SUPREME COURT

Q: What are the cases which must be decided by the SC en banc?

A:
1.All cases involving the constitutionality of a treaty, international or executive agreement, or
law;
2.Cases involving the constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions, ordinances and other regulations;
3.A case where the required number of vote in a division is not obtained;
4.A doctrine or principle laid down in a decision rendered en banc or by division is modified,
or reversed;
5.All other cases required to be heard en banc under the Rules of Court (Sec. 5, Art. VIII, 1987
Constitution).

Civil Cases
Exclusive Original
Petitions for issuance of writs of certiorari,
prohibition and mandamus against the following:
1. Court of Appeals
2. Court of Tax Appeals
3. Commission on Elections En Banc
4. Commission on Audit
5. Sandiganbayan
Appellate
1. Petitions for review on certiorari against:
CA;
CTA;
Sandiganbayan
d.
Regional
Trial Courts in cases
involvingIf no question of fact is involved and
the case involves:
a) Constitutionality or validity of
treaty, international or executive
agreement,
law,
presidential
decree,
proclamation,
order,
instruction,
ordinance
or
regulation
b) Legality
of
tax,
impost,
assessments, or toll, or penalty in
relation thereto
c) Cases in which jurisdiction of
lower court is in issue
ii.
All cases in which only errors or
questions of law are involved.
Special civil action of certiorari filed within 30
days against the COMELEC / COA

Criminal Cases
Petitions for issuance of writs of
certiorari, prohibition and mandamus
against the following:
1. Court of Appeals
2. Sandiganbayan

1.

In cases where the Court of Appeals

imposes reclusion perpetua, life
imprisonment or a lesser penalty,
the judgment may be appealed to
the Supreme Court by notice of
appeal filed with the Court of
Appeals. (A.M. No. 00-5-03-SC,
September 28, 2004).

2.

Automatic review for cases of death

penalty rendered by the Court of
Appeals (A.M. No. 00-5-03-SC,
September 84, 2004).

i.

Note: Where the judgment 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 automatic review from the
Court of Appeals to the Supreme Court
shall include such lesser offense (A.M.
No. 00-5-03-SC, September 28, 2004).

3.

Petition for review on certiorari

(Rule 45) from the Sandiganbayan if
penalty is less than death, life
imprisonment
or reclusion
perpetua in criminal cases, and, in
civil cases; (A.M. No. 00-5-03-SC,
October 12, 2004).
4. Notice of appeal from the
Sandiganbayan if it imposes life
imprisonment
or reclusion
perpetua or where a lesser penalty
is imposed involving offenses
committed on the same occasion or
which arose out of the same
occurrence that gave rise to the
more serious offense for which the
penalty
of
death, reclusion
perpetua of life imprisonment is
imposed
(A.M. No. 00-5-03-SC,
October 12, 2004).
5. Automatic review of death penalty
imposed by the Sandiganbayan in
the
exercise of
its
original
jurisdiction (A.M. No. 00-5-03-SC,
October 12, 2004).

6.

7.
Concurrent
With CA
1. Petitions for issuance of writs of
certiorari, prohibition and mandamus
against the following:
a. NLRC under the Labor Code.

Automatic review whenever the

Sandiganbayan, in the exercise of
its appellate jurisdiction, finds
that the penalty of death, reclusion
perpetua or
life
imprisonment
should be imposed (A.M. No. 00-503-SC, October 12, 2004).
Appeals from RTC in which only
errors or questions of law are
involved.

Petitions for issuance of writs of

certiorari, prohibition and mandamus
against the RTC and lower courts.

Note: The petitions must first be filed with

the CA, otherwise, they shall be dismissed
(St. Martin Funeral Home v. CA, G.R. No.
130866, Sept. 16, 1998).
b. Civil Service Commission
c. Quasi-judicial agencies (file with the
CA first)
d. RTC and lower courts;
2.

Petitions for issuance of writ of kalikasan

(Sec. 3, Rule 7, A.M. No. 09-6-8-SC).
With CA and RTC
1. Petitions for habeas corpus and quo
warranto; and
2. Petitions for issuance of writs of
certiorari, prohibition and mandamus
against the lower courts or other bodies
With CA, SB and RTC
1. Petitions for the issuance of writ of
amparo
2. Petition for writ of habeas data, where
the action involves public data or
government office
With RTC
Actions affecting ambassadors and other public
ministers and consuls

Petitions for issuance of writs of

certiorari, prohibition and mandamus
against the lower courts or bodies.

Petitions for the issuance of writ of

amparo and writ of habeas data
With Sandiganbayan
Petitions for mandamus, prohibition,
certiorari, injunctions and ancillary writs
in aid of its appellate jurisdiction
including quo warranto arising or that
may arise in in cases filed under EO
Nos. 1, 2, 14 and 14-A