Cases not yet discussed 1. 2. 3. 4. 5.

Mariano Cruz Antiporda Fukuzume Figueroa

Exclusive Jurisdiction refers to power of a court to adjudicate a case to the exclusion of all other courts. It is the sole forum for determination of a particular type of case. The sole court or forum in which an action may be heard or tried, as no other courts or tribunals have authority over the person or the subject matter. Concurrent Jurisdiction: The jurisdiction is said to be concurrent when two or more different courts possess the authority to hear and decide on the same matter within the same territory. The overlapping jurisdiction of two or more courts over the same cause of action. Instances: RPC Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. 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; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Continuing Crime: It is one where any of the elements of the offense is committed in different localities such that the accused may be charged in any place where an essential element of the crime was committed. Ex. A kidnapped B and detained her in baguio city. Next day he brought her to dagupan city. Next in manila. He committed continuing offense of illegal detention. Essential elements: Rule 110 Section 15. Place where action is to be instituted. (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.

Vessels in transit (b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during its trip, including the place of its departure and arrival. (c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. (d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (15a) Article 360. Persons responsible. - Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same. The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof. The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense: Provided, however, That where one of the offended parties is a public officer whose office is in the City of Manila at the time of the commission of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law. Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (As amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965). Multiple Sala

What court shall exercise jurisdiction in case there is concurrent jurisdiction? Rule that court which first takes cognizance of case acquires jurisdiction thereof exclusive of the other applies only where both courts have concurrent jurisdiction over particular case charged (Mariano Case) Original Jurisdiction : The ability and authority to decide cases based on hearing testimony and viewing evidence, rather than on appeal. The distinction separates trial courts from appellate courts. When an appellate court tries a case de novo on appeal, it is said to be exercising its original jurisdiction rather than its appellate jurisdiction. A courts status as the first court that has authority to hear a particular claim. Appellate Jurisdiction: An appeals courts power of review of the decisions of lower courts.