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GENERAL PRINCIPLES - Coggle Diagram

- - - - SUBSTANTIVE LAW
      - PROCEDURAL LAW
      - JURISDICTION
      - VENUE
    - - RULE MAKING POWERS
        CONST 1987 ART. VIII SEC. 5
        The Supreme Court shall have the following powers:
        
        R-R-R-M-A on A/C - Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
        
        LEGALITY OF ANY T-I-A-T or P
        (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
        
        CASES WHERE JURISDICTION OF LOWER COURT IS IN ISSUE
        (c) All cases in which the jurisdiction of any lower court is in issue.
        
        CRIM CASES + PENALTY = RP^
        (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
        
        PURE ERROR/QUESTIONS OF LAW
        (e) All cases in which only an error or question of law is involved.
        
        CONSTITUTIONALITY/VALIDITY
        (a) 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.
        
        ASSIGN TEMPORARILY - Assign temporarily judges of lower courts to other stations as public interest may require...
        
        CONSENT OF JUDGE REQUIRED IF EXCEEDING 6 MONTHS
        Such temporary assignment shall not exceed six months without the consent of the judge concerned.
        
        CHANGE OF VENUE Order a change of venue or place of trial to avoid a miscarriage of justice.
        
        PROMULGATE - promulgate rules
        concerning the
        -Protection and Enforcement of:
        constitutional rights,
        pleading,
        practice, and
        procedure in ALL courts, the
        -Admission to the:
        practice of law, the
        Integrated Bar, and
        legal assistance to the underprivileged...
        
        RULES SHALL BE
        
        SIMPLIFIED/INEXPENSIVE - Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases,
        
        UNIFORM - shall be uniform for all courts of the same grade, and
        
        NOT DIMINISH/INCREASE/MODIFY SUBSTANTIVE RIGHTS - shall not diminish, increase, or modify substantive rights.
        
        RULES OF SPECIAL COURTS & QJDs
        SHALL REMAIN EFFECTIVE
        UNLESS DISPAPPROVED BY SC
        Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
        
        APPOINT O-E of JUDICIARY - Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
        
        Estipona, Jr. v. Lobrigo, G.R. No. 226679, August 15, 2017
        
        Morales v. Court of Appeals, G.R. No. 217126-27, November 10, 2015
        
        E-O JURISDICTION - Exercise original jurisdiction over cases affecting
        ambassadors,
        other public ministers and consuls,
        and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
      - LIMITATIONS ON THE RULE-MAKING POWER OF SC
        
        CONST 1987 ART. VIII SEC. 2
        
        CONST 1987 ART. VI SEC. 30
        
        Fabian v. Desierto, G.R. No. 129742, September 16, 1998, 295 SCRA 470
        
        Kuizon v. Desierto, G.R. No. 140619-24, March 9, 2001, 354 SCRA 158
        
        Baviera v. Zoleta, G.R. No. 1609098, October 12, 2006, 504 SCRA 280
      - POWER TO AMEND AND SUSPEND PROCEDURAL RULES (OF SC)
        
        (Neypes v. CA, G.R. No. 141524, September 14, 2005, 469 SCRA 633)
        
        Rodriguez v. People, G.R. No. 192799, October 24, 2012, 684 SCRA 580
      - POWER TO SUSPEND PROCEDURAL RULES
        
        Agote v. Lorenzo, G.R. No. 142675, July 22, 2005, 464 SCRA 60
        (NB: RA 10591 repealed Secs. 1, 2, 5 and 7 of PD 1866, as amended, and Sec. 6 of RA 8294)
        
        Almuete v. People, G.R. No. 179611, March 12, 2013
        (Note cases cited by SC as exception to the rule that final judgment may no longer be altered, modified or amended)
        
        Sumbilla v. Matrix Finance Corp., G.R. No. 197582, June 29, 2015
      - RETROACTIVITY OF PROCEDURAL RULES
        
        Heirs of Eduardo Simon v. Chan, G.R. No. 157547, February 23, 2011, 644 SCRA 13
        
        People v. Lacson, G.R. No. 149453, April 1, 2003, 400 SCRA 267
        
        Inmates of the New Bilibid Prison, Muntinlupa City, namely: Venancio A. Roxas, et al. v. Sec. de Lima, et al., G.R. No. 212719/G.R. No. 214637, June 25, 2019
      - BASIC PRINCIPLES IN JURISDICTION
        
        EQUITY JURISICTION
        
        Poso v. Mijares, A.M. No. RTJ-02-1693, August 21, 2002, 387 SCRA 485
        
        San Juan v. Sandiganbayan, G.R. No. 173956, August 6, 2008
        
        ELEMENTS OF JURISDICTION
        
        JURISDICTION OVER THE SUBJECT MATTER OR NATURE OF THE CASE
        
        JURISDICTION OVER THE PARTIES
        
        JURISDICTION OVER THE RES
        
        ESTOPPEL BY JURISDICTION
        
        Figueroa v. People, G.R. No. 147406, July 14, 2008, 558 SCRA 63
        
        ELEMENTS OF CRIMINAL JURISDICTION
        
        TERRITORIAL JURISDICTION
        
        JURISDICTION OVER THE SUBJECT MATTER
        
        JURISDICTION OVER THE PERSON OF THE ACCUSED
        
        Cabral v. Bracamonte, G.R. No. 233174, January 23, 2019
      - CLASSES OF JURISDICTION
        
        CONCEPTS
        
        SPECIAL/LIMITED
        
        ORIGINAL
        
        APPELLATE
        
        EXCLUSIVE
        
        CONCURRENCE/
        CONFLUENT/
        COORDINATE
        
        Magno v. People, G.R. No. 171542, April 6, 2011
        
        GENERAL
        
        NATURE OF PH COURTS
        
        MEANING OF A COURT
        
        COURT AS DISTINGUISHED FROM A JUDGE
        
        CLASSIFICATION OF PH COURTS
        
        COURTS OF ORIGINAL AND APPELLATE JURISDICTION
        
        COURTS OF GENERAL AND SPECIAL JURISDICTION
        
        CONSTITUTIONAL AND STATUTORY COURTS
        
        COURTS OF LAW AND EQUITY
        
        PRINCIPLE OF JUDICIAL HIERARCHY
        
        Declarador v. Judge Gubaton, G.R. No. 159208, August 18, 2006, 499 SCRA 341
        (Note: Issue on application of RA 9344 overturned in People v. Sarcia, G.R. No. 169641, September 10, 2009)
        
        Perez v. Ombudsman, G.R. No. 131445, May 27, 2004
        
        LIBERAL CONSTRUCTION OF THE RULES
        
        People and AAA v. Court of Appeals, G.R. No. 183652, February 25, 2015
        
        DOCTRINE OF NON-INTERFERENCE or DOCTRINE OF JUDICIAL STABILIITY
        
        DOCTRINE OF JUDICIAL STABILITY
        
        Bagalihog v. Judge Fernandez, G.R. No. 96356, June 27, 1991
        
        See Superlines Transportation Co. Inc. v. Philippine National Construction Co., G.R. No. 169596, March 28, 2007
        
        Victory Liner Inc. v. Bellosillo, A.M. No. MTJ-00-1321, March 10, 2004, 425 SCRA 79
- - - - Sia v. People, G.R. No. 159659, October 12, 2006
      - Cabral v. Uy, G.R. No. 174584, January 20, 2010, 610 SCRA 405
      - Baviera v. Paglinawan, G.R. No. 168380, February 8, 2007, 515 SCRA 170
    - - a. Instances when a court may lose jurisdiction even if it has been attached to it
    - - People v. Sandiganbayan (Rolando Plaza), G.R. No. 169004, September 15, 2010, 630 SCRA 489
    - - Marcelo Jr. v. Villordon, G.R. 173081, December 15, 2010, 638 SCRA 557
      - Hipos v. Judge Bay, G.R. No. 174813-15, March 17, 2009, 581 SCRA 674
      - Enriquez v. Office of the Ombudsman, G.R. No. 174902-06, February 15, 2008, 545 SCRA 618
      - Metropolitan Bank v. Reynaldo, G.R. No.. 164538, August 9, 2010
    - - JURISDICTION OF COURTS
        
        SUPREME COURT
        
        COURT OF APPEALS
        
        COURT OF TAX APPEALS
        
        SANDIGANBAYAN
        
        OMBUDSMAN
        
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        Rep. Act No. 8249; RA 10660
        
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        Sanchez v. Demetriou, G.R. No. 111771-77, November 9, 1993
        
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        Revised Internal Rules of the Sandiganbayan
        
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        Rep. No. 9503
        https://lawphil.net/statutes/repacts/ra2008/ra_9503_2008.html
        
        Rep. Act No. 9282 amending RA 1125
        https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html
        
        CTA Rules of Procedure
        https://www.lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html
        
        Santos v. People, G.R. No. 173176, August 26, 2008
        
        COURT OF APPEALS JURISDICTION
        The Court of Appeals shall Exercise:
        (Sec. 9 of BP 129, as amended by Rep. Act No. 8246 Section 9. Jurisdiction)
        
        Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
        
        The court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice. (as amended by R.A. No. 7902.)
        
        Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
        
        Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
        Regional Trial Courts and
        quasi-judicial agencies,
        instrumentalities,
        boards or
        commission, including the
        Securities and Exchange Commission,
        the Social Security Commission,
        the Employees Compensation Commission and
        the Civil Service Commission... ===>
        
        Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph od Section 17 of the Judiciary Act of 1948.
        
        2009 Internal Rules of the Court of Appeals
        https://ca.judiciary.gov.ph/images/references_corner/2009irca.pdf
        
        Rule III, Sec. 2 (h); Sec. 3
        
        Rule IV, Sec. 4 (b)
        
        Rule VI
        
        People v. Mateo, G.R. No. 147678-87, July 7, 2004, 433 SCRA 640
        
        JUDICIAL POWER
        Sec. 1, Art. VIII, 1987 Constitution -
        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.
        
        Internal Rules of the Supreme Court
        
        Rule 2, Sec. 3; Sec. 11; Sec. 14
        
        Sec. 3
        Section 3. Court en banc matters and cases. – The Court en banc shall act on the following matters and cases:
        
        (a) cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;
        
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        Section 11. Actions on cases referred to the Court en banc. – The referral of a Division case to the Court en banc shall be subject to the following rules:
        
        (a) the resolution of a Division denying a motion for referral to the Court en banc shall be final and shall not be appealable to the Court en banc;
        
        (b) the Court en banc may, in the absence of sufficiently important reasons, decline to take cognizance of a case referred to it and return the case to the Division; and
        
        (c) No motion for reconsideration of a resolution of the Court en banc declining cognizance of a referral by a Division shall be entertained.
        
        Section 14. Per curiam decisions. – Unless otherwise requested by the Member assigned to write the opinion of the Court, the decision or resolution shall be rendered per curiam
        
        (a) where the penalty imposed is dismissal from service, disbarment, or indefinite suspension in administrative cases; or
        
        (b) in any other case by agreement of the majority of the Members or upon request of a Member.
        
        Rule 3, Sec. 2; Sec. 3; Sec. 4
        
        Sec. 2
        Section 2. The Court not a trier of facts. – The Court is not a trier of facts its role is to decide cases based on the findings of fact before it. Where the Constitution, the law or the Court itself, in the exercise of its discretion, decides to receive evidence, the reception of evidence may be delegated to a member of the Court, to either the Clerk of Court or one of the Division Clerks of Court, or to one of the appellate courts or its justices who shall submit to the Court a report and recommendation on the basis of the evidence presented.
        
        Sec. 3
        Section 3. Advisory opinions proscribed. – The Court cannot issue advisory opinions on the state and meaning of laws, or take cognizance of moot and academic questions, subject only to notable exceptions involving constitutional issues.
        
        Section 4. Cases when the Court may determine factual issues. – The Court shall respect factual findings of lower courts, unless any of the following situations is present:
        
        (a) the conclusion is a finding grounded entirely on speculation, surmise and conjecture;
        
        (b) the inference made is manifestly mistaken;
        
        (c) there is grave abuse of discretion;
        
        (d) the judgment is based on a misapprehension of facts;
        
        (e) the findings of fact are conflicting;
        
        (f) the collegial appellate courts went beyond the issues of the case, and their findings are contrary to the admissions of both appellant and appellee;
        
        (g) the findings of fact of the collegial appellate courts are contrary to those of the trial court;
        
        (h) said findings of fact are conclusions without citation specific evidence on which they are based;
        
        (i) the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondents;
        
        (j) the findings of fact of the collegial appellate courts are premised on the supposed evidence, but are contradicted by the evidence on record; and
        
        (k) all other similar and exceptional cases warranting a review of the lower courts’ findings of fact.
        
        Rule 9, Sec. 5
        Section 5. Consolidation of cases. – The Court may order the consolidation of cases involving common questions of law or of act. The Chief Justice shall assign the consolidated cases to he Member-in-Charge to whom the case having the lower or lowest docket number has been raffled, subject to equalization of case load by raffle. The Judicial Records Office shall see to it that (a) the rollos of the consolidated cases are joined together to prevent the loss, misplacement or detachment of any of them; and (b) the cover of each rollo indicates the G.R. or UDK number of the case with which the former is consolidated...
        
        The Member-in-Charge who finds after study that the cases do not involve common questions of law or of fact may request the Court to have the case or cases returned to the original Member-in-Charge.
        
        Rule 10, Sec. 2
        Section 2. Confidentiality of court sessions. – Court sessions are executive in character, with only the Members of the Court present. Court deliberations are confidential and shall not be disclosed to outside parties, except as may be provided herein or as authorized by the Court...
        
        The Chief Justice or the Division Chairperson shall record the action or actions taken in each case for transmittal to the Clerk of Court or Division Clerk of Court after each session. The notes of the Chief Justice and the Division Chairperson, which the Clerk of Court and the Division Clerks of Court must treat with strict confidentiality, shall be the bases of the minutes of the sessions.
      - HOW JURISDICTION OVER THE ACCUSED IS ACQUIRED
      - JURISDICTION OVER THE SUBJECT MATTER
      - DISTINGUISH JURISDICTION OVER SUBJECT MATTER FROM JURISDICTION OVER PERSON OF THE ACCUSED
        
        Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486 SCRA 377
        
        Alawiya v. CA, G.R. No. 164170, April 16, 2009
        
        David v. Agbay and People, G.R. No. 199113, March 18, 2015
      - JURISDICTION OF CRIMINAL COURTS
        
        Treñas v. People, G.R. No. 195002, January 25, 2012
        
        Sec. 4 of Rep. Act No. 10175
        
        CYBERCRIME OFFENSES
        SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
        
        (a) Offenses against the confidentiality, integrity and availability of computer data and systems:
        
        (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
        
        (4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
        
        (5) Misuse of Devices.
        
        (i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
        
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        (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.
        
        (6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:
        
        (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
        
        (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
        
        (iii) Acquired without right or with intellectual property interests in it.
        
        (1) Illegal Access. – The access to the whole or any part of a computer system without right.
        
        (2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
        
        (b) Computer-related Offenses:
        
        (2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
        
        (1) Computer-related Forgery
        
        (i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
        
        (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
        
        (3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
        
        (c) Content-related Offenses:
        
        (1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
        
        (2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775
        
        (3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:
        
        (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
        
        (iii) The following conditions are present:
        
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        (i) There is prior affirmative consent from the recipient; or
        
        (4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
        
        Serana v. Sandiganbayan, G.R. No. 162059, January 22, 2008, 542 SCRA 224
- - - - COMPLAINT vs INFORMATION
        A complaint is a sworn written statement subscribed by persons mentioned in the Rules.
        An information is a written accusation subscribed by the prosecutor.