What offenses are covered by the Criminal Jurisdiction
Offense punishable by imprisonment of more
of the Municipal Trial Court, Metropolitan Trial Court
and Municipal Circuit Trial Court ?
1. Over offenses punishable by imprisonment for a
period of 6 years and less.
2. Over offenses where the fine is 4,000 pesos or
less.
3. Under P.D. 1606 (creation of sandigandbayan) as
amended by R.A. 8249, the criminal cases of:
a. Government officials.
b. Offense punishable by imprisonment of 6
years or less or fine is 4,000 pesos or less.
c. Official is lower than salary grade 27.
4. Damage to property through criminal negligence
(B.P. 129 as amended by RA 7691).
Jurisdiction over crimes punishable by destierro?
Where the imposable penalty is destierro, the case falls
within the exclusive jurisdiction of the Municipal Trial
Court, considering that in the hierarchy of penalties
under Article 71 of the Revised Penal Code, destierro
follows arresto mayor which involves imprisonment
(People v. Eduarte, G.R. No. 88232, February 26, 1990).
Note: Where the offense is within its exclusive
competence by reason of the penalty prescribed
therefore, an inferior court shall have jurisdiction to
try and decide the case irrespective of the kind and
nature of the civil liability arising from the said offense
The additional penalty for HABITUAL
DELINQUENCY is not considered in determining
jurisdiction because such delinquency is not a crime
Summary Procedure Criminal Cases under the
Jurisdiction of the MTC, MeTC and MCTC
To achieve an expeditious and inexpensive
determination of the cases referred to herein, the
Supreme Court resolved to promulgate the Revised
Rule on Summary Procedure. In essence, there will
only be filing of pleadings and generally no need for a
hearing.
What are covered by the Criminal jurisdiction of
MTC, MeTC and MCTC on Summary Procedure?
1. Violations of traffic laws, rules and regulations.
2. Violations of the rental law.
3. Violations of municipal or city ordinances.
4. All other criminal cases where the penalty prescribed
by law for the offense charged is imprisonment not
exceeding 6
months, or a fine not exceeding P1,000, or both.
5. Offenses involving damage to property through
criminal negligence where the imposable fine does
not exceed P10,000 (1991 Revised Rule on Summary
Procedure).
6. B.P. 22 cases (A.M. No. 00-11-01-SC)
What offenses are covered by Criminal Jurisdiction of
Regional Trial Court
1. Over offenses punishable by imprisonment for a
period of more than 6 years.
2. Over offenses where the fine is more than 4,000
pesos.
3. Under P.D. 1606 as amended by R.A. 8249, the
criminal cases of:
a. Government officials.
b.
than 6
years or fine is more than 4,000 pesos.
c. Official is lower than salary grade 27.
4. Violations of the Comprehensive Dangerous Drugs
Act of 2002 (R.A. 9165).
5. Libel cases even though punishable by prision
correctional (Art. 360 of RPC; People v. Eduarte, G.R.
No. 88232, February 26, 1990).
6. Criminal violations of Intellectual Property Code
(Samson v. Daway, G.R. Nos. 160054-55, July 21,
2004; Sec. 27 of R.A.
166).
7. Election criminal cases.
8. Appellate jurisdiction over all cases decided by
MTC, MeTC, MCTC in their respective territorial
jurisdictions (Sec. 22 of B.P. 129).
What are covered by the Criminal jurisdiction of
Sandiganbayan
The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
1. Violations of RA 3019 as amended (Anti Graft and
Corrupt Practices Act) and RA 1379 (An Act Declaring
Forfeiture in favor of the state any property found to
have
been unlawfully acquired by Public Officer or
Employee).
2. Other offenses or felonies whether simple or
complexed with other crimes committed by public
officials and employees mentioned in Sec 4(a) PD
1606 as amended by RA 7975 in relation to their
office.
3. Crimes mentioned in Chapter 2 Section 2 Title VII
Book 2 of the Revised Penal Code
i.e. Art 210: Bribery, Art 211: Indirect Bribery, Art
212: Corruption of Public Officials.
4. Violations of Executive Orders 1, 2, 14, 14-A of
1986 (Marcoses’ Ill-gotten wealth cases).
5. Violation of R.A. 6713 - Code of Conduct and Ethical
Standards.
6. Violation of R.A. 7080 - The Plunder Law
7. R.A. 9160 - Violation of The Anti-Money
Laundering Law when committed by a public officer.
8. P.D. 46 referred to as the gift-giving decree.
By Appeal:
a) from the RTC in cases under PD 1606, as amended by
PD
1861, whether or not the cases were decided b them in
the
exercise of their original or appellate jurisdictions;
What do you mean by in relation to office?
The offense is “In Relation to the Office” when:
a. The offense is intimately connected with the
office of the offender and perpetrated while he was
in the
performance of his official functions, or
b. The crime cannot exist without the office, or
c. The office is a constituent element of the crime as
defined in the statute.
What happens if If the character of being “in relation
to his office” is absent or is not alleged in the
information?
The crime committed falls within the exclusive
original jurisdiction of ordinary courts and not the
Sandiganbayan.
Who are the officials under the exclusive jurisdiction of
the Sandiganbayan?
1. Those expressly enumerated in PD 1606, as amended
by RA 8249; Violations of RA 3019 (Anti-Graft and
Corrupt Practices
Act), RA 1379 and Chapter 2, Sec. 2, Title 7, Book 2, RPC.
2. Officials of the executive branch, occupying salary
grade 27 and higher, 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 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 prosecutors.
g. Presidents/directors/trustees /managers of
GOCCs, state universities or educational
institutions/foundations.
3. Members of Congress and officials thereof classified
as Grade 27 and up;
4. Members of the Judiciary, without prejudice to
Constitutional provisions.
5. Chairmen and members of Constitutional
Commissions, without prejudice to Constitutional
provisions.
What are the Exceptions?
1. Election Offenses – It is the Regional Trial Court
that has jurisdiction as provided for in the Omnibus
Election Code even if they are committed by public
officers classified as Grade 27 and higher and in
relation to their offices.
2. Court Martial Cases – Offenses committed by
members of the Armed Forces and other persons
subject to military law are cognizable by court martial if
such offenses are “service connected” as expressly
enumerated in RA 7055.
What are covered by the Criminal Jurisdiction of
Family Courts?
RA No. 8369 establishing the Family Court granting
them exclusive original jurisdiction over child and
family cases, namely:
1. Criminal cases where one or more of the accused is
below 18 years of age but not less than 9 years of age
or;
2. Where one or more of the victim is a minor at the
time of the commission of the offense. Provided that
if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the
accused may have
incurred. The sentence shall be suspended without
need of an application pursuant to the “Child and Youth
Welfare Code” or “PD 603”.
What are covered by Criminal Jurisdiction of the
Court of Tax Appeals
1. Exclusive original jurisdiction over all criminal
offenses arising from violations of the NIRC or Tariff and
Customs Code and other laws administered by the BIR
or the Bureau of Customs.
2. Offenses where the principal amount of taxes and
fees, exclusive of charges and penalties, claimed is
less than P1,000,000.00 or where there is no
specified amount claimed, shall be tried by the
regular Courts and the jurisdiction of the CTA shall be
appellate.
3. Exclusive appellate jurisdiction in criminal offenses:
a. Over appeals from the judgments, resolutions
or
orders of the RTC in tax cases originally decided by
them.
b. Over petitions for review of the judgments,
resolutions or orders of the RTC in the exercise
of their appellate jurisdiction over tax cases
originally decided by the MTC, MeTC and MCTC.
(R.A. 1125 as amended by R.A. 9282).
Exclusive Appellate Jurisdiction of the Supreme Court
By Appeal:
a) from the RTC in all criminal cases involving offenses
for which the penalty is reclusion perpetua or life
imprisonment, 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;
b) Automatic review where death penalty is imposed
Katarungang Pambarangay (Chapter 7, Title I, Book
III of the Local Government Code of 1991)
Pre-requisite to Filing of Complaint in Court
General Rule: A confrontation between the parties
before the lupon chairman or the pangkat ng
tagapagkasundo is needed before a complaint, petition,
action or proceeding may
be filed or instituted directly in court or any other
government office for adjudication. The parties
thereto may still go to the court either
(1) when the lupon secretary or pangkat secretary
as attested to by the lupon or pangkat chairman
certifies that no conciliation or settlement has been
reached, or
(2) when the parties repudiated the settlement.
Exceptions:
1. Where the accused is under detention;
2. Where a person has been deprived of personal
liberty calling for habeas corpus proceedings;
3. Where actions are coupled with provisional
remedies;
4. Where the action may be barred by the statute
of limitations.
Subject Matter of Amicable Settlement (5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
General Rule: The lupon shall have authority to bring the admission to the practice of law, the integrated bar, and legal
parties actually residing in the same city or assistance to the underprivileged. Such rules shall provide a
municipality for amicable settlement of all disputes. simplified and inexpensive procedure for the speedy disposition of
Exceptions: (GPIF-BORN) cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure
1. Where one party is the government, or any of special courts and quasi-judicial bodies shall remain effective
subdivision or instrumentality thereof; unless disapproved by the Supreme Court.
2. Where one party is a public officer or employee,
and the dispute relates to the performance of his (6) Appoint all officials and employees of the Judiciary in accordance
official functions; with the Civil Service Law.
3. Offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand
pesos (P5,000.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located
in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable
settlement by
an appropriate lupon;
6. Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
7. Such other classes of disputes which the President
may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.

Who has the power to apportion jurisdiction?

Under the Constitution (article VIII, Section 1 and 2):
Congress shall have the power to define, prescribe and
apportion the jurisdiction of the various court subject
to the proviso that it may not deprive the SC of its
jurisdiction over cases set forth in Article VIII section 5
(ex. BP 129)

There is only one constitutional court, the SC. Section 1.

The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors,

other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari,

as the law or the Rules of Court may provide, final judgments and
orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.

(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as

public interest may require. Such temporary assignment shall not
exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of

justice.