

a. All cases decided by lower courts (MTCs) in their respective territorial

Jurisdictions

NOTE: no trial de vono, cases are decided on the bases of decision and
supporting affidavits

FAMILY COURT (RA 8369) JURISDICTION SUMMARY

A. EXCLUSIVE ORIGINAL JURISDICTION

1. 1 or more accused is below 18 years of age but not less than 9 years of age.
1 or more victims is a minor at the time of the commission of the offense.
PROVIDED, that 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 the need of
application pursuant to the CHILLD AND YOUTH WELFARE ACT
2. CASES AGAINST MINOR COGNIZABLE UDER THE DANGEROUS DRUG
ACT, AS AMENDED

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3. VIOLATION OF RA NO. 761O OTHERWISE known as SPECIAL

PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION
AND DISCRIMINATION ACT as amended by RA 7658
4. CASES OF DOMESTIC VIOLENCE AGAINST:

A. WOMEN acts of gender based violence that results in physical, sexual or

psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman’s
personhood, integrity and freedom of movement
B. Children includes the commission of all forms of abuse, neglect, cruelty,
exploitation, violence and discrimination and all other conditions prejudicial
to their development

• If an act constitutes a criminal offense the accused shall be subject

to criminal proceedings and the corresponding penalties
• If any question involving any of the above matters should arise as
an incident in any case pending in the regular courts, said
incident shall be determined in that court
• Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the
ordinary RTC

SANDIGANBAYAN JURISDICTION SUMMARY

• EXCLUSIVE ORIGINAL JURISDICTION OF OFFENSES COMMITTED IN

RELATION TO PUBLIC OFFICE

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 and
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.

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"(2) Members of Congress and officials thereof classified as Grade ’27’ and higher
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 the 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 or felonies 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

Provided, That the Regional Trial Court shall have exclusive original jurisdiction where
the information: (a) does not allege any damage to the government or any bribery; or (b)
alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).

The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
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 Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the
Supreme Court.

COURT OF APPEALS JURSDICTION SUMMARY

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid
of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of

Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or

awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities,
boards or commission

EXCEPT those that fall within the appellate jurisdiction of the SUPREME COURT
namely: COMELEC, Commission on Audit, Sandiganbayan

SUPREME COURT JURISDICTION SUMMARY

1. ORIGINAL JURISDICTION over cases involving ambassadors, other public

ministers, and consuls; petitions for certeori, prohibition, mandamus quo warrants
and habeas corpus (concurrent with RTC)
2. REVIEW, REVISE, MODIFY OR AFFIRM ON APPEAL OR CERTIORARI ,
FINAL JUDGMENTS OF LOWER COURTS in cases which the constitutionality
or validity of any treaty international or executive agreement, law decree,
proclamation, order, instruction, ordinance or regulation in question
3. Cases INVOLVING LEGALITY OF ANY TAX, IMPOST, ASSESSMENT, OR
TOOL , OR PENALTY imposed thereto:

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a. Cases involving jurisdiction of lower courts

b. All criminal cases in which the penalty is reclusion perpetual or higher
c. All cases in which only an error or question of law is involved

COURT MARTIAL JURISDICTION

• OFFENSES committed by the members of AFP AND OTHER PERSONS

SUBJECT TO MILITARY LAW, if such offenses are service connected are
those expressly enumerated in RA 7055 otherwise falls in regular courts

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