Supreme Court's jurisdiction



THE SUPREME COURT'S JURISDICTION
Here is a summary of the power of the Supreme Court to hear and decide cases.

WHAT IS THE SC'S ORIGINAL JURISDICTION?

Exclusive jurisdiction on petitions for issuance of writs of certiorari, prohibition, and mandamus against the following:

[1] Court of Appeals
[2] Commission on Elections En Banc
[3] Commission on Audit (Sec. 7, Art. IX-A, 1987 Constitution)
[4] Sandiganbayan
[5] Court of Tax Appeals En Banc
[6] Ombudsman in criminal and non-administrative disciplinary cases

SC's Concurrent Jurisdiction with the Court of Appeals:


[1] Petitions for writs of certiorari, prohibition, and mandamus against the Civil Service Commission
[2] Petitions for writs of certiorari, prohibition and mandamus against the National Labor Relations Commission under the Labor Code

SC's Concurrent Jurisdiction with the Court of Appeals and the Regional Trial Courts:

[1] Petitions for habeas corpus and quo warranto
[2] Actions brought to prevent and restrain violations of laws concerning monopolies and combinations in restraint of trade (Republic Act No. 5440)

SC's Concurrent Jurisdiction with the Court of Appeals, the Sandiganbayan and the Regional Trial Courts

[1] Petitions for certiorari, prohibition and mandamus relating to an act or omission of a municipal trial court, or of a corporation, a board, an officer or person
[2] Petitions for issuance of writ of amparo (Sec. 3, A.M. No. 07-9-12-SC or “The Rule on the Writ of Amparo,” effective October 24, 2007)
[3] Petitions for issuance of writ of habeas data (Sec. 3, A.M. No. 08-1-16-SC effective February 2, 2008)

SC's Concurrent Jurisdiction with the Regional Trial Courts

[1] Actions affecting ambassadors and other public ministers and consuls (Sec. 5[1], Article VIII, 1987 Constitution; Sec. 21[2], Batas Blg. 129 [1983]) WHAT IS THE SC'S APPELLATE JURISDICTION?

Ordinary Appeal

From the Court of Appeals, in all criminal cases involving offenses for which the penalty imposed is reclusion perpetua or life imprisonment; or a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed. (Sec. 13[c], Rule 124, as amended by A.M. No. 00-5-03-SC, effective October 15, 2004, Sec. 13[b], Rule 124)

Petition for Review on Certiorari

[1] Appeals from Court of Appeals (Sec. 17, Rep. Act No. 296 [1948], as amended by Rep. Act No. 5440 [1969]; Sec. 5[2], Article VIII, 1987 Constitution; Rule 45, 1997 Rules of Civil Procedure)
[2] Appeals from the Sandiganbayan on pure questions of law, except cases where the penalty imposed isreclusion perpetua, life imprisonment, or death (Sec. 7, Pres. Decree No. 1606 [1979], as amended by Rep. Act No. 8249 [1997]; Nunez vs. Sandiganbayan, Nos. L-50581-50617, January 20, 1982, 111 SCRA 433; Rule 45,ibid. )
[3] Appeals from judgments or final orders of Regional Trial Courts exercising original jurisdiction in the following:

1) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;
2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
3) All cases in which the jurisdiction of any lower court is in issue;
4) All cases in which only an error or question of law is involved. (Sec. 5[2-a, b, c, and e], Article VIII, 1987 Constitution; Sec. 17, Rep. Act No. 296 [1948], as amended; Sec. 9[3], Batas Pambansa Blg. 129 [1983]; Rule 45, ibid. ; Sec. 2[c], Rule 41; Sec. 3[e], Rule 122)


Appeals from the Court of Tax Appeals

[4] Appeals from decisions or final resolutions of the Court of Tax Appeals en banc (Rule 16, Sec. 1, A.M. No. 05-11-07-CTA or “The Revised Rules of the Court of Tax Appeals;” Sec. 1, Rule 45, as amended by A.M. No. 07-7-12-SC dated December 12, 2007; See also Rep. Act No. 9282 [2004])

[5] Petition for certiorari filed within thirty (30) days from notice of the judgment/final order/resolution sought to be reviewed against the following: (Rule 64, 1997 Rules of Civil Procedure)

[a] Commission on Elections (Sec. 7, Article IX-A, 1987 Constitution; Aratuc vs. COMELEC, No. L-49705-09, February 8, 1979, 88 SCRA 251)
[b] Commission on Audit (Ibid., 1987 Constitution)

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