I. MUNICIPAL/ METROPOLITAN TRIAL COURTS Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria- a. SECTIONS 32, 35, BP 129, AS AMENDED Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna, JJ., concur. Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – AMENDMENT TO Except in cases falling within the exclusive original jurisdiction of THE RULE ON SUMMARY PROCEDURE Regional Trial Courts and of the Sandiganbayan, the Metropolitan OF CRIMINAL CASES Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial TO INCLUDE WITHIN ITS COVERAGE Courts shall exercise: VIOLATIONS OF B.P. BLG. 22, (1) Exclusive original jurisdiction over all violations of city OTHERWISE KNOWN AS THE BOUNCING CHECKS LAW or municipal ordinances committed within their respective territorial jurisdiction; and Section 1 of the Revised Rule on Summary Procedure (Resolution (2) Exclusive original jurisdiction over all offenses of the Court en Banc dated October 15, 1991), is amended as punishable with imprisonment not exceeding six (6) years follows: irrespective of the amount of fine, and regardless of other "Section 1. Scope. This rule shall govern the summary procedure in imposable accessory or other penalties, including the civil the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, liability arising from such offenses or predicated thereon, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in irrespective of kind, nature, value, or amount the following cases falling within their jurisdiction: thereof: Provided, however, That in offenses involving A.Civil Cases: damage to property through criminal negligence they shall xxx have exclusive original jurisdiction thereof. (as amended B. Criminal Cases: by R.A, No. 7691) xxx 4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks Section 35. Special jurisdiction in certain cases. – In the absence Law); of all the Regional Trial Judges in a province or city, any 5. All other criminal cases where the penalty Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit prescribed by law for the offense charged is Trial Judge may hear and decide petitions for a writ of habeas imprisonment not exceeding six months, or a fine corpus or applications for bail in criminal cases in the province or not exceeding one thousand pesos (P1,000.00), or city where the absent Regional Trial Judges sit. both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising b. AM. NO. 00-11-01-SC, 25 MARCH 2003 therefrom:Provided, however, that in offenses involving damage to property through criminal RE: AMENDMENT TO THE RULE ON SUMMARY PROCEDURE negligence, this Rule shall govern where the OF CRIMINAL CASES imposable fine does not exceed ten thousand EN BANC pesos (P10,000.00). Gentlemen: This Rule shall not apply to a civil case where the Quoted hereunder, for your information, is a resolution of this Court plaintiff's cause of action is pleaded in the same dated MAR 25 2003. complaint with another cause of action subject to A.M. No. 00-11-01-SC(Re: Amendment to the rule on summary the ordinary procedure; nor to a criminal case procedure of criminal cases to include within its coverage violations where the offense charged is necessarily related to of B.P. Blg. 22, otherwise known as the Bouncing Checks Law.) another criminal case subject to the ordinary Acting on the recommendation of the Chairman of the Committee procedure." on Revision of the Rules of Court submitting for this Court's Very truly yours, consideration and approval the Proposed Amendment To The Rule (Sgd.)LUZVIMINDA D. PUNO On Summary Procedure Of Criminal Cases To Include Within Its Clerk of Court Coverage Violations Of B.P. Blg. 22, Otherwise Known As The Bouncing Checks Law, the Court Resolved to APPROVE the same. c. SECTION 1(B), RULES ON SUMMARY PROCEDURES The amendment shall take effect on April 15, 2003 following its publication in a newspaper of general circulation not later than Section 1. Scope. — This rule shall govern the summary March 30, 2003. procedure in the Metropolitan Trial Courts, the Municipal Trial Page 1 of 5 Courts in Cities, the Municipal Trial Courts, and the Municipal agencies, and/or such other special cases as the Supreme Court Circuit Trial Courts in the following cases falling within their may determine in the interest of a speedy and efficient jurisdiction: administration of justice.
B. Criminal Cases: b. SECTION 90, RA 9165
(1) Violations of traffic laws, rules and regulations; chanrobles ARTICLE XI
virtual law library Jurisdiction Over Dangerous Drugs Cases (2) Violations of the rental law; chanrobles virtual law library Section 90. Jurisdiction. – The Supreme Court shall designate (3) Violations of municipal or city ordinances; chanrobles virtual special courts from among the existing Regional Trial Courts in law library each judicial region to exclusively try and hear cases involving (4) All other criminal cases where the penalty prescribed by law for violations of this Act. The number of courts designated in each the offense charged is imprisonment not exceeding six months, judicial region shall be based on the population and the number of or a fine not exceeding (P1,000.00), or both, irrespective of cases pending in their respective jurisdiction. other imposable penalties, accessory or otherwise, or of the The DOJ shall designate special prosecutors to exclusively handle civil liability arising therefrom: Provided, however, that in cases involving violations of this Act. offenses involving damage to property through criminal The preliminary investigation of cases filed under this Act shall be negligence, this Rule shall govern where the imposable fine terminated within a period of thirty (30) days from the date of their does not exceed ten thousand pesos (P10,000.00). filing. This Rule shall not apply to a civil case where the plaintiffs cause of When the preliminary investigation is conducted by a public action is pleaded in the same complaint with another cause of prosecutor and a probable cause is established, the corresponding action subject to the ordinary procedure; nor to a criminal case information shall be filed in court within twenty-four (24) hours from where the offense charged is necessarily related to another criminal the termination of the investigation. If the preliminary investigation case subject to the ordinary procedure. is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor II. REGIONAL TRIAL COURTS within forty-eight (48) hours from the date of receipt of the records a. SECTIONS 20,22, 23, BP. 129, AS AMENDED of the case. Trial of the case under this Section shall be finished by the court not Section 20. Jurisdiction in criminal cases. – Regional Trial Courts later than sixty (60) days from the date of the filing of the shall exercise exclusive original jurisdiction in all criminal cases not information. Decision on said cases shall be rendered within a within the exclusive jurisdiction of any court, tribunal or body, period of fifteen (15) days from the date of submission of the case except those now falling under the exclusive and concurrent for resolution. jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. c. SECTION 5, RA 8369 Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Section 5. Jurisdiction offamily Courts. - The Family Courts shall Metropolitan Trial Courts, Municipal Trial Courts, and Municipal have exclusive original jurisdiction to hear and decide the following Circuit Trial Courts in their respective territorial jurisdictions. Such cases: cases shall be decided on the basis of the entire record of the a) Criminal cases where one or more of the accused is proceedings had in the court of origin and such memoranda and/or below eighteen (18) years of age but not less than nine (9) briefs as may be submitted by the parties or required by the years of age but not less than nine (9) years of age or Regional Trial Courts. The decision of the Regional Trial Courts in where one or more of the victims is a minor at the time of such cases shall be appealable by petition for review to the the commission of the offense: Provided, That if the minor Court of Appeals which may give it due course only when the is found guilty, the court shall promulgate sentence and petition shows prima facie that the lower court has committed an ascertain any civil liability which the accused may have error of fact or law that will warrant a reversal or modification of the incurred. decision or judgment sought to be reviewed. The sentence, however, shall be suspended without need Section 23. Special jurisdiction to try special cases. – The of application pursuant to Ptesidential Decree No. 603, Supreme Court may designate certain branches of the Regional otherwise known as the "Child and Youth Welfare Code"; Trial Courts to handle exclusively criminal cases, juvenile and b) Petitions for guardianship, custody of children, habeas domestic relations cases, agrarian cases, urban land reform cases corpus in relation to the latter; which do not fall under the jurisdiction of quasi-judicial bodies and Page 2 of 5 c) Petitions for adoption of children and the revocation (Annex 1), 4 July 2001 (Annex 1-a), 12 November 2002 (Annex 1- thereof; b), and 9 July 2002 (Annex 1-c), all issued in A.M. No. 00-11-03- d) Complaints for annulment of marriage, declaration of SC; (b) Resolution dated 27 August 2001 in A.M. No. 01-5-298 RTC nullity of marriage and those relating to marital status and (Annex 2); and (c) Resolution dated 8 July 2002 in A.M. No. 01-12- property relations of husband and wife or those living 656-RTC (Annex 3), resolved to designate certain branches of the together under different status and agreements, and Regional Trial Courts to try and decide cases formerly cognizable petitions for dissolution of conjugal partnership of gains; by the Securities and Exchange Commission; e) Petitions for support and/or acknowledgment; WHEREAS, pursuant to the same Resolution, sixty-five (65) f) Summary judicial proceedings brought under the Regional Trial Courts, distributed in all regions (NCJR and Regions provisions of Executive Order No. 209, otherwise known 1-12), were designated as SEC courts ("SEC Courts"), which courts as the "Family Code of the Philippines"; have presently a total of 812 pending SEC cases (see Annex 6, g) Petitions for declaration of status of children as Table); chan robles virtual law library abandoned, dependent o neglected children, petitions for WHEREAS, in A.O No. 113-95, dated 2 October 1995, as amended voluntary or involuntary commitment of children; the by A.O. No. 104-96, dated 21 October 1996, the Regional Trial suspension, termination, or restoration of parental Courts in the National Capital Region and Regions 3, 4, 6, 7, 9, 10 authority and other cases cognizable under Presidential and 11, with twenty-seven (27) judges, were specially designated to Decree No. 603, Executive Order No. 56, (Series of 1986), try and decide cases for violations of Intellectual Property Rights and other related laws; (Annex 4), and to ensure the speedy disposition of cases involving h) Petitions for the constitution of the family home; violations of intellectual property rights under the Intellectual i) Cases against minors cognizable under the Dangerous Property Code (Rep. Act No. 8293), the Supreme Court en bane, in Drugs Act, as amended; A.M. No. 02-1-11- SC, dated February 19, 2002, designated the j) Violations of Republic Act No. 7610, otherwise known as Regional Trial Courts in Regions 1, 2, 5, 8 and 12, with a total of the "Special Protection of Children Against Child Abuse, seven (7) judges, and Branch 24 of the Regional Trial Court of Exploitation and Discrimination Act," as amended by Manila with one (1) judge, as Special Intellectual Property Courts Republic Act No. 7658; and ("Special IP Courts") (Annex 5) k) Cases of domestic violence against: WHEREAS, pursuant to A.M. No. 02-1-11 SC and A.O. No. 113-95, 1) Women - which are acts of gender based these Special IP Courts have a total caseload of 503 cases. Of this violence that results, or are likely to result in number 434 IP cases are pending in the NCJR (Annex 6, physical, sexual or psychological harm or Table); chan robles virtual law library suffering to women; and other forms of physical WHEREAS, since the establishment of Special IP Courts (except abuse such as battering or threats and coercion for the Special IP Courts in Manila), 15 designated courts, in which violate a woman's personhood, integrity Regions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 12 have zero (0) IP cases, and and freedom movement; and do not warrant their continued designations as Intellectual Property 2) Children - which include the commission of all Courts (Annex 7, Table); chan robles virtual law library forms of abuse, neglect, cruelty, exploitation, WHEREAS, intellectual property cases are commercial in nature; violence, and discrimination and all other WHEREAS, to streamline the court structure and to promote conditions prejudicial to their development. expediency and efficiency in handling such special cases, the If an act constitutes a criminal offense, the accused or batterer shall jurisdiction to hear and decide IPC and SEC cases are best be subject to criminal proceedings and the corresponding penalties. consolidated in one court; If any question involving any of the above matters should arise as NOW, THEREFORE, the Court Resolves: an incident in any case pending in the regular courts, said incident shall be determined in that court. 1. The Regional Courts previously designated as SEC Courts through the: (a) Resolutions of this Court dated 21 November 2000, d. AM NO. 03-03-03-SC, JULY 1, 2003 4 July 2001, 12 November 2002, and 9 July 2002, all issued in A.M. No. 00-11-03-SC, (b) Resolution dated 27 August 2001 in RE: CONSOLIDATION OF INTELLECTUAL PROPERTY A.M. No. 01-5-298-RTC; and (c) Resolution dated 8 July 2002 in COURTS WITH COMMERCIAL COURTS A.M. No. 01-12-656-RTC are hereby DESIGNATED and shall be RESOLUTION CALLED as Special Commercial Courts to try and decide cases WHEREAS, to implement the provisions of Section 5.2 of Republic involving violations of Intellectual Property Rights which fall within Act No. 8799 (The Securities Regulation Code), and in the interest their jurisdiction and those cases formerly cognizable by the of a speedy and efficient administration of justice, the Supreme Securities and Exchange Commission; chan robles virtual law Court en bane, in the (a) Resolution dated 21 November 2000 library Page 3 of 5 2. The designation of Intellectual Property Courts under FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS Administrative Order No. 113-95 dated 2 October 1995, as AMENDED, AND APPROPRIATING FUNDS THEREFOR amended by Administrative Order No. 104-96 dated 21 October Section 2. Section 4 of the same decree, as amended, is hereby 1996 and Resolution dated 19 February 2002 in A.M. No. 02-1-11- further amended to read as follows: SC, is hereby revoked. However, the Regional Trial Court, Branch "SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise 24, Manila is hereby designated as an additional Special exclusive original jurisdiction in all cases involving: Commercial Court in the City of Manila; "a. Violations of Republic Act No. 3019, as amended, 3. Upon the effectivity of this Resolution, all IP cases shall be otherwise known as the Anti-Graft and Corrupt Practices transferred to the designated Special Commercial Courts except Act, Republic Act No. 1379, and Chapter II, Section 2, Title those which have undergone the pretrial stage in civil cases or VII, Book II of the Revised Penal Code, where one or those where any of the accused has been arraigned in criminal more of the accused are officials occupying the following cases which shall be retained by the court previously assigned to positions in the government, whether in a permanent, try them; acting or interim capacity, at the time of the commission of 4. The Special Commercial Courts shall have jurisdiction over the offense: cases arising within their respective territorial jurisdiction with "(1) Officials of the executive branch occupying respect to the National Capital Judicial Region and within the the positions of regional director and higher, respective provinces with respect to the First to Twelfth Judicial otherwise classified as Grade ’27’ and higher, of Regions. Thus, cases shall be filed in the Office of the Clerk of the Compensation and Position Classification Act Court in the official station of the designated Special Commercial of 1989 (Republic Act No. 6758), specifically Court; chan robles virtual law library including: 5. In the event of inhibition of the judge of a designated Special "(a) Provincial governors, vice- Commercial Court, the following guidelines shall be observed: (a) governors, members of the sangguniang where there is only one (1) Special Commercial Court, the case panlalawigan, and provincial treasurers, shall be raffled among the other judges in the station; (b) where assessors, engineers, and other there are two (2) Special Commercial Courts in the station, the provincial department heads: Executive Judge shall immediately assign the case to the other "(b) City mayors, vice-mayors, members Special Commercial Court; and (c) in case of inhibition of both of the sangguniang panlungsod, city judges of the Special Commercial Courts, the Executive Judge treasurers, assessors, engineers, and shall raffle the case among the judges in the station; and other city department heads; 6. In order to ensure a just and equitable distribution of cases, the "(c) Officials of the diplomatic service designated Special Commercial Courts shall continue to participate occupying the position of consul and in the raffles of other cases. Provided, however, that the Executive higher; Judge concerned shall adopt a procedure whereby every IP and "(d) Philippine army and air force SEC case assigned to a Special Commercial Court should be colonels, naval captains, and all officers considered a case raffled to it and duly credited to such court. chan of higher rank; robles virtual law library "(e) Officers of the Philippine National This Resolution shall take effect on 1 July 2003 and shall be Police while occupying the position of published in two (2) newspapers of general circulation. provincial director and those holding the 17 June 2003 chan robles virtual law library rank of senior superintendent and Davide, Jr. C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, higher; Ynares-Santiago, Sandoval-Gutirrez, Carpio, Corona, Callejo Sr., "(f) City and provincial prosecutors and Carpio-Morales, Azcuna and Tinga, JJ. their assistants, and officials and Austria-Martinez, J. on leave prosecutors in the Office of the Ombudsman and special prosecutor; "(g) Presidents, directors or trustees, or III. SANDIGANBAYAN managers of government-owned or a. SECTION 4, SANDIGANBAYAN LAW, AS AMENDED BY RA controlled corporations, state 10660 universities or educational institutions or foundations. REPUBLIC ACT NO. 10660 "(2) Members of Congress and officials thereof AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND classified as Grade ’27’ and higher under the STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, Page 4 of 5 Compensation and Position Classification Act of review to the Court of Appeals, shall apply to appeals and petitions 1989; for review filed with the Sandiganbayan. In all cases elevated to the "(3) Members of the judiciary without prejudice to Sandiganbayan and from the Sandiganbayan to the Supreme the provisions of the Constitution; Court, the Office of the Ombudsman, through its special prosecutor, "(4) Chairmen and members of the Constitutional shall represent the People of the Philippines, except in cases filed Commissions, without prejudice to the provisions pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in of the Constitution; and 1986. "(5) All other national and local officials classified "In case private individuals are charged as co-principals, as Grade ’27’ and higher under the accomplices or accessories with the public officers or employees, Compensation and Position Classification Act of including those employed in government-owned or controlled 1989. corporations, they shall be tried jointly with said public officers and "b. Other offenses or felonies whether simple or employees in the proper courts which shall exercise exclusive complexed with other crimes committed by the public jurisdiction over them. officials and employees mentioned in subsection a. of this "Any provisions of law or Rules of Court to the contrary section in relation to their office. notwithstanding, the criminal action and the corresponding civil "c. Civil and criminal cases filed pursuant to and in action for the recovery of civil liability shall at all times be connection with Executive Order Nos. 1, 2, 14 and 14-A, simultaneously instituted with, and jointly determined in, the same issued in 1986. proceeding by the Sandiganbayan or the appropriate courts, the "Provided, That the Regional Trial Court shall have exclusive filing of the criminal action being deemed to necessarily carry with it original jurisdiction where the information: (a) does not allege any the filing of the civil action, and no right to reserve the filing of such damage to the government or any bribery; or (b) alleges damage to civil action separately from the criminal action shall be the government or bribery arising from the same or closely related recognized: Provided, however, That where the civil action had transactions or acts in an amount not exceeding One million pesos heretofore been filed separately but judgment therein has not yet (P1,000,000.00). been rendered, and the criminal case is hereafter filed with the "Subject to the rules promulgated by the Supreme Court, the cases Sandiganbayan or the appropriate court, said civil action shall be falling under the jurisdiction of the Regional Trial Court under this transferred to the Sandiganbayan or the appropriate court, as the section shall be tried in a judicial region other than where the official case may be, for consolidation and joint determination with the holds office. criminal action, otherwise the separate civil action shall be deemed "In cases where none of the accused are occupying positions abandoned." corresponding to Salary Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned IV. COURT OF TAX APPEALS above, exclusive original jurisdiction thereof shall be vested in the V. COURT OF APPEALS proper regional trial court, metropolitan trial court, municipal trial VI. SUPREME COURT court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended. "The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided. "The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes 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 Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. "The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for Page 5 of 5