Jurisdiction- Sandiganbayan Flashcards

1
Q

Exclusive Original- Criminal A.

A

Exclusive Original

A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

  1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ‘27’ and higher, of the Compensation and Position Classification Act of 1989 (R.A. No. 6758), specifically including:

a. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads:

b. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city 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 rank;
e. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and 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 or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.

  1. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the Compensation and Position Classification Act of 1989;
  2. Members of the judiciary without prejudice to the provisions of the Constitution;
  3. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and
  4. All other national and local officials classified as Grade ‘27’ and higher under the Compensation and Position Classification Act of 1989.
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2
Q

Exclusive Original- Criminal B.

A

B. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office.

C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

NOTE: RTC shall have exclusive original jurisdiction where the information:

a. Does not allege any damage to the government or any bribery; or
b. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding P1,000,000. (Sec.4, P.D. 1606, as amended by R.A. No. 10660)

Exclusive original jurisdiction thereof shall be vested in the proper RTC, MeTC, MTC and MCTC, as the case may be, in cases where none of the accused are occupying positions corresponding to Salary Grade ‘27’ or higher, or military and PNP officers mentioned above. (Sec.4, P.D. 1606, as amended by R.A No. 10660)

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3
Q

Appellate

A

Final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

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4
Q

Concurrent with SC

A

Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise in cases filed under E.O. Nos. 1, 2, 14 and 14-A.

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5
Q

Concurrent with SC, CA and RTC

A

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

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