1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan. All criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused is not […]
Howard
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; 2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years regardless of the fine and other accessory penalties and civil liability 3. Offenses involving damage to property through […]
Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other hand, the Supreme Court and the Court of Appeals may refer the case to the court of proper jurisdiction.
The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of the litigation. It remains with the court until the case is finally terminated. The exception to this is where a subsequent statute changing the jurisdiction of a […]
G.R. No. L-6355-56 – 93 – Phil. 699 – Political Law – The Judiciary – The Legislature – Separation of Powers Statutory Construction – Who May Interpret Laws Saturnino David, the then Collector of Internal Revenue (CIR), ordered the taxing of Justice Pastor Endencia’s and Justice Fernando Jugo’s (and other […]
G.R. No. 113811 – 237 SCRA 538 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Suspension of PNP Members Charged with Grave Felonies Ishmael Himagan was a policeman assigned in Davao City. He was charged for the murder of Benjamin Machitar, Jr. and for […]
G.R. No. 132344 – 327 SCRA 804 – Civil Law – Human Relations – Article 19 of the Civil Code In 1987, Romeo Jader was a graduating law student at the University of the East. He failed to take the regular examination in Practice Court 1 for which he was […]
G.R. No. L-32717 – 36 SCRA 228 – Statutory Construction – Ejusdem Generis Political Law – Bill of Rights – Freedom of Expression Amelito Mutuc was a candidate for delegate to the Constitutional Convention (1970). His candidacy was given due course by the Commission on Elections (COMELEC) but he was […]
G.R. No. 149907 – 585 SCRA 140 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Access to Medicine In 2000, Roma Drug, owned by Romeo Rodriguez, was raided by the NBI upon request of Smithkline – a pharmaceutical company (now Glaxo Smithkline). Roma Drug […]
G.R. Nos. 164684-85 – 474 SCRA 761 – Political Law – Constitutional Law – Due Process; Private Entities – Procedural Due Process Labor Law – Labor Relations – Termination of Employment – Twin Notice Rule Antonio Tiamson was a radio technician at PLDT (Philippine Long Distance Telephone Company, Inc.). In 1994, […]
G.R. No. 126594 – Political Law – Constitutional Law – Bill of Rights – Equal Protection The Legislative Department – Undue Delegation Imelda Marcos was charged for violating Central Bank Circular No. 960 which banned residents, firms, associations and corporations from maintaining foreign exchange accounts abroad without permission from the […]
G.R. No. 78742 – G.R. No. 79777 – 175 SCRA 343 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Valid Classification Eminent Domain – Just Compensation These are four consolidated cases questioning the constitutionality of the Comprehensive Agrarian Reform Act (R.A. No. 6657 and related laws […]
The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds in favor of the accused against whom the entire machinery of the state is mobilized.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts are […]
G.R. No. 122389 – 274 SCRA 358 – Political Law – Constitutional Law – Due Process; Administrative Bodies – May a commissioner review a case he decided when he was still an arbiter Miguel Singson was an employee of the Philippine Air Lines (PAL). In 1991, a Japanese national alleged […]
1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge is […]