Jurisdiction CA Flashcards

1
Q

Exclusive Original

Civil
Criminal

A

Civil
Actions for annulment of judgments of RTC based upon extrinsic fraud or lack of jurisdiction. (Sec. 9, B.P. No. 129; Rule 47, ROC, as amended

Criminal
1. Actions for annulment of judgments of RTC (Sec. 9, B.P. No. 129);

  1. Crimes of Terrorism under the Human Security Act of 2007 or R.A. No. 9372.
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2
Q

Appellate- Civil

A
  1. Final judgments, decisions, resolutions, orders, awards of:

a. RTC (original or appellate jurisdiction);
b. Family Courts; RTC on the questions of constitutionality, validity of tax, jurisdiction involving questions of fact, which should be appealed first to the CA;
c. Appeals from RTC in cases appealed from MTCs which are not a matter of right;

  1. Appeal from MTC in the exercise of its delegated jurisdiction (R.A. No. 7691);
  2. Appeals from Civil Service Commission;
  3. Appeals from quasi-judicial agencies under Rule 43;
  4. Appeals from the National Commission on Indigenous Peoples (NCIP); and
  5. Appeals from the Office of the Ombudsman in administrative disciplinary cases. (Mendoza-Arce v. Office of the Ombudsman, G.R. No. 149148, 05 Apr. 2002) (2006 BAR)
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3
Q
A

Judgments or decisions of RTC via notice of appeal (except those appealable to the SC or Sandiganbayan):

  1. Exercising its original jurisdiction;
  2. Exercising its appellate jurisdiction; and
  3. Where the imposable penalty is: a. Life imprisonment or reclusion perpetua; or

b. A lesser penalty for offenses committed on the same occasion or which arose from the same occurrence that gave rise to the offense punishable reclusion perpetua or life imprisonment (Sec. 3, Rule 122, ROC, as amended).

Automatic review in cases of death penalty rendered by the RTC, in which case, it may decide on whether or not to affirm the penalty of death. If it affirms the penalty of death, it will render a decision but will not enter the judgment because it will then be forwarded to the SC.

NOTE: Death penalty imposed by the RTC is elevated to the CA by automatic review while death penalty imposed by the Sandiganbayan whether in its original or appellate jurisdiction is elevated to the SC for automatic review.

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4
Q

Appellate-Criminal

A

Judgments or decisions of RTC via notice of appeal (except those appealable to the SC or Sandiganbayan):

  1. Exercising its original jurisdiction;
  2. Exercising its appellate jurisdiction; and
  3. Where the imposable penalty is: a. Life imprisonment or reclusion perpetua; or

b. A lesser penalty for offenses committed on the same occasion or which arose from the same occurrence that gave rise to the offense punishable reclusion perpetua or life imprisonment (Sec. 3, Rule 122, ROC, as amended).

Automatic review in cases of death penalty rendered by the RTC, in which case, it may decide on whether or not to affirm the penalty of death. If it affirms the penalty of death, it will render a decision but will not enter the judgment because it will then be forwarded to the SC.

NOTE: Death penalty imposed by the RTC is elevated to the CA by automatic review while death penalty imposed by the Sandiganbayan whether in its original or appellate jurisdiction is elevated to the SC for automatic review.

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5
Q

Concurrent with SC Civil

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

a. NLRC under the Labor Code;
b. Civil Service Commission;
c. Quasi-judicial agencies; and d. RTCs and other lower courts;

  1. Petitions for issuance of writ of Kalikasan. (Sec. 3, Rule 7, A.M. No. 09-6-8-SC)
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6
Q

Concurrent with SC Criminal

A

Petitions for issuance of writs of certiorari, prohibition and mandamus against the RTCs and lower courts

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7
Q

Concurrent with SC and RTC- Civil

A
  1. Petitions for habeas corpus and quo warranto; and
  2. Petitions for the issuance of writs of certiorari, prohibition and mandamus against the lower courts.
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8
Q

Concurrent with SC and RTC- Criminal

A

Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies

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9
Q

Concurrent with SC, SB and RTC- Civil

A
  1. Petitions for the issuance of writ of amparo;
  2. Petition for writ of habeas data, where the action involves public data or government office.
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10
Q

Concurrent with SC, SB and RTC- Criminal

A

Petitions for the issuance of writ of amparo and writ of habeas data

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