CRIMPRO (RIGUERA NOTES)

OUTLINE OF CRIMINAL JURISDICTION OF COURTS:

REQUISITES FOR THE EXERCISE OF CRIMINAL
JURSIDICTION:
MUNICIPAL TRIAL COURTS (MTC)
(1) Jurisdiction over the subject matter/offense
(2) Jurisdiction over the person of the accused Exclusive original jurisdiction (ROBoT-N64)

1. Violations of the Rental law.

DIFFERENCE BETWEEN THE JURISDICTION OVER
THE SUBJECT MATTER IN CRIMINAL CASES & 2. Violations of city or municipal Ordinances committed within
JURISDICTION OVER THE PERSON OF THE their respective territorial jurisdictions.
ACCUSED:
3. Violations of B.P. Blg. 22 or the (Bouncing Checks Law)
Subject matter Person of the accused
Power of a court to try a Power of a court to try a case 4. Violations of Traffic laws, rules, and regulations.
particular class of criminal with binding effect as against
offenses as defined by the an accused 5. Offenses involving damage to property through criminal
legislature Negligence, where they shall have exclusive original
Conferred by law Obtained by arrest of the jurisdiction, even if they are punishable with imprisonment
accused or by the voluntary exceeding 6 years.
surrender of the accused
6. Offenses punishable with imprisonment not exceeding 6
HOW DOES A COURT ACQUIRE JURISDICTION OVER years, irrespective of the amount.
THE PERSON OF THE ACCUSED?
(1) Arrest of the accused 7. Offenses where the only penalty provided by law is a fine,
(2) Voluntary appearance of the accused where such fine does not exceed P4,0001.

The (2) may be made by the filing of a pleading or motion court REGIONAL TRIAL COURTS (RTC)

Exception on (2): However, if the motion to quash was precisely Exclusive original jurisdiction (MCWEED)
and exclusively to challenge the jurisdiction of the court over
the person of the accused under Rule 117, S3(b), the accused is 1. Money laundering cases—those committed by public officers
not deemed to have made a voluntary appearance. and private persons who are in conspiracy with such public
officers shall be under the jurisdiction of the Sandiganbayan.
MIRANDA V. TULIAO (2006) SAYS:
Resolution of a motion to quash a warrant of arrest does not 2. Violations of the Cybercrime Prevention Act2.
require the court to have jurisdiction over the person of the 3. Cases of Written defamation
accused
4. Criminal actions or proceedings for violation of the Omnibus
Resolution of a motion for reinvestigation does not require that Election Code.
the accused be in the custody of the law.
5. Criminal cases not falling within the Exclusive jurisdiction of
An affirmative relief may be obtained from the court despite the any court, tribunal, or body.
accused being still at-large.
6. Criminal actions involving violations of the Comprehensive
DAVID V. AGBAY (2015) SAYS: Dangerous Drugs Act of 2002.
One who seeks affirmative relief from a court, whether in a
criminal or civil case, is deemed to have submitted his person to Family Courts (MC-DVD)
the jurisdiction of the court.
1. Criminal cases where one or more of the accused is below 18
While custody of the law is required before a court can act upon years of age but not less than 9 years of age, or where one or
a bail application, it is not required for the adjudication of other more of the victims is a Minor at the time of the commission of
reliefs where the mere application constitutes a submission of the offense.
one’s person to the court’s jurisdiction.
2. Violations of R.A. No. 7610, or the Child Abuse Act.

3. Cases against minors, cognizable under the Dangerous Drugs

Act as amended.
PEOPLE V. VALDEZ (2015) SAYS: 4. Cases of Violence against women and their children under
Except in petition for bail, custody of the law is not required for R.A. No. 9262 (VAWC Law).
the adjudication of reliefs sought by the defendant (e.g. motion
to set aside “no bail” recommendation and to fix the amount of
bail), where the mere application thereof constitutes a waiver of 1
If the fine exceeds P4,000, then it’s the RTC which has
the defense of lack of jurisdiction over the person of the jurisdiction.
accused. 2
Section 21, R.A. No. 10175

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3. Cases of Domestic violence against women, and children. 3 (4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
Special Commercial Courts
(5) All other national and local officials classified as Grade “27”
Actions or proceedings involving violations of intellectual and higher under the Compensation and Position Classification
property rights. (Samson v. Daway) Act of 1989.

Appellate jurisdiction b. Other offenses or felonies, whether simple or complexed with

other crimes committed by the public officials and employees
Over all cases decided by the MTC within its territorial mentioned in “a.” of this section, in relation to their office.
jurisdiction.
c. Civil and criminal cases filed pursuant to and in connection
SANDIGANBAYAN with EO Nos. 1, 2, 14, and 14-A, issued in 1986.

Original exclusive jurisdiction4  Provided that the RTC shall have exclusive original
jurisdiction where the information:
a. Violations of the Anti-Graft Law and Chapter 2, Section 2,
Title VII, Book II of the RPC, where one or more of the accused o (a) Does not allege any damage to the
are officials5 occupying the ff. positions in the government, government or any bribery; or
whether in a permanent, acting or interim capacity, at the time of
the commission of the offense: o (b) Alleges damage to the government or
bribery arising from the same or closely
(1) Officials of the executive branch occupying the positions of related transactions or actions in an amount
regional director and higher, (Grade “27” and higher of the not exceeding P1, 000,000.
Compensation and Position Classification Act of 1989 (R.A. No.
6758), specifically including:  In cases where none of the accused are occupying
positions corresponding to Salary Grade 27 or higher,
(a) Provincial governors, vice-governors, members of the or military and PNP officers mentioned above,
sangguniang panlalawigan, and provincial treasurers, assessors, exclusive original jurisdiction thereof shall be vested
engineers, and other provincial department heads; in the proper RTC or MTC as the case may be,
pursuant to B.P. Blg. 1297.
(b) City mayors, vice-mayors, members of the sangguniang Appellate jurisdiction
panlungsod, city treasurer, assessors, engineers, and other city
department heads; Over final judgments, resolutions or orders of the RTC whether
in the exercise of their own original jurisdiction or of their
(c) Officials of the diplomatic sergice occupying the position of appellate jurisdiction, as provided in P.D. No. 16068:
consul and higher;
 In case private individuals are charged as co-
(d) Philippine army and air force colonels, naval captains, and principals, accomplices or accessories with the public
all officers of higher rank; officers or employees, including those employed in
GOCCs, they shall be tried jointly with said public
(e) Officers of the PNP while occupying the position of officers in the proper courts which shall exercise
provincial director and those holding the rank of senior exclusive jurisdiction over them.
superintendent or higher;
DUNCANO V. SANDIGANBAYAN (2015) SAYS:
(f) City and provincial prosecutors and their assistants, and
officials and prosecutors in the office of the Ombudsman and The Sandiganbayan has no jurisdiction over charge against BIR
Regional Director, whose salary grade does not exceed 26.
special prosecutor;

(g) Presidents, directors, or trustees, or managers of GOCCs, COURT OF APPEALS (CA)

state universities or educational institutions or foundations.
Appellate jurisdiction
(2) Members of Congress and officials thereof classified as
Grade “27” and up under the Compensation and Position Over final judgments, decisions, resolutions, orders, or awards
Classification Act of 1989; of the RTC and the Family Court.

(3) Members of the judiciary without prejudice to the provisions COURT OF TAX APPEALS (CTA)
of the Constitution6
Original jurisdiction

3
Section 5, R.A. No. 8369
4
No mnemonic device in Riguera. Sad. 7
Judiciary Reorganization Act of 1980
5
27 is the magic number 8
REVISING PRESIDENTIAL DECREE NO. 1486
6
Potentially in reference to the Supreme Court’s disciplinary CREATING A SPECIAL COURT TO BE KNOWN AS
power “SANDIGANBAYAN” AND FOR OTHER PURPOSES.

2 | B2023 LOPEZ – CRIMINAL PROCEDURE – PROF. VICTOR ELEAZAR

Over all criminal offenses arising from violations of the National
Internal Revenue Code, Tariff and Customs Code, and other 4. When the acts of the officer are without or in excess of
laws administered by the BIR or the BOC. authority.

 Provided, however, that offenses or felonies where the 5. When the prosecution is under an invalid law or regulation.
principal amount of taxes and fees, exclusive of
charges and penalties, claimed is less than P1,000,000 6. When there is double jeopardy.
or where there is no specified amount claimed shall be
tried by the regular courts and the jurisdiction of the 7. When the court has no jurisdiction over the offense/subject
CTA shall be appellate. matter.

SUPREME COURT 8. When it is a case of persecution rather than prosecution.

Appellate jurisdiction
9. When the charges are manifestly false and motivated by the
Criminal cases decided by the CA, Sandiganbayan, and the lust for vengeance.
CTA.
10. When there is clearly no prima facie case against the
WHAT CASES BEFORE THE MTC ARE GOVERNED BY accused and a motion to quash on that ground has been denied.11
THE RULE ON SUMMARY PROCEDURE?
The same where they exercise exclusive original jurisdiction
(ROBoT-N6), except (4), which is replaced by:

 All other criminal cases where the penalty is

imprisonment not exceeding 6 months, or a fine not
exceeding P1,000, or both.
 Moreover, for offenses involving damage to property
through criminal Negligence, the imposable fine
should not exceed P10,000.

ARAMBULO V. LAQUI (2000) SAYS:

The jurisdiction of the RTC over libel cases, as provided under
Article 360 of the RPC, has not been affected by RA 76919.

Under Article 360 of the PRC, in case of libel against a private

complainant, the criminal action may also be filed with the RTC
where any of the offended parties actually resides at the time of
the commission of the offense.

MAY INJUNCTION LIE TO RESTRAIN CRIMINAL

PROSECUTION?
The general rule is that writs of prohibition or injunction are not
available to restrain criminal prosecution.

The following are the exceptions:

1. When necessary to protect the constitutional rights of the

accused.

2. When necessary for the orderly administration of justice or to

avoid oppression or multiplicity of suits.

3. When there is a prejudicial question which is sub judice10.

9
AN ACT EXPANDING THE JURISDICTION OF THE
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
AMENDING FOR THE PURPOSE BATAS PAMBANSA,
BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY
REORGANIZATION ACT OF 1980"

10
Latin for “under a judge”; means that a particular case or
matter is under trial or being considered by a judge or court;
may be used interchangeably with “the present case” or “the
11
case at bar”. Brocka v. Enrile (1990)

3 | B2023 LOPEZ – CRIMINAL PROCEDURE – PROF. VICTOR ELEAZAR