Jurisdiction of the Courts Flashcards
(24 cards)
What cases fall within the exclusive original jurisdiction of the Supreme Court?
Exclusive Original:
1. Petitions for certiorari, prohibition and mandamus against:
a.Court of Appeals;
b.Commission on Elections;
c. Commission on Audit;
d. Sandiganbayan;
e. Court of Tax Appeals;
- Disciplinary proceedings against members of the Bar and court personnel.
- Petition for certiorari against the Office of the Ombudsman’s finding
of probable cause.
What cases fall within the exclusive and concurrent jurisdiction of the Supreme Court?
Exclusive Concurrent with the RTC:
1. Cases affecting ambassadors, other public ministers and consuls.
Exclusive Concurrent with the Court of Appeals:
1. Petitions for certiorari, prohibition or mandamus against:
a. RTC;
b.Civil Service Commission;
c. Central Board of Assessment Appeals;
d.National Labor Relations Commission;
e. Other quasi-judicial agencies.
2. Petitions for writ of kalikasan.
Exclusive concurrent with both RTC and Court of Appeals:
1. Petitions for habeas corpus;
2. Petitions for quo warranto;
3. Petitions for certiorari, prohibition or mandamus against inferior courts and other bodies;
4. Petition for continuing mandamus.
Exclusive concurrent with the RTC, Court of Appeals and Sandiganbayan:
1. Petitions for Writ of Amparo;
2. Petitions for Writ of Habeas Data.
What cases fall within the appellate jurisdiction of the Supreme Court?
By way of appeal by certiorari under Rule 45 against the decision/resolution of the:
1. Court of Appeals;
2. Sandiganbayan;
3. RTC on pure questions of law;
4. In cases involving the constitutionality or validity of a law or treaty, decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment toll or penalty, jurisdiction of a lower court;
5. Court of Tax Appeals En Banc.
What cases are required to be decided by the Supreme Court en bane?
- All cases involving the constitutionality of a treaty, international or executive agreement, or law;
- All cases involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations;
- Cases where the required number of votes in a division is not obtained;
- Cases involving a modification or reversal of a doctrine or principle laid down previously in a decision rendered en banc;
- Cases involving the discipline of judges of lower courts;
- Contests relating to the election, returns, and qualifications of the President or Vice-President.
Is the Supreme Court a trier of facts?
As a general rule, no. The Supreme Court is not a trier of facts but of questions of law.
When may the Supreme Court admit and review questions of fact?
The Supreme Court may admit and review questions of fact in the following instances:
1. Where the conclusion is a finding grounded entirely on speculation, surmise, and conjectures;
2. Where the inference made is manifestly mistaken;
3. Where there is grave abuse of discretion;
4. Where the judgment is based on misapprehension of facts; and
5. The findings of fact are premised on the absence of evidence and are contradicted by evidence on record.
Distinguish questions of law from questions of fact.
A question of law exists when the doubt or difference arises as to what the law is on a certain set of facts, while there is a question of fact when the doubt or difference arises as to the truth or falsehood of the alleged facts.
What is the test used to determine whether a question pertains to a matter of law or a matter of fact?
The test of whether a question is whether the appellate court can determine the issue raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise, it is a question of fact.
What is the relevance of distinguishing whether a question is one of law or one of fact?
The difference becomes material in appeals. In an appeal under Rule 45, generally, only questions of law should be raised since factual questions are not the proper subject of an appeal by certiorari.
Meanwhile, in ordinary appeals under Rule 40/Rule 41 and petition for review under Rule 42, a litigant may raise mixed questions of law and fact in his or her appeal.
Which cases fall within the exclusive original jurisdiction of the Court of Appeals?
Exclusive Original:
1. Actions for annulment of judgments of the RTC.
Which cases fall within the exclusive and concurrent jurisdiction of the Court of Appeals?
Exclusive Concurrent with the Supreme Court:
1. Petitions for certiorari, prohibition or mandamus against:
a. RTC;
b. Civil Service Commission;m
c. Central Board of Assessment Appeals;
d. National Labor Relations Commission;
e. Other quasi-judicial agencies.
- Petitions for writ of kalikasan.
Exclusive Concurrent with the Supreme Court and RTC:
1. Petitions for habeas corpus;
2. Petitions for quo warranto;
3. Petitions for certiorari, prohibition or mandamus against inferior courts and other bodies;
4. Petition for continuing mandamus.
Exclusive concurrent with the Supreme Court, Sandiganbayan, and RTC:
1. Petitions for Writ of Amparo.
2. Petitions for Writ of Habeas Data.
Which cases fall within the appellate jurisdiction of the Court of Appeals?
- By way of ordinary appeal from the Jurisdiction RTC and Family Courts;
- By way of petition for review from the RTC rendered in the exercise of its appellate jurisdiction;
- By way of petition for review from the decisions, resolutions, orders or awards of the Civil Service Commission;
- By way of a petition for certiorari under Rule 65 with respect to the Office of the Ombudsman’s final and unappealable rulings in disciplinary administrative cases (e.g., those imposing the penalty of public censure or reprimand or suspension of not more than 1 month’s salary);
- By way of appeal under Rule 43 with respect to appealable ruling in
disciplinary administrative cases; - By way of appeal under Rule 43 against decisions or resolutions of
quasi-judicial agencies. - By way of a petition for certiorari under Rule 65 relative to RTC orders approving or disapproving a rehabilitation plan.
What cases fall within the exclusive original jurisdiction of the Sandiganbayan?
Exclusive Original:
1. Criminal cases:
a. Violations of RA 3019, as amended (Anti-Graft and Corruption Practices Act), and Republic Act No. 1379, and Chapter II, Section 2, Title VII of the Revised Penal Code, where 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:
i. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade “27” and higher of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
1) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads;
2) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurer, assessors, engineers, and other city department heads;
3) Officials of the diplomatic service occupying the position of consul and higher;
4) Philippine army and air force colonels, naval captains, and all officers of higher rank;
5) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;
6) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
7) Presidents, directors or trustees, or managers of governmentowned or controlled corporations, state universities or educational institutions or foundations;
b. Members of Congress and officials thereof classified as Grade “27” and up under the Compensation and Position Classification Act of 1989;
c. Members of the judiciary without prejudice to the provisions of the Constitution;
d. Chairmen and members of Constitutional Commissions without prejudice to the provisions of the Constitution; and
e. All other national and local officials classified as Grade “27” and higher under the Compensation and Position Classification Act of 1989.
- Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection of this section in relation to their office.
- Civil and criminal cases pursuant to and in connection with Executive
Order Nos. 1,2,14 and 14-A, issued in 1986;
Note: The Regional Trial Court shall have exclusive original jurisdiction where the information:
(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).
What cases fall within the exclusive concurrent jurisdiction of the Sandiganbayan?
Exclusive Concurrent with the Supreme Court:
1. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs processes in aid of its appellate jurisdiction.
2. 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.
Exclusive concurrent with the Supreme Court, Court of Appeals and Regional Trial Court
1. Petitions for Writ of Amparo.
2. Petitions for Writ of Habeas Data.
What cases fall within the appellate jurisdiction of the Sandiganbayan?
Appellate Jurisdiction:
Final judgments, resolutions or orders of the Regional Trial Courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction.
When is an offense deemed committed in relation to a public official’s office, and thus covered by the exclusive original jurisdiction of the Sandiganbayan?
An offense is deemed committed in relation to a public official’s office when:
1. The office is a constituent element of the crime as defined in the statute.
2. The offense is intimately connected with the office of the offender.
3. The fact that the offense was committed in relation to his office is alleged in the Information.
What cases fall within the exclusive original jurisdiction of the Court of Tax Appeals?
Exclusive Original:
1. All criminal offenses arising from violations of the NIRC or Tariff and Customs Code and other laws administered by the BIR or the Bureau of Customs except where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than 1 Million, or where there is no specified amount claimed, in which case it shall be tried by the regular trial courts and the jurisdiction of the CTA shall be
appellate.
2. Tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, that collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than Pl,000,000.00 shall be tried by the proper MTC, MeTC, and RTC.
What cases fall within the exclusive appellate jurisdiction of the Court of Tax Appeals?
- Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the BIR;
- Inaction by the Commissioner of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by the BIR, where the NIRC provides a specific period of action, in which case the inaction shall be deemed a denial; - Decisions, orders or resolutions of the RTCs in local tax cases originally decided or resolved by them in the exercise of their original jurisdiction;
- Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs;
- Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;
- Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or not to impose said duties;
- Appeals from the judgments, resolutions or orders of the RTCs in tax cases originally decided by them, in their respected territorial jurisdiction;
- Petitions for review of the judgments, resolutions or orders of the RTCs in the exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs and MCTCs in their respective jurisdiction;
- Appeals from the judgments, resolutions or orders of the RTCs in tax collection cases originally decided by them, in their respective territorial jurisdiction;
- Petitions for review of the judgments, resolutions or orders of the RTCs in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs, in their respective jurisdiction.
What cases fall within the exclusive appellate jurisdiction En Banc of the Court of Tax Appeals?
Exclusive Appellate Jurisdiction (En Banc):
1. Decisions or resolutions on motions for reconsideration or new trial of the Court in Divisions in the exercise of its exclusive appellate jurisdiction over:
a. Cases arising from administrative agencies - BIR, Bureau of Customs, Department of Finance, Department of Trade and Industry, Department of Agriculture;
b. Local tax cases decided by the RTCs in the exercise of their original jurisdiction; and
c. Tax collection cases decided by the RTCs in the exercise of their original jurisdiction involving final and executory assessments for taxes, fees, charges and penalties, where the principal amount of taxes and penalties claimed is less than 1,000,000.00;
2. Decisions, resolutions or orders of the RTCs in local tax cases decided or resolved by them in the exercise of their appellate jurisdiction;
- Decisions, resolutions or orders of the RTCs in tax collection cases decided or resolved by them in the exercise of their appellate jurisdiction;
- Decisions, resolutions or orders on motions for reconsideration or new trial of the Court in Division in the exercise of its exclusive original jurisdiction over tax collection cases;
- Decisions of the Central Board of Assessment Appeals (CBAA) in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
- Decisions, resolutions or orders on motions for reconsideration or new trial of the Court in Division in the exercise of its exclusive original jurisdiction over cases involving criminal offenses arising from violations of the NIRC or the Tariff and Customs Code and other laws administered by the BIR or Bureau of Customs;
- Decisions, resolutions or orders on motions for reconsideration or new trial of the Court in Division in the exercise of its exclusive appellate jurisdiction over criminal offenses mentioned in the preceding subparagraph; and
- Decisions, resolutions or orders of the RTCs in the exercise of their appellate jurisdiction over criminal offenses mentioned in subparagraph (6).
Which civil cases fall within the Exclusive Original Jurisdiction of the Regional Trial Court for Civil Cases?
Exclusive Original (Civil Cases):
1. All civil actions m which the subject of the litigation is incapable of pecuniary estimation;
2. All civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value exceeds
P400,000.00, except for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred
upon the MeTCs, and MTCCs, MTCs, and MCTCs;
3. In all actions in admiralty and maritime jurisdiction where the demand or claims exceeds P2,000,000.00;
4. In all matters of probate, both estate and intestate, where the gross value of the estate exceeds P2,000,000.00;
5. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;
6. In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law;
7. In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs or the value of the property in controversy exceeds P2,000,000.00;
8. Intra-corporate controversies as defined under Section 5.2. of the
Securities and Regulations Code;
9. Petition for voluntary or involuntary rehabilitation.
Which civil cases fall within the Exclusive Original Jurisdiction of the Regional Trial Court for Criminal Cases?
Exclusive Original (Criminal Cases):
1. Offenses punishable with imprisonment exceeding 6 years, irrespective of fine, accessory penalties, or civil liability;
- All criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those within the exclusive and concurrent jurisdiction of the Sandiganbayan;
- Cases where the only penalty is a fine exceeding P4,000.00;
- Libel cases;
- Violation of. R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002);
- Violation of intellectual property rights;
- Cases otherwise cognizable by the Sandiganbayan, where the information:
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 P1 million. - Cases otherwise cognizable by the Sandiganbayan where none of the accused are occupying positions corresponding to Salary Grade ‘27’ or higher, as prescribed in RA 6758, or military and PNP officers mentioned in Sec. 3 of PD 1606;
- All cases on money laundering except those falling under the jurisdiction of the Sandiganbayan;
- Election cases, except those relating to failure to register or failure to vote;
- Court martial cases except when the offense is service-oriented, it will then be tried by the court martial.
Which civil cases fall within the Exclusive Concurrent Jurisdiction of the Regional Trial Court?
Exclusive Concurrent with the Supreme Court:
1. Cases affecting ambassadors, other public ministers and consuls.
Exclusive concurrent with the Court of Appeals and Supreme Court:
1. Petitions for habeas corpus;
2. Petitions for quo warranto;
3. Petitions for certiorari, prohibition or mandamus against inferior
courts and other bodies;
4. Petition for continuing mandamus.
Exclusive concurrent with the Supreme Court, Court of Appeals and Sandiganbayan:
1. Petitions for Writ of Amparo.
2. Petitions for Writ of Habeas Data.
Exclusive concurrent with the Insurance Commissioner:
1. Single claim not exceeding P5,000,000.00.
Which civil cases fall within the Appellate Jurisdiction of the Regional Trial Court?
All cases decided by the MeTCs, MTCs and MCTCs in their respective territorial jurisdiction except decisions of lower courts in the exercise of delegated jurisdiction.
