Criminal jurisdiction of RTC?

1. Exclusive criminal cases not within the exclusive jurisdiction of any court, except those under the jurisdiction of Sandiganbayan.
2. Original jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction,
enforceable in any part of their respective regions [Sec 21(1), B.P. 129, as amended by R.A. 7691]
3. Where the only penalty is a fine – amount shall determine the jurisdiction of the court (RTC – more than P4,000)
4. Appellate jurisdiction over all cases decided by the MTC
5. Election criminal cases (OEC, except failure to register and failure to vote)
6. Special jurisdiction to handle exclusively criminal cases as designate by the Supreme Court
7. Jurisdiction over criminal cases under special laws
A. Written defamation – Art 360 RPC
B. Comprehensive Dangerous Drugs Act – RA 9165
C. Intellectual property rights – RA 8293
D. The subdivision and condominium buyers' protective decree – PD 957
E. Money laundering cases (except if committed by public officers and private persons in conspiracy with the former –
Sandiganbayan)
F. Violations of the Child Abuse Act – RA 7610

Why do we say that the RTC is a court of general jurisdiction?

• Because it is the default court, if you cannot find in any law or rules of procedure requiring it to be filed in another court.

Does the RTC have jurisdiction over offenses committed by government officials?
• If not specifically listed under that of the Sandiganbayan.

Is there an instance where a drugs case is filed in the MTC?

• No. The Dangerous Drugs Act mandates that drug cases be filed before the RTC.

What courts have jurisdiction over copyright infringement cases, violations of the intellectual property code (1 yr to 5
yrs. imprisonment)?
• The law provides that case be tried by the RTC.

Does the RTC have appellate jurisdiction?

• Yes, over all cases decided by the MTC.

What is the jurisdiction of a Family Court?

• Accused is below 18 years old
• One or more of the victims is a minor at the time of the commission of the offense
• Cases against minors cognizable under the Dangerous Drugs Act, as amended.
• Cases of VAWC

Supposing accused was charged for slight physical injuries (less than 6 years) together with the minor are adult persons.
Supposing there are 4 accused, 3 adults, 1 minor. Malicious mischief is punishable below 6 years, where will you file the
case?
• At the RTC, in its capacity as a Family Court, not just any RTC.

Supposing the accused is a habitual delinquent, and penalty is aggravated. Will you include the habitual delinquency in
the determination of jurisdiction?
• The additional penalty for HABITUAL DELINQUENCY is not considered in determining jurisdiction because such delinquency is not
a crime (Legados v. de Guzman, G.R. No. 35285, Feb. 20, 1989).

Who is a habitual delinquent?

• A Habitual Delinquent is one who within a period of 10 years from the date of his last release or conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any said crimes a third time or
oftener.

Rules on Habitual delinquency

1. Refers only to certain crimes: serious and less serious physical injuries, robbery, theft, estafa and falsification
2. It results in an additional penalty not merely an increase in the penalty.
3. The additional penalty is imposed upon a third conviction.
4. The 10 years shall always be computed from the last conviction or release.
5. The subsequent crimes must be committed after conviction.

Is there an impact if recidivist ka sa penalty? Yes dba kay ma increase? So do you consider the original penalty or the
increased penalty?
• HD and recidivism are not crimes. So, do not consider the additional imprisonment. Disregard the computation for the additional.
Only consider penalty involved in the alleged crime committed by the accused.

Criminal Jurisdiction of Sandiganbayan? What are crimes cognizable under SB?

From PD 1606, as amended
1. Violations of RA No. 3019 or the Anti-Graft and Corrupt Practices Act
2. Violations of RA No. 1379 or the Forfeiture Act
3. Bribery and Corruption of Public Officers (Book 2, Title 7, Section 2, Chapter 2, RPC
4. Other offenses or felonies, whether simple or complexed with other crimes, committed by public officials in relation to their office.
5. Violations of Executive Orders 1, 2, 14, 14-A of 1986 (Marcoses’ Ill-gotten wealth cases).
Others, from special laws:
6. All prosecutions under the Plunder law (RA 7080) must be prosecuted before the Sandiganbayan.
7. The money laundering cases committed by public officers and private persons who are in conspiracy with the former,
shall be under the jurisdiction of the Sandiganbayan. (RA 9160 Anti-Money Laundering Law)

What are the offenses where a public officer may commit under Anti-Graft?
a. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations
duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to commit such violation or offense.
b. Requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection
with any contract between the Government and any other party, wherein the public officer in his official capacity has to intervene
under the law. (Ex. Kickbacks, SOP for projects)
c. Requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or
license. (Ex. Kickbacks, SOP for projects)
d. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with
him during the pendency thereof or within one year after its termination. (Ex. Manifest conflict of interest)
e. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. (Ex. Padrino system)
f. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time
on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in
the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other interested party. (Ex. Anti Red Tape violation)
g. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to
the same, whether or not the public officer profited or will profit thereby. (Ex. Renting out gov’t property for a low consideration)
h. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any
interest.
i. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval,
even if he votes against the same or does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or group to which they belong.
j. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or
not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so
qualified or entitled.
k. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position
to unauthorized persons, or releasing such information in advance of its authorized release date.

What is this Forfeiture Act all about?

• Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of
proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been unlawfully acquired.
• Punishable acts:
1. Transfer or conveyance of any unlawfully acquired property by any public officer or employee; or
2. Acceptance of such transfer or conveyance by any person

What is plunder? What is its threshold?

• Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of
overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death.

What are the crimes under Book 2 Title VII Chapter 2 Section 2?
• Bribery and Corruption of Public Officers

Who are the persons who are held liable under SB?
1. Officials of the executive branch occupying the position of regional director and higher (should have a salary grade of 27 or
higher)
Note: Those listed from a-g need not have a SG27 or up
a. Provincials governors, vice-governors, members of the provincial council, provincial treasurer, assessors, engineers, and
other provincial department heads
b. City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers and other
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 ranks
e. Officers of the PNP 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 of 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
3. Members of the Judiciary without prejudice to the provisions of the Constitution
4. Chairmen and members of Constitutional Commissions (COMELEC, COA, CSC) without prejudice to the provisions of the
Constitution
5. All other national and local officials classified as Grade 27 and higher (In other words, even if the position is not among
listed, so long as the salary grade is 27 or above, Sandiganbayan can have jurisdiction)
• Example: An RTC clerk, even though not a member of the Judiciary, can still be under the jurisdiction of the Sandiganbayan
if their salary grade is 27 or higher.

Officials Needing a Salary Grade of 27 or Higher

The law mentions salary grade 27 only in relation to the following officials:
1. Officials of the executive branch, occupying the position of regional director and higher
2. Members of Congress or officials thereof
3. All other national and local officers not enumerated in a-g
Note: Officials listed in letters a-g are subject to the jurisdiction of the Sandiganbayan, regardless of salary grade.

Who are the officials under Executive branch cognizable under SB?
• See list above.

What are the constitutional commission?

• COMELEC, COA, CSC

Suppose you are a government officer not receiving any salary or any emoluments, can you be tried under
Sandiganbayan?
• If you are specifically listed in a to g, it doesn’t matter if you receive a salary, like the Student Regent of the University of the
Philippines, who does not receive any salary. The Regent sits as part of the Board of Regents, equivalent to a trustee, in the UP.
(Serana vs, Sandiganbayan)

Supposing you are municipal mayor (SG 27) of Minglanilla, you committed crime of rape, which court has JD?
• It depends, if in the information, the facts in the information allege that the crime of rape was connected with the discharge of his
functions as mayor or that there is an "intimate connection" between the offense and his office, then it should be tried by the
Sandiganbayan. Otherwise, it should be tied by the RTC.

When are offenses committed in relation to the office?

1. The offense cannot exist without the office (e.g. direct bribery, malversation of public funds). The office is a constituent element
of the crime as defined in the statute.
2. Even if the position is not an essential ingredient of the offense charged, provided that the information avers the intimate
connection between the office and the offense.

Supposing you are special prosecutor from Ombudsman, charging the Sangguniang Panlalawigan, how will you word the
allegation?
• “That on June 5, 2018, and within the jurisdiction of the honorable Sandiganbayan, the accused Sanguniang Panlalawigan Juan,
in the exercise of his official duties as such and taking advantage of his position, ordered that Juana, his Secretary, be brought to
his office, and then did then and there, willfully, unlawfully and feloniously raped the person of Juana, telling her that she would
not be promoted if she declines, by inserting his penis into the complainant’s vagina and with the use of force.”

If the public office is a constituent element, what is the general rule?

• If committed by the officials mentioned above, Sandiganbayan has jurisdiction.
• There is no more need to aver in the information that such was done in relation to the accused’s public office.

What do you mean by constituent element? Example of crimes wherein public office is a constituent element.
• The offense cannot exist without the office (e.g. direct bribery, malversation of public funds)

What about bribery? Why is it a constituent element? What are its elements?
Direct bribery (prision mayor in its medium and maximum periods)
• Bribe given “in connection with the performance of his official duties.”
• The money, the gift, the present, even a promise, must be given in consideration of the doing of the public official of something
in relation to his public position or condition.
• For it to be direct, there must be a condition or purpose for the giving of the bribe – kaliwaan.
• That purpose must be for the performance of an act in relation to the public officer’s official duties.
• For this to be consummated, what is important is not the actual receipt of the money/property, but the agreement of both
parties.

Indirect bribery (prision correccional in its medium and maximum periods)

• Bribe given by “reason of his office.”
• In Direct Bribery, mere promises are sufficient, but not in indirect bribery.
• In indirect bribery, there must be something that is given. If there is nothing that is given, there can be no indirect bribery so
meaning kung muingon ang person nga “Chief mangaon nya ta chief i treat tika sa Radisson,” waman mutunga. That is not indirect
bribery. There must be something given, a mere promise is not sufficient.
• There is no condition in giving the bribe. The bribe is given by reason of his being a public official.
What about malversation? Why is it a constituent element? What are its elements?
Malversation of Public Funds or Property Elements:
1. The offender is an accountable officer;
2. Public funds or property are involved;
3. He has custody by reason of his office;
4. There is misappropriation (either by himself or by another);
5. The misappropriation is committed through intent or negligence

Acts punished are:

1. Appropriating public funds of property;
2. Taking or misappropriating the same
3. Consenting, or thru abandonment or negligence, permitting other persons to take public funds or property;
4. o/w guilty of misappropriation or Malversation.

What about if what was committed by a Street Sweeper was plunder? Which court will try it?
• RA 7080 states that “Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan.”

Supposing that your barangay clerk committed indirect bribery, where will you file it?
• Indirect bribery for penalty is less than 6 years, so MTC.

Can the head of the accounting department in any instance, commit murder? Where to file? Is there an occasion na sa
Sandiganbayan? Give a scenario. (NOT ASKED, BUT I MADE UP THIS LINGAW SCENARIO 😊)
• While signing a voucher, the Chief Accountant got irritated by the fact that the preparer misspelled his name, so right there in his
office, he got his shotgun and blew up the preparer’s head. He then proceeded to the requesting department and declared that if
anybody misspells his name ever again, they’d end up like the deceased individual.

What about a municipal mayor, if he commits slander by deed (prison correctional), where will you file it?
• Even not listed in a-g, a municipal mayor receives SG 27, hence, if such crime has an intimate relation with his office, then it is
triable by the Sandiganbayan.
• When you slap one of your employees to cast dishonor upon his person (and there was no injury) during a meeting that you are
presiding over and where you act in your official capacity, then we can say that it has an intimate connection to his office, thus it
is cognizable by the Sandiganbayan.

What is the appellate jurisdiction of the Sandiganbayan?

• The Sandiganbayan is vested with Appellate Jurisdiction over final judgments, resolutions or orders of the RTC whether in
the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive
jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27.

What if a municipal councilor (not SG 27) committed a crime originally under the jurisdiction of the Sandiganbayan in
relation to his office, where will you file it?
• Regular courts, depending upon the imposable penalty.
• Where would you appeal?
➢ To the Sandiganbayan, as long as the case was decided by the RTC. Because this belongs to the appellate jurisdiction of the
Sandiganbayan.
➢ If the public officer receiving an SG below 27 was convicted by the MTC over an offense supposedly cognizable by the
Sandiganbayan, appeal to the RTC first before appealing to the Sandiganbayan.

After the Sandiganbayan affirms the judgment, where will you appeal?
• To the Supreme Court, under Rule 45.

Can Sandiganbayan issue writs of ________?

• Exclusive jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,
in aid of its appellate jurisdiction, provided, jurisdiction is not exclusive of the Supreme Court.
• This is only limited to matters appealable to the Sandiganbayan, as opposed to the CA, where the latter can issue these writs even
if it is not in aid of its appellate jurisdiction.

Examples:
• Scenario 1: Case of murder not in relation to the office, and the person involved is a municipal clerk. This must be tried by
the RTC. Then, nangayo ka ug furlough because nasunog imong balay and your relatives died in order to pay your last respects,
then the judge denied your petition, then you can file a writ of certiorari for the order of the RTC judge denying your
furlough with the CA. Kanang imo murder, wala nay appellate jurisdiction sa SB, so sa CA ka dapat mag-file.
• Scenario 2: Case of murder in relation to the office, and the person involved is a municipal clerk. This must be tried by the
RTC. Then, nangayo ka ug furlough because nasunog imong balay and your relatives died in order to pay your last respects, then
the judge denied your petition, then you can file a writ of certiorari for the order of the RTC judge denying your furlough
with the Sandiganbayan or CA. Sa Sandiganbayan kay ordinarily, Sandiganbayan has appellate jurisdiction over your case. But
pwede ghapon ka sa CA, whether or not it is in id of its appellate jursidction.

Who is the prosecutor in offenses cognizable by the Sandiganbayan?

• With the Office of the Special Prosecutor in the Office of the Ombudsman. It is adjunct in the Office of the Ombudsman but ists
function is to prosecute cases cognizable by the Sandiganbayan.
• The Office of the Special Prosecutor is subordinate to the Ombudsman.
Supposing a member of the City Council of Legaspi, City councilor allegedly committed Violation of Anti-Graft, together
with X, Y, and Z, who are private individuals. Which court?
• Sandiganbayan, as long as there is a public officer covered by the SB, any conspiracy by a private person with that public officer,
may be tried before the Sandiganbayan.
• Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit
it.
• What if, before filing, the City Councilor already died. Where will you file the case? If circumstances exist where the private
individual may no longer be charged in court (dead na), the private persons may be indicted alone.

A COMELEC Regional Director (SG 27) committed an election offense, which is in relation to his office, where would you
file it?
• I will file it with the RTC, as it is provided in the law, the Omnibus Election Code, even if it was committed by a public officer in his
official duties.

What is the jurisdiction of the Court of Tax Appeals?

1. Exclusive original jurisdiction over 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.
2. Offenses where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1,000,000.00 or
where there is no specified amount claimed, shall be tried by the regular Courts and the jurisdiction of the CTA shall be appellate.
3. Exclusive appellate jurisdiction in criminal offenses:
a. Over appeals from the judgments, resolutions or orders of the RTC in tax cases originally decided by them.
b. Over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over
tax cases originally decided by the MTC, MeTC and MCTC. (R.A. 1125 as amended by R.A. 9282).

Note:
Reclusion Perpetua 20 years and 1 day to 40 years.
Reclusion Temporal 12 years and one day to twenty years
Prision mayor and Temporary disqualification Six years and one day to twelve years
Prision Correction, suspension and destierro Six months and one day to six years
Arresto mayor One month and one day to six months
Arresto menor One day to thirty days