criminal procedure (courts jurisdiction)

Topics: Supreme Court of the United States, Court, Habeas corpus Pages: 5 (928 words) Published: October 29, 2013
CRIMINAL PROCEDURE

Jurisdiction
Supreme Court
Court of Appeals
Sandiganbayan
RTC
MeTC, MTC, MCTC
Original – Concurrent
Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls.

Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus

It shall exercise exclusive original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs and processes, whether or not in aid of its appellate jurisdiction.

Its power over petitions for certiorari, prohibition, and mandamus extends to courts or quasi-judicial agencies, boards, instrumentalities, or commissions over which it has exclusive appellate jurisdiction and all other courts and quasi-judicial agencies, not falling under the exclusive jurisdiction of the Supreme Court.

Under EO 1,2,14, and 14-A (RA 7975 Sec. 2, RA 8249), the Marcos ill-gotten wealth cases, the Sandiganbayan has concurrent original jurisdiction with the Supreme Court in the: 1. special civil actions of certiorari, prohibition, mandamus, and quo warranto, 2. the special proceeding of habeas corpus, and

3.  provisional remedies of injunction and ancillary writs in aid of its appellate jurisdiction.

In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions.

In actions affecting ambassadors and other public ministers and consuls

Original – Exclusive
Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus against court of appeals and sandiganbayan. Actions for annulment of judgment of the RTCs.
1. Violation of RA 3019 (Anti-Graft and Corrupt Practices), RA 1379 (unlawfully acquired property), and the Revised Penal Code (Book II, Title VII, Chapter II, Section 2), and,

2.  Other offenses  committed by public employees (and government-owned or controlled corporations) in relation to their office and private individuals charged with them, where one of the accused is an official occupying the following positions (permanent or interim) at the time of the commission of the offense:

2a.   Officials of the executive branch classified as Grade 27 or higher; 2b. Members of the Judiciary
2c. Members of the Constitutional Commissions
2d. Members of Congress
2e. All other national and local officials classified as Grade 27 or higher.

3. Civil and criminal cases filed under EO 1,2,14, and 14-A (RA 7975 Sec. 2, RA 8249)

1. Criminal cases not within the exceeding jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan;

2. Offenses the imposable penalty for which exceeds 6 years imprisonment;

3. In cases where the only penalty is fine, the amount thereof shall determine jurisdiction. If the amount exceeds P4,000, RTCs have jurisdiction;

4. Criminal Cases under specific laws:

a. Written Defamation;
b. Jurisdiction of designated courts over cases in violation of the of the Comprehensive Dangerous Act of 2002 as provided in Sec. 90 thereof; c. Violation of intellectual property rights.

d. Criminal action or proceedings for Violation of the Omnibus election code

5. All cases on money laundering except those falling under the jurisdiction of the Sandiganbayan.

FAMILY COURT – Criminal Cases where:

a. One or more of the accused is/are below 18 years of age but not less than nine years of age; or

b. Where one of the victims is minor at the time of the commission of the offense;

c. Cases against cognizable under Dangerous Drugs Act;

d. Violations of RA 7610, otherwise known as the “Special Protection of children Against child abuse, Exploitation and Discrimination Act” as amended by RA 7658; and

e. Cases of domestic violence against women and children....
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