JURISDICTION OF COURTS/ TRIBUNALS IN CRIMINAL CASES
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban,
I. MUNICIPAL/ METROPOLITAN TRIAL COURTS
a. SECTIONS 32, 35, BP 129, AS AMENDED
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.
b. AM. NO. 00-11-01-SC, 25 MARCH 2003
RE: AMENDMENT TO THE RULE ON SUMMARY PROCEDURE
OF CRIMINAL CASES
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court
dated MAR 25 2003.
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.)
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. Blg. 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.
Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna,
JJ., concur.
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
the Metropolitan Trial Courts, the Municipal Trial Courts in Cities,
the Municipal Trial Courts, and the Municipal Circuit Trial Courts in
the following cases falling within their jurisdiction:
A.Civil Cases:
xxx
B. Criminal Cases:
xxx
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law);
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 the ordinary procedure."
Very truly yours,
(Sgd.)LUZVIMINDA D. PUNO
Clerk of Court
c. SECTION 1(B), RULES ON SUMMARY PROCEDURES
Section 1. Scope. — This rule shall govern the summary procedure
in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities,
the Municipal Trial Courts, and the Municipal Circuit Trial Courts in
the following cases falling within their jurisdiction:
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B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations; chanrobles virtual
law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law
library
(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.
II. REGIONAL TRIAL COURTS
a. SECTIONS 20,22, 23, BP. 129, AS AMENDED
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.
b. SECTION 90, RA 9165
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.
c. SECTION 5, RA 8369
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 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
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 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:
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.
d. AM NO. 03-03-03-SC, JULY 1, 2003
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); chan robles virtual law library
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)
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); chan robles virtual law library
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); chan robles virtual law library
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; chan robles virtual law library
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
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 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 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; chan robles virtual law
library
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. chan robles virtual
law library
This Resolution shall take effect on 1 July 2003 and shall be
published in two (2) newspapers of general circulation.
17 June 2003 chan robles virtual law library
Davide, Jr. C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing,
Ynares-Santiago, Sandoval-Gutirrez, Carpio, Corona, Callejo Sr.,
Carpio-Morales, Azcuna and Tinga,
Austria-Martinez, J. on leave
III. SANDIGANBAYAN
a. SECTION 4, SANDIGANBAYAN LAW, AS AMENDED BY RA
10660
REPUBLIC ACT NO. 10660
AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN,
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS
AMENDED, AND APPROPRIATING FUNDS THEREFOR
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;
"(f) City and provincial prosecutors and
their assistants, and officials and
JJ. 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
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 "(5) All other national and local officials classified including those employed in government-owned or controlled
as Grade ’27’ and higher under the Compensation corporations, they shall be tried jointly with said public officers and
and Position Classification Act of 1989. employees in the proper courts which shall exercise exclusive
"b. Other offenses or felonies whether simple or complexed jurisdiction over them.
with other crimes committed by the public officials and "Any provisions of law or Rules of Court to the contrary
employees mentioned in subsection a. of this section in notwithstanding, the criminal action and the corresponding civil
relation to their office. action for the recovery of civil liability shall at all times be
"c. Civil and criminal cases filed pursuant to and in simultaneously instituted with, and jointly determined in, the same
connection with Executive Order Nos. 1, 2, 14 and 14-A, proceeding by the Sandiganbayan or the appropriate courts, the
issued in 1986. filing of the criminal action being deemed to necessarily carry with it
"Provided, That the Regional Trial Court shall have exclusive original the filing of the civil action, and no right to reserve the filing of such
jurisdiction where the information: (a) does not allege any damage to civil action separately from the criminal action shall be
the government or any bribery; or (b) alleges damage to the recognized: Provided, however, That where the civil action had
government or bribery arising from the same or closely related heretofore been filed separately but judgment therein has not yet
transactions or acts in an amount not exceeding One million pesos been rendered, and the criminal case is hereafter filed with the
(P1,000,000.00). Sandiganbayan or the appropriate court, said civil action shall be
"Subject to the rules promulgated by the Supreme Court, the cases transferred to the Sandiganbayan or the appropriate court, as the
falling under the jurisdiction of the Regional Trial Court under this case may be, for consolidation and joint determination with the
section shall be tried in a judicial region other than where the official criminal action, otherwise the separate civil action shall be deemed
holds office. abandoned."
"In cases where none of the accused are occupying positions
corresponding to Salary Grade ’27’ or higher, as prescribed in the IV. COURT OF TAX APPEALS
said Republic Act No. 6758, or military and PNP officers mentioned V. COURT OF APPEALS
above, exclusive original jurisdiction thereof shall be vested in the VI. SUPREME COURT
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,
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