SOURCES OF CRIMINAL PROCEDURE
 the place where the crime was committed determines not only venue of
 1987 Philippine Constitution
 The Revised Rules on Criminal Procedure Rules 110-127 as amended
Dce 1, 200 AM No. 00-5-03-SC
 BP 129 Judiciary Reorganization Act of 1980
 RA 7691 an Act expanding the jurisdiction of MTC, MeTC, MCTC
 PD 1606 an act establishing Sandiganbayan
 RA 6770 otherwise known as Ombudsman Act of 1989
IN ALL CRIMINAL PROCEEDING means proceeding before the trial
court from arraignment to rendition of judgment
 Injunction will not lie to restrain criminal prosecution
 because public interest requires that criminal acts be immediately
investigated and prosecuted for the protection of society
EXCeptions Institution of criminal actions discretionary with the fiscal
(quasi-judicial function)
 to afford adequate protection to the consti rights of the accused
 when necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions
 when there is prejudicial question which is subjudice
 when the acts of the officer are without or in excess of authority
 where the prosecution is under an invalid law ordinance or regulation
 where the court has no jurisdiction over the offense
 where the charges are manifestly false and motivated by the lust for
vengeance
 when there is clearly no prima facie case against the accused and to quash
on that ground has been denied
VENUE is jurisdictional
the action but is an essential element of jurisdiction
In case the court has no jurisdiction over the subject matter of the action or over
the offense charged, it shall be ground for a motion to quash – that the court has
no jurisdiction over the offense charged and the case will be dismissed
 TERRITORIAL JURISDICTION in criminal cases is the territory where
the court has jurisdiction to take cognizance or to try offense allegedly
committed by the accused
SUPREME COURT
ORIGINAL
The SC shall exercise original jurisdiction over cases affecting ambassadors,
public ministers and consuls and over petitions for certiorari, prohibition
mandamus, habeas corpus, amparo and data
CONCURRENT
with Court of Appeals, Sandiganbayan, and RTC over cpm, hc, a, d
APPELLATE
by way of petition for review on certiorari under Rule 45 of 1997 Rules of Civil
Procedure in relation to Rule 125 of Revised Rule of Crim pro
 decision, final order or resolution by CA
 decision final order or reso by Sandiganbayan (PD 1606 as amended
7975 and RA 8249 in rel to Rule 45
 Decision, final order or resolution of CTA en banc (section 11 of RA
9282)
 Decision of Shariah Appellate Courts
 from RTC where only an error or question of law is involved
 CA, SB and RTC in petition for writ of amparo and habeas data filed in a
pending case
COURT OF APPEALS
Original
The CA shall exercise original jurisdiction over cases affecting ambassadors,
public ministers and consuls and over petitions for certiorari, prohibition
mandamus, habeas corpus, amparo and data
Appellate
 by ordinary appeal
Decision and f.o by the RTC in the exercise of its original jurisdiction except
those appealable to the SC or Sandiganbayan or CTA
 by petition for review
Decision and final orders rendered by RTC in the exercise of its appellate
jurisdiction can be appealed by petition for review under Rule 42 in relation to
Rule 122
 automatic review of the decision of RTC when the penalty imposed is
death, reclusion perpetua or life imprisonment
SANDIGANBAYAN
Section 4. Section 4 of the same decree is hereby further amended to read as
follows:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the
Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II,
Section 2, Title VII, Book II 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:
"(1) 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:
"(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 or
higher;
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or -
controlled corporations, state universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and up
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 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.
"b. Other offenses orfelonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of
this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to
salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or
military or PNP officers mentioned above, exclusive original jurisdiction
thereof shall be vested in the proper regional trial court, metropolitan trial
court, municipal trial court and municipal circuit trial court ' as the case may be,
pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129,
as amended.
ORIG/CONCURRENT
with SC and CA
 petition for issuance of writs cpm, hc and injunction and other ancillary
writs including quo warranto in cases falling under E.O. 1, 2, 14, 14-A
 petition for writ of amparo
 over petition for habeas data
concurrent with SC, CA and RTC
 petition for writ of amparo and habeas data when action concerns public
data files of government offices
 petition for c,p, m relating to an act or omission of MTC, corporation,
board, officer or person
APPELLATE JURISDICTION
decisions and final orders of RTC in the exercise of their orig and appellate
jurisdiction under PD 16006 shall be appealable to SB
COURT OF TAX APPEALS
exclusive orig jurisdiction over all criminal offense arising from violations
of NIRC or Tariff and Custom Code and other laws administered by BIR
or BOC Provided howeverthat offenses or felonies mentioned in this par
where the principal amt of taxes and fees, exclusive of charges and
penalties claimed is less than 1 million pesos or where there is no specified
amt claimed shall be tried by regular courts and the jurisdiction of CTA
shall be appellate
REGIONAL TRIAL COURT
Original/ Exclusive
 criminal cases not within the exclusive jurisdiction of any court,
tribunal or body
 criminal cases where the penalty provided by law exceeds six years
imprisonment irrespective of fine
 in cases where none of the accused are occupying positions
corresponding to SG 27 or higher as prescribed in said RA 6758
 in cases where the only penalty provided by law is fine, the RTC
have jurisdiction if the amount of fine exceeds 4,000 pesos
 jurisdiction over complex crimes
 illegal recruitment cases as penalized under RA 8042 as amended
by RA 10022
 violation of the provisions of IP Code
 violations of Environmental laws, rules and regulations
CONCURRENT with SC
actions affecting ambassadors, pm and consul
CONCURRENT with SC and CA
petition for habeas corpus and qw
CONCURRENT with SC, CA and SB
  petition for writ of amparo and habeas data when action concerns public
data files of government offices
 petition for c,p, m relating to an act or omission of MTC, corporation,
board, officer or person
CONCURRENT with MTC
application for protection order under Section 10 RA 9282 unless there is a
FC in the residence of petitioner
APPELLATE
decision and fo of MTC, MeTC, MCTC
SPECIAL JURISDICTION OF RTC
 criminal cases
 juvenile and domestic relations cases
 agrarian cases
 urban land reform cases which do not fall under jurisdiction
ofquasi judicial bodies
FAMILY COURTS
original and exclusive jurisdiction of RTC acting as Family Court
 a) 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 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.
 Cases against minors cognizable under the Dangerous Drugs Act, as
amended;
 Violations of Republic Act No. 7610, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act," as amended by Republic Act No. 7658
 violation of RA 9775 Anti Child Pornography of 2009
 cases of violence against women and their children under RA 9262
including application for protection orders
 criminal cases involving juveniles if no preliminary investigation is
required under Sec 1 of Rule 112
MUNICIPAL TRIAL COURT
 Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction
 Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of
fine,
 offenses involving damage to property through criminal negligence
regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon
 all offenses (except violation of RA 3019) committed by public
officers and employee in relation to their public office including
employed in GOCC punishable with imprisonment of not more than 6
years with salary grade of less than 27
RULES ON SUMMARY PROCEDURE
 traffic violations
 violations of rental law
 violation of city and municipal ordinances
 all other offenses where penalty does not exceed 6 months (libel
case by means of writing or similar means (Article 355), indirect
bribery, other forms of bribery penalized under RC Article 210)
liabilities and in offenses involving damage to property through
criminal negligence where the imposable fine does not exceed
10,000 pesos
 SPECIAL JURISDICTION
 petition for habeas corpus
 application for bail in criminal cases
SHARI’AH CIRCUIT COURTS
 Illegal solemnization of marriage
 Marriage before the expiration of idda (Article 182)
 Offenses relative to subsequent marriage, divorce, and revocation of divorce
 failure to report for registration
 neglect of duty by registrars
OFFICE OF THE SOLICITOR GENERAL
SECTION 35. Powers and Functions.—The Office of the Solicitor General
shall represent the Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any litigation, proceeding,
investigation or matter requiring the services of a lawyer. When authorized by
the President or head of the office concerned, it shall also represent
government-owned or controlled corporations. The Office of the Solicitor
General shall constitute the law office of the Government and, as such, shall
discharge duties requiring the services of a lawyer. It shall have the following
specific powers and functions:
 Represent the Government in the Supreme Court and the Court of
Appeals in all criminal proceedings; represent the Government and its
officers in the Supreme Court, the Court of Appeals, and all other
courts or tribunals in all civil actions and special proceedings in which
the Government or any officer thereof in his official capacity is a
party.
 Deputize, whenever in the opinion of the Solicitor General the public
interest requires, any provincial or city fiscal to assist him in the
performance of any function or discharge of any duty incumbent upon
him, within the jurisdiction of the aforesaid provincial or city fiscal.
When so deputized, the fiscal shall be under the control and
supervision of the Solicitor General with regard to the conduct of the
proceedings assigned to the fiscal, and he may be required to render
reports or furnish information regarding the assignment.
 Deputize legal officers of government departments, bureaus, agencies
and offices to assist the Solicitor General and appear or represent the
Government in cases involving their respective offices, brought before
the courts, and exercise supervision and control over such legal
Officers with respect to such cases.
DEPARTMENT OF JUSTICE
SECTION 3. Powers and Functions.—To accomplish its mandate, the
Department shall have the following powers and functions:
(1) Act as principal law agency of the government and as legal counsel and
representative thereof, whenever so required;
(2) Investigate the commission of crimes, prosecute offenders and administer
the probation and correction system;
(3) Extend free legal assistance/representation to indigents and poor litigants
in criminal cases and non-commercial civil disputes;
(4) Preserve the integrity of land titles through proper registration;
(5) Investigate and arbitrate untitled land disputes involving small landowners
and members of indigenous cultural communities;
(6) Provide immigration and naturalization regulatory services and implement
the laws governing citizenship and the admission and stay of aliens;
(7) Provide legal services to the national government and its functionaries,
including government-owned or controlled corporations and their subsidiaries;
and

(8) Perform such other functions as may be provided by law.