You are on page 1of 7

Kristian Dave F.

Villa
JD 601 - Criminal Procedure I
Assignment

1. Different types/kinds of jurisdiction. A short discussion of each type.

The four kinds of jurisdiction are jurisdiction over the subject matter,
jurisdiction over the offense, jurisdiction over the person of the accused, and
jurisdiction over the territory.

a. Jurisdiction over the subject matter – it is the power to hear, determine,


and decide the case based on its nature as determined by laws.
b. Jurisdiction over the offense – it is the power to hear, determine, and
decide the case based on its imposable penalty.
c. Jurisdiction over the person of the accused – it is the power to hear,
determine, and decide the case when the person is brought to court either
by virtue of arrest or by his voluntary submission.
d. Jurisdiction over the territory - it is the power to hear, determine, and
decide the case when the act is committed or any of its essential elements
occurred within its territory.

Jurisdiction can also be classified as general jurisdiction, special


jurisdiction, original jurisdiction, appellate jurisdiction, exclusive
jurisdiction, concurrent jurisdiction, delegated jurisdiction, special
jurisdiction, and territorial jurisdiction.

a. General jurisdiction – the power to adjudicate all controversies, except those


expressly withheld from the plenary powers of the court.
b. Special jurisdiction – it refers to the court’s jurisdiction only to particular
cases and subject to such limitations as may be provided by the governing
law.
c. Original jurisdiction – the power of the court to take judicial cognizance of a
case instituted for judicial action for the first time under conditions provided
by law.
d. Appellate jurisdiction – the authority of the court higher in rank to re-
examine the final order or judgment of lower court which tried the case now
elevated for judicial review.
e. Exclusive jurisdiction – power to adjudicate a case or proceeding to the
exclusion of other courts at that stage.
f. Concurrent jurisdiction – the power conferred upon different courts whether
of the same or different ranks, to take cognizance at the state of the same
case in the same or different judicial territories.
g. Delegated jurisdiction – the grant of authority to inferior courts to hear and
determine cadastral and registration cases under certain conditions.
h. Special jurisdiction – the power of inferior courts to hear and decide
petitions for writ of habeas corpus or applications for bail in the absence of
all RTC judges in the province or city.
i. Territorial Jurisdiction – refers to the geographical area within which its
powers can be exercised:
i. Municipal Trial Court – within the municipality or city where it is
located as may be defined by SC.
ii. Regional Trial Court – within the region or province where it is
located.
iii. Supreme Court and Court of Appeals – within the Philippine
territory (nationwide).

2. Different courts in the Philippines where criminal cases may be filed, and the
different criminal cases over which these courts have jurisdiction.

The different courts in the Philippines are the following:

a. Supreme Court – R.A. No. 296 (Judiciary Act of 1948)


Section 17. Jurisdiction of the Supreme Court. The Supreme Court shall
have original jurisdiction over cases affecting ambassadors, other public
ministers, and consuls; and original and exclusive jurisdiction in
petitions for the issuance of writs of certiorari, prohibition and
mandamus against the Court of Appeals.

In the following cases, the Supreme Court shall exercise original and
concurrent jurisdiction with Regional Trial Court:

1. In petition for the issuance of writs of certiorari, prohibition, mandamus,


quo warranto, and habeas corpus; and
2. In actions brought to prevent and restrain violations of law concerning
monopolies and combinations in restraints trade.

The Supreme Court shall have exclusive jurisdiction to review, revise,


reverse, modify or affirm on appeal, as the law or rules of court may
provide, final judgments and decrees of inferior courts as herein provided,
in

i. All criminal cases involving offenses for which the penalty imposed is
death or life imprisonment; and those involving other offenses
which, although not so punished, arose out of the same occurrence
or which may have been committed by the accused on the same
occasion, as that giving rise to the more serious offense, regardless
of whether the accused are charged as principals, accomplices or
accessories, or whether they have been tried jointly or separately;
and
ii. All decisions of the Auditor General, if the appellant is a private
person or entity.

b. Court of Appeals – Batas Pambansa Bilang 129 (the Judiciary


Reorganization Act of 1980).
Section 9. Jurisdiction. The Court of Appeals shall exercise:
1. Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and auxiliary writs
or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of
judgments of Regional Trial Courts; and,
3. Exclusive appellate jurisdiction over all final judgments, decisions,
resolutions, orders or awards of Regional Trial Courts; and
quasi-judicial agencies, instrumentalities, boards or
commissions, including Securities and Exchange Commission, the
Social Security Commission, the Employees Compensation
Commission and the Civil Service Commission, except those falling
within the appellate jurisdiction of the Supreme Court in accordance
with the Constitution, the Labor Code of the Philippines, as
amended, the provisions of this Act, and of subparagraph (1) of
the third paragraph and subparagraph (4) of the fourth paragraph of
Section 17 of the Judiciary Act of 1948.

The Court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any and all acts
necessary to resolve factual issues raised in:

i. cases falling within its original jurisdiction, such as actions for


annulment of judgments of RTCs,
ii. cases falling within its appellate jurisdiction where a motion for
new trial based only on newly discovered evidence is granted by
it.

The Court of Appeals has the power to grant and conduct new
trials or further proceedings. (As amended by RA No. 7902,
February 23, 1995).

c. Sandiganbayan – PD 1606, s. 1978, as amended by Republic Act No.


7975 and Republic Act No. 8245.
The Sandiganbayan has jurisdiction over violations of Republic Act
No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended,
and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense. Officials of the
executive branch occupying the positions of regional director and
higher, otherwise classified as grade 27 and higher, of the
Compensation and position Classification Act of 1989 (R.A. No. 6758),
specifically including:
i. Provincial governors, vice-governors, members of the
Sangguniang Panlalawigan and provincial treasurers,
assessors, engineers and other provincial department heads;
ii. City mayors, vice-mayors, members of the Sangguniang
Panlungsod, city treasurers, assessors, engineers, and other
city department heads;
iii. Officials of the diplomatic service occupying the position of
consul and higher;
iv. Philippine army and air force colonels, naval captains, 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;
viii. Members of Congress and officials thereof classified as grade
27 and up under the Compensation and Position Classification
Act of 1989;
ix. Members of the judiciary without prejudice to the provisions of
the constitution;
x. Chairmen and members of constitutional commissions, without
prejudice to the provisions of the constitution; and,
xi. All other national and local officials classified as Grade 27 and
higher under the Compensation and Position Classification Act
of 1989.

d. Regional Trial Courts – generally, it has jurisdiction over criminal


cases where the imposable penalty is more than six (6) years of
imprisonment just like murder. Its jurisdiction over cases are said to
be general, which means that if cases are not within the jurisdiction
of any other courts, the same are lodged with Regional Trial Court.

e. Metropolitan Trial Courts, Municipal Trial Courts in Cities or


Municipalities, and Municipal Circuit Trial Courts – There is a
Metropolitan Trial Court in each metropolitan area established by law,
a Municipal Trial Court in each of the other cities or municipalities, and
Municipal Circuit Trial Court in each circuit comprising such cities
and/or municipalities grouped together pursuant to law.

Generally, it has jurisdiction over criminal cases where the


imposable penalty is six (6) years of imprisonment or below just
like less serious physical injury.

References:

[Justice Buddy]. (2020, November 28). Kinds of Jurisdiction (Bar, Criminology Board,
and Napolcom Exams Reviewer) [Video]. Youtube.
https://www.youtube.com/watch?v=cBsexqFUDxc

[Pinay Jurist on Youtube]. (2020, October 3). Rules of Court | Jurisdiction | Supreme

Court, Court of Appeals, and Sandiganbayan [Video]. Youtube.


https://www.youtube.com/watch?v=1MDdVnSrUdg

Valre (2012, June 5). CLASSIFICATION OF JURISDICTION. The Law Student.

Retrieved August 19, 2023, from http://lex-


estudyante.blogspot.com/2012/06/classification-of-jurisdiction.html

You might also like