JURISDICTION OF

PHILIPPINE COURTS

Is the power and authority of a court to hear, try and decide a case.

is a power constitutionally conferred upon a judge to take cognizance of and decide cases according to law and to carry his sentence into execution.

It is the power and authority to hear and determine a cause or the right to the act in a case.

JURISDICTION

the tract of land or district within a judge has jurisdiction, is called his territory and his power in relation to his territory.

a criminal action should be filed in the place where the crime is committed, except in those cases provided in article 2 of the RPC.

TERRITORIAL JURISDICTION

GENERAL JURISDICTION – refers to the power to adjudicate all controversies except those expressly withheld by the law.

LIMITED OR SPECIFIC JURISDICTION – refers to the restricted power to adjucate a particular case and subject to such limits as may be provided by law.

ORIGINAL JURISDICTION – is given to courts to take cognizance of cases which may be instituted in those courts in the first instance.

CLASSIFICATION OF JURISDICTION

APPELATE JURISDICTION – the jurisdiction which the superior court has to bear appeals of cases which have been tried in inferior courts.

EXCLUSIVE JURISDICTION – is that which has alone the power to try or determine the suit, action or matter of dispute.

CONCURRENT JURISDICTION – is that which may be entertained by several courts.

CIVIL JURISDICTION – where the subject-matter to be tried is not of a criminal nature.

CRIMINAL JURISDICTION – cases criminal in nature.

SUPREME COURT

SANDIGANBAYAN

COURT OF APPEALS

COURT OF TAX APPEALS

COACOMELEC

REGIONAL TRIAL COURT

(SHARI’S DIST. COURT)

QUASI-JUDICIAL BODIES

NLRC, PRC, ETC.

MTC/MTCC/MeTC/

MCTC(SHARI’A CIRCUIT COURT)

HEIRARCHY OF COURTS

(Secs. 32-33, BP 129 as amended by RA 7691, and Sec. 5, RA 7691)ORIGINAL JURISDICTIONA. CIVIL CASES 1)E XCLUSIVE JURISDICTION

Actions involving personal property valued at not more than 300K/400K

Actions demanding sum of money not exceeding 300K/400K Includes admiralty & maritime cases

Probate proceedings where gross value of estate does not exceed 300K/400K

MTC, MCTC, MTCC & MeTC

Actions involving title/possession of real property where assessed value does not exceed 20K/50K

Provisional remedies in principal actions within their jurisdiction

Summary Procedure 1. Forcible entry and unlawful detainer 2. Irrespective of amount of damages or

unpaid rentals sought to be recovered 3. Other cases where total of the claim does

not exceed 100K/200K Inclusion and exclusion of voters

2) Delegated Cadastral and land registration cases No controversy or opposition, and Contested lots valued at more than 100K

3) Special Petition for Habeas Corpus

In the absence of all RTC judges

B. Criminal 1) Exclusive Summary Procedure

Violations of traffic laws, rules and regulations Violations of rental law Violations of city/municipal ordinances

committed w/in territorial jurisdiction Offenses punishable with imprisonment of not

more than 6 months, or a fine not exceeding 1K, or both • Regardless of other impossible accessory or other

penalties and civil liability arising therefrom

• Offenses involving damage to property through criminal negligence where imposable fine does not exceed 10K

Offenses punishable with imprisonment of not more than 6 years Irrespective of fine Regardless of other impossible accessory or

other penalties and civil liability arising therefrom

Have EOJ over Offenses involving damage to property through criminal negligence

Offenses not falling within EOJ of Sandiganbayan None of the accused is occupying a position

corresponding to salary grade “27” and higher

Only penalty provided by law is a fine not exceeding 4K

2) Special Applications for bail

In the absence of all RTC judges

Concurrent (in civil actions) 1) With SC Petition for quo warranto insofar as

barangay officials are concerned 2) With RTC Application for Protection Order

(Sec. 19, BP 129 as amended by RA 7691)

ORIGINAL JURISDICTIONA. CIVIL CASES 1)E XCLUSIVE JURISDICTIONOther cases where demand or value of

property in controversy exceeds 300K/400K Actions in admiralty & maritime jurisdiction

where demand/claim exceeds 300K/400K Probate proceedings where gross value of

estate exceeds 300K/400K

REGIONAL TRIAL COURT

Actions involving title/possession of real property where assessed value exceeds 20K/50K

Actions not capable of pecuniary estimation

Cases not falling within EJ of any court, tribunal, person or body exercising judicial or quasi-judicial functions

Under Securities & Regulation Code Devices or schemes employed by the

board of directors, business associates, its officers or partnership, amounting to fraud or misrepresentation

Controversies arising out of intra-corporate partnership relations

Controversies in the election or appointment of directors, trustees, officers, or managers of such corporation, partnership or association

Petition to be declared in a state of suspension of payments

Application for issuance of writ of search and seizure in civil actions for infringement of intellectual property

Violations of Anti-Money Laundering Act

B. Criminal Not within the EJ of any court, tribunal, or body

Offenses punishable with imprisonment of more than 6 years Irrespective of fine

Offenses not falling within EOJ of Sandiganbayan None of the accused is occupying a position

corresponding to salary grade “27” and higher

Only penalty provided by law is a fine exceeding 4K

Jurisdiction to impose the maximum and most serious penalty imposable for an offense forming part of the complex crime

Concurrent (in civil actions) 1) With SC

Actions affecting ambassadors & other public ministers and consuls

2) With SC and CA Petitions for habeas corpus and quo warranto

3) With SC, CA and Sandiganbayan: Petitions for writ of amparo and habeas

data Petitions under Rule 65

4) With MeTC, MTC, MCTC Application for Protection Order

5) With Insurance Commission Claims not exceeding 100K

APPELATE JURISDICTION

All cases decided by lower courts in their respective territorial jurisdiction.

(Sec. 9, BP 129 as amended by RA 7902)

ORIGINAL JURISDICTIONA.EXCLUSIVE

Annulment of judgments of RTC Petitions under Rule 65 involving an act or

omission of a quasi-judicial agencyB.CONCURRENT

With SC Petitions under Rule 65 against CSC Petitions under Rule 65 against NLRC

COURT OF APPEALS

With SC and RTC Petitions for habeas corpus and quo warranto Actions brought to prevent and restrain

violation of laws concerning monopolies and combinations in restraint of trade

With SC, RTC and Sandiganbayan Petitions under Rule 65 relating to an act or

omission of a MTC, or of a corporation, board, officer or person

Petitions for writ of amparo and habeas data

C. APPELLATEOrdinary Appeal

From RTC • In its exercise of OJ • On constitutional, tax, jurisdictional

questions involving questions of facts which should be appealed first to CA • Penalty imposed is reclusion perpetua or

life imprisonment

• Lesser penalty is imposed 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 imposed penalty is reclusion perpetua or life imprisonment

From Family Courts From MeTC, MTC, MCTC

Land registration and cadastral cases

B.Petition for Review From CSC From RTC • In cases appealed from MeTC and MCTC,

which are not a matter of right From quasi-judicial agencies From NCIP From Ombudsman • In administrative disciplinary cases

C.Petition for Certiorari Against NLRC

D. Automatic Review RTC imposed the death penalty

Under RA 8249, to determine whether the Sandiganbayan has jurisdiction, lawyers must look into two (2) criteria, namely: The nature of the offense and The salary grade of the public official.

ORIGINAL JURISDICTIONExclusive:Thus, Sec.4 of RA 8249 provides that the

Sandiganbayan shall have original exclusive jurisdiction over:

SANDIGANBAYAN

1.)  Violations of RA 3019 (Anti-graft and Corrupt Practices Law);

2.)  RA 1379 (Forfeiture of Illegally Acquired Wealth);

3.)  Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII,   Book II of the RPC (Crimes committed by Public Officers) namely:

A. Direct Bribery (Art. 210 as amended by BP 871, May 29, 1985);

       B. Indirect Bribery (Art. 211 as amended by BP 871, May 29, 1985);

     

C. Qualified Bribery (Art. 211-A as amended by RA 7659, Dec. 13, 1993);

   D. Corruption of public officials (Art. 212)

A. 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 or higher;  

(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; B.  Members of Congress and Officials thereof classified as Grade 27 and up under the Compensation and Classification Act of 1989; 

  

C. Members of the Judiciary without prejudice to the provision of the Constitution;

D. Chairmen and members of Constitutional Commissions, without prejudice to the provision of the Constitution;

E.  All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.

4.)  Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above; 5.)  Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in 1986 6.)  OTHERS provided the accused belongs to SG 27 or higher:

a.)   Violation of RA 6713 - Code of Conduct and Ethical Standards b.)   Violation of RA 7080 - THE PLUNDER LAW c.)    Violation of RA 7659 - The Heinous Crime Law

d.)  RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer

e.)   PD 46 referred to as the gift-giving decree

f.)    PD 749 which grants immunity from prosecution to any person who voluntarily gives information about any violation of Art.210, 211 or 212 of the RPC, RA 3019

Note: It should be noted that private individuals can be sued in cases before the Sandiganbayan if they are alleged to be in conspiracy with the public officer.

Concurrent with Supreme Court: 

Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not exclusive of the Supreme Court 

Quo Warranto arising in cases falling under said EO 1, 2, 14 & 14- A

APPELLATE JURISDICTION

The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27.

Pursuant to the provisions of Republic Act No. 1125 and other laws prior to R.A. 9282, the Court of Tax Appeals retains exclusive appellate jurisdiction to review by appeal, the following:

1) Decisions of the Commissioner 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;

COURT OF TAX APPEALS

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 [Rep. Act. No. 1125, (1954), Sec. 7];

3)In automatic review cases where such decisions of the Commission of Customs favorable to the taxpayer is elevated to the Secretary of Finance (Sec. 2315, TCC); and

4) Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, or the Secretary of Agriculture, in the case of agricultural product, commodity or article, in connection with the imposition of the Anti-Dumping Duty, Countervailing and Safeguard Duty [Republic Act Nos. 8751 and 8752, (1999) Sec. 301 (a) and (p), and Republic Act 8800].

Under Republic Act Number 9282, the CTA's original appellate jurisdiction was expanded to include the following:

Criminal cases involving violations of the National Internal Revenue Code and the Tariff and Customs Code;

Decisions of the Regional Trial Courts (RTC) in local tax cases;

Decisions of the Central Board of Assessment Appeals (CBAA) in cases involving the assessment and taxation of real property; and

Collection of internal revenue taxes and customs duties the assessment of which have already become final.

As stated in the 1987 Constitution, the Supreme Court “has the power to review, revise, reverse, modify, or affirm on the appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

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;

SUPREME COURT

All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;

All cases in which the jurisdiction of any lower court is in issue;

All criminal cases in which the penalty imposed is reclusion perpetua or higher;

All cases in which only an error or question of law is involved.”

ORIGINAL JURISDICTIONA.Exclusive

Petitions under Rule 65 against: CA COMELEC COA Sandiganbayan CTA en banc Ombudsman in criminal and non-

administrative disciplinary cases

B. Concurrent 1) With CA

Petitions under Rule 65 against CSC Petitions under Rule 65 against NLRC

2) With CA and RTC Petitions for habeas corpus and quo

warranto Actions brought to prevent and restrain

violation of laws concerning monopolies and combinations in restraint of trade

3) With CA, RTC and Sandiganbayan Petitions under Rule 65 relating to an act or

omission of a MTC, or of a corporation, board, officer or person

Petitions for writ of amparo and habeas data

4) With RTC Actions affecting ambassadors & other public

ministers and consuls (5) With MTC

Petition for quo warranto insofar as barangay officials are concerned

Appellate Jurisdiction

A.Ordinary Appeal From CA, in all cases involving offenses for which:

Penalty imposed is reclusion perpetua or life imprisonment, or

Lesser penalty is imposed 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

B.Petition for Review on Certiorari From CA From Sandiganbayan on pure questions of

law From judgments or final orders of RTC (OJ)

Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question

Legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto

Jurisdiction of lower court is in issue Only error or question of law is involved

From CTA

C. Petition for Certiorari Against COMELEC and COA

ENBANC

Means “in the bench” or “full bench.”

Refers to a session where the entire membership of a court will participate in the decision.

In the resolution of the court dated Nov. 18, 1993, the following cases are considered as “en banc cases,” or those that may be referred to the court en banc:

Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question;

Criminal cases in which the appealed decision impose the death penalty;

Cases raising novel question of law;Cases affecting ambassadors, other public

ministers and consul;

Cases decisions, resolutions or orders of the CSC, COE, and COA;

Cases where the penalty imposed is the dismissal of a judge, officer or employee of the judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of more than one year or a fine exceeding P10,000.oo or both;

Cases where a doctrine or principle laid down by the court en banc or in division may be modified or reversed;

Cases assigned to a division which in the opinion of at least three members thereof merit the attention of the en banc and are acceptable to a majority of actual members of the court en banc; and

All other cases as the court en banc by a majority of its actual membership may deem of sufficient importance to a merit its attention.

REPUBLIC ACT NO. 8369 SEC. 5 Jurisdiction of family 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 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

FAMILY COURTS

The sentence, however, shall be suspended without need of application pursuant to Presidential 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"

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 women and children.

A Shari'a District Court is of limited jurisdiction.   It was created under Presidential Decree No. 1083. Cases falling within the exclusive jurisdiction of the Shari'a District Courts primarily pertain to family rights and duties as well as contractual relations of Filipino Muslims in the Mindanao. 

It has exclusive original jurisdiction over the following:

1.  All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential Declaration No. 1083;

Shari‘a District Court

2.  All cases involving disposition, distribution and settlement of the estate of a deceased Muslim, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property;

3.  Petitions for declaration of absence and death and for cancellation and correction of entries in the Muslim Registries mentioned in Title VI, Book Two of Presidential Decree No. 1083;  

4.  All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations;

5.  All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all auxiliary writs and processes in aid of its appellate jurisdiction; 

It has concurrent original jurisdiction over the following:

1.  Petitions by Muslims for the constitution of the family home, change of name and commitment of insane person to any asylum;  

2.  All other personal and real actions not mentioned in paragraph 1(d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer which shall fall under the exclusive original jurisdiction of the Municipal Circuit Courts; and  

3.  All special civil actions for interpleader or declaratory relief where the parties are Muslims or the property involved belongs exclusively to a Muslim. 

Agencies are administrative agencies, more properly belonging to the belonging to the Executive department, but are empowered by the Constitution or statutes to hear and decide certain classes or categories of cases.

Empowered by the Constitution are the Constitional Commission;Civil Service CommissionCommission on ElectionsCommission on Audit

QUASI-COURTS/QUASI-JUDICIAL BODIES

Agencies empowered by statutes are:Office of The PresidentDept. of Agrarian ReformSecurities and Exchange CommissionNLRCNTCGSISLRANational Electrification AdministrationAnd other Agencies

The commission on human rights was created as an independent office for cases of violation of the human rights (Art. XIII, Sec. 17). Specific powers and duties are expressly provided for by section 18 of the 1987 Constitution.

Commission of Human Rights

The 1987 Constitution explicitly provides that Ombudsman and his deputies are called the protectors of the people for they are tasked to act promptly on complaints filed against public officials or employees of the government including government owned and controlled corporations (Art. XI, Sec. 12)

However, Republic Act. No. 6770, Sec. 15 provides that the Ombudsman shall give priority to complaints filed against high ranking government officials and those occupying supervisory positions. It is composed of the Ombudsman and six deputies.

Office of the Ombudsman

The president, Vice-President, members of the Supreme Court, Constitutional Commission and the Ombudsman may be removed from office by impeachment for impeachment for conviction of violations of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust. (Art. XI, Sec. 2). The House of Representatives has the exclusive power to initiate (Art. XI, Sec 3[1]) while the Senate has the sole power to try and decide impeachment cases (Art. XI, Sec. 3[6]). All other public officials and employees may be removed by law (Art. XI, Sec 2 the Civil Service Law)

I would like to thank the Ogs people and friends, for without them, this presentation would have been finished sooner.Mr. “antonio banderas” Laudit for discussing Shariah CourtsMr. “Helmet Head” Cledera for discussing Family CourtsMr. “Escaparate” Balde, our encoder

Mr. “Assassin” Detablan, whose support is truly invaluableMr. “Bun’i” Alcala, whose documentation is always expected.

Acknowledgements

Thank you!!!