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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ II. JURISDICTION ▸ C. Jurisdiction of the Philippine Courts (B.P. Blg. 129, as amended) ▸ 3. Second-Level Courts - B.P. Blg. 129 as amended by R.A. No. 7691, R.A. No. 11576 and R.A. No. 8369, A.M. No. 22-04-06-SC, A.M. No. 03-03-03-SC, November 9, 2021

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Question

Jurisdiction of Second-Level Courts under B.P. Blg. 129, as amended

Consider the following scenarios:

  1. A criminal case involving theft of property amounting to P500,000 is filed in the Regional Trial Court (RTC) of a certain province. The accused argues that the RTC does not have jurisdiction over the case. Is the accused correct? Explain.
  2. In a civil case for damages arising from a vehicular accident, the amount claimed by the plaintiff exceeds P400,000. The case is filed before the Metropolitan Trial Court (MeTC) of a city. The defendant files a motion to dismiss, alleging lack of jurisdiction. Should the motion be granted? Discuss.
  3. An administrative complaint against a government official is filed with the Office of the Ombudsman. The Ombudsman conducts a preliminary investigation and finds probable cause to warrant the filing of a criminal complaint. Can the Ombudsman directly file the criminal complaint before the RTC? Explain the jurisdiction of the Ombudsman and the appropriate court in this situation.

Answer

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