ON JURISI
A. Supreme Court:
|. No original Jurisdiction over criminal cases
% ae woe 8) by petition for review b) by notice of appeal
1. No onginal junsdiction
2. Appellate jurisdiction: a) by notice of appeal 6) by petition for review
C. Sandiganbayan
1, Original and exclusive jurisdiction under the fF. guidelines:
a. what offense or crime was committed
a) R.A. 3019— Anti Graft and Corrupt Practices Act
b) R.A. 1379~ the law on Il-gotten Wealth
c) Chap. Il, Title VII, Bk. 2 of RPC - Bribery
d) Exec. Orders 1, 2, 14, 14-A - PCGG cases
¢) Estafa under the Hannah Serana case, 542 SCRA, 1/22/08
) Falsification under the Garcia'vs. Sandiganbayan case, 603 SCRA
b. Who committed the offense/crime
b-I, Public officers in the executive, legislative and judicial branches
of the government with salary grade 27 according to R.A. 6758
The Compensation and Position Classification Act of 1989
Read: Escobal vs. Garchitorena, 422 SCRA
b-2: Private individuals committing the offense/crime with public
officers, Read: People vs. Henry 1. Go, March 25, 2014
i Ramiscal ys, Sandiganbayan, 630 SCRA
People vs. Benipayo, 586 SCRA
¢. How was the offease/crime committed
Read: Lacson vs, Executive Secretary, 30! SCRA
‘Sanchez vs. Demetriou, 227 SCRA
Hannah Serana vs. Sandiganbayan, 542 SCRA
2. Appellate Jurisdiction
All cases decided by the RTC in the exercise of original or appellate
jurisdiction over cases of public officers with salary grade less than 27
charged with offenses/crimes aforementioned
D. Regional ‘Trial Courts
1. Original exclusive: ll criminal cases which are not within the exclusive
am af ams aontet The affonce mnet carry a nenalty of more than1, Exclusive original:
where a party is a minor at the time of commission
. violence against women and children
¢, child abuse
d. drug cases
F, Metropolitar/Municipal Trial Court
1, All violations of city/municipal ordinances
2. All offenses punishable with imprisonment of not more than 6 years
3. Violations of traffic rules and regulations
4. Violations of the Bouncing Check Law
5. Damage to property with fine of not more than P10,000,00
G. Courts of Muslim Mindanao (RA 6734 as amended by 9054)
1. Shari’ah Circuit courts
2. Shari'ah District courts
3. Shari‘ah Appellate courts
+ All personal, family and property relations cases between muslims residing
in the autonomous region of muslim mindanao
H, What are military courts? Only service-oriented cases,.,
Note: Read the Cybercrime Prevention Act of 2012 (RA 10175)
Read Disini Jr. vs, Secretary of Justice, Feb. 18, 2014, 716 SCRA
SoS a ent Meat Hl
RULE 110 — Prosecution of offenses
7 A. Institution of Criminal Actions (Sec. 1)
7 ~how is criminal action instituted
/ When is it deemed instituted
/ + Who is qualified to institute it: a) by complaint, de parte
b) by information, de oficio
Read: Jimenez vs. Sorongon, 687 SCRA 151
78. Sufficiency of Complaint or Information (Sec, 6)
= name of accused
~ name of offended party
name of offense
~ cause of accusation: qualifying and aggravating circumstances
= place of commission
~ date of commission
Read: People vs. Valdez, 663 SCRA 272 Alanadoy- Payor '
Miguel vs. Sandiganbayan, 675 SCRA 560 Add Sh, WTS 12180
People vs. Soria, 685 SCRA 483 1-8-1}
Anadrids y< feope, CHnbe-VIqeul T-B-2009
7, Amendment vs, Substitution (Ses: 14)F
= venue is jurisdictional in criminal cases
Read: Union Bank vs. People, 667 SCRA 113
E. Intervention of the offended party (Sec, 16)
~ compare with rule 19
RULE 111 — Prosecution of Civil Action
A. Civil liability arising from the offense is deemed instituted (Sec. 1)
- Exceptions: ‘waiver, reservation, prior institution (WaRP)
~ on filing fees; counterclaim, cross-claim, 3° party complaint
-- compare with Secs, 7,8,11 of Rule 6
~ peculiar nature of B.P. 22
Read: Solidum vs, People, 718 SCRA 263
Castillo vs. Salvador, July, 2014
B. Suspension of Civil Action (Sec. 2)
~ when suspended; consolidated
~ what is the Bar Rule in Amparo and Habeas Data
Read: Lim vs. Kou Co Ping, 679 SCRA 114
independent C)
+ Articles 32,33,34 and 2176
Read: Casupanan vs. Laraya, 388 SCRA 28
Caterpillar, inc. vs, Samson, 808 SCRA 309, Nov. 9, 2016
D. Effect of death on the Civil Action (See. 4)
~ compare with Secs. 17, 18, an 20 of Rule 3
Read: People vs. Romero, 306 SCRA 90
E. Prejudicial Question (Secs. 6 and7) 5
Read: Magistrado vs. People, 527 SURA 125
Pimentel vs. Pimentel, 630 SCRA 436
JM. Dominguez vs. Liclican, 764 SCRA 338 (7/28/15)
RULE 112~—Preliminary Investigation
A. Definition/Description
- when a matter of right
= distinguish trom Preliminary L:xamination
Read: Fenequito vs. Vergara, Jr., 677 SCRA 113
Burgundy Realty Corporation vs. Reyes, 687 SCRA 524
B, Who may conduct P. I
Read: Abanado vs, Bayona, 677 SCRA 595
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