1987 Consti: Classification of Jurisdiction
1987 Consti: Classification of Jurisdiction
1987 Consti: Classification of Jurisdiction
Section 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.
Section 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.
CLASSIFICATION OF JURISDICTION
1) GENERAL JURISDICTION
> The power to adjudicate all controversies, except those expressly withheld from the plenary
powers of the court
2) SPECIAL JURISDICTION
> Which restricts the court’s jurisdiction only to particular cases and subject to such limitations as
may be provided by the governing law
3) ORIGINAL JURISDICTION
> The power of the court to take judicial cognizance of a case instituted for judicial action for the
first time under conditions provided by law;
4) APPELLATE JURISDICTION
> The authority of the court higher in rank to re-examine the final order, judgment or a lower
court which tried the case now elevated for judicial review
5) EXCLUSIVE JURISDICTION
> Power to adjudicate a case or proceeding to the exclusion of other courts at that stage
6) CONCURRENT JURISDICTION
> Sometimes referred to as the coordinate jurisdiction which is the power conferred upon
different courts whether of the same or different ranks, to take cognizance at the state of the same case
in the same or different judicial territories
7) DELEGATED JURISDICTION
> The grant of authority to inferior courts to hear and determine cadastral and registration cases
under certain conditions
8) SPECIAL JURISDICTION
> The power of the inferior courts to hear and decide petitions for writ of habeas corpus or
applications for bail in the absence of all RTC judges in the province or city. “Interlocutory jurisdiction”
9) TERRITORIAL JURISDICTION
> Refers to the geographical area within which its powers can be exercised:
MTC – within the municipality or city where it is located as may be defined by the SC
> In the Philippines, our courts are “both courts of law and of equity”
> Those which have no power to decide their own jurisdiction and only try cases permitted by the
statute
> Those which under the law, actions or proceedings may originally be commenced
> Those which have the power to review on appeal the decisions or orders of a lower court
5) SUPERIOR COURTS
> Those which have the power of review and supervision over another or lower court
6) INFERIOR COURTS
> Those which, in relation to another court, are lower in rank and subject to review and supervision by
the latter
> As used in the 1987 Constitution, the term “inferior courts” refer to all courts lower than the
Supreme Court
7) COURTS OF RECORD
> Those whose proceedings are enrolled and which are bound to keep a written record of all trials and
proceedings handled by them
> RA 6031 mandates to all MTC to be a court of record. Thus, Courts not of record, no longer exist
8) CONSTITUTIONAL COURTS
> Those which owe their creation and existence to the constitution and therefore cannot be legislated
out of existence or deprived by law of the jurisdiction and powers unqualifiedly vested in them by the
Constitution.
9) STATUTORY COURTS
> Those created, organized and with jurisdiction exclusively determined by law.
Ex. CTA
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GENERAL RULE: Jurisdiction, once acquired, continues until the case is finally terminated.
EXCEPTIONS:
1) When a subsequent law provides a prohibition for the continued exercise of jurisdiction;
3) When the accused is deprived of his constitutional rights such as where the court fails to provide
counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional
right;
4) Where the statute expressly provides, or is construed to the effect that it intended to operate as to
actions pending before its enactment;
5) When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void;
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise
exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter
be exclusively taken cognizance of by the latter.
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within
the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
JURISDICTION OF SANDIGANBAYAN
The jurisdiction of the Sandiganbayan is perhaps one of the most often
amended provision from the 1973 Constitution to RA 8249 of 1997. Before RA
8249, jurisdiction of the Sandiganbayan was determined on the basis of the
penalty imposable on the offense charged. Then, it was amended such that
regardless of the penalty, so long as the offense charged was committed by a
public officer, the Sandiganbayan was vested with jurisdiction. Under RA
8249, to determine whether the Sandiganbayan has jurisdiction, lawyers must
look into two (2) criteria, namely:
The nature of the offense and The salary grade of the public official.