Outline of Jurisdiction

Outline of Jurisdiction JOJO JOJO 4 5 2002-01-09T02:15:00Z 2002-01-14T05:17:00Z 2 574 3276 SUPREME COURT 27 6 4023 9.2720 90

OUTLINE OF JURISDICTION

1. SUPREME COURT

A. Original

1. Exclusive

Petitions for issuance of writs of certiorari , prohibition and mandamus against the following:

1.1 Court of Appeals

1.2 Commission on Elections

1.3 Commission on Audit

1.4 Sandiganbayan

2. Concurrent

2.1 with Court of Appeals

Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

2.1.1 National Labor Relations Commission under the Labor Code (Section 9 of B. P. Blg. 129 as amended by RA 7902, St. Martin Funeral Homes v. National Labor Relations Commission , G. R. No. 130866, September 16, 1998, 295 SCRA 494)

Note: However, the petitions should be filed with the Court of Appeals; otherwise, they shall be dismissed. (A. M. No. 99-2-01-SC)

2.1.2 Civil Service Commission (RA 7902)

2.1.3 Central Board of Assessment Appeals (PD 464; Sec. 9 of BP 129 as amended by RA 7902)

2.1.4 Court of Tax Appeals and Quasi-Judicial Agencies (Rule 43, 1997 Rules of Civil Procedure)

2.1.5 Regional Trial Courts and lower courts

2.2 with the Court of Appeals and Regional Trial Courts

2.2.1 Petitions for habeas corpus and quo warranto

2.2.2 Petitions for issuance of writs of certiorari , prohibition and mandamus against the lower courts or bodies (Sec. 9[1] and Sec. 21 [1] of BP 129; Vergara v. Suelto , No. L-74766, December 21, 1987, 156 SCRA 763 [1987])

2.3 with Regional Trial Courts

Actions affecting ambassadors and other public ministers and consuls (Sec. 5[1] Article VIII, Constitution, Sec. 21[2] of BP 129, Schneckenburger v. Moran, 63 Phil 249 [1936])

B. Appellate

1. Notice of Appeal

1.1 From Regional Trial Courts or the Sandiganbayan in all criminal cases involving offenses for which the penalty imposed is reclusion perpetua or life imprisonment, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion (Sec. 17 of Judiciary Act of 1948: Sec. 9[3] of BP 129; Sec. 5[2-d], Article VIII, Constitution; Sec. 3[c] of Rule 122; Sec. 5 of RA 8249) Exception: People v. Plateros, No. L-37162, May 30, 1978, 83 SCRA 401

1.2 Automatic review in criminal cases where the death penalty is imposed by the Regional Trial Court or the Sandiganbayan (RA 7659 and 8249; Secs. 3 [d] and10 of Rule 122)

2. Petition for Review on Certiorari

2.1 Appeals from the Court of Appeals (Sec. 17 of Judiciary Act of 1948 as amended by RA 5440; Sec. 5[2] Article VIII, Constitution; Rule 45 of 1997 Rules of Civil Procedure)

2.2 Appeals from the Sandiganbayan on pure questions of law, except cases where the penalty imposed is reclusion perpetua , life imprisonment or death (Sec. 7 of PD 1606 as amended by RA 8249; Nu�ez v. Sandiganbayan, Nos. L-50581-50617, January 20, 1982, 111 SCRA 433; Rule 45 Ibid .)

2.3 Appeals from Regional Trial Courts exercising original jurisdiction in the following cases:

2.3.1 If 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) Jurisdiction of lower court

2.3.2 All cases in which only errors or questions of law are involved (Sec. 5[2-a,b,c, and e], Article VIII, Constitution, Sec. 9[3] of BP 129); Rule 45 Ibid ; Sec. 2[c] of Rule 41; Sec. 3[e] of Rule 122)

3. Special Civil Action of Certiorari filed within thirty days against the following:

3.1 Commission on Elections (Sec. 7, Article IX-A Constitution; Aratuc v. Comelec, No. L-49705-09, Feb. 8, 1979, 88 SCRA 251)

3.2 Commission on Audit ( Ibid. 1987 Constitution) (Rule 64, 1997 Rules of Civil Procedure)