CLJ311 Criminal Procedure Lecture Notes No. 2 PDF

CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H LECTURE NOTES No. 2 COVERED TOPICS: IV. JURISDICTION CONCEPT OF JURISDICTION What is Jurisdiction? Jurisdiction refers to the power a...

CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H LECTURE NOTES No. 2 COVERED TOPICS: IV. JURISDICTION CONCEPT OF JURISDICTION What is Jurisdiction? Jurisdiction refers to the power and authority of the court to hear, try, and decide a case. Is Jurisdiction an authority of the Judge? It is not the authority of the judge, but of the court. JURISPRUDENCE: ABC DAVAO vs. AUTO SUPPLY, G.R. NO. 113296, 1998 How to determine Criminal Jurisdiction of the court? 1. Determined by the Nature of the offense and/or Penalty attached thereto and not what may be meted out after trial but by the extent of the penalty which the law imposes for the offense. It is the imposable penalty over the lower penalty that might be adjudged. 2. Determined by the Allegations in the complaint or information, not by the result of proof or by the trial court’s appreciation of the evidence presented. It is also not determined by the caption or charges in the complaint. 3. Determined by the Law in force at the time of the institution of the criminal action (when the action is filed) and not at the time of the commission of the offense. Theoretical Example: X was charged of an offense punishable of 3-year-imprisonment. The case was filed in MTC. However, during the trial, pieces of evidence were presented proving another offense charged, with 5-year-imprisonment and under the jurisdiction of RTC. What is the effect of it in MTC’s jurisdiction? No effect. MTC’s jurisdiction remains since criminal jurisdiction is determined by the law in force at the time of the institution of the criminal action and nature of the offense and/or penalty attached thereto at the time of filing. Here, the offense and penalty attached at the time of the filing of case in the MTC determined the jurisdiction of MTC. As stated in the caption of its information, X was charged of murder in RTC. However, during trial, prosecutor failed to establish the aggravating circumstance as an essential element of murder, thus lowering the crime to homicide. Did it have an effect on the court’s jurisdiction? No effect. Jurisdiction is not affected by the caption or charges in the complaint. During the commission of the crime, the said crime is punishable by Reclusion Temporal to be filed in RTC. However, upon filing, a law was passed lowering it to Destierro to be filed in MTC. Where to file the case? The case should be filed in MTC since Jurisdiction is determined by the law in force at the time of the institution of the criminal action. LECTURE NOTES No. 2 1  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H JURISPRUDENCE: PEOPLE OF THE PHILIPPINES, -versus- HERMOGENES MARIANO and HON. AMBROSIO M. GERALDEZ, G.R. No. L-40527, June 30, 1976 (Topic: Criminal Jurisdiction) When does a court finally acquire jurisdiction over a case? The courts acquire jurisdiction over a case only upon payment of the prescribed docket fee. (Pacific Redhouse Corp v. EIB Securities, G.R. No. 184036, 2010) What is Docket fee? Docket fee refers to: a charge fixed by law or by an institution for certain privilege or services. This refers to the totality of legal fees imposed by the rules. Distinguish: JURISDICTION v. EXERCISE OF JURISDICTION JURISDICTION EXERCISE OF JURISDICTION The authority to hear and decide a The exercise of such power or authority. case. It constitutes the actual power and It constitutes the acts of the court in authority itself. accordance with such jurisdiction, renders a decision on the case, and executes its decision. Distinguish: ORIGINAL v. APPELLATE ORIGINAL APPELLATE Actions or proceedings are originally Has the power of review over the decisions filed with it. Distinguish: GENERAL v. SPECIAL COURTS OF GENERAL COURT OF SPECIAL JURISDICTION JURISDICTION Those with competence to decide on Those which have jurisdiction only for a their own jurisdiction and take particular purpose, or are clothed with cognizance of all cases, whether civil and special powers for the performance of criminal, of a particular nature. specified duties beyond which they have no authority of any kind. It has the competence to exercise These are tribunals exercising limited jurisdiction over cases not falling within jurisdiction over particular or specialized the jurisdiction of any court, tribunal, categories of actions: person, or body exercising judicial or e.g., Family Courts, Commercial Courts, quasi-judicial functions, Court of Tax Appeals, Sandiganbayan. i.e., the RTC. LECTURE NOTES No. 2 2  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H Distinguish: EXCLUSIVE v. CONCURRENT EXCLUSIVE CONCURRENT Jurisdiction which precludes the idea of Jurisdiction which is held by different co-existence and refers to jurisdiction to courts to take cognizance of the same the exclusion of others. subject matter. As a result, the court first acquiring jurisdiction EXCLUDES the Example: FAMILY COURT has an other courts. exclusive jurisdiction for marriage Example: RTC has a concurrent annulment-related cases. jurisdiction with Supreme Court and Court of Appeals in petitions for habeas corpus and quo warranto cases. Define: DOCTRINES OF HIERARCHY OF COURTS Under the principle of hierarchy of courts, direct recourse to the Supreme Court is improper because this Court is a court of last resort and must remain to be so in order for it to satisfactorily perform its constitutional functions, thereby allowing it to devote its time and attention to matters within its exclusive jurisdiction and preventing the overcrowding of its docket. (Dy v. Bibat- Palamos, G.R. No. 196200, 2013) Exceptions to the Doctrine: A direct invocation of the Supreme Court’s original jurisdiction to issue a writ of certiorari should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. (First United v. Poro Point, GR No. 178799, 2009) These cases are: a. When special and important reasons are clearly stated in the petition; b. When dictated by public welfare and the advancement of public policy; c. When demanded by the broader interest of justice; d. When the challenged orders were patent nullities; e. When analogous exceptional and compelling circumstances called for and justified our immediate and direct handling of the case (for a-e, Republic v. Caguioa, G.R. No. 174385, 2013); f. When there are genuine issues of constitutionality that must be addressed at the most immediate time (The Diocese of Bacolod v. Commission on Elections, G.R. 205728, 2015); g. When the issues raised are of transcendental importance. (Rama v Moises, G.R. 197146, 2017) Define: CONTINUITY OF JURISDICTION (ADHERENCE OF JURISDICTION) Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although the event is of such character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case (Baritua v. Mercader, G.R. No. 136048, 2001). As a general rule, once vested, jurisdiction cannot be withdrawn by: 1. Subsequent amendment or stipulation (People v. Chupeco, G.R. No. 19568, 1964) or; 2. Subsequent statutory amendment of the rules of jurisdiction. Exception: The succeeding statute: 1. Expressly provides otherwise; or LECTURE NOTES No. 2 3  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H 2. Is construed that it is intended to operate to actions pending before its amendment (Binay v. Sandiganbayan, G.R. No. 120011, 1999) However, jurisdiction is retained regardless of: a. Whether the evidence proves a less offense that that charged in the information b. The subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance. What happens if there is a law enacted during the pendency of a case which transfer the jurisdiction? General Rule: A law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases prior to its enactment. Exceptions: 1. When the new law expressly provides for retroactive application; 2. When the change of jurisdiction is curative in character (Vda. de Ballesteros v. Rural Bank of Canaman, G.R. No. 176250, 2010). Distinguish: JURISDICTION v. VENUE VENUE JURISDICTION The place where the case is to be heard The authority to hear and determine a or tried (e.g., Regional Trial Court of case Makati City or Quezon City) A matter of procedural law A matter of substantive law Establishes a relation between plaintiff Establishes a relation between the court and defendant, or petitioner and and the subject matter respondent May be conferred by the act or Fixed by law and cannot be conferred agreement of the parties. by agreement of the parties The venue, being improperly laid, is not Lack of jurisdiction over the subject a ground for a motion to dismiss, but matter is both a ground for a motion to can be raised as an affirmative defense. dismiss and an affirmative defense. (Sec. (Sec. 12, Rule 8). 5 (b), Rule 6; Sec. 12, Rule 15). May be waived only in civil cases. In Cannot be waived. criminal cases, venue is jurisdictional. LECTURE NOTES No. 2 4  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H ASPECTS OF JURISDICTION REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION 1. JURISDICTION OVER THE SUBJECT MATTER : Jurisdiction over the subject matter refers to the authority of the court to hear and determine a particular criminal case. In simple terms, jurisdiction over the OFFENSE charged. 2. JURISDICTION OVER THE TERRITORY: It is fundamental that for jurisdiction to be acquired by courts in criminal cases, the offense should have been committed or any of its essential ingredients should have been taken place within the territorial jurisdiction of the court. 3. JURISDICTION OVER THE PERSON OF THE ACCUSED: This refers to the authority of the court, not over the subject matter of the criminal litgation, but over the person charged. This requires that person charged with the offense must have been brought into its forum for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. JURISPRUDENCE: EILEEN P. DAVID, Petitioner –versus- GLENDA S. MARQUEZ, Respondent G.R. No. 209859, THIRD DIVISION, June 5, 2017 JURISDICTION OVER THE SUBJECT MATTER v. JURISDICTION OVER THE PERSON OF THE ACCUSED: JURISDICTION OVER THE JURISDICTION OVER THE PERSON SUBJECT MATTER OF THE ACCUSED Derived from the law Acquired either by his arrest or his voluntary appearance in court. It can never be acquired solely by May be acquired by consent of the accused consent of the accused. The parties or by waiver of objections or failure to cannot waive it. invoke the objection Objection that the court has no If he fails to make his objection in time, he jurisdiction over the subject matter may will be deemed to have waived it. be made at any stage of the proceeding and the right to make such objection is never waived, even on appeal. LECTURE NOTES No. 2 5  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H JURISDICTION OVER THE SUBJECT MATTER How jurisdiction over the subject matter is conferred? It is the law that confers jurisdiction and not the rules. Rules of Procedure yields to substantive law. Hence, any judgment, order or resolution issued without it is void and cannot be given any effect. Subject matter jurisdiction is not conferred by the consent or acquiescence of any or all parties. It cannot be acquired through a waiver or enlarged by the omission of the parties or conferred by the acquiescence of the court. It cannot, likewise, be conferred by an erroneous belief of the court that it had the jurisdiction. Can Jurisdiction over the subject matter be presumed? It cannot be presumed. Absent a statutory grant, the assumption of jurisdiction cannot be justified by convenience, or assumed justice or propriety. How is jurisdiction over the subject matter is determined? While jurisdiction of courts is conferred by the law, jurisdiction over a criminal case is determine by the allegations in the complaint or information. In relation to the immediately preceding rule, it must be stated that jurisdiction is not determined by the penalty actually imposed after trial but by the penalty imposable by law on the offense. It cannot be determined by the evidence presented by the parties at trial or defenses set up by the parties. What is the statute applicable to a criminal action in relation to jurisdiction over the subject matter? In criminal cases, the jurisdiction of the court is determined by the averment of the complaint or information, in relation to the law prevailing at the time of the filing of the complaint or information, and the penalty provided by the law for the crime charged at the time of its commission. What are the objections on jurisdictional grounds? Questions or objections on the jurisdiction over the subject matter may be raised at ANY STAGE of the proceedings or on appeal. LECTURE NOTES No. 2 6  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H JURISDICTION OVER PERSON OF THE ACCUSED How is Jurisdiction over the Person of the Accused acquired? 1. Arrest or Apprehension, with or without warrant 2. Voluntary appearance or submission to the jurisdiction of the court. What is the effect of voluntary submission or seeking affirmative relief to the jurisdiction of the Court? One who seeks an affirmative relief (e.g. filing several motions and seeking for dismissal) is deemed to have submitted to the jurisdiction of the court. What are the objections on the jurisdiction of the court over the person of the accused? General Rule: Seeking affirmative relief is deemed to be submission to the jurisdiction of the court. It may be accomplished by filing a pleading to the merits (such as through a motion to quash), appearing for arraignment, entering trial, or by filing bail. (Santiago v. Vasquez, G.R. No. 99289-90, 1993) Exceptions: 1. Motion to quash a complaint on the ground of lack of jurisdiction over the person of the accused 2. Motion to quash a warrant of arrest (Miranda v. Tuliao, G.R. No. 158763, 2006). Special Rule on Application for Admission to Bail In narrow cases involving special appearances, an accused can invoke the processes of the court even though there is neither jurisdiction over the person nor custody of the law. However, if a person invoking the special jurisdiction of the court applies for bail, he must first submit himself to the custody of the law. CUSTODY OF LAW JURISDICTION OVER THE PERSON OF THE ACCUSED Required before the court can act upon Required for the adjudication of other the application for bail reliefs Accomplished by either arrest or Acquired upon his arrest or voluntary voluntary surrender appearance One can be under the custody of the law One can be subject to the jurisdiction of the but not yet subject to the jurisdiction of court over his person, and yet not be in the the court over his person, such as when custody of the law, such as when an a person arrested by virtue of a warrant accused escapes custody after his trial has files a motion before arraignment to quash commenced. the warrant LECTURE NOTES No. 2 7  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H JURISDICTION OVER THE TERRITORY The offense must have been committed or any of its essential ingredients took place within the territorial jurisdiction of the court. In criminal cases, venue is an essential element of jurisdiction, thus, cannot be waived (Navaja v. De Castro, G.R. No. 182926, 2015). If the evidence adduced during the trial shows that the offense was committed somewhere else, the court should dismiss the action for want of jurisdiction. (Treñas v People, G.R. No. 195002, 2012). What are the exceptions to the Jurisdiction over the Territory (NOT EXCLUSIVE LIST)? 1. Where the offense was committed under the exceptional circumstances provided for in Article 2 of the Revised Penal Code, the offense is cognizable before Philippine courts even if committed outside of the territory of the Philippines. Article 2 of the RPC includes offenders who: a. Should commit an offense while on a Philippine ship or airship; b. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; c. Should be liable for acts connected with the introduction into these Islands of the obligations and securities mentioned above. d. While being public officers and employees, should commit an offense in the exercise of their functions; or e. Should commit any of the crimes against national security and the law of nations. 2. Where an offense is committed on a railroad train, in an aircraft, or in any other public or private vehicle while in the course of its trip, the criminal action may be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such trip, including the place of departure and arrival [Rule 110, Sec. 15 (b)] 3. Where an offense is committed on board a vessel in the course of its voyage, the criminal action may be instituted and tried in the proper court of the first port of entry or of any municipality or territory through which the vessel passed during such voyage subject to the generally accepted principles of international law [Rule 110, Sec. 15 (c)]. 4. In those cases where the Supreme Court, in the interest of truth and impartial justice and pursuant to its constitutional powers, transfers the place of trial from one place to another. 5. Where the case is cognizable by the Sandiganbayan, the jurisdiction depends upon the nature of the offense and the position of the accused. The offense need not be tried in the place where the act was committed but where the court actually sits. 6. In cases of written defamation. The case may be filed in the province or city where the offended party held office at the time of the commission of the offense if he is a public officer, or in the province or city where he actually resided at the time of the commission of the offense in case the offended party is a private individual. (RA. 4363) 7. In cases of illegal recruitment, the criminal action can be filed in the Regional Trial Court of the province or city where the crime was committed or where the offended party actually resides at the time the offense was committed (R.A. 10022, Rule IV, § 6). LECTURE NOTES No. 2 8  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H 8. Trafficking in persons, criminal action shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of the commission of the offense (R.A. 9208, § 9). The State shall exercise jurisdiction over any act, even if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, it being a continuing offense, having been commenced in the Philippines and other elements having been committed in another country if the suspect or accused: a. Is a Filipino citizen, b. Is a permanent resident of the Philippines, or c. Has committed the act against a citizen of the Philippines. NOTE: No prosecution may be commenced if a foreign government has prosecuted or is prosecuting such person except upon the approval of the Secretary of Justice. Theoretical examples: X was charged of Murder. He flew to another country to hide. The court proceeded with trial without any participation of X since the victim’s parents insisted. Did the court acquire jurisdiction over X? No. the court did not acquire jurisdiction over the person of the accused. The law requires that the accused be arrested pursuant to warrant of arrest or there must be a voluntary submission on his part before the court acquires jurisdiction over X. Crime is punishable by reclusion temporal and must be filed in RTC. Despite unavailability of RTC, Prosecutor opted to file the case in MTC. Did the court acquire jurisdiction over the case? No. The court did not acquire jurisdiction over the subject matter. Assuming in the preceding problem, the prosecutor and the family of the accused agreed to file it in MTC the case, instead in RTC, did the court acquire jurisdiction? No. The court did not acquire jurisdiction over the subject matter since this cannot be waived or subject of agreement. On the course of its trip from Cebu City to Santander, a crime was committed by X while on-board a bus. Where to file the case? The criminal action may be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such trip, including the place of departure and arrival. This means that the case can be filed anywhere in Cebu City to Santander. LECTURE NOTES No. 2 9  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H JURISDICTION OF COURTS SALIENT TERMS: HABEAS CORPUS - It is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at the designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatever the court of judge awarding the writ shall consider in that behalf. AMPARO - The writ of amparo is available to one whose right to life, liberty, and security are violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof. HABEAS DATA - It is a remedy available whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information regarding the person, family, home, and correspondence of the aggrieved party. WRIT OF KALIKASAN - It is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. QUO WARRANTO - A petition for quo warranto is a proceeding to determine the right of a person to the use or exercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well founded, or if he has forfeited his right to enjoy the privilege. Where the action is filed by a private person, he must prove that he is entitled to the controverted position; otherwise, respondent has a right to the undisturbed possession of the office. MANDAMUS - Purpose is for the tribunal, corporation, board, or officer to perform a ministerial and legal duty. PROHIBITION - A judgment commanding a tribunal, corporation, board, officer, or person, whether exercising judicial, quasi-judicial or ministerial functions, to desist from further proceeding in the action or matter specified therein because it acts without or in excess of its or his jurisdiction or with grave abuse of discretion amounting toack or excess of jurisdiction. (Sec. 2, Rule 65) INJUNCTION – Directed against Litigant. The purpose is to either compel the defendant to refrain from performing an act or to perform any act - not necessarily a legal and ministerial duty. ENJOIN - Enjoin is the verb form of the term injunction, which means prohibit someone from doing something by issuing an injunction, in other words, a court enjoins something when it issues an injunction against it APPEAL BY CERTIORARI (Rule 45) - Appeal to the Supreme Court in all cases decided by the RTC where only questions of law are raised or involved. SUPREME COURT Supreme Court - ORIGINAL AND EXCLUSIVE Petitions for the issuance of writs of certiorari, prohibition and mandamus against: 1. Court of Appeals. 2. Commission on Elections. 3. Commission on Audit. 4. Sandiganbayan. 5. Court of Tax Appeals. LECTURE NOTES No. 2 10  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H Supreme Court - ORIGINAL AND CONCURRENT 1. With the CA 1. Petitions for the issuance of writs of certiorari, prohibition and mandamus against: a. National Labor Relations Commission (NLRC); b. Civil Service Commission (CSC); c. Quasi-Judicial Agencies; d. RTC and lower courts. 2. Petitions for the issuance of a writ of kalikasan. NOTE: This is subject to the doctrine of hierarchy of courts. 2. With the CA, SB and RTC 1. Petition for writ of amparo; 2. Petition for writ of habeas data. NOTE: For a petition for a writ of habeas data, the action may be filed with the Sandiganbayan when the action concerns public data files of government offices. 3. With the CA and RTC 1. Petitions for habeas corpus and quo warranto; 2. Petitions for the issuance of writs of certiorari, prohibition and mandamus against lower courts or bodies; 3. Petitions for the issuance of writ of continuing mandamus in environmental cases. Actions affecting ambassadors, other public ministers and 4. With the RTC consuls. NOTE: Under R.A. 10660, Sandiganbayan has jurisdiction in criminal cases involving “officials of the diplomatic service occupying the position of consul and higher Supreme Court - APPELLATE JURISDICTION In criminal cases where: 1. Appeal by Notice of Appeal 1. The CA renders a judgment imposing reclusion perpetua, life imprisonment, or a lesser penalty, the judgment is appealable to the Supreme Court by notice of appeal filed with the CA. (Sec. 13 (c), Rule 124, as amended; Dungo v. People, G.R. No. 209464, Jul. 1, 2015). 2. The Sandiganbayan decides a case in the exercise of its original jurisdiction; the notice of appeal shall be filed with the Sandiganbayan and served upon the adverse party. (Sec. 1(a), Rule XI, 2018 Revised Internal Rules of the Sandiganbayan). LECTURE NOTES No. 2 11  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H In criminal cases where: 2. Appeal by Certiorari / 1. The Court of Appeals renders a judgment imposing reclusion Petition for Review on perpetua, life imprisonment, or a lesser penalty, and the Certiorari (Rule 45) appeal raises pure questions of law. (Dungo v. People, G.R. No. 209464, Jul. 1, 2015); 2. The Sandiganbayan decides a case in the exercise of its appellate jurisdiction, involving pure questions of law, fact or both. (Sec. 1(a), Rule XI, 2018 Revised Internal Rules of the Sandiganbayan). 3. Special Civil Action of Decision, order or ruling of: Certiorari within 30 days 1. Commission on Elections; (Rule 64) 2. Commission on Audit. In criminal cases: 4. Appeal by Automatic 1. Whenever the CA finds that the penalty of death should be Review imposed, the CA shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. (Sec. 13(a), Rule 124, as amended); 2. Where the judgment of the CA also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to the Supreme Court. (Sec. 13(b), Rule 124, as amended); 3. Whenever the Sandiganbayan, in the exercise of its original jurisdiction, imposes the death penalty, the records of the case, together with the stenographic notes, shall be forwarded to the SC for automatic review and judgment. (Sec. 1(b), Rule XI, 2018 Revised Internal Rules of the Sandiganbayan LECTURE NOTES No. 2 12  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H COURT OF APPEALS Court of Appeals - ORIGINAL AND EXCLUSIVE Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction. Court of Appeals – ORIGINAL AND CONCURRENT 1. With the SC 1. Petitions for the issuance of writs of certiorari, prohibition and mandamus against: a. NLRC; b. CSC; c. Quasi-Judicial Agencies; d. RTC and lower courts. 2. Petitions for the issuance of a writ of kalikasan. NOTE: This is subject to the doctrine of hierarchy of courts. 2. With the SC, SB, and 1. Petition for writ of amparo; RTC 2. Petition for writ of habeas data. NOTE: For a petition for a writ of habeas data, the action may be filed with the Sandiganbayan when the action concerns public data files of government offices. 3. With the SC and RTC 1. Petitions for habeas corpus and quo warranto; 2. Petitions for the issuance of writs of certiorari, prohibition and mandamus against lower courts or bodies; 3. Petitions for the issuance of writ of continuing mandamus in environmental cases. Court of Appeals - EXCLUSIVE APPELLATE Appeals from: 1. Ordinary Appeal by 1. RTC in the exercise of its original jurisdiction, except in Notice of Appeal or all cases where only questions of law are raised or Record on Appeal involved, which are appealable to the SC by petition for review on certiorari in accordance with Rule 45; 2. RTC on constitutional and jurisdictional questions which involve questions of fact; 3. Family Courts. In criminal cases when: 1. RTC decides a case in the exercise of its original jurisdiction; and 2. RTC imposes penalty of reclusion perpetua or life imprisonment, or where lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which death, reclusion perpetua or life imprisonment is imposed, appeal shall be by notice of appeal to the CA. (Sec. 3 (a) & (c), Rule 122). LECTURE NOTES No. 2 13  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H An appeal may be taken to the CA whether the appeal involves 2. Appeal by Petition questions of fact, mixed questions of fact and law, or questions of law, for Review in the following cases: Regular 1. Appeals from RTC in the exercise of its appellate jurisdiction. Special 1. Appeals from CSC; 2. Appeals from Quasi-Judicial Agencies; 3. Securities and Exchange Commission; 4. Office of the President; 5. Land Registration Authority; 6. Social Security Commission; 7. Civil and Aeronautics Board; 8. Intellectual Property Office; 9. National Electrification Administration; 10. Energy Regulatory Commission; 11. National Telecommunications Commission; 12. Department of Agrarian Reform under RA 6657; 13. Government Service Insurance System; 14. Employees’ Compensation Commission; 15. Insurance Commission; 16. Philippine Atomic Energy Commission; 17. Board of Investments; 18. Construction Industry Arbitration Commission; 19. Voluntary Arbitrators authorized by law; 20. Ombudsman, in administrative disciplinary cases; 21. National Commission on Indigenous Peoples; From the judgments or final orders or resolutions of the CA, the aggrieved party may appeal by certiorari to the SC as provided in Rule 45. Judgments and final orders of the CTA en banc are now appealable to the SC through a petition for review under Rule 45, pursuant to RA 9282. 3. Appeal by Automatic Review If RTC imposes death penalty, no notice of appeal is necessary; CA will automatically review the judgment. (Sec. 3(d), Rule 122). LECTURE NOTES No. 2 14  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H COURT OF TAX APPEALS CRIMINAL CASES Criminal cases arising from violations of the: 1. Exclusive Original 1. National Internal Revenue Code. Jurisdiction 2. Tariff and Customs Code. 3. Other laws administered by the BIR or the Bureau of Customs. Provided, however, that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed in less than P1M or where there is no specified amount claimed shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability for taxes and penalties shall be at all times be simultaneously instituted with, and jointly determined in the same proceeding by the CTA, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action will be recognized. 2. Exclusive Appellate 1. Over appeals from the judgments, resolutions or orders of the Jurisdiction RTC in tax cases originally decided by them, in their respective territorial jurisdiction. 2. Over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided the MeTC, MTC and MCTC in their respective jurisdiction. TAX COLLECTION CASES Cases involving final and executory assessment for taxes, fees, charges 1. Exclusive Original and penalties: Provided, however, that collection cases where the Jurisdiction principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1M shall be tried by the proper MTC, MeTC and RTC. In tax collection cases: 2. Exclusive Appellate 1. Over appeals from the judgments, resolutions or orders of the Jurisdiction RTC in tax collection cases originally decided by them, in their respective territorial jurisdiction. 2. Over petitions for review of judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided the MeTC, MTC and MCTC in their respective jurisdiction. LECTURE NOTES No. 2 15  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H SANDIGANBAYAN (P.D. 1606, as amended by R.A. 10660, promulgated April 16, 2015) Sandiganbayan - EXCLUSIVE ORIGINAL A. Violations of the following: I. The Anti-Graft and Corrupt Practices Act (Republic Act No. 3019); II. An Act Declaring Forfeiture in Favor of the State any Property Found to Have Been Unlawfully Acquired by any PublicOfficer or Employee and Providing for the Proceedings Therefor (Republic Act No. 1379); and III. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, which are: a. Direct Bribery; b. Indirect Bribery; c. Qualified Bribery; and d. Corruption of Public Officials Provided that one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: 1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Salary Grade ‘27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), 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 treasurers, assessors, engineers, and other city department heads; c. Officials of the diplomatic service occupying the position of 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 and 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. 2. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the Compensation and Position Classification Act of 1989; 3. Members of the judiciary without prejudice to the provisions of the Constitution; 4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and 5. All other national and local officials classified as Grade ‘27’ and higher under the Compensation and Position Classification Act of 1989. IV. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in “A” above in relation to their office; and V. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Provided that the RTC of the judicial region other than where the official holds office shall have exclusive original jurisdiction where the information: 1. Does not allege any damage to the government or any bribery; or LECTURE NOTES No. 2 16  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H 2. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding P1,000,000. Furthermore, the proper RTC or MTC shall have jurisdiction in cases where: 1. None of the accused are occupying positions corresponding to Salary Grade ‘27’ or higher, as prescribed under the Compensation and Position Classification Act of 1989; or 2. Military and PNP officers mentioned above NOTES: In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized. Where the civil action had heretofore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned. VI. Money Laundering cases committed by public officers and private persons, who are in conspiracy with such public officers, shall be under the jurisdiction of the Sandiganbayan. (Sec. 5, RA 9160, Anti Money Laundering Act of 2001). VII. All prosecutions under the Anti-Plunder Law shall be within the original jurisdiction of the Sandiganbayan. (Sec. 3, RA 7080, An Act Defining and Penalizing the Crime of Plunder). VIII. 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. Note that the jurisdiction over these petitions shall not be exclusive of the Supreme Court. Sandiganbayan - EXCLUSIVE APPELLATE 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. In civil and criminal cases, appeal to the Sandiganbayan from a 1. Appeal by Notice of decision rendered by the RTC, in the exercise of its original Appeal jurisdiction, shall be by ordinary appeal (i.e., filing of notice of appeal with the RTC), under Rules 41 and 44, and Rules 122 and 124 of the Rules of Court. (Sec. 1, Rule XIII, 2018 Revised Internal Rules of the Sandiganbayan). LECTURE NOTES No. 2 17  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H In civil and criminal cases, appeal to the Sandiganbayan from a 2. Appeal by Petition for decision rendered by the RTC, in the exercise of its appellate Review jurisdiction, shall be by petition for review under Rule 42 of the Rules of Court. (Sec. 2, Rule XIII, 2018 Revised Internal Rules of the Sandiganbayan). REGIONAL TRIAL COURTS RTC- ORIGINAL AND EXCLUSIVE Criminal cases not within the exclusive jurisdiction of any court, tribunal or body, such as the following: 1) Penalty provided by law exceeds 6 years imprisonment, irrespective of fine. 2) Under (a) above not falling under the original jurisdiction of the Sandiganbayan where none of the principal accused are occupying positions corresponding to salary grade “27” or higher, or military and PNP officers occupying the rank of superintendent or higher, or their equivalent. 3) Only penalty provided by law is a fine exceeding P4K. 4) Violations of the: a. Comprehensive Dangerous Drugs Act of 2002. b. Anti-Violence against Women and their Children Act of 2004 (specifically, those involving violence against women and children as defined under Section 5). c. Comprehensive Agrarian Reform Law. d. Omnibus Election Code. Criminal Cases N.B.: Family Courts have exclusive original jurisdiction over criminal cases where one or more of the accused is below 18 years old, or when one or more of the victims is a minor at the time of the commission of the offense. However, if the victim has already died, such as in homicide cases, the regular courts can have jurisdiction. (People v Dela Torre-Yadao,G.R. Nos. 162144-54, 2012) NOTE: Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court shall be tried in the judicial region other than where the official holds office. OTHER CASES: 1. Actions for recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or modification of an arbitral award, and any application with a court for arbitration assistance and supervision. 2. Actions for determination of just compensation to land under the CARL (Comprehensive Agrarian and Reform Law) 3. R.A. 10660 (promulgated April 16, 2015): The REGIONAL TRIAL COURT shall have exclusive original jurisdiction where LECTURE NOTES No. 2 18  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H the information involving civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A (1986): a. Does not allege any damage to the government or any bribery; or b. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00). JURISPRUDENCE: (PEOPLE V DELA TORRE-YADAO,G.R. NOS. 162144-54, 2012) RTC - ORIGINAL AND CONCURRENT 1. With the SC Actions affecting ambassadors and other public ministers and (Concurrent) consuls. 1. Issuance of writs of certiorari, prohibition, mandamus, quo 2. With the SC and CA warranto, habeas corpus, and injunction which may be (Concurrent) enforced in any part of their respective regions. 2. Petition for the issuance of writ of continuing mandamus in environmental cases. 3. With the SC, CA and SB 1. Petition for writ of amparo. (Concurrent) 2. Petition for writ of habeas data. 4. With the Insurance Claims not exceeding P100K. This is applicable if subject of Commissioner the action is incapable of pecuniary RTC - APPELLATE JURISDICTION Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial Jurisdiction RTC – SPECIAL JURISDICTION The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the SC may determine in the interest of a speedy and efficient administration of justice. LECTURE NOTES No. 2 19  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H FAMILY COURTS FAMILY COURT - ORIGINAL AND EXCLUSIVE JURISDICTION 1. Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to Presidential Decree No. 603, otherwise known as the “Child and Youth Welfare Code”; Petitions for guardianship, custody of children, habeas corpus in relation to the latter. 2. Petitions for adoption of children and revocation thereof. Upon effectivity of REPUBLIC ACT (RA) 11642 (June 28, 2022), courts may no longer receive or accept petitions for domestic adoption. Jurisdiction over domestic adoption cases shall now be with the newly created National Authority for Child Care (NACC), a quasi-judicial agency attached to the Department of Social Welfare and Development. Adoptions proceedings are now administrative. Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide such petitions. 3. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership or gains 4. Petitions for support and/or acknowledgment. 5. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines (E.O No. 209). 6. Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under the Child and YouthWelfare Code (PD 603), Authorizing the Ministry of Social Services and Development to Take Protective Custody of Child Prostitutes and Sexually Exploited Children, and for Other Purposes (E.O. 56), and other related laws. 7. Petitions for constitution of the family home. 8. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2005. 9. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act (RA 7610), as amended by RA 7658 and RA 9231. 10. Cases of domestic violence against: a. Women – which are acts of gender-based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman’s personhood, integrity and freedom of movement; and b. Children – which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development. LECTURE NOTES No. 2 20  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court. MUNICIPAL TRIAL COURTS – MeTC, MTC, MTCC and MCTC MTC – ORIGINAL and EXCLUSIVE JURISDICTION EXCEPT in cases falling within the exclusive original jurisdiction of the RTC or SB— 1. Violations of city or municipal ordinances committed within their respective territorial jurisdiction. 2. Offenses punishable with imprisonment NOT exceeding 6 years irrespective of the amount of fine, and regardless of other Criminal cases imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof. 3. Offenses under (2) above include those NOT falling within the exclusive original jurisdiction of the SB where none of the accused is occupying positions corresponding to salary grade ‘27’ or higher. 4. Offenses involving damage to property through criminal negligence. 5. In cases where the only penalty provided by law is a fine of not more than P4K. MTC- DELEGATED JURISDICTION Cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does NOT exceed P100K, such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. These cases are assigned and not automatically delegated. MTC - SPECIAL JURISDICTION In the absence of all the RTC Judges in a province of city— 1. Hear and decide petitions for writ of habeas corpus. 2. Hear and decide applications for bail in criminal cases. MTC - SUMMARY PROCEDURE 1. Traffic violations. 2. Rental law violations. 3. Violations of city or municipal ordinances. Criminal cases 4. Violations of B.P. 22 (Bouncing Checks Law). 5. All other cases where penalty does NOT exceed 6 months and/or fine of P1K, irrespective of other imposable penalties, accessory or otherwise. 6. In offenses involving damage to property through criminal negligence, where the imposable fine does not exceed P10K. LECTURE NOTES No. 2 21  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H RULE ON SUMMARY PROCEDURE The rule shall govern the summary procedure in the MeTCs, MTCCs, MTCs, and MCTCs. WHAT ARE THE COVERED CASES AND AMOUNTS? SUMMARY PROCEDURE FOR CRIMINAL CASES 1. Traffic violations. 2. Rental law violations. 3. Violations of city or municipal ordinances. 4. Violations of B.P. 22 (Bouncing Checks Law). 5. All other cases where penalty does NOT exceed 6 months and/or fine of P1K, irrespective of other imposable penalties, accessory or otherwise. 6. In offenses involving damage to property through criminal negligence, where the imposable fine does not exceed P10K. (Sec. 1 (B), Revised Rule on Summary Procedure, as amended) Exception: The Rule on Summary Proceedings shall not apply to a civil case where the plaintiff’s cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure. Nor is it applicable to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. (Sec. 1, Revised Rule on Summary Procedure, as amended) SUMMARY PROCEDURE CASES for CIVIL CASES, as follows: 1) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to be recovered. where attorney's fees are awarded, the same shall not exceed One Hundred Thousand Pesos (Pl00,000.00). In forcible entry, one is deprived of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth. In unlawful detainer, one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any contract, express or implied. In forcible entry, the possession is illegal from the beginning and the only issue is who has the prior possession de facto. In unlawful detainer, possession was originally lawful but became unlawful by the expiration or termination of the right to possess and the issue of rightful possession is the one decisive, for in such action, the defendant is the party in actual possession and the plaintiff's cause of action is the termination of the defendant's right to continue in possession. 2) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff's claim does not exceed Two Million Pesos (P2,000,000.00), exclusive of interest damages of whatever kind, attorney's fees, litigation expenses and costs. 3) Complaints for damages where the claim does not exceed Two Million Pesos (P2,000,000.00), exclusive of interest and costs. LECTURE NOTES No. 2 22  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H 4) Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991. 5) Cases solely for the revival of judgment of any Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court. 6) The civil aspect of a violation of Batas Pambansa Blg. 72 (the Bouncing Checks Law), if no criminal action has been instituted therefor. Should a criminal action be later instituted for the same violation, the civil aspect shall be consolidated. with the criminal action and shall be tried and decided jointly under the Rule on Summary Procedure. All other cases not included herein shall be governed by the regular rules of procedure. RULE ON SMALL CLAIMS Scope and Applicability of Rules for Small Claims Cases The Rules of Procedure for Small Claims Cases shall govern the procedure in the Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), and Municipal Circuit Trial Courts (MCTCs) involving all actions that are purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money. Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos (P1,000,000.00) exclusive of interest and costs. A "small claim" is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. The claim or demand may be: (a) For money owed under any of the following: 1) Contract of Lease; 2) Contract of Loan and other credit accommodations; 3) Contract of Services; or 4) Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. (b) The enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and LECTURE NOTES No. 2 23  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991. Venue: For small claims cases, the regular rules of venue shall apply, at the election of the plaintiff, in the MeTC, MTCC, MTC, and MCTC: 1. Where the plaintiff resides; 2. Where the defendant resides; or 3. Where he may be found, in the case of a non-resident defendant. However, if the plaintiff is engaged in the business of lending, banking and similar activities, in the city where the defendant resides, if the plaintiff has a branch in that city. (Sec. 7, Revised Rules of Procedure for Small Claims Cases, as amended) KATARUNGANG PAMBARANGAY General Rule: ALL disputes between individuals/natural persons are subject to barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices is allowed. There must have been confrontation between the parties before the lupon chairman or pangkat and a showing that there was no settlement reached or that it was repudiated by the parties before a complaint, petition, action or proceeding may be filed or instituted in court or in a government office for adjudication. Exceptions: 1. Where one party is the government, or any subdivision or instrumentality thereof; 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions; 3. Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon; 4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules]; 5. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other, and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; 6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one year or a fine of over P5,000.00. 7. Offenses where there is no private offended party; 8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following: a. Criminal cases where accused is under police custody or detention [Sec. 412 (b) (1), Revised Katarungang Pambarangay Law]; b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of or on acting in his behalf; LECTURE NOTES No. 2 24  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; d. Actions which may be barred by the Statute of Limitations. 9. Any class of disputes, which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice; 10. Where the dispute arises from the Comprehensive Agrarian Reform Law (Secs. 11. Labor disputes or controversies arising from employer-employee relations (Montoya v. Escayo, et al., G.R. No. 82211-12, 1989); (Art. 226, Labor Code) 12. Actions to annul judgment upon a compromise that may be filed directly in court (Sanchez v. Tupaz, G.R. No. 76690, 1988) NOTE: A case filed in court without compliance with prior barangay conciliation, which is a pre-condition for formal adjudication, may be dismissed upon motion of defendant/s on the ground of failure to comply with a condition precedent. The non- referral of a case for barangay conciliation is not jurisdictional in nature, thus it necessitates a motion to dismiss before it may be considered by the Court. (Royales v. Intermediate Appellate Court, G.R. No. L-65072, Jan. 31, 1984). Distinguish: Error of Jurisdiction v. Error of Judgment ERROR OF JURISDICTION ERROR OF JUDGMENT Occurs when the court exercises a Occurs when a court or tribunal clothed jurisdiction not conferred upon it by with jurisdiction commits mistakes in the law or when a court or tribunal acts in appreciation of the facts and evidence excess of its jurisdiction or with grave leading to an erroneous judgment. abuse of its discretion. Correctible by certiorari Correctible by appeal Distinguish: Primary Jurisdiction v. Exhaustion of Administrative Remedies PRIMARY JURISDICTION EXHAUSTION OF ADMINISTRATIVE REMEDIES Precludes the courts from resolving a Available remedy before an controversy over which jurisdiction has administrative body must first be sought been lodged in an administrative body before bringing an action in court of special competence. Rationale is that some controversies Rationale is the agency should be given demand the exercise of sound an opportunity to correct the errors, if administrative discretion requiring the any, of its subordinates. special knowledge, experience, and services of the tribunal. Involves a situation where both the Involves a situation where the remedy is court and administrative agency have cognizable at first instance by an jurisdiction to pass upon the question. administrative agency prior to judicial review. Applies to a particular case brought as Applies to administrative remedies in an original matter. the nature of a review. Its effect is to suspend judicial process Its effect is to withhold judicial pending referral of such issues to the interference until the administrative administrative agencies. process has run its course. -- nothing follows-- LECTURE NOTES No. 2 25  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H LECTURE NOTES No. 2 26