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WHAT IS THE BASIS IN DETERMINING THE NATURE

OF AN ACTION AND THE JURISDICTION OF THE II. Officers not occupying grade 27 or higher.
COURT?
Civil Procedure Jurisdiction is vested in the proper MTC, RTC as
It is axiomatic that the nature of an action and the case may be.
whether the tribunal has exclusive jurisdiction
over such action are to be determined from: 1. SB has exclusive appellate jurisdiction on
 the material allegations of the complaint, appeals from the final judgments,
 the law in force at the time the complaint resolutions or orders of regular courts
is filed, and where all the accused are occupying
 the character of the relief sought positions lower than grade 27;
irrespective of whether plaintiff is 2. SB has exclusive original jurisdiction over
entitled to all or some of the claims petitions for the issuance of the writs of
averred. mandamus, prohibition, certiorari, habeas
corpus, injunction and other ancillary writ
Jurisdiction is not affected by the pleas or the and processes in aid of its appellate
theories set up by the defendant in an answer to jurisdiction, provided that the jurisdiction
the complaint or a motion to dismiss the same. over these petitions shall not be exclusive of
Otherwise, jurisdiction would be dependent the SC;
almost entirely upon the whims of defendants. (AC
Enterprise vs. Frabelle Properties Corp. G.R. No. (Note: This means that that these petitions can be
166744. Nov. 2, 2006, Callejo, J). filed directly with the SC).
RA 7975 3. All cases elevated to the SB and from the SB,
the office of the Ombudsman shall represent
I. Jurisdiction of the SBN the state, thru its special prosecutor;
4. If a private individual is charged with a public
1. Violations of RA 3019 – The Anti-Graft and officer, they shall be triad jointly;
Corrupt Practices Act, RA 1379, Chapter II,
Sec. 2, Title VII of the RPC where one of the a. Criminal and civil actions for the recovery
principal accused are officials occupying the of civil liability arising from the offense
following positions in the government, shall be filed simultaneously or be deemed
whether in a permanent, acting or interim to be jointly filed;
capacity at the time of the commission of the b. No reservation of the right to file a civil
offense, like – action;
a. Officials of the executive branch c. If the civil action has been filed ahead and
occupying the positions of regional no judgment yet when the criminal is filed,
director or higher otherwise classified as the civil cases shall be transferred to the
grade 27 and up; SB or appropriate court for consolidation
b. Members of Congress and officials and joint determination with the criminal,
thereof classified as grade 27 and up; otherwise, the separate civil action shall be
c. Members of the judiciary without deemed abandoned;
prejudice to the provisions of the III.
Constitution; 1. Final orders and judgments shall have findings
d. Chairmen and Members of the of facts.
Constitutional Commissions without 2. Petition for reconsideration to be filed within 15
prejudice to the Constitution; days from promulgation or notice of the orders,
e. All other national and local officials etc.. Motion for Reconsideration to be decided
within 30 days from submission.
classified as grade 27 and higher.
3. Decisions to be enforced in the manner
prescribed by law.
2. Other offense and felonies committed by the 4. Decisions and final orders of courts appealable
public officials in relation to their office; within 15 days from promulgation.
3. Civil and criminal cases filed pursuant to and in
connection with EO Nos. 1, 2, 14 and 14-A;

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