jurisdiction in criminal cases

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Jurisdiction In Criminal Cases 1. SUPREME COURT A. ORIGINAL i. EXCLUSIVE Petitions for certiorari, prohibition and mandamus against the Court of Appeals & the Sandiganbayan ii. CONCURRENT a. With the Court of Appeals: a. petitions for certiorari, prohibition and mandamusagainst the Regional Trial Court b. With the Court of Appeals & the Regional Trial Court a. petitions for certiorari, prohibition and mandamusagainst the lower courts c. With the Sandiganbayan: a. petitions for mandamus, prohibition certiorari,habeas corpus, injunctions and ancillary writs in aid of its appellate jurisdiction; b. petitions for quo warranto arising from Executive Order #s 1, 2, 14 & 14 – A B. EXCLUSIVE APPELLATE i. BY APPEAL a. From the Regional Trial Court: a. in all criminal cases involving offenses for which the penalty is reclusion perpetua or life imprisonment; b. those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion. b. Automatic review in criminal cases where the death penalty is imposed. ii. BY PETITION FOR REVIEW ON CERTIORARI a. From the Court of Appeals; b. From the Sandiganbayan; and c. From the Regional Trial Court where only an error or question of law is involved 2. COURT OF APPEALS A. ORIGINAL i. EXCLUSIVE a. Actions for annulment of judgments of the Regional Trial Court ii. CONCURRENT a. With the Supreme Court: a. petitions for certiorari, prohibition and mandamusagainst the Regional Trial Court

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Jurisdiction In Criminal Cases

1. SUPREME COURT

A. ORIGINAL

i. EXCLUSIVE

Petitions for certiorari, prohibition and mandamus

against the Court of Appeals & the Sandiganbayan

ii. CONCURRENT

a. With the Court of Appeals:

a. petitions for certiorari, prohibition and mandamusagainst the Regional

Trial Court

b. With the Court of Appeals & the Regional Trial Court

a. petitions for certiorari, prohibition and mandamusagainst the lower

courts

c. With the Sandiganbayan:

a. petitions for mandamus, prohibition certiorari,habeas corpus, injunctions

and ancillary writs in aid of its appellate jurisdiction;

b. petitions for quo warranto arising from Executive Order #s 1, 2, 14 & 14 –

A

B. EXCLUSIVE APPELLATE

i. BY APPEAL

a. From the Regional Trial Court:

a. in all criminal cases involving offenses for which the penalty is reclusion

perpetua or life imprisonment;

b. those involving other offenses which, although not so punished, arose

out of the same occurrence or which may have been committed by the

accused on the same occasion.

b. Automatic review in criminal cases where the death penalty is imposed.

ii. BY PETITION FOR REVIEW ON CERTIORARI

a. From the Court of Appeals;

b. From the Sandiganbayan; and

c. From the Regional Trial Court where only an error

or question of law is involved

2. COURT OF APPEALS

A. ORIGINAL

i. EXCLUSIVE

a. Actions for annulment of judgments of the Regional Trial Court

ii. CONCURRENT

a. With the Supreme Court:

a. petitions for certiorari, prohibition and mandamusagainst the Regional

Trial Court

b. With the Supreme Court & Regional Trial Court:

a. petitions for certiorari, prohibition and mandamusagainst the Regional

Trial Court

B. EXCLUSIVE APPELLATE

i. BY APPEAL

From the RTC in cases commenced therein, except those appealable to the Supreme

Court or the Sandiganbayan

ii. BY PETITION FOR REVIEW

From the Regional Trial Court in cases appealed thereto from the lower courts and not

appealable to the Sandiganbayan

3. SANDIGANBAYAN

A. ORIGINAL

i. EXCLUSIVE

a. Violations of:

a. Republic Act 3019

(Anti-Graft and Corrupt Practices Act)

b. Republic Act No. 1379

c. Chapter 11, Section 2, Title VII, Book II of the Revised Penal Code

b. 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:

c. (1) Officials of the executive branch occupying the position of regional director

and higher (AKA Grade „27‟ of RA 6758), including:

a. Provincial governors, vice-governors, members of the sangguniang

panlalawigan, provincial treasurers, assessors, engineers and other

provincial department heads;

b. City mayors, vice-mayors, members of thesangguniang 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 PNP 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 of trustees, or managers of government owned or

controlled corporations, state universities or educational institutions or

foundations.

d. (2) Members of Congress and officials thereof (classified as Grade „27‟ and

higher under the CPCA of 1989);

e. (3) Members of the judiciary without prejudice to the provisions of the

Constitution;

f. (4) Chairmen and members of the Constitutional Commissions, without

prejudice to the provisions of the Constitution; and

g. (5) All other national and local officials (classified as Grade „27‟ and higher

under the CPCA of 1989)

h. b. Other offenses or felonies whether simple or complexed with other crimes

committed in relation to their office by the public officials and employees

mentioned in Section 4(a), P.D. 1606, as amended by Republic Act 7975

i. c. Civil and criminal cases filed pursuant to and in connection with Executive

Order #s 1,2,14 and 14 – A, issued in 1986

ii. CONCURRENT

a. With the Supreme Court:

a. petitions for mandamus, prohibition certiorari, habeas corpus, injunctions

and ancillary writs in aid of its appellate jurisdiction;

b. petitions for quo warranto arising from Executive Order #s 1, 2, 14 & 14 –

A

B. EXCLUSIVE APPELLATE

i. BY APPEAL

a. From the Regional Trial Court in cases under P.D. 1606 (as amended by P.D.

1861) whether or not the cases were decided by them in the exercise of their

original or appellate jurisdictions

4. REGIONAL TRIAL COURT

A. EXCLUSIVE ORIGINAL

i. All criminal cases not within the exclusive jurisdiction of any court, tribunal or body

B. EXCLUSIVE APPELLATE

i. All cases decided by lower courts in their respective territorial jurisdictions

5. METROPLOITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS

A. EXCLUSIVE ORIGINAL

i. All violations of city or municipal ordinances committed within their respective

territorial jurisdictions;

ii. All offenses punishable with imprisonment of not more than 6 years irrespective of the

amount of fine

iii. All cases of damage to property through criminal negligence

a. regardless of other penalties and the civil liabilities arising therefrom

iv. All offenses committed by public officers and employees in relation to their office,

including those employed in government-owned or controlled corporations

a. except violations of RA 3019 & RA 1379

b. except Articles 210 – 212 of the Revised Penal Code

v. All offenses committed by private individuals charged as co-principals, accomplices

or accessories

a. punishable with imprisonment of not more than 6 years; or

b. where none of the accused holds a position of salary Grade “27” and higher

B. SUMMARY PROCEDURE

i. Traffic violations

ii. Violations of the rental law

iii. Violations of city municipal ordinances

iv. All other offenses where the penalty does not exceed 6 months imprisonment and/or

P1,000 fine

a. irrespective of other penalties or civil liabilities arising therefrom

v. All offenses involving damage to property through criminal negligence

a. where the imposable fine does not exceed P10,000.-

* Based on the Judiciary Act of 1980, as amended