THE COMMISSION ON ELECTIONS, petitioner,

vs .
HON. THELMA CANLAS TRINIDAD-PE AGUIRRE, Presiding Judge, Regional Trial
Court, Br. 129, Caloocan City, and MA. LEONISA GENOVIA ,
respondents.
[G.R. No. 171208. September 7, 2007.]
J. Carpio-Morales

Digest Author: Jude Fanila

Topic: Jurisdiction – Jurisdiction of Courts – Metropolitan Trial Courts

Case Summary: COMELEC filed election offense against respondent, Genovia accusing her of voting
by substitution. Case was filed before the RTC, but was dismissed –

RTC claimed that Metropolitan Trial Courts had jurisdiction because offense was a criminal case with a
penalty of 6 years or less. Under BP 129 Sec. 32 – MTCs have jurisdiction over offenses that are
punishable with imprisonment not exceeding 6 years.

COMELEC appealed, arguing that Omnibus Election Code clearly provides that RTC shall exercise
exclusive original jurisdiction over offenses committed in violation of it.

SC – affirms COMELEC’s theory, Omnibus Election Code clearly grants RTC exclusive original
jurisdiction for criminal cases arising from it. (general vs specific laws ata to)

Petitioners: COMELEC
Respondents: Judge. Trinided-Pe Aguirra, Leonisa Genovia

Doctrines Involved: Congress has plenary power to define, prescribe and apportion jurisdictions of
various courts. It may, by law provide that a certain class of cases should be exclusively heard and
determined by a specific court.

As applied to the current case, while BP 129 grants first level courts exclusive original jurisdiction over
criminal cases with a penalty of less than a year but not more than 6 years, the Omnibus Election Code
clearly provides that any criminal action which bears the same penalty save those arising from failure to
vote or failure to register fall within the exclusive original jurisdiction of regional trial courts.

FACTS:
1. July 26 2005 – COMELEC, via its law department filed before the RTC of Caloocan an
information against respondent, Genovia - docketed as Crim. Case No. C-73744
a. Alleged that on the July 15, 2002 Baranggay and SK Elections, Genovia voted in
substitution of another – represented herself as Emely Genovia
i. Charged her with violation of Sec. 261(z)(3) of the Omnibus Election Code -
penalizes voting in substitutioni
 2. Sept. 21 2005 – RTC of Caloocan dismissed the case for lack of jurisdiction, citing BP 129 Sec.
32(3)ii– provided that jurisdiction of MTC has exclusive original jurisdiction for offenses
punishable with imprisonment not exceeding (6) years. (ergo MTC has jurisdiction)
a. Under Sec. 264 of the Omnibus Election Code election related offenses are punished with
imprisonment of not less than one year, but not more than six years iii
3. COMELEC appealed via motion for reconsideration – argued that under Sec. 268 of the
Omnibus Election Code, RTC has exclusive original jurisdiction for any criminal action
arising from the Code except those relating to failure to register or failure to vote. iv
a. Nov. 15 205 – RTC denied motion for reconsideration
4. Leading to current petition for Certiorari via rule 64.
5. CASE TRAIL:
a. RTC - COMELEC filed case against respondent, Genovia for violation of Election
Code
i. RTC denied motion for reconsideration
b. Direct appeal to SC via certiorari (rule 64)

ARGUMENTS BEFORE THE SUPREME COURT:

 Petitioner’s Argument related to Doctrine: That under Sec. 268 of the Election Code, RTC has
exclusive original jurisdiction over criminal offenses arising from the election code. Therefore,
dismissal of case improper.

ISSUES + HELD:
1. W/N RTC has jurisdiction over the charge under Sec. 261 of the Omnibus Election Code? – YES
a. BP 129 – Sec. 32 – which defines the jurisdiction of first-level courts (MTC, MTC,
MCT) does not cover criminal cases which, by direct provision of law fall within
exclusive jurisdiction of the regional trial courts.
b. Therefore, because Sec. 268 of the Omnibus Election Code clearly grants RTC exclusive
original jurisdiction over criminal cases for any criminal proceedings arising from the
code (except for offenses related to failure to vote or failure to register) the RTC has
jurisdiction over the current case.

RULING:

WHEREFORE, the petition is GRANTED. The challenged orders of respondent

Judge Thelma Canlas Trinidad-Pe Aguirre, in Criminal Case No. C-73774 are SET
ASIDE.
Respondent judge is DIRECTED to reinstate the case to the court docket and to
conduct appropriate proceedings thereon with reasonable dispatch.
SO ORDERED. CSHEca
i
"Any person who votes in substitution for another whether with or without
the latter's knowledge and/or consent."
ii
Sec. 32 – Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Criminal
Cases – Except in cases falling within exclusive original jurisdiction of RTC and Sandiganbayan, above courts shall
exercise:
(2) Exclusive original jurisdiction over all offenses punishable
with imprisonment not exceeding six (6) years irrespective of the amount
of fine regardless of other imposable accessory penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind,
nature, or value amount thereof: Provided, however, That in offenses involving
damage to property through criminal negligence, they shall have exclusive
original jurisdiction thereof. (Italics in the original; emphasis and underscoring
supplied)

iii
SECTION 264. Penalties. — Any person found guilty of any election
offense under this Code shall be punished with imprisonment of not
less than one year but not more than six years and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer disqualification
to hold public o􀁇ce and deprivation of the right of suffrage. If he is a foreigner,
he shall be sentenced to deportation which shall be enforced after the prison term
has been served. Any political party found guilty shall be sentenced to pay a 􀀽ne
of not less than ten thousand pesos, which shall be imposed upon such party
after criminal action has been instituted in which their corresponding o􀁇cials
have been found guilty
iv
SECTION 268. Jurisdiction of courts. — The regional trial court shall have the
exclusive original jurisdiction to try and decide any criminal action or proceedings
for violation of this Code, except those relating to the offense of failure to register
or failure to vote which shall be under the jurisdiction of the metropolitan or
municipal trial courts. From the decision of the courts, appeal will lie as in other
criminal cases.