Diploma 2A 2015

CRIMINAL JURISDICTION OF COURTS

COURT SCOPE

MTC, MCTC and Metropolitan Trial Court

Offenses not falling within the exclusive and original jurisdiction of the RTC and Sandiganbayan

Violations of city or municipal ordinances committed within their respective jurisdiction

All other offenses punishable with imprisonment NOT EXCEEDING 6 YEARS, irrespective of amount of fine and regardless of other imposable or accessory penalties, including the civil liability arising from such offenses

Except:1. if the offense is punishable by a fine ONLY

(then amount of fine and accessory penalty is taken into consideration)

2. by express provision of law (like Libel, Direct or Indirect Bribery)

Offenses punishable with a FINE ONLY of not more than 4,000

Offenses involving damage to property through negligence (those not over 10,000 = summary proceeding)

Violations of B.P 22

Summary Procedure cases:1. Violations of traffic laws,2. Rental law and B.P 223. Violation of city/municipal ordinance4. Cases where penalty is imprisonment NOT

EXCEEDING 6 months or a fine NOT EXCEEDING

Diploma 2A 2015

1,0005. Involving damage to property through negligence

where the fine does not exceed 10,000

*Actual direct examination during trial is NOT REQUIRED**Witnesses subject to cross examination***No preliminary investigation****Arraignment and trial CANNOT be dispensed with

RTC

All criminal cases not within exclusive jurisdiction of any court/tribunal except those falling under Sandiganbayan

Appellate jurisdiction over cases decided by MTC within its territorial jurisdiction

Special jurisdiction to handle cases designated by the Supreme Court

Under specific laws:1. Written Defamation2. Violation of Dangerous Drugs Act3. Violations of Intellectual Property Rights4. Violations of PD 957

Money Laundering CasesSandiganbayan Set by PD 1606 as amended:

1. Violations of RA 3019/Anti Graft and Corrupt Practices Act where one or more of the accused are officials following the positions of:

A. Officials of the executive branch, position of regional director and higher, classified salary grade of 27. Specifically including:

Provincial governors, V. govs, members of the sangguniang panlalawigan, provincial treasurers, assessors,

Diploma 2A 2015

engineers and other provincial department heads

City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers and other department heads;

Officials of the diplomatic service occupying the position of consul and higher;

Philippine Army and Air force colonels, naval captains and all officers of higher rank;

Officers of the PNP while occupying the position of Provincial Director and those holding the rank of Senior Superintendent or higher;

City and provincial prosecutors and their assistants; officials and the prosecutors in the Office of the Ombudsman and special prosecutor;

President, directors or trustees or managers of government owned or controlled corporations, state universities or educational institutions or foundations;

B. Members of Congress and Officials thereof classified as Grade 27 and up under the Compensation and Classification Act of 1989;

Diploma 2A 2015

C. Members of the Judiciary without prejudice to the provision of the Constitution;Chairmen and members of Constitutional Commissions, without prejudice to the provision of the Constitution;

D. Chairmen and members of the Constitutional Commissions, without prejudice to the Constitution

E. All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.

2. Other offenses, simple or complexed, committed by public officials or employees mentioned in subsection 1

3. Civil and criminal cases filed pursuant to E.O No. 1,2,14, 14-A

4. Appellate jurisdiction over final judgments, resolutions or orders of RTC

5. Petitions for writ of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs in aid of its appellate jurisdiction

Except: those under exclusive jurisdiction of SC

6. Violations of RA 1379 or the Act Declaring Forfeiture in Favor of the State any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee

7. Offenses on bribery including corruption of public officers

Ombudsman THE OMBUDSMAN AND HIS DEPUTIES, as protectors of the people shall:

Diploma 2A 2015

1. Act promptly on complaints filed in any form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof

a. including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people

2. Give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties

3. Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.

4. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases

5. Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or

Diploma 2A 2015

impropriety in the performance of duties

6. Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this Act:

Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be ground for disciplinary action against said officer

7. Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records

8. Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise of performance of the powers, functions, and duties herein or hereinafter provided

9. Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein

Diploma 2A 2015

10. Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law