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crimpro reviewer midterm
crimpro reviewer midterm
crimpro reviewer midterm
over an action or proceeding, there is an ordained sequence of recourse to such courts beginning from
the lowest to the highest.
Pursuant to this principle, a case must be filed first before the lowest court possible having the
appropriate jurisdiction, except if one can advance a special reason which would allow a party a direct
resort to a higher court.
This doctrine is not mere policy, rather, it is a constitutional filtering mechanism designed to enable
the Court to focus on the more fundamental and essential tasks assigned to it by the highest law of the
land.
XPNs: A careful examination of the jurisprudential bases of the exceptions would reveal a common
denominator — the issues for resolution of the Court are purely legal.
1. When there are genuine issues of constitutionality that must be addressed at the most
immediate time.
2. When the issues involved are of transcendental importance.
3. Cases of first impression.
4. The constitutional issues raised are better decided by the Supreme Court.
5. Exigency in certain situations or when time is of the essence.
6. The filed petition reviews the act of a constitutional organ.
7. No other plain, speedy, and adequate remedy in the ordinary course of law.
8. The petition includes questions that are dictated by public welfare and the advancement of
public policy, or demanded by the broader interest of justice.
9. The orders complained of were found to be patent nullities.
10. The appeal was considered as clearly an inappropriate remedy.
11. When analogous, exceptional and compelling circumstances called for and justified the
immediate and direct handling of the case.
Failure to comply with the Principle of Hierarchy of Courts is sufficient cause for the dismissal
of the petition.
For example, although the SC, CA, and the RTC have concurrent jurisdiction over certiorari,
prohibition, and mandamus, a direct invocation of the SC is improper. A petition must be first made to
the lowest court – the RTC.
Jurisdiction
The power and authority of a court to try, hear, decide a case and the power to enforce its
determination.
Jurisdiction is the power and authority conferred by the Constitution and by the statute to hear and
decide a case.
Over the subject matter – conferred by substantive law
Over the parties, issues, and res – governed by procedural law
Jurisdiction being a matter of substantive law, the established rule is that the statute in force at the
time of the commencement of the action determines jurisdiction.
Classification:
1. Original jurisdiction is 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.
2. Appellate jurisdiction is the authority of a Court higher in rank to re-examine the final order
or judgment of a lower Court which tried the case now elevated for judicial review.
3. Courts of general jurisdiction are those with competence to decide on their own jurisdiction
and take cognizance of all cases, civil and criminal, of a particular nature.
4. Courts of special jurisdiction are those which have jurisdiction only for a particular purpose
or are clothed with special powers for the performance of special duties beyond which they
have no authority of any kind.
5. Exclusive jurisdiction is that possessed by a court to the exclusion of others.
6. Concurrent jurisdiction is the power of different courts to take cognizance of the same
subject matter.
Supreme Court
Cases to be decided by the SC en banc:
1. All cases involving the constitutionality of a treaty, international or executive agreement, or
law (Sec. 4(2), Art. VIII, 1987 Constitution);
2. All cases involving the constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions, ordinances and other regulations.
3. All other cases which under the Rules of Court are required to be heard en banc.
4. Cases where the required number of votes in a division is not obtained (Sec. 4(3), Art.
VIII, 1987 Constitution)
5. Cases involving a modification or reversal of a doctrine or principle laid down previously
in a decision rendered en banc.
6. Contests relating to the election, returns, and qualifications of the President or Vice-
president. (Sec. 4, Art. VII, 1987 Constitution)
Ombudsman:
1. Authority to conduct administrative investigations over local elective officials and to
impose preventive suspension over elective provincial or city officials.
Concurrent with: Sec. of Local Govt
2. Public school teachers – Ombudsman must yield with the Div. School Superintendent. If the
Div. School Superintendent is the complainant or interested party, Sec. of Education shall
appoint members of the committee.
3.
Except in cases
falling within the
exclusive
jurisdiction of the
RTC and of the
Sandiganbayan.
Exclusive original
jurisdiction over all
violations of city or
municipal
ordinances
committed within
their respective
territorial
jurisdiction;
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;
Exclusive original
jurisdiction over
offenses involving
damage to
property through
criminal
negligence;