JURISDICTION OF CRIMINAL COURTS a.
Officials of the executive branch occupying the positions of regional
Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan
Trial Court (MTC)
Except in cases falling within the exclusive jurisdiction of the RTC and of
the Sandiganbayan:
1. Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial jurisdiction
[Sec. 32(1), B.P. 129 as amended by R.A. 7691];
2. Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years irrespective of the amount of fine, and
regardless of other imposable or accessory penalties [Sec. 32(2), B.P. 129
as amended by R.A. 7691];
3. Exclusive original jurisdiction over offenses involving damage
to property through criminal negligence [Sec. 32(2), B.P. 129 as amended
by R.A. 7691];
4. Summary procedure in certain cases; and
5. Special jurisdiction to decide on applications for bail in the
absence of all RTC judges in a province or city. (Sec 35, B.P. 129 as
amended by R.A. 7691)
NOTE: The MTCs shall have jurisdiction over the following cases falling
within their jurisdiction:
a. Violations of traffic laws, rules and regulations:
b. Violations of the rental law;
c. B.P. 22 cases
d. Violations of municipal and city ordinances;
e. All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding 6 months, or a fine not
exceeding P1, 000.00, or both; and
f. Offenses involving damage to property through criminal negligence where
the imposable penalty does not exceed P10, 000.00. [Sec 1 (b), The 1991
Rules on Summary Procedure]
Regional Trial Court (RTC)
1. Exclusive original jurisdiction in all criminal cases not within
the exclusive jurisdiction of any court, tribunal or body, except those now
falling under the exclusive and concurrent jurisdiction of the Sandiganbayan
(Sec 20, B.P. 129, as amended by R.A. 7691);
2. Original jurisdiction in the issuance of writs of certiorari,
prohibition, mandamus, quo warranto, habeas corpus, and injunction,
enforceable in any part of their respective regions [Sec 21(1), B.P. 129, as
amended by R.A. 7691];
3. Appellate jurisdiction over all cases decided by the MTC
within its territorial jurisdiction (Sec. 22, B.P. 129, as amended by R.A.
7691);
4. Special jurisdiction of certain branches to handle exclusively
criminal cases as may be determined by the Supreme Court (Sec. 23, B.P.
129, as amended by R.A. 7691); and
5. Jurisdiction over criminal cases under specific laws such as:
a. Criminal and civil aspects of written defamation (Art. 360,
RPC);
b. Designated special courts over cases in violation of the
Comprehensive Dangerous Drugs Act of 2002 (Sec 90, R.A. 9165);
c. Violation of intellectual property rights (A.M. No. 03-03-03-
SC); and
d. All cases on money laundering. (Sec. 5, R.A. 9160)
Sandiganbayan (P.D. 1606, as amended by R.A. 7975 and R.A. 8249)
1. Violations of R.A. 3019, R.A. 1379, and Chapter II, Sec. 2, Title VII, Book
II of the RPC, where one or more of the accused are officials occupying the
following positions in the government at the time of the commission of the
offense:
director and higher, otherwise classified as Grade “27” and higher of R.A.
6758;
i. Provincial governors, vice-governors, members of the
sanggunian panlalawigan and provincial treasurers, assessors, engineers
and other provincial departmental heads;
ii. City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurer, assessors engineers and the city department
heads;
iii. Officials of the diplomatic service occupying the position of
consul and higher;
iv. Philippine army and air force colonels, naval captain, and all
officers of higher rank;
v. Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
vi. City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman and special
prosecutor;
vii. Presidents, 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 R.A. 6758;
i. Members of the judiciary without prejudice to the provisions of
the Constitution;
ii. Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
iii. All other national and local officials classified as Grade “27”
and higher under R.A. 6758.
2. Other offenses or felonies whether simple or complexed with other
crimes committed by the public officials and employees abovementioned in
relation to their office;
3. Civil and criminal cases filed pursuant to and in connection with E.O.
Nos. 1, 2, 14 and 14-A; and
4. Appellate jurisdiction over final judgments, resolutions or orders of trial
courts in cases where none of the accused is occupying position
corresponding to salary grade “27” or higher. (Sec. 4, P.D. 1606 as
amended and as amended further by R.A. 8249)
Officials and employees with a salary grade of 27 or higher
If enumerated under Sandiganbayan’s jurisdiction and as long as the
offense was committed in relation to their office, regardless of salary grade,
Sandiganbayan has jurisdiction. Even if the position is not essential to the
offense charge, if the information avers the intimate connection of the office
and the offense, this would bring the offense under the definition of the
offense committed in relation to their office.
Officers with salary grade 26 and below
Those that are classified as grade 26 and below may still fall within the
jurisdiction of the Sandiganbayan provided they hold the position
enumerated in the law. As long as the offense charged in the information is
intimately connected with the office and is alleged to have been perpetrated
while the accused was in the performance of his official functions, the
accused is held to have been indicted in relation to his office.
An offense is deemed to be committed in relation to the public office
upon showing of any of the following:
1. When such office is an element of the crime charged; or
2. When the offense charged is intimately connected with the charge of the
official functions of the accused.