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CRIMINAL PROCEDURE
PRELIMINARY CONSIDERATIONS
CRIMINAL JURISDICTION
-
CONCURRENT JURISDICTION
-
TERRITORIAL JURISDICTION
-
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TRIAL
-
OF THE
FAMILY COURTS
-
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JURISDICTION
-
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(5)
(6)
(7)
(8)
(9)
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PRELIMINARY INVESTIGATION
-
EXCLUSIVE
ORIGINAL
CONCURRENT
-petitions
for
certiorari,
prohibition,
and
mandamus against
the Court of Appeals
and
the
Sandiganbayan
EXCLUSIVE APPELLATE
BY APPEAL
BY PETITION FOR
REVIEW ON
-From the RTCs in
CERTIORARI
all criminal cases
involving
-from the CA
offenses
for -from
the
which
the Sandiganbayan
penalty
is - from the RTCs
reclusion
where only an
perpetua or life error or question
imprisonment,
of law is involved
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mandamus against
lower courts
-With Sandiganbayan:
Petitions
for
mandamus,
prohibition, certiorari,
habeas
corpus,
injunctions
and
ancillary writs 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 E.O. Nos. 1,
2, 14 and 14-A
COURT OF APPEALS
SANDIGANBAYAN
-actions
for
annulment
of
judgments of the
RTC
-violations of RA
3019, as amended
(Anti-Graft
and
Corrupt
Practices
Act), RA 1379, and
Chapter II, Title VII,
Book II of the RPC,
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
and
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
-Automatic
review in criminal
cases where the
death penalty is
imposed
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(a)officials of the
executive
branch
occupying
the
positions of regional
director and higher,
otherwise classified
as Grade 27 and
higher in RA 6758
(Compensation and
Position
Classification Act of
1989), specifically
including:
(1)provincial
governors,
vice
governors, members
of the sangguniang
panlalawigan, and
provincial
treasurers,
assessors,
engineers, and other
provincial
department heads
(2)city
mayors,
vice-mayors,
members of the
sangguniang
panlungsod,
city
treasurers,
assessors,
engineers, and other
city
department
heads
(3)officials of the
diplomatic service
occupying
the
position of consul
and higher
(4)Philippine army
and
air
force
colonels,
naval
captains, and all
officers of higher
rank
(5)officers of the
PNP while occupying
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the
position
of
provincial director
and those holding
the rank of senor
superintendent or
higher
(6)city
and
provincial
prosecutors
and
their assistants, and
officials
and
prosecutors in the
Office
of
the
Ombudsman
and
Special Prosecutor
(7)Presidents,
directors or trustees
or managers of
GOCCs,
state
universities
or
educational
institutions
or
foundations
(b)members
of
congress
and
officials
thereof
classified as Grade
27 and up under
the Compensation
and
Position
Classification Act of
1989
(c )members of the
judiciary
without
prejudice to the
provisions of the
Constitution
(d)chairmen
and
members
of
Constitutional
Commissions,
without prejudice to
the provisions of the
Constitution
(e )all other national
and local officials
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classified as Grade
27 and higher
under
the
Compensation and
Position
Classification Act of
1989
-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 4a, PD 1606,
as amended by RA
7975
-civil and criminal
cases pursuant to
and in connection
with E.O. Nos. 1, 2,
14 and 14-A issued
in 1986
REGIONAL
COURTS
TRIAL
FAMILY COURTS
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Act, as amended
-violations of R.A.
7610
(Special
Protection
of
Children
Against
Child
Abuse,
Exploitation
and
Discrimination Act),
as amended by R.A.
7658
METROPOLITAN,
MUNICIPAL,
AND
MUNICIPAL CIRCUIT
TRIAL COURTS
-criminal cases of
domestic violence
against women and
children, as defined
in Sec 5k, RA 8369
EXCLUSIVE
ORIGINAL
-all violations of city
or
municipal
ordinances
committed within
their
respective
territorial
jurisdictions
-all
offenses
punishable
with
imprisonment of not
more than 6 years
irrespective of the
amount of fine, and
in all cases of
damage to property
through
criminal
negligence,
regardless of other
penalties and the
civil liabilities arising
therefrom
-all offenses (except
violations of RA
3019, RA 1379 and
Arts. 210 to 212,
RPC) committed by
public officers and
employees
in
relation to their
office,
including
SUMMARY
PROCEDURE
-traffic violations
-violations
of
the
rental law
-violations of city or
municipal ordinances
-violations of BP Blg.
22 (Bouncing Checks
Law)
-all other offenses
where the penalty
does not exceed 6
months imprisonment
and/or P1,000 fine,
irrespective of other
penalties
or
civil
liabilities
arising
therefrom, and in
offenses
involving
damage to property
through
criminal
negligence where the
imposable fine does
not exceed P10,000
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those employed in
GOCCs, and by
private individuals
charged
as
co-principals,
accomplices,
or
accessories,
punishable
with
imprisonment of not
more than 6 years
or where none of
the accused holds a
position classified as
Grade 27 and
higher