Legal Questions

Are there courts that exercise special jurisdiction over criminal actions?

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Under the Philippines criminal justice system, Sandiganbayan is a court that exercises special criminal jurisdiction.

The Sandiganbayan is a court that exercises exclusive original jurisdiction over cases involving public officers having Salary Grade 27. Under this kind of jurisdiction over the subject matter, the commission of the offense in relation to the office is made as its basis of exercising jurisdiction. The office must be a constituent element of the crime so that the Sandiganbayan can take cognizance of a case.

The salary grade of a public officer as basis of determining jurisdiction of the Sandiganbayan is:

  1. The nature of the position occupied by the public officer
  2. The level of difficulty and responsibilities attendant to the office (Llorente vs Sandiganbayan, Jan. 19, 2000)

Another court of special jurisdiction is the Family Court. These courts are in level with the Regional Trial Courts. They exercise exclusive original jurisdiction over criminal cases where one or more of the accused is below 18 years of age; or where one or more of the offended parties is a minor below 18 years of age at the time of the commission of the offense on the assumption that the accused acted with discernment.

In the Muslim areas, the Sharia’h courts exist to exercise exclusive original jurisdiction over criminal cases involving:

  1. Offenses against customary law
  2. Illegal solemnization of marriage under the Muslim Code
  3. Marriages before the expiration of the prescribed “idda”
  4. Offense relative to subsequent marriage, divorce and revocation of divorce
  5. Failure to report for registration of any fact as required under the Muslim Code
  6. Neglect of duty of registrars to perform their duty under the Muslim Code
  7. All other cases involving offenses defined and penalized under the Muslim Code
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