noCRIMPRO HW 1
JURISDICTION IN CRIMINAL CASES:
1. MUNTC/ METC
a. BP 129 AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES / Judiciary Reorganization Act
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in criminal cases. – Except in
cases falling within the exclusive original jurisdiction of Regional Trial
Courts and of the Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction;
and
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of
fine, and regardless of other imposable accessory or other penalties,
including the civil liability arising from such offenses or predicated
thereon, irrespective of kind, nature, value, or amount thereof:
Provided, however, That in offenses involving damage to property
through criminal negligence they shall have exclusive original
jurisdiction thereof. (as amended by R.A, No. 7691)
Section 35. Special jurisdiction in certain cases. – In the absence of all
the Regional Trial Judges in a province or city, any Metropolitan Trial
Judge, Municipal Trial Judge, Municipal Circuit 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 absent Regional Trial
Judges sit.
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b. A. M. No. 00-11-01-SC
RE: AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF
CRIMINAL CASES TO INCLUDE WITHIN ITS COVERAGE VIOLATIONS
OF B.P. BLG. 22, OTHERWISE KNOWN AS THE BOUNCING CHECKS LAW
RESOLUTION
Acting on the recommendation of the Chairman of the Committee on
Revision of the Rules of Court submitting for this Court’s consideration
and approval the Proposed Amendment To The Rule On Summary
Procedure Of Criminal Cases To Include Within its Coverage Violations
of B.P. Big. 22, Otherwise Known As The Bouncing Checks Law, the
Court Resolved to APPROVE the same.
The amendment shall take effect on April 15, 2003 following its
publication in a newspaper of general circulation not later than March
30, 2003.
March 25, 2003.
AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF CRIMINAL
CASES TO INCLUDE WITHIN ITS COVERAGE VIOLATIONS OF B.P. BLG.
22, OTHERWISE KNOWN AS THE BOUNCING CHECKS LAW
Section 1 of the Revised Rule on Summary Procedure (Resolution of the
Court En Banc dated October 15, 1991), is amended as follows:
“Section 1. Scope. This rule shall govern the summary procedure in
Metropolitan Trial Courts, the Municipal Trial Courts in Cities,
Municipal Trial Courts, and the Municipal Circuit Trial Courts in the
following cases falling within their jurisdiction.
A. Civil Cases
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B. Criminal Cases:
xxx
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law);
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5. All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding six months, or a fine not
exceeding one thousand pesos (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom: Provided, however, that in offenses
involving damage to property through criminal negligence, this Rule
shall govern where the imposable fine does not exceed ten thousand
pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiff’s cause of
action is pleaded in the same complaint with another cause of action
subject to the ordinary procedure; nor to a criminal case where the
offense charged is necessarily related to another criminal case subject
to ordinary procedure.”
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c. Section 1(b) Rules 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 six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability arising
therefrom: Provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of
action is pleaded in the same complaint with another cause of action
subject to the ordinary procedure; nor to a criminal case where the
offense charged is necessarily related to another criminal case subject
to the ordinary procedure
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 2. Regional Trial Courts
a. BP 129
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall
exercise exclusive 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 hereafter be exclusively taken cognizance of
by the latter.
Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise
appellate jurisdiction over all cases decided by Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in
their respective territorial jurisdictions. Such cases shall be decided on
the basis of the entire record of the proceedings had in the court of
origin and such memoranda and/or briefs as may be submitted by the
parties or required by the Regional Trial Courts. The decision of the
Regional Trial Courts in such cases shall be appealable by petition for
review to the
Court of Appeals which may give it due course only when the petition
shows prima facie that the lower court has committed an error of fact
or law that will warrant a reversal or modification of the decision or
judgment sought to be reviewed.
Section 23. Special jurisdiction to try special cases. – The Supreme
Court may designate certain branches of the Regional Trial Courts to
handle exclusively criminal cases, juvenile and domestic relations cases,
agrarian cases, urban land reform cases which do not fall under the
jurisdiction of 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.
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b. RA9165
ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. – The Supreme Court shall designate special
courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of this Act.
The number of courts designated in each judicial region shall be based
on the population and the number of cases pending in their respective
jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases
involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their
filing.
When the preliminary investigation is conducted by a public prosecutor
and a probable cause is established, the corresponding information
shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is
conducted by a judge and a probable cause is found to exist, the
corresponding information shall be filed by the proper prosecutor
within forty-eight (48) hours from the date of receipt of the records of
the case.
Trial of the case under this Section shall be finished by the court not
later than sixty (60) days from the date of the filing of the information.
Decision on said cases shall be rendered within a period of fifteen (15)
days from the date of submission of the case for resolution.
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 c. RA 8369
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM
EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES,
AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED,
OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
FAMILY COURTS ACT OF 1997
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have
exclusive original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen
(18) years of age but not less than nine (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 if 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 need of application
pursuant to Ptesidential Decree No. 603, otherwise known as the "Child
and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in
relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property relations of
husband and wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership of
gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of
Executive Order No. 209, otherwise known as the "Family Code of the
Philippines";
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g) Petitions for declaration of status of children as abandoned,
dependent o neglected children, petitions for voluntary or involuntary
commitment of children; the suspension, termination, or restoration of
parental authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series of 1986), and other
related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as
amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are 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 movement; and
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.
If an act constitutes a criminal offense, the accused or batterer 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.
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 d. A.M. N0. 03-03-03-SC
RE: CONSOLIDATION OF INTELLECTUAL PROPERTY COURTS WITH
COMMERCIAL COURTS
RESOLUTION
WHEREAS, to implement the provisions of Section 5.2 of Republic Act
No. 8799 (The Securities Regulation Code), and in the interest of a
speedy and efficient administration of justice, the Supreme Court en
bane, in the (a) Resolution dated 21 November 2000 (Annex 1), 4 July
2001 (Annex 1-a), 12 November 2002 (Annex 1-b), and 9 July 2002
(Annex 1-c), all issued in A.M. No. 00-11-03-SC; (b) Resolution dated 27
August 2001 in A.M. No. 01-5-298 RTC (Annex 2); and (c) Resolution
dated 8 July 2002 in A.M. No. 01-12-656-RTC (Annex 3), resolved to
designate certain branches of the Regional Trial Courts to try and
decide cases formerly cognizable by the Securities and Exchange
Commission;
WHEREAS, pursuant to the same Resolution, sixty-five (65) Regional
Trial Courts, distributed in all regions (NCJR and Regions 1-12), were
designated as SEC courts ("SEC Courts"), which courts have presently a
total of 812 pending SEC cases (see Annex 6, Table);
WHEREAS, in A.O No. 113-95, dated 2 October 1995, as amended by
A.O. No. 104-96, dated 21 October 1996, the Regional Trial Courts in the
National Capital Region and Regions 3, 4, 6, 7, 9, 10 and 11, with
twenty-seven (27) judges, were specially designated to try and decide
cases for violations of Intellectual Property Rights (Annex 4), and to
ensure the speedy disposition of cases involving violations of
intellectual property rights under the Intellectual Property Code (Rep.
Act No. 8293), the Supreme Court en bane, in A.M. No. 02-1-11- SC,
dated February 19, 2002, designated the Regional Trial Courts in
Regions 1, 2, 5, 8 and 12, with a total of seven (7) judges, and Branch 24
of the Regional Trial Court of Manila with one (1) judge, as Special
Intellectual Property Courts ("Special IP Courts") (Annex 5)
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WHEREAS, pursuant to A.M. No. 02-1-11 SC and A.O. No. 113-95, these
Special IP Courts have a total caseload of 503 cases. Of this number 434
IP cases are pending in the NCJR (Annex 6, Table);
WHEREAS, since the establishment of Special IP Courts (except for the
Special IP Courts in Manila), 15 designated courts, in Regions 1, 2, 3, 4,
5, 6, 7, 8, 9 and 12 have zero (0) IP cases, and do not warrant their
continued designations as Intellectual Property Courts (Annex 7,
Table);
WHEREAS, intellectual property cases are commercial in nature;
WHEREAS, to streamline the court structure and to promote
expediency and efficiency in handling such special cases, the
jurisdiction to hear and decide IPC and SEC cases are best consolidated
in one court;
NOW, THEREFORE, the Court Resolves:
1. The Regional Courts previously designated as SEC Courts through
the: (a) Resolutions of this Court dated 21 November 2000, 4 July 2001,
12 November 2002, and 9 July 2002, all issued in A.M. No. 00-11-03-SC,
(b) Resolution dated 27 August 2001 in A.M. No. 01-5-298-RTC; and (c)
Resolution dated 8 July 2002 in A.M. No. 01-12-656-RTC are hereby
DESIGNATED and shall be CALLED as Special Commercial Courts to try
and decide cases involving violations of Intellectual Property Rights
which fall within their jurisdiction and those cases formerly cognizable
by the Securities and Exchange Commission;
2. The designation of Intellectual Property Courts under Administrative
Order No. 113-95 dated 2 October 1995, as amended by Administrative
Order No. 104-96 dated 21 October 1996 and Resolution dated 19
February 2002 in A.M. No. 02-1-11-SC, is hereby revoked. However, the
Regional Trial Court, Branch 24, Manila is hereby designated as an
additional Special Commercial Court in the City of Manila;
3. Upon the effectivity of this Resolution, all IP cases shall be
transferred to the designated Special Commercial Courts except those
which have undergone the pretrial stage in civil cases or those where
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any of the accused has been arraigned in criminal cases which shall be
retained by the court previously assigned to try them;
4. The Special Commercial Courts shall have jurisdiction over cases
arising within their respective territorial jurisdiction with respect to
the National Capital Judicial Region and within the respective provinces
with respect to the First to Twelfth Judicial Regions. Thus, cases shall
be filed in the Office of the Clerk of Court in the official station of the
designated Special Commercial Court;
5. In the event of inhibition of the judge of a designated Special
Commercial Court, the following guidelines shall be observed: (a)
where there is only one (1) Special Commercial Court, the case shall be
raffled among the other judges in the station; (b) where there are two
(2) Special Commercial Courts in the station, the Executive Judge shall
immediately assign the case to the other Special Commercial Court; and
(c) in case of inhibition of both judges of the Special Commercial Courts,
the Executive Judge shall raffle the case among the judges in the station;
and
6. In order to ensure a just and equitable distribution of cases, the
designated Special Commercial Courts shall continue to participate in
the raffles of other cases. Provided, however, that the Executive Judge
concerned shall adopt a procedure whereby every IP and SEC case
assigned to a Special Commercial Court should be considered a case
raffled to it and duly credited to such court.
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3. Sandiganbayan Law, as amended by RA 10660
Section 2. Section 4 of the same decree, as amended, is hereby further
amended to read as follows:
"SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise
known as the Anti-Graft and Corrupt Practices Act, Republic Act No.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised
Penal Code, 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:
"(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade ’27’ and
higher, of the Compensation and Position Classification Act of 1989
(Republic Act No. 6758), 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 Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent and higher;
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"(f) City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman and
special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-
owned or controlled corporations, state universities or educational
institutions or foundations.
"(2) Members of Congress and officials thereof classified as Grade
’27’ and higher under the Compensation and Position Classification
Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions
of the Constitution;
"(4) Chairmen and members of the Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade ’27’ and
higher under the Compensation and Position Classification Act of
1989.
"b. Other offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned in subsection a. of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"Provided, That the Regional Trial Court shall have exclusive
original jurisdiction where the information: (a) does not allege any
damage to the government or any bribery; or (b) alleges damage to
the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding One million pesos
(P1,000,000.00).
"Subject to the rules promulgated by the Supreme Court, the cases
falling under the jurisdiction of the Regional Trial Court under this
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section shall be tried in a judicial region other than where the
official holds office.
"In cases where none of the accused are occupying positions
corresponding to Salary Grade ’27’ or higher, as prescribed in the
said Republic Act No. 6758, or military and PNP officers mentioned
above, exclusive 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 jurisdictions as provided in Batas
Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction
over final judgments, resolutions or orders of regional trial courts
whether in the exercise of their own original jurisdiction or of their
appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, 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 or which may be filed under Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986: Provided, That the jurisdiction over
these petitions shall not be exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 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 Court of Appeals, shall apply to appeals and petitions
for review filed with the Sandiganbayan. In all cases elevated to the
Sandiganbayan and from the 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 Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees,
including those employed in government-owned or controlled
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corporations, they shall be tried jointly with said public officers and
employees in the proper courts which shall exercise exclusive
jurisdiction over them.
"Any provisions of law or Rules of Court to the 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: 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 the
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."
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4. Court of Tax Appeals
Section 7. Jurisdiction. - The Court of Tax Appeals shall exercise
exclusive appellate jurisdiction to review by appeal, as herein provided.
(1) Decisions of the Collector of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties imposed in relation
thereto, or other matters arising under the National Internal
Revenue Code or other law or part of law administered by the
Bureau of Internal Revenue;
(2) Decisions of the Commissioner of Customs in cases
involving liability for customs duties, fees or other money
charges; seizure, detention or release of property affected
fines, forfeitures or other penalties imposed in relation thereto;
or other matters arising under the Customs Law or other law
or part of law administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment
Appeals in cases involving the assessment and taxation of real
property or other matters arising under the Assessment Law,
including rules and regulations relative thereto.
5. Court of Appeals
6. Supreme Court
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