Rosanna L. Tan-Andal Vs. Mario Victor M. Andal
G.R. No. 196359. May 11, 2021
Law School and Bar Exam Advice Every Aspiring Lawyer Needs Right Now. #Grit #Excellence #Heart
“Every great dream begins with a dreamer. Always remember you have within you the strength, the patience and the passion to reach for the stars, to change the world.” –Harriet Tubman
Driven by his passion and zeal, our good friend, Mr. and Future Attorney Hans Kasilag, endeavored to reach out to the luminaries in the legal profession and public service to ask them for advice concerning his desire to become a lawyer. He is so kind to share all the responses he got with all of us.
From Vice President Leni Robredo
From Supreme Court Associate Justice Alfredo Benjamin Caguioa
From Atty. Chel Diokno
From Governor Francis “Chiz” Escudero
Thank you, future Atty. Hans Kabisag. Pinay Jurist wishes you and every one here all the best!
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JURISDICTION OF CYBERCRIME COURTS
RA 10175, otherwise known as the “Cybercrime Prevention Act of 2012” defines acts constituting Cybercrime offenses; prescribes penalties therefor; and provides procedures facilitating their detection, investigation, and prosecution.
Section 21 of RA 10175 provides:
SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural
or juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
Implementing Rules thereof explicitly directs the designation of special Cybercrime Courts manned by specially trained judges to handle cybercrime cases which shall have jurisdiction over Cybercrime cases:
Section 21. Jurisdiction. – The Regional Trial Court shall have jurisdiction over any violation of the provisions of the Act, including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines, or committed with the use of any computer system that is wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.
Section 22. Venue. – Criminal action for violation of the Act may be filed with the RTC of the province or city where the cybercrime or any of its elements is committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place: Provided, That the court where the criminal action is first filed shallacquire jurisdiction to the exclusion of other courts.
Section 23. Designation of Cybercrime Courts. – There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
Pursuant to Section 23 of Batas Pambansa Bilang 129, the Supreme Court issued A.M. No. 03-03-03-SC, “Designating Certain Branches of the Regional Trial Courts to Try and Decide Cybercrime Cases under Republic Act No, 10175”, on November 15, 2016.
The above-mentioned Resolution pronounced:
NOW, THEREFORE, the Court resolves as follows:
1. The Regional Trial Court branches designated as Special Commercial Courts in A.M. No. 03-03-03-SC dated June 17, 2003 are hereby further DESIGNATED as “Cybercrime Courts” to try and decide cybercrime cases covered under Republic Act No. 10175, in addition to their designation as Special Commercial Courts;
x x x
5. Cybercrime Courts in Quezon City, Manila, Makati, and Pasig shall have authority to act on applications for the issuance of search warrants involving violations of Republic Act No. 10175, which search warrants shall be enforceable nationwide.
x x x
Where to file an Application for a Cybercrime Warrant?
Section 2.2 of A.M. No.17-11-03-SC [the Rule on Cybercrime Warrants]. Quoted as follows:
Section 2.2. Where to File an Application for a Warrant. -An application for a warrant under this Rule concerning a violation of Section 4 (Cybercrime Offenses) and/or Section 5 (Other Offenses), Chapter II of RA 10175 shall be filed by the law enforcement authorities before any of the designated cybercrime courts of the province or the city where the offense or any of its elements has been committed, is being committed, or is about to be committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place. However, the cybercrime courts in Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and Cagayan De Oro City shall have the special authority to act on applications and issue warrants which shall be enforceable nationwide and outside the Philippines.
It is clear from the foregoing provisions that it is the appropriate Commercial Courts designated as a Cybercrime Court which has jurisdiction over cybercrimes and to issue cybercrime warrants when proper.