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RULES OF CRIMINAL PROCEDURE

Rules 110 127


General Matters
Requisites for exercise of criminal jurisdiction

1.

The court is clothed with jurisdiction over the offense by virtue of the imposable penalty and its nature;
and

2.

The action has been filed within the territorial jurisdiction of the court.

Jurisdiction of Criminal courts


Court
Supreme Court

Original

Exclusive Appellate

Exclusive:Petitions for

By Appeal:a) from the RTC in all

certiorari, prohibition and

criminal cases involving

mandamus against the CA and offenses for which the penalty

Court of Appeals

Sandiganbayan.

isreclusion perpetua or life

Concurrent:

imprisonment, and those

a) with CA: petitions for

involving other offenses which,

certiorari, prohibition and

although not so punished,

mandamus against RTC;

arose out of the same

b) with CA and RTC: petitions

occurrence or which may have

for certiorari, prohibition and

been committed by the

mandamus against lower

accused on the same occasion;

courts;
c) with Sandiganbayan:
petitions for mandamus,
prohibition, certiorari, habeas
corpus, injunction and ancillary
writs in aid of its appellate
jurisdiction and over petitions
of similar nature, including quo
warranto arising or that may
arise in cases filed or which
may be filed under EO Nos. 1,
2, 14 and 14-A.

b) Automatic review where

Exclusive:Actions for

By Appeal:From the RTC in

death penalty is imposed.


By Petition for Review
onCertiorari:
a) from the Court of Appeals;
b) from the Sandiganbayan;
c) from the RTC where only an
error or question of law is
involved.

annulment of judgments of the cases commenced therein,


RTC

except those appealable to the

Concurrent:

SC or the Sandiganbayan;

a) with the SC: petitions for

By Petition for Review:


From the RTC in cases appealed
thereto from the lower courts
and not appealable to the
Sandiganbayan

certiorari, prohibition and


mandamus against RTC;
b) with SC and RTC: petitions
for certiorari, prohibition and
mandamus against lower
courts.

Sandiganbayan

Exclusive:a) Violations of RA

By Appeal:

3019, as amended, RA 1379,


and bribery and corruption
offenses under the Revised
Penal Code, where one or more
of the accused are officials
occupying positions in the
government, whether in a
permanent, acting or interim

a) from the RTC in cases under


PD 1606, as amended by PD
1861, whether or not the cases
were decided b them in the
exercise of their original or
appellate jurisdictions;

capacity, at the time of the


commission of the offense;
b) Other offenses or felonies
whether simple or complexed
with other crimes committed in
relation to their office by the
public officials and employees
mentioned in Sec. 4[a], PD
1606, as amended by RA 7075;
b) Criminal cases filed pursuant
to and in connection with EO
Nos. 1, 2, 14, and 14-A,
Regional Trial
Courts
Metropolitan,
Municipal and
Municipal Circuit
Trial Courts

All criminal cases which are not All cases decided by lower
within the exclusive jurisdiction courts in their respective
of any court, tribunal or body. territorial jurisdictions.
Original:a) Violations of city or

Summary Procedure

municipal ordinances

a) Traffic violations;

committed within their

b) Violations of the rental law;

respective territorial

c) Violations of city or

jurisdictions;

municipal ordinances; and


d) All other offenses where the
penalty does not exceed 6
months imprisonment and/or
P1,000 fine, irrespective of
other penalties or civil
liabilities arising therefrom, and
in offenses involving damage
to property through criminal
negligence where the
imposable fine does not exceed
P10,000.

b) All offenses punishable with


imprisonment of not more than
6 years irrespective of the
amount of fine, and in all cases
of damage to property through
criminal negligence, regardless
of other penalties and the civil
liabilities arising therefrom;
and
c) All offenses (except
violations of RA 3019, RA 1379
and Arts. 210 to 212, RPC)
committed by public officers

and employees in relation to


their office, including those
employed in GOCCs, and by
private individuals charged as
co-principals, accomplices or
accessories, punishable with
imprisonment of not more than
6 years or where none of the
accused holds a position of
salary Grade 27 and higher.

JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN CRIMINAL CASES


1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years,
regardless of the fine or other accessory penalties and civil liability
3.

Offenses involving damage to property through criminal negligence

4. In cases where the only penalty provided by law is a fine, it has exclusive jurisdiction over offenses
punishable by a fine not exceeding P4000
5.

In election offenses, cases involving failure to register or failure to vote

6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or application for bail in the
province or city where the RTC judge is absent
7.

Cases involving BP 22Bouncing Checks Law

REGIONAL TRIAL COURTS IN CRIMINAL CASES


1. Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any court, tribunal or
body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan
All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the
accused in not one of those falling under the jurisdiction of the Sandiganbayan is within the jurisdiction of the RTC.
2.

Other laws which specifically lodge jurisdiction in the RTC

a.

Laws on written defamation or libel

b.

Decree on Intellectual Property

c.
Dangerous Drugs Cases except where the offenders are below 16 years and there are Juvenile and
Domestic Relations Courts in the province
3.

Appellate jurisdiction over all cases decided by MTCs in their respective territorial jurisdiction

4. In areas where there are no family courts, the cases falling under the jurisdiction of family courts shall be
adjudicated by the RTC