c. Exclusive and Concurrent

Election Offenses

The exclusive jurisdiction of the COMELEC to investigate and prosecute election offenses inheres even if the offender is a private individual or public officer or employee, and in the latter instance, irrespective of whether the offense is committed in relation to his official duties or not. In other words, it is the nature of the offense, namely, an election offense as defined in the Omnibus Election Code and in other election laws, and not the personality of the offender that matters.

Exclusive v. Concurrent Jurisdiction

Exclusive jurisdiction is held by courts that have jurisdiction over a subject matter to the exclusion of other courts.

Concurrent jurisdiction is held by courts which have jurisdiction over the same subject matter and within the same territory and wherein litigants may in the first instance resort to either court indifferently.