Philippine courts

▪ JUDICIAL POWER
▪ HIERARCHY OF COURTS
▪ COURTS’ JURISDICTION
▪ REVISED RULES ON CRIMINAL PROCEDURE
Judicial Power

 Judicial power rests with the Supreme Court and the lower courts, as
established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is
to settle actual controversies involving rights which are legally
demandable and enforceable (Art. VIII Sec. 1 (2)).
jurisdiction

 the official power to make legal decisions and judgments.

 the extent of the power to make legal decisions and judgments.

 Jurisdiction is the power and authority of a court, tribunal or body to

take cognizance of, hear, try and decide a litigation, petition or
motion.
TERRITORIAL JURISDICTION

 Territorial jurisdiction means that a criminal action should be filed in

the place where the crime was committed, except in those
cases provided for in Article 2 of the Revised Penal Co
WHAT IS JURISDICTION? VENUE?

 > Power or authority given by the law to a court or tribunal to hear

and determine certain controversies
>
Power of courts to hear and determine a controversy involving
rights which are demandable and enforceable
VENUE

 Particular country or geographical

area in which a court with jurisdiction may hear or
determine a case
 -Procedural
 -In civil cases, may be waived or stipulated by the parties
Probable Cause

 In particular, case law states that probable cause, for the purpose of
filing a criminal information, exists when the facts are sufficient to
engender a well-founded belief that a crime has been committed
and that the respondent is probably guilty thereof.
JURISDICTION

 -Power of the court to decide a case on the merits

 -Place of trial

-Substantive
 -Granted by law or by the constitution and cannot be waived or
stipulated
Municipal Trial Courts
(MTC, MCTC, MTCC, MeTC)
 For criminal cases:
MTC's Original Jurisdiction
 [1] All violations of city or municipal ordinances committed within their respective territorial
jurisdictions;
 [2] All offenses punishable with imprisonment of not more than six (6) years irrespective of the fine
and regardless of other imposable accessory or other penalties and the civil liability arising
therefrom; provided, however, that in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction.
 (Sec. 32, Batas Blg. 129 [1983] as amended by Rep. Act No. 7691 [1994])
 [3] All offenses committed not falling within the exclusive original jurisdiction of the
Sandiganbayan where none of the accused is occupying a position corresponding to salary
grade “27” and higher.
 (As amended by Rep. Act No. 7975 [1995] and Rep. Act No. 8249 [1997])
 [4] In cases where the only penalty provided by law is a fine not exceeding PhP 4,000, the
Metropolitan Trial Courts, etc. have jurisdiction.
 (Administrative Circular No. 09-94, dated June 14, 1994)
Regional Trial Court
RTC's Exclusive
 Criminal cases not within the exclusive jurisdiction of any court, tribunal, or body. (Sec. 20, Batas
Blg. 129 [1983]). These include criminal cases where the penalty provided by law exceeds six (6)
years imprisonment irrespective of the fine.
 (Rep. Act No. 7691 [1994]).
 These also include criminal cases not falling within the exclusive original jurisdiction of the
Sandiganbayan, where none of the accused are occupying positions corresponding to salary
grade “27” and higher.
 (Rep. Act No. 7975 [1995] and Rep. Act No. 8249 [1997]).
 But in cases where the only penalty provided by law is a fine, the Regional Trial Courts have
jurisdiction if the amount of the fine exceeds PhP 4,000.
 (Rep. Act No. 7691 [1994] as clarified by Administrative Circular No. 09-94 dated June 14, 1994).

RTC's Appellate Jurisdiction
 All cases decided by lower courts (metropolitan trial courts, etc.) in their respective territorial
jurisdictions.
 (Sec. 22, Batas Blg. 129 [1983])
RTC's Concurrent Jurisdiction
[1] RTC with Supreme Court in actions affecting ambassadors and other public ministers and consuls
(Sec. 21[1], Batas Blg. 129 [1983])
[2] RTC with Supreme Court and Court of Appeals in petitions for habeas corpus and quo warranto Appeals
(Sec. 5 [1], Article VIII, 1987 Constitution)
[3] RTC with Supreme Court, Court of Appeals, and Sandiganbayan
 [a] Petitions for certiorari, prohibition, and mandamus, if they relate to an act or omission of a municipal trial court, corporation, board,
officer, or person
 (Sec. 4, Rule 65, as amended by A.M. No. 07-7-12-SC, dated December 12, 2007)
 [b] Petitions for writ of amparo and writ of habeas data
 (Sec. 3, A.M. No. 07 9-12-SC or “The Rule on the Writ of Amparo,” effective October 24, 2007; Sec. 3, A.M. No. 08-1-16-SC, effective February 2,
2008)
 [4] RTC with metropolitan trial courts, municipal trial courts, and municipal circuit trial courts
 Application for Protection Order under Sec. 10, Rep. Act No. 9282, unless there is a Family Court in the residence of petitioner.
 [5] RTC with Insurance Commission Claims not exceeding PhP 100,000.00
(Sec. 416, Insurance Code [1974], Pres. Decree No. 612 [1975]. Applicable if subject of the action is not capable of pecuniary estimation;
otherwise, jurisdiction is concurrent with Metropolitan Trial Court, etc.)
 C:\Users\win 10\Downloads\Criminal Procedure.pdf
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