Jurisdiction in Criminal Cases

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JURISDICTION OF THE MTC, RTC AND SANDIGANBAYAN

IN CRIMINAL CASES AND THE POWERS
OF THE OMBUDSMAN
A) Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts

and Municipal Circuit Trial Courts in criminal cases.
The MTC shall exercise exclusive original jurisdiction over criminal

actions involving:
1) Violations of city or municipal ordinances committed
within their respective territorial jurisdiction; (Paragraph 1 of Sec.
32, B. P. Blng. 129 as amended by R.A, No. 7691)
2) Offenses punishable with imprisonment of not more than

six (6) years regardless of fine, accessory penalties or civil
liability; (Paragraph 2 of Sec. 32, B. P. Blng. 129 as amended by
R.A, No. 7691)
EXCEPTIONS to paragraph 2 of Section 32 of BP 129:
a) Libel by means of writings or other similar means

which is punishable by imprisonment of not more than six (6)
years but, by express provision of Article 355 of the RPC, is
placed within the exclusive original jurisdiction of the RTC;
b) Some forms of direct bribery under Article 210 of the

RPC which are punishable by imprisonment of not more than six
(6) years) but, by express provision of Sec. 4(a) of P. D. No. 1606
as amended, are placed within the exclusive jurisdiction of the
Sandiganbayan;
c) Indirect bribery which is punishable by imprisonment

of less than six (6) years under Article 211 of the RPC but, by
express provision of Sec. 4(a) of P. D. No. 1606 as amended, is
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placed within the exclusive original jurisdiction of the

Sandiganbayan.
3) Offenses where the penalty prescribed is only a fine of not

more than P4,000.00. (SC Administrative Circular 09-94, June 14,
1994)
4) Offenses involving damage to property through criminal
negligence regardless of amount of fine which is the only
imposable penalty under the third paragraph of Article 365 of the
RPC. (Paragraph 2 of Sec. 32, B. P. Blng. 129 as amended by R.A,
No. 7691)
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B) Jurisdiction of the Regional Trial Court in criminal cases:

I) The RTC shall exercise exclusive original jurisdiction over:
1) Criminal cases not within the exclusive jurisdiction of any court,
tribunal or body;
2) Criminal cases designated by the SC under B. P. 129, Sec. 23;
3) Criminal cases placed within the exclusive original jurisdiction of
the RTC regardless of the imposable penalty by express provision of
specific laws such as:
a) Libel by means of writings or other similar means which is
punishable imprisonment of not more than six (6) years under Article 355
of the RPC;
b) Violations of the Comprehensive Dangerous Drugs Act of 2002

under Sec. 90 thereof;
c) Violations of intellectual property rights under A. M. No. 03-03-

03-SC;
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d) Violations of Anti-Money Laundering Act except those

committed by public officers or private persons in conspiracy with public
officers.
e) Violations of R. A. No. 6657 also known as the Comprehensive

Agrarian Reform Law of 1988
II) The RTC shall exercise appellate jurisdiction over all criminal
cases decided by the MTC within its territorial jurisdiction (B. P. 129, Sec.
22);
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C) Jurisdiction of the Sandiganbayan under P. D. No. 1606 as

amended by R.A. No. 7975 and R.A. No. 8249.
(I) The Sandiganbayan shall exercise exclusive original

jurisdiction over criminal actions where the requisites stated in (A) and
(B) concur:
A) One or more of the persons charged are any of the following:
1) Officials of the executive branch occupying the positions

classified as Grade 27 and higher whether in a permanent, acting or
interim capacity, at the time of the commission of the offense,
specifically including:
(a) Provincial governors, vice-governors, members of the

sangguniang panlalawigan, and provincial treasurers, assessors, engineers,
and other provincial department heads;
(b) City mayors, vice-mayors, members of the sangguniang

panlungsod, city treasurer, assessors, engineers, and other city department
heads;
(c) Officials of the diplomatic service occupying the position of

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consul and higher;
(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
(e) Officers of the Philippine National Police while occupying the

position of provincial director and those holding the rank of senior
superintendent or higher;
(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special prosecutor;
(g) Presidents, directors or trustees, or managers of government-

owned or controlled corporations, state universities or educational
institutions or foundations;
(NOTE: Some of the public officers listed under subparagraphs a

to g occupy positions below Salary Grade 27 but by express provision
of law are placed under the jurisdiction of the Sandiganbayan.)
2) Members of Congress and officials thereof with Salary Grade

27;
3) Members of the judiciary without prejudice to the provisions of

the Constitution;
4) Chairmen and members of Constitutional Commissions,

without prejudice to the provisions of the Constitution; and
5) All other national and local officials with Salary Grade 27

and higher.
6) Private individuals provided one or more of the accused are

public officers with Salary Grade 27 or are listed under Section 4 of P.
D. No.1606 as amended.
B) The offense charged is any of the following:

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1) Violations of Republic Act No. 3019, as amended, otherwise

known as the Anti-Graft and Corruption Practices Act, and Republic Act
No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code;
2) Any offense (even those not included in the preceding paragraph)

committed by public officials and employees with Salary Grade 27 or
higher or those with Salary Grade below 27 but mentioned in Section 4
of PD No. 1606 as amended provided the offense was committed by them
in relation to or intimately connected with their office or in the
performance of their official function; and
3) Cases filed pursuant to or in connection with Executive Order

Nos. 1, 2, 14 and 14-A, issued in 1986.
* In cases where the offense charged is one of those

mentioned in Section 4 of PD 1606 as amended but none of the
accused occupies a position classified as Salary Grade 27 or higher
or none of the accused is among those listed in Section 4 of P. D. No.
1606 as amended, exclusive original jurisdiction thereof shall be
vested in the RTC or MTC pursuant to its respective jurisdiction
(depending on the imposable penalty whether imprisonment or only
fine) as provided in B. P. Blg. 129, as amended.
(II) The Sandiganbayan shall exercise exclusive appellate jurisdic-

tion over judgments rendered by the RTC in cases mentioned in the
immediately preceding paragraph whether in the exercise of its original
jurisdiction or appellate jurisdiction.
* The Sandiganbayan shall exercise 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.
***
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D) Powers of the Ombudsman under Sec. 15(1) R.A. No.

6770 and Sec. 13(1), Article XI, 1987 Constitution):
1) ADMINISTRATIVE - 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.
2) CRIMINAL Under its primary jurisdiction, to conduct

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

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1

JURISDICTION OF THE MTC, RTC AND SANDIGANBAYAN

A) Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts

The MTC shall exercise exclusive original jurisdiction over criminal

2) Offenses punishable with imprisonment of not more than

EXCEPTIONS to paragraph 2 of Section 32 of BP 129:

a) Libel by means of writings or other similar means

b) Some forms of direct bribery under Article 210 of the

c) Indirect bribery which is punishable by imprisonment

placed within the exclusive original jurisdiction of the

3) Offenses where the penalty prescribed is only a fine of not

B) Jurisdiction of the Regional Trial Court in criminal cases:

b) Violations of the Comprehensive Dangerous Drugs Act of 2002

c) Violations of intellectual property rights under A. M. No. 03-03-

d) Violations of Anti-Money Laundering Act except those

e) Violations of R. A. No. 6657 also known as the Comprehensive

C) Jurisdiction of the Sandiganbayan under P. D. No. 1606 as

(I) The Sandiganbayan shall exercise exclusive original

A) One or more of the persons charged are any of the following:

1) Officials of the executive branch occupying the positions

(a) Provincial governors, vice-governors, members of the

(b) City mayors, vice-mayors, members of the sangguniang

(c) Officials of the diplomatic service occupying the position of

consul and higher;

(e) Officers of the Philippine National Police while occupying the

(g) Presidents, directors or trustees, or managers of government-

(NOTE: Some of the public officers listed under subparagraphs a

2) Members of Congress and officials thereof with Salary Grade

3) Members of the judiciary without prejudice to the provisions of

4) Chairmen and members of Constitutional Commissions,

5) All other national and local officials with Salary Grade 27

6) Private individuals provided one or more of the accused are

B) The offense charged is any of the following:

1) Violations of Republic Act No. 3019, as amended, otherwise

2) Any offense (even those not included in the preceding paragraph)

3) Cases filed pursuant to or in connection with Executive Order

* In cases where the offense charged is one of those

(II) The Sandiganbayan shall exercise exclusive appellate jurisdic-

* The Sandiganbayan shall exercise exclusive original

D) Powers of the Ombudsman under Sec. 15(1) R.A. No.

1) ADMINISTRATIVE - Investigate and prosecute on its own

2) CRIMINAL Under its primary jurisdiction, to conduct

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