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Diploma 2A 2015

CRIMINAL JURISDICTION OF COURTS


COURT

SCOPE
Offenses not falling within the exclusive and original
jurisdiction of the RTC and Sandiganbayan

MTC, MCTC and Metropolitan Trial Court


Violations of city or municipal ordinances committed
within their respective jurisdiction
All other offenses punishable with imprisonment NOT
EXCEEDING 6 YEARS, irrespective of amount of fine and
regardless of other imposable or accessory penalties,
including the civil liability arising from such offenses
Except:
1. if the offense is punishable by a fine ONLY (then
amount of fine and accessory penalty is taken
into consideration)
2. by express provision of law (like Libel, Direct or
Indirect Bribery)
Offenses punishable with a FINE ONLY of not more than
4,000
Offenses involving damage to property through
negligence (those not over 10,000 = summary
proceeding)
Violations of B.P 22
Summary Procedure cases:
1. Violations of traffic laws,
2. Rental law and B.P 22
3. Violation of city/municipal ordinance
4. Cases where penalty is imprisonment NOT
EXCEEDING 6 months or a fine NOT EXCEEDING

Diploma 2A 2015
1,000
5. Involving damage to property through negligence
where the fine does not exceed 10,000
*Actual direct examination during trial is NOT REQUIRED
**Witnesses subject to cross examination
***No preliminary investigation
****Arraignment and trial CANNOT be dispensed with
All criminal cases not within exclusive jurisdiction of any
court/tribunal except those falling under Sandiganbayan
Appellate jurisdiction over cases decided by MTC within
its territorial jurisdiction

RTC

Special jurisdiction to handle cases designated by the


Supreme Court
Under specific laws:
1. Written Defamation
2. Violation of Dangerous Drugs Act
3. Violations of Intellectual Property Rights
4. Violations of PD 957

Sandiganbayan

Money Laundering Cases


Set by PD 1606 as amended:
1. Violations of RA 3019/Anti Graft and Corrupt Practices
Act where one or more of the accused are officials
following the positions of:
A. Officials of the executive branch, position of
regional director and higher, classified salary
grade of 27. Specifically including:

Provincial governors, V. govs, members


of the sangguniang panlalawigan,
provincial treasurers, assessors,

Diploma 2A 2015
engineers and other provincial
department heads

City mayors, vice-mayors, members of


the sangguniang panglungsod, city
treasurers, assessors, engineers and
other department heads;

Officials of the diplomatic service


occupying the position of consul and
higher;

Philippine Army and Air force colonels,


naval captains and all officers of higher
rank;

Officers of the PNP while occupying the


position of Provincial Director and those
holding the rank of Senior
Superintendent or higher;

City and provincial prosecutors and their


assistants; officials and the prosecutors
in the Office of the Ombudsman and
special prosecutor;

President, 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;

Diploma 2A 2015
C. Members of the Judiciary without prejudice to
the provision of the Constitution;Chairmen and
members of Constitutional Commissions, without
prejudice to the provision of the Constitution;
D. Chairmen and members of the Constitutional
Commissions, without prejudice to the Constitution
E. All other national and local officials classified as
Grade 27 and higher under the Compensation and
Position Classification Act of 1989.
2. Other offenses, simple or complexed, committed by
public officials or employees mentioned in subsection 1
3. Civil and criminal cases filed pursuant to E.O No.
1,2,14, 14-A
4. Appellate jurisdiction over final judgments, resolutions
or orders of RTC
5. Petitions for writ of mandamus, prohibition, certiorari,
habeas corpus, injunctions and other ancillary writs in aid
of its appellate jurisdiction
Except: those under exclusive jurisdiction of SC
6. Violations of RA 1379 or the Act Declaring Forfeiture in
Favor of the State any Property Found to Have Been
Unlawfully Acquired by Any Public Officer or Employee
7. Offenses on bribery including corruption of public
officers
Ombudsman

THE OMBUDSMAN AND HIS DEPUTIES, as protectors of


the people shall:

Diploma 2A 2015
1. Act promptly on complaints filed in any form or
manner against officers or employees of the
Government, or of any subdivision, agency or
instrumentality thereof
a. including government-owned or controlled
corporations, and enforce their
administrative, civil and criminal liability in
every case where the evidence warrants in
order to promote efficient service by the
Government to the people
2. Give priority to complaints filed against high
ranking government officials and/or those
occupying supervisory positions, complaints
involving grave offenses as well as complaints
involving large sums of money and/or properties
3. Investigate and prosecute on its own or on
complaint by any person, any act or omission of
any public officer or employee, office or agency,
when such act or omission appears to be illegal,
unjust, improper or inefficient.
4. It has primary jurisdiction over cases cognizable
by the Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any
stage, from any investigatory agency of
Government, the investigation of such cases
5. Direct, upon complaint or at its own instance, any
officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as
well as any government-owned or controlled
corporations with original charter, to perform and
expedite any act or duty required by law, or to
stop, prevent, and correct any abuse or

Diploma 2A 2015
impropriety in the performance of duties
6. Direct the officer concerned to take appropriate
action against a public officer or employee at fault
or who neglects to perform an act or discharge a
duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith; or
enforce its disciplinary authority as provided in
Section 21 or this Act:
Provided, That the refusal by any officer
without just cause to comply with an order
of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an
officer or employee who is at fault or who
neglects to perform an act or discharge a
duty required by law shall be ground for
disciplinary action against said officer
7. Administer oaths, issue subpoena and subpoena
duces tecum, and take testimony in any
investigation or inquiry, including the power to
examine and have access to bank accounts and
records
8. Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall
ensure the effective exercise of performance of
the powers, functions, and duties herein or
hereinafter provided
9. Investigate and initiate the proper action for the
recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the
prosecution of the parties involved therein

Diploma 2A 2015
10. Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law