Reviewer
Reviewer
What is jurisdiction?
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal
to hear and determine certain controversies.It is the power of courts to hear and
determine a controversy involving rights which are demandable and enforceable.
Distinguish jurisdiction from venue.
Venue is defined as the particular country or geographical area in which a court with
jurisdiction may hear and determine a case. Itmeans the place of trial. On the other
hand, jurisdiction is the power of the court to decide the case on the merits. Venue is
thusprocedural, while jurisdiction is substantive. In civil cases, venue may be waived or
stipulated by the parties. On the other hand, jurisdiction is granted by law or the
Constitution and cannot be waived or stipulated.
to the offender after trial but to theextent of the penalty which the law
imposes for the crime charged in the complaint.
If during the proceedings, the court finds that it has no jurisdiction, how
should it proceed?
Where the court has no jurisdiction, lower courts should simply dismiss the
case. On the other hand, the Supreme Court and theCourt of Appeals may
refer the case to the court of proper jurisdiction.
What is the jurisdiction of Municipal Trial Courts in criminal cases?
1.
Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respectiveterritorial 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 criminal negligence
4.
Where the only penalty provided by law is a fine: exclusive original
jurisdiction over offenses punishable with a
fine notexceeding P4,000
5.Election offenses:
Failure to register or failure to vote
6.Special Jurisdiction to hear and decide petitions for a writ of
habeas corpus
or application for
bail
in the province or citywhere the
RTC judge is absent
7 . B P 2 2 ( ? )
What is the jurisdiction of Regional Trial Courts in criminal cases?
1.
Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, exceptthose falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan.
All criminal cases where the penalty ishigher than 6 years, including
government-related cases wherein the accused is not
one of those falling under the jurisdiction of
the Sandiganbayan.2.Other laws which specifically lodge jurisdiction
in the RTC:a . L a w o n wr i t t e n d e f a m a t i o n o r l i b e l b . D e c r e e o n
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