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Section 32. Jurisdiction of Metropolitan Trial "Section 1. Scope. This rule shall govern the
Courts, Municipal Trial Courts and Municipal summary procedure in the Metropolitan Trial
Circuit Trial Courts in criminal cases. – Except in Courts, the Municipal Trial Courts in Cities, the
cases falling within the exclusive original Municipal Trial Courts, and the Municipal Circuit
jurisdiction of Regional Trial Courts and of the Trial Courts in the following cases falling within
Sandiganbayan, the Metropolitan Trial Courts, their jurisdiction:
Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise: A.Civil Cases:
OTHER PURPOSES
c. Section 1 (b), Rules on Summary Procedure
Section 20. Jurisdiction in criminal cases. –
Section 1. Scope. — This rule shall govern the Regional Trial Courts shall exercise exclusive
summary procedure in the Metropolitan Trial original jurisdiction in all criminal cases not within
Courts, the Municipal Trial Courts in Cities, the the exclusive jurisdiction of any court, tribunal or
Municipal Trial Courts, and the Municipal Circuit body, except those now falling under the
Trial Courts in exclusive and concurrent jurisdiction of the
the following cases falling within their Sandiganbayan which shall hereafter be
jurisdiction: exclusively taken cognizance of by the latter.
a) Criminal cases where one or more of the i) Cases against minors cognizable under the
accused is below eighteen (18) years of age but Dangerous Drugs Act, as amended;
not less than nine (9) years of age but not less
than nine (9) years of age or where one or more j) Violations of Republic Act No. 7610, otherwise
of the victims is a minor at the time of the known as the "Special Protection of Children
commission of the offense: Provided, That if the Against Child Abuse, Exploitation and
minor is found guilty, the court shall promulgate Discrimination Act," as amended by Republic Act
sentence and ascertain any civil liability which the No. 7658; and
accused may have incurred.
k) Cases of domestic violence against:
The sentence, however, shall be suspended
without need of application pursuant to 1) Women - which are acts of gender based
Ptesidential Decree No. 603, otherwise known as violence that results, or are likely to result in
the "Child and Youth Welfare Code"; physical, sexual or psychological harm or
suffering to women; and other forms of physical
b) Petitions for guardianship, custody of children, abuse such as battering or threats and coercion
habeas corpus in relation to the latter; which violate a woman's personhood, integrity
and freedom movement; and
c) Petitions for adoption of children and the
revocation thereof; 2) Children - which include the commission of all
forms of abuse, neglect, cruelty, exploitation,
d) Complaints for annulment of marriage, violence, and discrimination and all other
declaration of nullity of marriage and those conditions prejudicial to their development.
CRIMINAL PROCEDURE
Aleezah Gertrude Regado
amended, otherwise known as the Anti-Graft and Compensation and Position Classification Act of
Corrupt Practices Act, Republic Act No. 1379, and 1989;
Chapter II, Section 2, Title VII, Book II of the
Revised Penal Code, where one or more of the "(3) Members of the judiciary without prejudice
accused are officials occupying the following to the provisions of the Constitution;
positions in the government, whether in a
permanent, acting or interim capacity, at the "(4) Chairmen and members of the Constitutional
time of the commission of the offense: Commissions, without prejudice to the provisions
of the Constitution; and
"(1) Officials of the executive branch occupying
the positions of regional director and higher, "(5) All other national and local officials classified
otherwise classified as Grade ’27’ and higher, of as Grade ’27’ and higher under the Compensation
the Compensation and Position Classification Act and Position Classification Act of 1989.
of 1989 (Republic Act No. 6758), specifically
including: "b. Other offenses or felonies whether simple or
complexed with other crimes committed by the
"(a) Provincial governors, vice-governors, public officials and employees mentioned in
members of the sangguniang panlalawigan, and subsection a. of this section in relation to their
provincial treasurers, assessors, engineers, and office.
other provincial department heads:
"c. Civil and criminal cases filed pursuant to and
"(b) City mayors, vice-mayors, members of the in connection with Executive Order Nos. 1, 2, 14
sangguniang panlungsod, city treasurers, and 14-A, issued in 1986.
assessors, engineers, and other city department
heads; "Provided, That the Regional Trial Court shall
have exclusive original jurisdiction where the
"(c) Officials of the diplomatic service occupying information: (a) does not allege any damage to
the position of consul and higher; the government or any bribery; or (b) alleges
damage to the government or bribery arising
"(d) Philippine army and air force colonels, naval from the same or closely related transactions or
captains, and all officers of higher rank; acts in an amount not exceeding One million
pesos (P1,000,000.00).
"(e) Officers of the Philippine National Police
while occupying the position of provincial "Subject to the rules promulgated by the
director and those holding the rank of senior Supreme Court, the cases falling under the
superintendent and higher; jurisdiction of the Regional Trial Court under this
section shall be tried in a judicial region other
"(f) City and provincial prosecutors and their than where the official holds office.
assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor; "In cases where none of the accused are
occupying positions corresponding to Salary
"(g) Presidents, directors or trustees, or managers Grade ’27’ or higher, as prescribed in the said
of government-owned or controlled Republic Act No. 6758, or military and PNP
corporations, state universities or educational officers mentioned above, exclusive original
institutions or foundations. jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court,
"(2) Members of Congress and officials thereof municipal trial court, and municipal circuit trial
classified as Grade ’27’ and higher under the court, as the case may be, pursuant to their
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Aleezah Gertrude Regado
respective jurisdictions as provided in Batas contrary notwithstanding, the criminal action and
Pambansa Blg. 129, as amended. the corresponding civil action for the recovery of
civil liability shall at all times be simultaneously
"The Sandiganbayan shall exercise exclusive instituted with, and jointly determined in, the
appellate jurisdiction over final judgments, same proceeding by the Sandiganbayan or the
resolutions or orders of regional trial courts appropriate courts, the filing of the criminal
whether in the exercise of their own original action being deemed to necessarily carry with it
jurisdiction or of their appellate jurisdiction as the filing of the civil action, and no right to
herein provided. reserve the filing of such civil action separately
from the criminal action shall be recognized:
"The Sandiganbayan shall have exclusive original Provided, however, That where the civil action
jurisdiction over petitions for the issuance of the had heretofore been filed separately but
writs of mandamus, prohibition, certiorari, judgment therein has not yet been rendered, and
habeas corpus, injunctions, and other ancillary the criminal case is hereafter filed with the
writs and processes in aid of its appellate Sandiganbayan or the appropriate court, said civil
jurisdiction and over petitions of similar nature, action shall be transferred to the Sandiganbayan
including quo warranto, arising or that may arise or the appropriate court, as the case may be, for
in cases filed or which may be filed under consolidation and joint determination with the
Executive Order Nos. 1, 2, 14 and 14-A, issued in criminal action, otherwise the separate civil
1986: Provided, That the jurisdiction over these action shall be deemed abandoned."
petitions shall not be exclusive of the Supreme IV. Court of Tax Appeals
Court. a. Section 7, Republic Act No. 9282 March
30 2004
"The procedure prescribed in Batas Pambansa
Blg. 129, as well as the implementing rules that AN ACT EXPANDING THE JURISDICTION OF THE
the Supreme Court has promulgated and may COURT OF TAX APPEALS (CTA), ELEVATING ITS
hereafter promulgate, relative to RANK TO THE LEVEL OF A COLLEGIATE COURT
appeals/petitions for review to the Court of WITH SPECIAL JURISDICTION AND ENLARGING
Appeals, shall apply to appeals and petitions for ITS MEMBERSHIP, AMENDING FOR THE
review filed with the Sandiganbayan. In all cases PURPOSE CERTAIN SECTIONS OR REPUBLIC ACT
elevated to the Sandiganbayan and from the NO. 1125, AS AMENDED, OTHERWISE KNOWN
Sandiganbayan to the Supreme Court, the Office AS THE LAW CREATING THE COURT OF TAX
of the Ombudsman, through its special APPEALS, AND FOR OTHER PURPOSES
prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to Section 7. Section 7 of the same Act is hereby
Executive Order Nos. 1, 2, 14 and 14-A, issued in amended to read as follows:
1986.
"Sec. 7. Jurisdiction. - The CTA shall exercise:
"In case private individuals are charged as co-
principals, accomplices or accessories with the "a. Exclusive appellate jurisdiction to review by
public officers or employees, including those appeal, as herein provided:
employed in government-owned or controlled
corporations, they shall be tried jointly with said "1. Decisions of the Commissioner of Internal
public officers and employees in the proper Revenue in cases involving disputed assessments,
courts which shall exercise exclusive jurisdiction refunds of internal revenue taxes, fees or other
over them. charges, penalties in relation thereto, or other
matters arising under the National Internal
"Any provisions of law or Rules of Court to the
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Aleezah Gertrude Regado
Revenue or other laws administered by the safeguard measures under Republic Act No. 8800,
Bureau of Internal Revenue; where either party may appeal the decision to
impose or not to impose said duties.
"2. Inaction by the Commissioner of Internal
Revenue in cases involving disputed assessments, "b. Jurisdiction over cases involving criminal
refunds of internal revenue taxes, fees or other offenses as herein provided:
charges, penalties in relations thereto, or other
matters arising under the National Internal "1. Exclusive original jurisdiction over all criminal
Revenue Code or other laws administered by the offenses arising from violations of the National
Bureau of Internal Revenue, where the National Internal Revenue Code or Tariff and Customs
Internal Revenue Code provides a specific period Code and other laws administered by the Bureau
of action, in which case the inaction shall be of Internal Revenue or the Bureau of Customs:
deemed a denial; Provided, however, That offenses or felonies
mentioned in this paragraph where the principal
"3. Decisions, orders or resolutions of the amount o taxes and fees, exclusive of charges
Regional Trial Courts in local tax cases originally and penalties, claimed is less than One million
decided or resolved by them in the exercise of pesos (P1,000,000.00) or where there is no
their original or appellate jurisdiction; specified amount claimed shall be tried by the
regular Courts and the jurisdiction of the CTA
"4. Decisions of the Commissioner of Customs in shall be appellate. Any provision of law or the
cases involving liability for customs duties, fees or Rules of Court to the contrary notwithstanding,
other money charges, seizure, detention or the criminal action and the corresponding civil
release of property affected, fines, forfeitures or action for the recovery of civil liability for taxes
other penalties in relation thereto, or other and penalties shall at all times be simultaneously
matters arising under the Customs Law or other instituted with, and jointly determined in the
laws administered by the Bureau of Customs; same proceeding by the CTA, the filing of the
criminal action being deemed to necessarily carry
"5. Decisions of the Central Board of Assessment with it the filing of the civil action, and no right to
Appeals in the exercise of its appellate reserve the filling of such civil action separately
jurisdiction over cases involving the assessment from the criminal action will be recognized.
and taxation of real property originally decided
by the provincial or city board of assessment "2. Exclusive appellate jurisdiction in criminal
appeals; offenses:
"6. Decisions of the Secretary of Finance on "a. Over appeals from the judgments, resolutions
customs cases elevated to him automatically for or orders of the Regional Trial Courts in tax cases
review from decisions of the Commissioner of originally decided by them, in their respected
Customs which are adverse to the Government territorial jurisdiction.
under Section 2315 of the Tariff and Customs
Code; "b. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial Courts
"7. Decisions of the Secretary of Trade and in the exercise of their appellate jurisdiction over
Industry, in the case of nonagricultural product, tax cases originally decided by the Metropolitan
commodity or article, and the Secretary of Trial Courts, Municipal Trial Courts and Municipal
Agriculture in the case of agricultural product, Circuit Trial Courts in their respective jurisdiction.
commodity or article, involving dumping and
countervailing duties under Section 301 and 302, "c. Jurisdiction over tax collection cases as herein
respectively, of the Tariff and Customs Code, and provided:
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Aleezah Gertrude Regado
"a. Over appeals from the judgments, resolutions The court of Appeals shall have the power to try
or orders of the Regional Trial Courts in tax cases and conduct hearings, receive evidence and
collection cases originally decided by them, in perform any and all acts necessary to resolve
their respective territorial jurisdiction. factual issues raised in cases falling within its
original and appellate jurisdiction, including the
"b. Over petitions for review of the judgments, power to grant and conduct new trials or Appeals
resolutions or orders of the Regional Trial Courts must be continuous and must be completed
in the Exercise of their appellate jurisdiction over within three (3) months, unless extended by the
tax collection cases originally decided by the Chief Justice. (as amended by R.A. No. 7902.)
Metropolitan Trial Courts, Municipal Trial Courts VI. Supreme Court
and Municipal Circuit Trial Courts, in their a. Article 8, Judicial Department , 1987
respective jurisdiction." Constitution
V. Court of Appeals Section 4. (1) The Supreme Court shall be
a. BATAS PAMBANSA Blg. 129 composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its
AN ACT REORGANIZING THE JUDICIARY, discretion, in division of three, five, or seven
APPROPRIATING FUNDS THEREFOR, AND FOR Members. Any vacancy shall be filled within
OTHER PURPOSES ninety days from the occurrence thereof.
Section 9. Jurisdiction. – The Court of Appeals
shall Exercise: (2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
1. Original jurisdiction to issue writs of law, which shall be heard by the Supreme Court
mandamus, prohibition, certiorari, habeas en banc, and all other cases which under the
corpus, and quo warranto, and auxiliary writs or Rules of Court are required to be heard en banc,
processes, whether or not in aid of its appellate including those involving the constitutionality,
jurisdiction; application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
2. Exclusive original jurisdiction over actions for and other regulations, shall be decided with the
annulment of judgements of Regional Trial concurrence of a majority of the Members who
Courts; and actually took part in the deliberations on the
issues in the case and voted thereon.
3. Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of (3) Cases or matters heard by a division shall be
Regional Trial Courts and quasi-judicial agencies, decided or resolved with the concurrence of a
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Aleezah Gertrude Regado
(c) All cases in which the jurisdiction of any lower (b) For all other offenses, by filing the complaint
court is in issue. or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the
(d) All criminal cases in which the penalty complaint with the office of the prosecutor. In
imposed is reclusion perpetua or higher. Manila and other chartered cities, the complaints
shall be filed with the office of the prosecutor
(e) All cases in which only an error or question of unless otherwise provided in their charters.
law is involved.
The institution of the criminal action shall
(3) Assign temporarily judges of lower courts to interrupt the running of the period of
other stations as public interest may require. prescription of the offense charged unless
Such temporary assignment shall not exceed six otherwise provided in special laws.
months without the consent of the judge
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Aleezah Gertrude Regado
Sec. 8. Designation of the offense. – The (a) In offenses against property, if the name of
complaint or information shall state the the offended party is unknown, the property
designation of the offense given by the statute, must be described with such particularity as to
aver the acts or omissions constituting the properly identify the offense charged.
offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the (b) If the true name of the person against whom
offense, reference shall be made to the section or or against whose property the offense was
subsection of the statute punishing it. committed is thereafter disclosed or ascertained,
the court must cause such true name to be
Sec. 9. Cause of the accusation. – The acts or inserted in the complaint or information and the
omissions complained of as constituting the record.
offense and the qualifying and aggravating
circumstances must be stated in ordinary and (c) If the offended party is a juridical person, it is
concise language and not necessarily in the sufficient to state its name, or any name or
language used in the statute but in terms designation by which it is known or by which it
sufficient to enable a person of common may be identified, without need of averring that
understanding to know what offense is being it is a juridical person or that it is organized in
charged as well as its qualifying and aggravating accordance with law.
circumstance and for the court to pronounce
judgment. Sec. 13. Duplicity of the offense. – A complaint
or information must charge only one offense,
Sec. 10. Place of commission of the offense. – The except when the law prescribes a single
complaint or information is sufficient if it can be punishment for various offenses.
understood from its allegations that the offense
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Aleezah Gertrude Regado
However, any amendment before plea, which Sec. 16. Intervention of the offended party in
downgrades the nature of the offense charged in criminal action. – Where the civil action for
or excludes any accused from the complaint or recovery of civil liability is instituted in the
information, can be made only upon motion by criminal action pursuant to Rule 111, the
the prosecutor, with notice to the offended party offended party may intervene by counsel in the
and with leave of court. The court shall state its prosecution of the offense.
reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the
offended party.