FACTS:
Pursuant to a minute resolution by the COMELEC on October 29, 1996, nine informations for violation of Sec. 261(i) of the Omnibus Election Code were filed with Branch 23 of the RTC of Allen, Northern Samar.
In an Order issued on August 25, 1997, public respondent, presiding judge of Branch 23, motu proprio ordered the records of the cases to be withdrawn and directed the COMELEC Law Department to file the cases with the appropriate Municipal Trial Court on the ground that under Batas Pambansa Blg. 129, the Regional Trial Court has no jurisdiction over the cases since the maximum imposable penalty in each of the cases does not exceed six years of imprisonment.
All the accused are uniformly charged for Violation of Sec. 261(i) of the Omnibus Election Code, which carries a penalty of not less than one (1) year but not more than six (6) years of imprisonment and not subject to Probation plus disqualification to hold public office or deprivation of the right of suffrage.
Motions for reconsiderations filed by the COMELEC have been denied. Petitioners then filed the instant petition.
In its Manifestation, the Office of the Solicitor General, it is “adopting” the instant petition on the ground that the challenged orders of public respondent “are clearly not in accordance with existing laws and jurisprudence.”
Public respondent avers that it is the duty of counsel for private respondents interested in sustaining the challenged orders to appear for and defend him.
In their Comment, private respondents maintain that R.A. No. 7691 has divested the Regional Trial Courts of jurisdiction over offenses where the imposable penalty is not more than 6 years of imprisonment; moreover, R.A. 7691 expressly provides that all laws, decrees, and orders inconsistent with its provisions are deemed repealed or modified accordingly. They then conclude that since the election offense in question is punishable with imprisonment of not more than 6 years, it is cognizable by Municipal Trial Courts.
ISSUE:
Whether R.A. No. 7691 has divested Regional Trial Courts of jurisdiction over election offenses, which are punishable with imprisonment of not exceeding six (6) years.
RULING:
Under Section 268 of the Omnibus Election Code, Regional Trial Courts have exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code except those relating to the offense of failure to register or failure to vote.
In Morales v. Court of Appeals, the court held that by virtue of the exception provided for in the opening sentence of Section 32 of B.P. Blg. 129, the exclusive original jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts does not cover those criminal cases which by specific provisions of law fall within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, regardless of the penalty prescribed therefor. Otherwise stated, even if those excepted cases are punishable by imprisonment of not exceeding six (6) years (i.e., prision correccional, arresto mayor, or arresto menor), jurisdiction thereon is retained by the Regional Trial Courts or the Sandiganbayan, as the case may be.
Among the examples cited in Morales as falling within the exception provided for in the opening sentence of Section 32 are cases under (1) Section 20 of B.P. Blg. 129; (2) Article 360 of the Revised Penal Code, as amended; (3) the Decree on Intellectual Property; and (4) the Dangerous Drugs Act of 1972, as amended.
Undoubtedly, pursuant to Section 268 of the Omnibus Election Code, election offenses also fall within the exception.
As we stated in Morales, jurisdiction is conferred by the Constitution or by Congress. Outside the cases enumerated in Section 5(2) of Article VIII of the Constitution, Congress has the plenary power to define, prescribe, and apportion the jurisdiction of various courts. Congress may thus provide by law that a certain class of cases should be exclusively heard and determined by one court. Such law would be a special law and must be construed as an exception to the general law on jurisdiction of courts, namely, the Judiciary Act of 1948, as amended, and the Judiciary Reorganization Act of 1980. R.A. No. 7691 can by no means be considered as a special law on jurisdiction; it is merely an amendatory law intended to amend specific sections of the Judiciary Reorganization Act of 1980. Hence, R.A. No. 7691 does not have the effect of repealing laws vesting upon Regional Trial Courts or the Sandiganbayan exclusive original jurisdiction to hear and decide the cases therein specified. That Congress never intended that R.A. No. 7691 should repeal such special provisions is indubitably evident from the fact that it did not touch at all the opening sentence of Section 32 of B.P. Blg. 129 providing for the exception.
It is obvious that respondent judge did not read at all the opening sentence of Section 32 of B.P. Blg. 129, as amended. It is thus an opportune time, as any, to remind him, as well as other judges, of his duty to be studious of the principles of law, to administer his office with due regard to the integrity of the system of the law itself, to be faithful to the law, and to maintain professional competence.
Instant petition is GRANTED
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