Cr Exercise of Jurisdiction

7/28/2019 Cr Exercise of Jurisdiction

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EXERCISE OF JURISDICTIONTHE AUTHORITY TO DECIDE A CASE AT ALL , AND NOT THE DECISIONTHEREIN , IS WHAT MAKES UP JURISDICTIONIT IS THE POWER OF THE COURT TO HEAR AND DECIDE CASES( for the power to decide , it carries with it the power to decide wrongly as well

as rightly )

A COURT MAY ACT :1st. WITHOUT POWER OR JURISDICTION the act or judgment of the court is

wholly void2nd HAVING POWER OR JURISDICTION , MAY EXERCISE IT

WRONGFULLY wrong and must be reversed upon error3rd IRREGULARLY irregular and must be corrected by motion

Jurisdiction is conferred

bylaw Or by the constitution

cannot be fixed by the will of the parties It cannot be acquired through any actor omission of the partiesConstitutionally viewed , apportionment of jurisdiction is vested in theLegislature

Jurisdiction , a matter ofSubstantive LawThat part of the law whichcreates , defines and regulates rights and whichregulates the rights and duties which gives rise to a cause of action .

[ while that which prescribe the methods of enforcing rights or redressfor their invasion is Remedial or Procedural law ]

Jurisdiction

is the power and authority of the court to hear, try and decide a case.

In general, jurisdiction may either be over the nature of the action, overthe subject matter, over the person of the defendants or over the issuesframed in the pleadings.

Jurisdiction over the nature of the action and subject matter is conferredby law.

It is determined by the allegations of the complaint, irrespective ofwhether or not the plaintiff is entitled to recover upon all or some of the

claims asserted therein. Jurisdiction over the person of the plaintiff is acquired from the time he

files his complaint; while jurisdiction over the person of the defendant isacquired by his voluntary appearance in court and his submission to itsauthority, or by the coercive power of legal processes exerted over hisperson.

Regional Trial CourtThe Regional Trial Court (RTC), formerly known as the Court of FirstInstance (CFI), is part of the Philippine Court System classified as courts ofgeneral jurisdiction.

They handle and decide not only the particular classes or kinds of casesassigned to them by law, but also those which are not within the jurisdiction of


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the courts of the first level or the Metropolitan Trial CourtsCurrently, there are a total of thirteen (13) Regional Trial Courts, from 13different judicial regions, that exist in the Philippines.REGIONAL TRIAL COURTS ( Under BP129 [ The JudiciaryReorganization Act of 1980 ] as amended )

X X X.Section 19. Jurisdiction in civil cases. Regional Trial Courts shallexercise exclusive original jurisdiction:[Civil Action a party sues another for the enforcement or protection of aright , or prevention or redress (remedy) of a wrong ](1) In all civil actions in which the subject of the litigation is incapable ofpecuniary estimation;(2) In all civil actions which involve the title to, or possession of, real property,or any interest therein, where the assessed value of the property involvedexceeds Twenty thousand pesos (P20,000.00) or for civil actions in MetroManila, where such the value exceeds Fifty thousand pesos (50,000.00)

except actions for forcible entry into and unlawful detainer of lands orbuildings, original jurisdiction over which is conferred upon MetropolitanTrial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;(3) In all actions in admiralty and maritime jurisdiction where he demand orclaim exceeds One hundred thousand pesos (P100,000.00) or , in MetroManila, where such demand or claim exceeds Two hundred thousand pesos(200,000.00);(4) In all matters of probate, both testate and intestate, where the gross valueof the estate exceeds One hundred thousand pesos (P100,000.00) or, inprobate matters in Metro Manila, where such gross value exceeds Twohundred thousand pesos (200,000.00);

(5) In all actions involving the contract of marriage and marital relations;(6) In all cases not within the exclusive jurisdiction of any court, tribunal,person or body exercising jurisdiction or any court, tribunal, person or bodyexercising judicial or quasi-judicial functions;(7) In all civil actions and special proceedings falling within the exclusiveoriginal jurisdiction of a Juvenile and Domestic Relations Court and of theCourts of Agrarian Relations as now provided by law; and(8) In all other cases in which the demand, exclusive of interest, damages of

whatever kind, attorney's fees, litigation expenses, and costs or the value ofthe property in controversy exceeds One hundred thousand pesos(100,000.00) or, in such other abovementioned items exceeds Two hundred

thousand pesos (200,000.00). (as amended by R.A. No. 7691*)[ Give more focus for the purpose of CrimPro Subject ] Section 20.Jurisdiction in criminal cases. Regional Trial Courts shall exercise exclusive original jurisdiction in allcriminal cases not within the exclusive jurisdiction of any court, tribunal or

body, except those now falling under the exclusive and concurrent jurisdictionof the Sandiganbayan which shall hereafter be exclusively taken cognizance of

by the latter.

All criminal cases in which the penalty provided by law exceeds 6yearsimprisonment( Prision Mayor 6y-1d-to 12y ) and which are not within the exclusive

jurisdiction of any court , tribunal or body .Example of Prision Mayor : conspiracy to commit treason , theft ( not


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qualified theft bec. its penalty is already 2degree higher meaning reclusionperpetua) slight illegal detention and so on .

Over offenses where the fine is more than 4k pesos If the amount of the fineexceeds four thousandpesos,The Regional Trial Court shall have jurisdiction, including offenses

committed by public officers and employees in relation to their office, wherethe amount of the fine does not exceed six thousand pesos.

Where the prescribe law is purely fine only for CRIMES RTC above 4k( 4,050k ) MTC 4k or lessHowever, the exception to the exception is when the crime is damage toproperty, like reckless imprudence, because in the crime of damage toproperty through criminal negligence the penalty is only fine, wala yangimprisonment under the RPC and the fine is equal to the damage or not morethan three (3) times the amount of the damage.EXAMPLE: You bumped a car and you wreck it. The car is worth P100,000.

Ano ang penalty? The minimum fine is P100,000 equal to the value of the

damage and the maximum is P300,000 (three times the value of thedamage, Article 365, RPC). So the fine could range from P100,000 toP300,000.Q: Sa RTC na ba yan because it is above P4,000?A: No! Basta damageto property through reckless imprudence, automatically it is the MTCregardless of the amount of fine. The P4,000 is only for crimes other thandamage to property through reckless imprudence.

Under PD1606 as amended by RA8249 : The Criminal cases ofGovernment officials Offense punishable by imprisonment of more than6yearsor fine more than 4k Official is lower than salary grade 27 ( morethan SG27 SBs jurisdiction already) Ex. MTC Judge , Sanguniang Bayan ,District Engr ,Police Chief , Collecror of Customs etc.

Jurisdiction over criminal cases under specific lawo Violation of RA9165 (Comprehenssive DDA of 2002)o Libel cases ( eventhough punishable by prision correctional (art.360)( people vs eduarte G.R no.88232 , 2.26.90 )o Criminal violation of Intellectual Property Code ( patent , trademark, tradename and copyright )o Election Criminal CasesQ: Give instances of this exception. In what cases will the RTC will

try the case even if the penalty is only six (6) years or less?A: Thereare four (4) instances as laid down by the SC in cases of MORALES VS. CA,283 SCRA 211 (1997) and COMELEC vs. NHOYNAY , 292 SCRA 254 (1998):1. Libel Klaro sa Article 360, RPC na RTC, pero if you look at the penaltyfor libel, hindi man makaabot ng six (6) years ba! Article 360 prevails. 2. TheDecree on Intellectual Property. Criminal cases for theviolation of theDecree on Intellectual Property mga trademarks yan.3. The Dangerous Drugs Act. Basta Dangerous Drugs, automatic RTC yaneven if the penalty is prision correcional lang. 4. Violation of the OmnibusElection Code Criminal cases arising from theviolations of the OmnibusElection Code is with the RTC even if the penalty is below six (6) years and

one (1) day (Comelec vs. Nhoynay) Appellate jurisdiction over all cases decided by MTC , MeTC , MCTC, in


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their respective territorial jurisdiction ( Sec.22 of BP 129 )

Complex crimes * must be prosecuted integrally (complete) as it were andnot splitinto its component and made the subject of multiple information . * Robbery

w Arson , Kidnapping with homecide

Section 21. Original jurisdiction in other cases. Regional TrialCourts shall exercise original jurisdiction:(1) In the issuance of writs of certiorari, prohibition, mandamus, quo

warranto, habeas corpus and injunction which may be enforced in any part oftheir respective regions; and(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. Regional Trial Courts shallexercise appellate jurisdiction over all casesdecided by Metropolitan Trial Courts, Municipal Trial Courts, and MunicipalCircuit Trial Courts in their respective territorial jurisdictions.

Such cases shall be decided on the basis of the entire record of theproceedings had in the court of origin and such memoranda and/or briefs asmay be submitted by the parties or required by the Regional Trial Courts.The decision of the Regional Trial Courts in such cases shall be appealable bypetition for review to the Court of Appeals which may give it due course only

when the petition shows prima facie that the lower court has committed anerror of fact or law that will warrant a reversal or modification of the decisionor judgment sought to be reviewed.[ by way of appealing all cases decide by the lower courts in their respective

jurisdiction ][ show some illustration ]Procedure in the RTC (Rule 40 sec.7 ) 1. Upon receipt of complete record orthe record on appeal RTC notify theparties of such fact . 2. Upon 15days of such notice appellant shall submitthe briefly discussederror imputed to the lower court ( m/mtc,mctc )Failure of the appellant to file a memorandum shall be aground for dismissalof the appeal3 . upon the filing of the appellee , the case shall be considered submitted fordecision .Then RTC shall decide the case on the basis of the entire record made in thecourt of origin . The court may decide

AFFIRM or ReversedSection 23. Special jurisdiction to try special cases. The SupremeCourt may designate certain branches of the Regional Trial Courts to handleexclusively criminal cases, juvenile and domestic relations cases, agrariancases, urban land reform cases which do not fall under the jurisdiction ofquasi-judicial bodies and agencies, and/or such other special cases as theSupreme Court may determine in the interest of a speedy and efficientadministration of justice.Section 24. Special Rules of Procedure. Whenever a Regional TrialCourt takes cognizance of juvenile and domestic relation cases and/oragrarian cases, the special rules of procedure applicable under present laws to

such cases shall continue to be applied, unless subsequently amended by lawor by rules of court promulgated by the Supreme Court.


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Cr Exercise of Jurisdiction