Criminal procedure

CRIMINAL PROCEDURE
PROSECUTION OF
OFFENSE
BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LlB

• CRIMINAL PROCEDURE
• procedural steps through which a criminal cases
which is found on Rule 110-127 of the Rules of Court
of the Philippines 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.

DISTINCTION
• CRIMINAL LAW- substantive law, it defines
crimes, treats of their nature and provides for
their punishments.
• CRIMINAL PROCEDURE- remedial law, it
provides the method by which a person accused
of a crime is arrested, tried and punished.

SYSTEM OF CRIM
PROC
• 1. INQUISITORIAL— during Spanish interlude in
the actions history and remain in force up to
coming of the Americans.
• 2. ACCUSATORIAL— requires all crimes except
the so called private offenses which must be
commenced by the complaint of the offended
party to be prosecuted by public prosecutor.

SYSTEM OF CRIM
PROC
• 2. ACCUSATORIAL— 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.

ACCUSATORIAL
• 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 only after
trial. (Questo vs Catolico)

ACCUSATORIAL
• Thus, Preliminary examination conducted by a
judge before he issues the warrant of arrest is an
aspect of the 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 witness against himself during
trial among other rights—features of the
accusatorial system which have since been
incorporated in our rules of criminal procedure.

CONSTRUCTION OF
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.

CONSTRUCTION OF
RULES
• MEANING: the Supreme Court 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)

JURISDICTION
• 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)

JURISDICTION
• 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 the
court into execution. (Morando vs Rovira)
• It is vested in the court not in the judges.
• It conferred only by the Constitution or law and
cannot be fixed by the will of the parties.

VENUE vs
JURISDICTION
• VENUE— is procedural, it deals with the locality,
a particular country or geographical area in 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
• CIVIL—can be waived or be the subject of an
agreement.
• CRIMINAL— cannot be so waived or stipulated
upon because it is an element of jurisdiction. (PP
vs Enriquez)

EXERCISE OF
JURISDICTION
• A court may act:
• 1. Without power or jurisdiction (judgment is
wholly void as though it has not been done)
• 2. Having power or 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)

TYPES OF
JURISDICTION
• JURISDICTION OVER THE SUBJECT
MATTER—meant the nature of the cause of action
and of the relief sought, and this is conferred by
the sovereign authority which organizes the court
and is to be sought specially conferred.
• Conferred by law not of the parties.
• It can be challenge at any stage of the
proceedings and for lack of it, the court can
dismiss a case ex mero muto.

TYPES OF
JURISDICTION
• 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)

TYPES OF
JURISDICTION
• JURISDICTION OVER THE TERRITORY—
(cont.) -a court cannot try an offense outside its
territorial limits where it operates.
• One cannot be held to answer for any crime
EXCEPT 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)

TYPES OF
JURISDICTION
• 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 provision are united in one at the
same intent leading to the perpetrator 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 is 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 exclusion of all
other courts, provided it has first acquired
jurisdiction over his person. Grafton vs US)

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)

TERRITORIAL
JURISDICTION
• EXCEPTION:
• a. 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. Commit an offense while on a Philippine ship or
warship.

TERRITORIAL
JURISDICTION
• EXCEPTION:
• 2. Forge or counterfeit any coin or currency note of the Philippine
island or obligations and securities issued by the government of
the Philippine islands.
• 3. Should be liable for act connected with the introduction to
island…
• 4. Public officer or employees —commit an offense in exercise of
their function.
• 5. Commit any of the crime against national security and law of
nation.

TERRITORIAL
JURISDICTION
• 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 man.or territory where it
passes including the departure and arrival)
• d. Committed on board of a vessel in the course of
its voyage

TERRITORIAL
JURISDICTION
• EXCEPTION:
• e. Cases where the Supreme Court in the
interest of truth and impartial justice, transfers
the place of trial from one place to another. (1987
Constitution: grants SC Art. VIII Sec. 5(4) which
provides the Supreme Court the power to order
trial to avoid a miscarriage of justice.)

TERRITORIAL
JURISDICTION
• EXCEPTION:
• f. In case of written defamation under RA 4363
provides: “criminal and civil action for damages —shall
be tried in provinces and cities where the libelous
article is printed and first published or where any of the
offended parties actually resides at the time of the
commission of the offense or where the complainant t
resides at the time of the commission of the offense..
• Civil action shall be filled in the same court where the
criminal action is filed and vice versa.

JURISDICTION OVER THE
PERSON
• Acquired a person upon enter his apprehension
with or without warrant, or his submission to the
jurisdiction of the court. (PP vs Valdepenas)
• VOLUNTARY APPEARANCE—of the accused
may be effected by posting bail (Santiago vs
Vasquez supra)

PERSON
• Voluntary appearance THROUGH a counsel, at
the resuspension hearing held in connection with
an anti-graft charge, considered to be submission
to the jurisdiction of the court over his person,
even if no warrant has been issued for his arrest.
(Layosa vs Rodriguez)
• It is not affected by the way it is acquired, unlike in
jurisdiction over the subject matter, jurisdiction
over the person of the accused may be waived.
(PP vs Valdeperas supra/Layosa vs Rodriguez)

PERSON
• HENCE, if the accused fails to make a
seasonable objection thereto, he may be
deemed to have it waived.
• SIMILARLY, one who desires to object the
jurisdiction of the court over his person must
appear in court for that purpose ONLY and if he
raises other question, he waives his object.

CRIMINAL JURISDICTION
DETERMINED
• By a fine or imprisonment prescribed by law. (PP vs
Purisima)
• It is not determined by what may meted out to the
offender after trial (PP vs Cuelo) or even by the result
of evidence that would be resented during the trial. (PP
vs Co Hiok)
• Once jurisdiction is acquired by the court in which the
information is filed, it is there retained regardless of
whether the evidence proves lesser offense that that
charged in the information. (PP vs Mission)

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 Constitution, Article VIII Section 1 par. 2
includes: the duty of the court of justice to settle actual
controversies involving rights which are legally
demandable and enforceable and determine to whether
or not there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
the branch or instrumentality of the government.

ESTOPPEL AND
LACHES
• GENERAL RULE:
• Is that jurisdiction may be raised at any stage of the proceedings.
• EXCEPTION:
• It may not be raised for the first time on appeal, where there has
been estoppel and laches on the party who raises the question.
• THUS, the adverse party failed at several stages proceedings to
raise the lack of jurisdiction and judgment had been rendered,
the cannot later on claim that the trial court lacked jurisdiction
because he is estopped.

CRIMINAL JURISDICTION
OF COURTS

MTC, MCTC, MTCC
JURISDICTION
• METROPOLITAN TIAL COURTS, MUNICIPAL
TRIAL COURTS, MUNICIPA CIRCUIT TRIAL
COURTS
• Except in cases falling within the exclusive
original jurisdiction of the Regional Trial Courts
(RTC) and of the Sandiganbayan, said courts
shall exercise the following:

MTC, MCTC, MTCC
• 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 with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including civil
liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value or amount thereof,
PROVIDED however, that the offenses involving damage to
property through criminal negligence( as amended bye R.A.
No. 7691)

MTC, MCTC, MTCC
• SPECIAL JURISDICTION IN CERTAIN CASES
—in the absence of all Regional Trial Judges in
the province or city, any Metropolitan Trial Judge,
Municipal Circuit Trial Judge, Municipal Trial
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 Regional
Trial Judges sit.

BP 129 Section 20—jurisdiction in criminal
action—shall exercise ORIGINAL
JURISDICTION in all criminal cases not
within the exclusive jurisdiction of any court,
tribunal, or body, EXCEPT those now falling
under the exclusive and concurrent
jurisdiction of the Sandiganbayan which shall
thereafter be exclusively taken cognizance of
by the latter.
RTC JURISDICTION

RTC
• SEC. 21—ORIGINAL JURISDICTION IN
OTHER CASES:
• 1. 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.
• 2. In actions affecting ambassadors and other
ministers and consuls.

RTC
• Sec. 22—APPELLATE JURISDICTION—over all
cases decided by MTC, MCTC, MTCC in their
respective territorial jurisdiction.
• Such cases shall be decided on the basis of the
entire record of the proceedings had in the court of
such origin and such memoranda and/or briefs as
may be submitted by the parties or required by the
RTC.
• The decision of the RTC in such cases shall be
appealable by the petition for review in the CA

RTC
• CA APPEAL—may give it due
course only when the petition show
prima facie that the lower court has
committed an error of fact or law that
will warrant reversal or modification
of the decision or judgment sought to
be reviewed.

RTC
• SEC. 23- SPECIAL JURISDICTION TO TRY
SPECIAL CASES- the Supreme Court may
designate certain branches of the RTC to handle
EXCLUSIVE criminal cases, juvenile and
domestic relation cases, agrarian cases, urban
land reform cases which do nor fall under the
jurisdiction of a quasi-judicial bodies and
agencies, and/or such other special cases as the
Supreme Court may determine in the interest of a
speedy and efficient administration of justice.

RTC
• BP 129 Sec. 24—SPECIAL RULES OF
PROCEDURE- whenever a RTC takes
cognizance of juvenile and domestic relation
cases and/or agrarian cases, the special rules of
procedure applicable under present laws to such
cases shall continue to be applied unless
subsequent amended by law or by rules of court
promulgated by the SC.

FAMILY COURT
JURISDICTION
• CREATED UNDER FAMILY COURTS ACT OF
1997—shall have EXCLUSIVE ORIGINAL
JURISDICTION to hear and decide cases on the
following:
• A. Criminal cases where one or more of the accused
is below 18 years old but not less than 9 years of
age or where one or more of the 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.

FAMILY COURT
• The sentence however, shall be SUSPENDED
without need of application pursuant to PD No.
603, otherwise known as the “Child and Youth
Welfare Code”.
• I. Cases against minors cognizable under
Dangerous Drugs Act as amended

FAMILY COURT
• J. Violations of R.A. No. 7610, otherwise
known as the “Special Protection of
Children Against Child Abuse
Exploitation and Discrimination Act”as
amended by R.A. No. 7658 and

FAMILY COURT
• K. Cases of domestic violence against:
• 2. children—which include the
commission of all forms of abuse,
neglect, cruelty, exploitation, violence,
and discrimination and all other
conditions prejudicial to their
development.

FAMILY COURTS
• If a crime constitutes a criminal offense, the
accused or batterer shall be subject to
criminal proceeding and the corresponding
penalties.
• If any question involving of the above
matters should arise as an incident in any
case pending in regular courts, said incident
shall be determined in that court.

FAMILY COURTS
• SEC. 17 -TRANSITORY PROVISIONS-Pending the
establishment of such Family Courts, the Supreme Court
designate from among the branches of the RTC at least
one Family Court in each cities of Manila, Quezon,
Pasay,Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa,
Laoag, Baguio, Santiago, Dagupan, Olongapo,
Cabanatuan, San Jose, Angeles, Cavite, Batangas,
Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandate, Tagbilaran,
Surigao, Butuan, Cagayan de Oro, Davao, General
Santos,Oroquita, Ozamis, Dipolog, Zamboanga, Pagadian,
Iligan and others places as the Supreme Court may
deemed necessary.

FAMILY COURT
• ADDITIONAL CASES other than those provided
in sec. 5 may be assigned to the Family Courts
when their dockets permit: PROVIDED, that such
additional cases shall not be heard on the same
day family cases are heard.
• In areas where there are NO FAMILY COURTS,
the cases falling under the jurisdiction of said
court shall be adjudicated by the RTC.

SANDIGANBAYAN
JURISDICTION
• SEC 2 OF R.A. NO. 10660— EXCLUSIVE
ORIGINAL JURISDICTION- in all cases involving:
• A. Violation of R.A. No. 3019, as amended,
otherwise known as Anti-Graft and Corrupt
Practices Act, R.A. No. 1379 and Chapter ll,
Section 2, Title VII, Book ll 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:

SANDIGANBAYAN
• 1. Officials of the executive branch occupying the
positions of regional director and higher,
otherwise classified as Grade 27 and higher,
Compensation and Position Classification Act of
1989 (R.A. No. 6758) especially including:
• A. Provincial governors, vice-governors,
members of Sangguniang Panlalawigan and
provincial treasurers, assessors, engineers, and
other provincial heads.

SANDIGANBAYAN
• B. City mayors, vice-mayors, treasurers,
Sangguniang Panlungsod members, assessors,
engineers and other city 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 other officers higher in rank.

SANDIGANBAYAN
• 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.

SANDIGANBAYAN
• G. Presidents, directors, or trustees or managers
of government-owned or controlled corporations,
state universities or educational institutions
foundations.
• 2. Members of Congress and officials thereof
classified as salary Grade 27 and higher under
the Compensation and Position Classification Act
of 1989

SANDIGANBAYAN
• 4. Chairmen and members of the Constitutional
Commission without prejudice to the provision of the
Constitution.
• 5. All other national and local officials classified as
Grade 27 and higher under the Compensation and
Position Act of 1989.
• B. Other offenses or felonies whether simple or
complex with other crimes committed by the public
officials and employees mentioned in subsection a. of
this section in relation to their office.

SANDIGANBAYAN
• C. Civil and criminal cases filed pursuant to and in
connection with EO Not. 1,2,14 and 14-a issued in 1986.
• PROVIDED that RTC shall have EXCLUSIVE ORIGINAL
JURISDICTION where the information:
• A. Does not allege any damage to the government or
any bribery
• B. Alleges damage to the government or bribery arising
from the same or closely related transactions or acts in
an amount not exceeding 1 million pesos.

SANDIGANBAYAN
• SUBJECT TO THE RULES
PROMULGATED BY THE SC cases
falling under the jurisdiction of the
RTC under this section shall be tried
in a judicial region other where the
official holds office.

SANDIGANBAYAN
• In cases where none of the accused are
occupying positions corresponding to salary
Grade 27 or higher, as prescribed in the said
R.A. No. 6758, or military and PN P officers
mentioned above original jurisdiction thereof
shall be vested in the proper regional trial court,
Metropolitan Trial Court, Municipal Trial Court,
and Municipal Circuit Trial Court as the case may
be, pursuant to their respective jurisdiction as
provided by BP Big. 129, as amended.

SANDIGANBAYAN
• EXCLUSIVE APPELLATE
JURISDICTION over final
judgments, resolutions, or orders of
RTC whether in the exercise of their
own original jurisdiction or of their
appellate jurisdiction as herein
provided.

SANDIGANBAYAN
• EXCLUSIVE ORIGINAL JURISDICTION over
petitions for the issuance of the writs and of
mandamus, prohibitions, certiorari, 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 under EO Nos.
1,2,14 and 14-a, issued in 1986.

SANDIGANBAYAN
• THE PROCEDURE prescribed in BP Bag. 129,
as well as the implementing rules that the
Supreme Court has promulgated and may
hereafter promulgate, relative to
appeals/petitions for review to the CA, shall apply
to appeals and petitions for review filed with the
Sandiganbayan.

SANDIGANBAYAN
• In all cases ELEVATED to the
Sandiganbayan and from Sandiganbayan
to the Supreme Court, the office of the
Ombudsman, through its special
prosecutor, shall represent the People of
the Philippines, EXCEPT in cases filed
pursuant to EO Order Nos. 1,2,14, and 14-
a issued in 1986.

SANDIGANBAYAN
• IN CASES OF PRIVATE INDIVIDUALS are
charged as co-principals, accomplices, or
accessories with the public officers or
employees, including those employed in
government-owned and controlled corporations,
they shall be tried jointly with said public officers
and employees in the proper courts which shall
exercise exclusive jurisdiction over them.

SANDIGANBAYAN
• Any provisions of the law or Rules of Court
contrary notwithstanding, the criminal action and
the corresponding civil action for the recovery of
civil liability shall at all times be simultaneously
instituted with, and jointly determined in the same
proceeding by the Sandiganbayan or the
appropriate courts, the filing of the criminal action
being deemed to necessarily carry with it the filing
of the civil action and no right to reserve the filing
of such civil action separately from the criminal
action shall be recognized.

SANDIGANBAYAN
• PROVIDED however, that where the civil action
had heretofore been filed separately but
judgment therein has not yet been rendered,
and the criminal case is hereafter filed with
Sandiganbayan or the appropriate court, said
civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the
case may be, for consolidation and joint
determination with the criminal action, otherwise
the separate civil action shall be deemed
abandoned.

SANDIGANBAYAN
• CASES filed are those committed by public officials and
employees in relation to their office (Sanchez vs Demetriou)
• The offense must be intimately connected with the office of
the offender and perpetrated while he was in the
performance thereof, improper or irregular of his official
functions. (Montilla vs Hilario)
• The offense cannot exist without the office, or that the office
must constituent element of the crime and must be alleged
in the information. (Republic vs Asuncio/ Larson vs Exec.
Sec.)

SUPREME COURT
JURISDICTION
• Sec. 5, Art. VIII of the 1987 Constitution, the
Supreme Court have the power, inter alia to:
• Review and revise, reverse, modify, or affirm on
appeal, or certiorari, as the law or the Rules of
Court may provide, final judgments and decrees of
courts in—
• a. All cases in which the constitutionality or validity
of any treaty, executive agreement, law, ordinance,
or executive order or regulation is in question

SUPREME COURT
• b. All cases involving legality of any tax import,
assessment, or toll, or any penalty imposed in relation
thereto;
• c. All cases in which the jurisdiction of any inferior
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.

SUPREME COURT
• SIMILARLY, sec. 17 of the Judiciary Act of 1948—one of
the provisions not repealed by BP Big. 129-provides that
the SC shall have exclusive jurisdiction to review, revise,
modify, or affirm on appeal, as the law or rules of court may
provide, final judgments, and decrees of inferior courts…
“all criminal cases involving offense for which the penalty
imposed is death or life imprisonment, and those involving
other offense which although not so punished, arose out of
the same occurrence or same occasion, as that giving rise
to a more serious offense, regardless of whether the
accused are charged as principal, accomplice, accessory or
whether they have been tried jointly or separately …"

COURT OF APPEALS
JURISDICTION
• EXERCISE JURISDICTION ON:
• 1. Original jurisdiction to issue writs of
mandamus, prohibition, certiorari, hebeas
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 judgments of RTC

CA
• 3. EXCLUSIVE APPELLATE JURISDICTION
over all final judgments, resolutions, orders or
awards of RTC and quasi-judicial agencies,
instrumentalities, boards or commission,
including the Securities and Exchange
Commission (SEC) EXCEPT those that are
falling within the appellate jurisdiction of the
Supreme Court in accordance with the
Constitution, Labor Code of the Philippines under
PD No. 442 as amended.

CA
• Have the POWER to try cases and conduct
hearings, receive evidence and perform any and
all acts necessary to resolve factual issues
raised in cases falling within its original appellate
jurisdiction including the power to grant and
conduct new trials or Appeals must be
continuous and must be completed within three
(3) months unless extended by the chief justice
(as amended by R.A. No. 7902)

SUPREME COURT
JURISDICTION SUMMARY
• 1. ORIGINAL JURISDICTION over cases involving ambassadors, other public
ministers, and consuls; petitions for certiorari, 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 is in question
• 3. Cases involving the legality of any tax, impost, assessment, or tool, or penalty
imposed thereto :
• 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.

CA JURISDICTION
SUMMARY
• 1. ORIGINAL JURISDICTION to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo warrants, and
auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction (concurrent with the SC and RTCs)
• 2. EXCLUSIVE ORIGINAL JURISDICTION over actions for
annulment of judgment of RTCs.
• 3. EXCLUSIVE APPELLATE JURISDICTION over all final
judgments, decisions, resolutions, orders, or awards of RTCs and
quasi-judicial agencies, bodies or commissions.
• EXCEPT those that fall within the appellate jurisdiction of the SC
namely: COMELEC, Commission on Audit, Sandiganbayan.

REGIONAL TRIAL COURT
• 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.
• 2. Cases where the penalty is imposable (exceeds
4years, 2 months and 1 day)
• 3. Imprisonment, irrespective of fine (exceeds of
P4000, if only a fine is imposable)

• MANZANO VS VALERA—libel is punishable by
prison correctional in its minimum and medium
periods. R.A. 7691 places jurisdiction over
criminal cases where the penalty is 6 years or
less with the MTCs. However, Art. 360 of the
RTC gives jurisdiction over libel cases to the
RTC. Special law (RPC) must prevail over
general laws (R.A. 7691). Also from the
provisions of R.A. 7691, there is no manifest
intent to repeal or alter the jurisdiction in libel
cases.

• 2. ORIGINAL JURISDICTION:
• A. 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 ( concurrent with SC)
• C. Over offenses committed NOT in relation with public office with
imprisonment exceeding 6 years committed by public officers
classified 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 basis of decision and supporting affidavits.

FAMILY COURT (R.A. 8369)
• EXCLUSIVE ORIGINAL JURISDICTION:
• 1. One or more accused is below 18 years of age but not
less than 9 years of age;
• 2. One 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 “Child and Youth Welfare Act”.

FAMILY COURT (R.A.8369)
• 2. Cases against minor cognizable
under the Dangerous Drug Act, as
amended;
• 3. Violation of R.A. No. 7610, otherwise
known as “Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act”, as amended by R.A.
7658 and;

• CASES OF DOMESTIC VIOLENCE AGAINST:
• A. WOMEN
• à Acts of gender based violence that results, or
are likely to result 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;
AND

• B. CHILDREN
• à 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 Regional Trial Courts.

JURISDICTION OF COURT
MARTIAL
• Offenses committed by the members of
the Armed Forces of the Philippines
and other persons subject to military
law, if such offense are “service
connected”are those expressly
enumerated in R.A. No. 7055 otherwise
falls in regular courts.

THANK YOU FOR READING
CHELDHAYE

Criminal procedure

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