CRIMINAL JURISDICTION

Judge Myra B. Quiambao

A. Expanded Exclusive Original Jurisdiction of Municipal Trial Courts1

1. Violations of city or municipal ordinances committed within their

respective territorial jurisdictions;2

2. All offenses punishable with imprisonment not exceeding 6 years, (1)

irrespective of the amount of fine, and (2) regardless of other imposable
accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value, or
amount thereof.3

A municipal trial court has jurisdiction over a case of simple seduction, penalized
under Article 338 of the Revised Penal Code, as amended, with arresto mayor,
regardless of the civil liability, such as support and acknowledgement of the
offspring that may be imposed under Article 345 of the same Code.

Imposable accessory penalties that should not be considered in determining

jurisdiction of MTCs refer to the accessory penalties accompanying (1) prision
correccional prescribed in Article 43; (2) arresto menor prescribed in Article 44;
and (3) confiscation and forfeiture of the proceeds and instruments of the crime
prescribed in Article 45 of the Revised Penal Code.

Where the offense charged is within the exclusive competence of the Municipal
Trial Court by reason of the penalty (imprisonment, etc.), it shall have jurisdiction
to try and decide the case, even if the civil liability (such as actual, compensatory,
etc.) claimed exceeds its civil jurisdiction.

3. Offenses involving damage to property through criminal negligence,

regardless of the value of the property.4

4. Violations of BP 22 (Bouncing Checks Law) which are governed by the

Rules on Summary Procedure in criminal cases.5

5. Where the imposable penalty is destierro,6 the case falls within the
exclusive jurisdiction of the Municipal Trial Court, considering that in the
hierarchy of penalties under Article 71 of the Revised Penal Code,
destierro follows arresto mayor which involves imprisonment.

6. In the absence of all Regional Trial Court judges in a province or city, any
Metropolitan Trial Judge, Municipal Trial Judge, and Municipal Circuit
Trial Judge may hear and decide petitions for a writ of habeas corpus or
applications for bail in criminal cases in the province or city where the
absent Regional Trial Judges sit.7

1
Rep. Act. No. 7691 [1994], amending Batas Pambansa Blg. 129
2
Id., Sec. 2 amending Batas Pambansa Blg. 129, Sec. 32.
3
Id.
4
Id.
5
A.M. No. 00-11-01-SC effective April 15, 2003
6
REVISED PENAL CODE, Art. 334 imposes destiero as the penalty for concubinage.
7
Batas Pambansa Blg. 129, Sec. 35;
B. Jurisdiction of Regional Trial Courts

1. Regular cases

All other offenses where the imposable penalty prescribed by law is imprisonment
exceeding six (6) years, irrespective of the fine, regardless of other imposable
accessory or other penalties, including the civil liability arising from such offense or
predicated thereon, irrespective of kind, nature, value, or amount thereof.8

Offenses committed by public officers and employees in relation to their office,

including those employed in government-owned or controlled corporations, whether
simple or complexed with other crimes, where the penalty prescribed by law is
imprisonment exceeding six (6) years, or a fine exceeding Php4,000.00, when the
offender’s position carries a salary scale lower than grade 27.

2. Special cases

a) Libel is punishable by prision correccional in its minimum and maximum

periods or fine or both.9 Libel committed by public officers in relation to their
office is within the exclusive original jurisdiction of RTC.10 This would be
normally under the exclusive original jurisdiction of MTCs. However, by law
this was expressly placed under the jurisdiction of the RTCs.11

b) Dangerous Drugs cases

Sec. 90. Jurisdiction. – The Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number
of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective
jurisdictions. xxx12

c) Violations of the Intellectual Property Code (Rep. Act. No. 8293)

regardless of the imposable penalty. (Special Commercial Court)

d) Violation of Anti-Money Laundering Act.13

e) Cybercrimes (Sections 4 and 5, R.A. No. 10175) (Cybercrime Court)

C. Jurisdiction of Family Courts14

Family courts have original and exclusive jurisdiction over criminal cases:

1. Where an accused or victim is a minor15 at the time of the commission of

the offense;

8
Batas Pambansa Blg. 129, Sec. 32.
9
REVISED PENAL CODE, Art. 354.
10
People, et. al., Benipayo, G.R. No. 154473, April 24, 2009, 586 SCRA 420.
11
Id., Art. 360, Rep. Act. No. 1289 [1955] and Rep. Act. No. 4363 [1965].
12
Pursuant to Batas Pambansa Blg. 129, Sec. 23 and in the interest of speedy and efficient
administration of justice, certain Regional Trial Court branches are designated to exclusively try
and decide criminal cases committed within their respective territorial jurisdictions, as set forth
in Administrative Order (Adm. Order) No. 51-96, dated May 3, 1996, (Superseding Adm. Order
No. 173-94, dated September 28, 1994 (Re: Special Courts for Kidnapping, Robbery,
Dangerous Drugs, Carnapping, and Other Heinous Crimes under Rep. Act. No. 7659) and
Adm. Order No. 104-96, dated October 21, 1996 (Re: Designation of Special Courts for
Kidnapping, Robbery, Dangerous Drugs Cases and Other Heinous Crimes; Intellectual Property
Rights Violations and Jurisdiction in Libel Cases).
13
Rep. Act. No. 9160 [2001], as amended by Rep. Act. No. 9194 [2003].
14
Rep. Act. No. 8369 [1997]: The RTC may take cognizance of the cases enumerated in areas
where there are no designated Family Courts.
15
Rep. Act. No. 9344 [2006], entitled “An Act Establishing a Comprehensive Juvenile Justice and
 2. Against minors charged under the Dangerous Drugs Act of 2002 (Rep. Act.
No. 9165);

3. Involving violations of Rep. Act. No. 7610 (Anti-Child Abuse Act), as

amended by Rep. Act. No. 7658 [1993];

4. Rep. Act. No. 9208 (Anti-Trafficking in Persons Act of 2003);

5. Involving domestic violence against women and children under Rep. Act.
No. 9262 (Anti-Violence Against Women and their Children Act of 2004);
and

6. Involving child pornography (Rep. Act. No. 9775 [2009]).

D. Original and Exclusive Jurisdiction of the Sandiganbayan

The Sandiganbayan has exclusive and original jurisdiction over cases

involving:

1. Violations of the Anti-Graft and Corrupt Practices Act;16

2. Violations of Chapter II, Sec. 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:

1) Officials of the executive branch occupying the positions of regional

director and higher, otherwise classified as Grade ‘27’ and higher,
specifically including:

a) Provincial governors, vice-governors, members of the

sangguniang panlalawigan, and provincial treasurers,
assessors, engineers, and other city department heads;

b) City mayors, vice-mayors, members of the sangguniang

panlungsod, city treasurers, assessors, engineers, and
other city department heads;

c) Officials of the diplomatic service occupying the position

of consul and higher;

d) Philippine army and air force colonels, naval captains, and

all officers of higher rank;

e) Officers of the Philippine National Police while occupying

the position of provincial director and those holding the
rank of senior superintendent or higher;

f) City and provincial prosecutors and their assistants, and

officials and prosecutors in the Office of the Ombudsman
and special prosecutor;

Welfare System, Creating the Juvenile Justice and Welfare Council under the Department of
Justice, Appropriating Funds therefor and for Other Purposes.” Sec. 1 thereof provides that the
law shall cover the different stages involving children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.
16
Rep. Act. No. 3019 [1960], as amended.
 g) Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state
universities or educational institutions or foundations;

h) Members of Congress and officials thereof classified as

Grade ‘27’ and higher;

i) Members of the judiciary, without prejudice to the

provisions of the Constitution;

j) Chairmen and members of Constitutional Commissions,

without prejudice to the provisions of the Constitution;
and

k) All other national and local officials classified as Grade ‘27’

and higher under the Compensation and Position
Classification Act of 1989.

3. Other offenses or felonies, whether simple or complexed with other

crimes, committed by the public officials and employees mentioned in
Subsec. A of this Section in relation to their office.

4. Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1 (Creating the Presidential Commission on Good
Government); 2 (Regarding the Funds, Moneys, Assets, and Properties
Illegally Acquired or Misappropriated by Former President Ferdinand E.
Marcos xxx); 14 (Defining the Jurisdiction Over Cases Involving the Ill-
gotten Wealth of Former President Ferdinand E. Marcos xxx); and 14-A
(Amending Executive Order No. 14), issued in 1986.17

5. Violation of Anti-Money Laundering Act.18

17
Rep. Act. No. 8249 [1997], Sec. 4.
18
Rep. Act. No. 9160 [2001], as amended by Rep. Act. No. 9194 [2003].