SUPREME COURT

Q: What are the cases which must be decided by the SC en banc?

A:1. All cases involving the constitutionality of a treaty, international or executive agreement, or law;2. Cases involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations;3. A case where the required number of vote in a division is not obtained;4. A doctrine or principle laid down in a decision rendered en banc or by division is modified, or reversed;5. All other cases required to be heard en banc under the Rules of Court (Sec. 5, Art. VIII, 1987 Constitution).

Civil Cases Criminal CasesExclusive OriginalPetitions for issuance of writs of certiorari, prohibition and mandamus against the following:1. Court of Appeals2. Court of Tax Appeals3. Commission on Elections En Banc4. Commission on Audit5. Sandiganbayan

Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

1. Court of Appeals2. Sandiganbayan

Appellate1. Petitions for review on certiorari against:

a. CA;b. CTA;c. Sandiganbayand. Regional Trial Courts in cases involving-

i. If no question of fact is involved and the case involves:

a) Constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation

b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto

c) Cases in which jurisdiction of lower court is in issue

ii. All cases in which only errors or questions of law are involved.

1. Special civil action of certiorari – filed within 30 days against the COMELEC / COA

1. In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, the judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals. (A.M. No. 00-5-03-SC, September 28, 2004).

2. Automatic review for cases of death penalty rendered by the Court of Appeals (A.M. No. 00-5-03-SC, September 84, 2004).

Note: Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the automatic review from the Court of Appeals to the Supreme Court shall include such lesser offense (A.M. No. 00-5-03-SC, September 28, 2004).

3. Petition for review on certiorari (Rule 45) from the Sandiganbayan if penalty is less than death, life imprisonment or reclusion perpetua in criminal cases, and, in civil cases; (A.M. No. 00-5-03-SC, October 12, 2004).

4. Notice of appeal from the Sandiganbayan if it imposes life imprisonment or reclusion perpetua or where a lesser penalty is imposed involving 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 of life imprisonment is imposed (A.M. No. 00-5-03-SC, October 12, 2004).

5. Automatic review of death penalty imposed by the Sandiganbayan in the exercise of its original jurisdiction (A.M. No. 00-5-03-SC, October 12, 2004).

6. Automatic review whenever the Sandiganbayan, in the exercise of its appellate jurisdiction, finds that the penalty of death, reclusion perpetua or life imprisonment should be imposed (A.M. No. 00-5-03-SC, October 12, 2004).

7. Appeals from RTC in which only errors or

questions of law are involved.ConcurrentWith CA

1. Petitions for issuance of writs of certiorari, prohibition and mandamus against the following: a. NLRC under the Labor Code.

Note: The petitions must first be filed with the CA, otherwise, they shall be dismissed (St. Martin Funeral Home v. CA, G.R. No. 130866, Sept. 16, 1998).

b. Civil Service Commission c. Quasi-judicial agencies (file with the CA first) d. RTC and lower courts;

2. Petitions for issuance of writ of kalikasan (Sec. 3, Rule 7, A.M. No. 09-6-8-SC).

Petitions for issuance of writs of certiorari, prohibition and mandamus against the RTC and lower courts.

With CA and RTC1. Petitions for habeas corpus and quo warranto; and2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or other bodies

Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies.

With CA, SB and RTC1. Petitions for the issuance of writ of amparo2. Petition for writ of habeas data, where the action involves public data or government office

Petitions for the issuance of writ of amparo and writ of habeas data

With RTC With SandiganbayanActions affecting ambassadors and other public ministers and consuls

Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise in in cases filed under EO Nos. 1, 2, 14 and 14-A