jurisdiction reviewer (2)

8/12/2019 Jurisdiction Reviewer (2)

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Jurisdiction Reviewer

Importance of Raising the Question of Jurisdiction

When it appears from pleadings or the

evidence on record that the court has no

jurisdiction over the subject matter, that there is

an another action pending between the sameparties for the same cause, or that the action isbarred by a prior judgment or by statute of

limitations, the court shall dismiss the claim

Lack of jurisdiction- Revised Rule on ummary

procedure

!ayog " #atino- $rial court cannot ignore the

%uestion of jurisdiction over the subject matter

just because it was raised in an answer that was

filed out of time

&urisdiction- 'rom the Latin jus dicere or right

to speak is the power or authority of the court to

hear, try and decide a case( )t is the first

%uestion that a court must decide

Jurisdiction is a Duty

)mposition by the law that cannot be resisted, a

command that cannot be ignored, compellableby mandamus( $he court may not demur byreason of the silence, obscurity or insufficiency

of the laws

*anon +, Rule +( of the *ode of &udicial

*onduct- judges must be faithful to law and

maintain professional competence

Judgment Void Where Court Has No Jurisdiction

#ull

.bbain " *hua- )n varying language, this

*ourt has e/pressed its reprobation for

judgments rendered by a court without

jurisdiction0

Jurisdiction Over the Su!ect "atter

*onferred by the *onstitution or the law

&urisdiction over the subject matter meansjurisdiction over the general class of cases

which include the case at hand

*ongress is constitutionally empowered to

apportion the jurisdiction of the various courtsbut may not deprive the upreme *ourt of its

jurisdiction( &urisdiction is conferred by law

*ourt of .ppeals- *annot entertain a petition for

annulment of the #ational Labor Relations*ommission( ection 1, !(2( 31 only vests in

the *ourt of .ppeals e/clusive jurisdiction over

actions for annulment of judgments of theRegional $rial *ourt

Regional $rial *ourts- 4/ercise e/clusive

original jurisdiction over all cases not within the

e/clusive original jurisdiction over all cases notwithin the e/clusive original jurisdiction of any

court , tribunal, person or body e/ercising

judicial or %uasi-judicial functions( )t has thepower of general jurisdiction(

Jurisdiction Has to e Invo#ed

!y proper party by means of a complaint or

petition

$o%er of the Court Where it Has No Jurisdiction

2ower to dismiss the case

$he upreme *ourt cannot grant jurisdiction

and the Rules of *ourt cannot be cited as legal

basis

*onstitutional guarantee of access to courts ofjustice- courts with appropriate jurisdiction

What Determines Jurisdiction Over the Su!ect

"atter

5etermined on the basis of the complaint

)t is not enough that a court has power in the

abstract to try and decide the class of litigations

to which a case belongs6 it is necessary that said

power be properly invoked, or called intoactivity, by the filing of a petition, complaint or

other appropriate pleading

7ultinational "illage 8omeowners v( *ourt of

.ppeals states that jurisdiction over the subjectmatter is determined upon the allegations made

in the complaint, irrespective of whether the

plaintiff is entitled or not to recover upon theclaim asserted therein- a matter resolved only

after and as a result of the trial0

What Determines the Nature of the &ction

$he allegations in the body of the complaint

2rayer- merely the conclusion of the pleader as

to the proper relief or reliefs he is entitled to on

the basis of his cause of action


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'(ception

#o need to present any evidence in support of or

in opposition to a motion to dismiss butpreliminary hearing on the defense raised by the

defendant can be done

5.R.!- 5epartment of .grarian Reform

.djudication !oard

119 Rules of *ivil 2rocedure- *ases covered

by agricultural tenancy laws are e/empted fromsummary procedure

'ffect of Judgment Rendered Without Jurisdiction

8as no legal effect

*aro "( :uicho- the order of *') of orsogon

being void is no order at all0

4stoesta "( *ourt of .ppeals- a null and void

judgment is susceptible to collateral attack0

When Jurisdiction Over the Su!ect "atter "ay No

)onger e Raised

;round of laches or estoppel

$ijam "( ibonghanoy- a party may be

estopped from raising the %uestion of lack ofjurisdiction over the subject matter

Different Ru*e on )ac# of Jurisdiction Over $ersonof Defendant

Lack of jurisdiction over the person of the

defendant must be raised at the earliest possible

time6 otherwise it will be deemed waived

. motion for additional time to answer is a

waiver of lack of personal service of summons

!y filing a motion for e/tension of the

reglementary period to answer, the defendantinvokes the jurisdiction of the court

&ction to &nnu* Judgment on +round of )ac# ofJurisdiction

!arred by laches or estoppel

Jurisdiction Cannot e Waived or Renounced

*ompetent court cannot decline or refuse

)iai*ity of a Judge Who is Ignorant of His

Jurisdiction

2ublic policy- in the absence of fraud,

dishonesty or corruption, the act is not subject todisciplinary action

5isciplinary proceedings against judges do not

complement, supplement or substitute judicial

remedies, and an in%uiry into theiradministrative liability arising from judicial acts

may be made only after other available remedies

have been settled

'irst %ualification of a judge- competence

Res ipsa lo%uitur- - punishes a judge who renders an

unjust judgment through negligence

.rticle 3?- penalty for suspension

Jurisdiction Over the $ersons of the $arties

2laintiff- .c%uires jurisdiction upon filing of

complaint, including a non-resident alien

2laintiff, upon submission is estopped from

%uestioning the court

5efendant- .c%uired through coercive process

of service summons or through voluntarysubmission to the court

@nder the new rule, the inclusion in a otion to

dismiss of other grounds aside from lack of

jurisdiction over the person of the defendant

shall not be deemed a voluntary appearance

'ffect of )ac# of Jurisdiction Over the $erson of the

Defendant

2rotection and enforcement of *onstitutional

Rights through 2rocedural 5ue 2rocessA


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- $here must be a court or tribunal clothed

with judicial power to hear anddetermine the matter before it6

- &urisdiction must be lawfully ac%uired

over the person of the defendant or overthe property which is the subject of the

proceeding

- $he defendant must be given anopportunity to be heard

- &udgment must be rendered upon lawful

hearing

Jurisdiction Over the Res

:uasi in rem- e/traterritorial service Bection >

of Rule =, 119 Rules of *ivil 2rocedureC

ection >( '(traterritoria* service( D When

the defendant does not reside and is not found inthe 2hilippines, and the action affects the

personal status of the plaintiff or relates to, or

the subject of which is, property within the

2hilippines, in which the defendant has orclaims a lien or interest, actual or contingent, or

in which the relief demanded consists, wholly or

in part, in e/cluding the defendant from anyinterest therein, or the property of the defendant

has been attached within the 2hilippines, service

may, by leave of court, be effected out of the

2hilippines by personal service as under section?6 or by publication in a newspaper of general

circulation in such places and for such time as

the court may order, in which case a copy of thesummons and order of the court shall be sent by

registered mail to the last known address of the

defendant, or in any other manner the court maydeem sufficient( .ny order granting such leave

shall specify a reasonable time, which shall not

be less than si/ty B?C days after notice, withinwhich the defendant must answer(

,he ,%ofo*d Character of the Summons

ummonEs twofold characterA

- !y means of its proper service- the courtac%uires jurisdiction over the person of

the defendant

- erves to inform the defendant of thenature of action against him, to satisfy

the re%uirements of due process( $hat is

why a copy of the complaint is attachedto the summons, and the directive in the

summons re%uires the defendant to

answer the attached complaint

Service in $erson on the Defendant

ection ?( Service in person on defendant( D

Whenever practicable, the summons shall beserved by handling a copy thereof to the

defendant in person, or, if he refuses to receive

and sign for it, by tendering it to him

2ersonal service- changed to service in person

on defendant

ection 9( Sustituted service( D )f, for

justifiable causes, the defendant cannot be

served within a reasonable time as provided in

the preceding section, service may be effectedBaC by leaving copies of the summons at the

defendantFs residence with some person of

suitable age and discretion then residing therein,or BbC by leaving the copies at defendantFs office

or regular place of business with some

competent person in charge thereof

ection G( Sustituted service( D )f service of

pleadings, motions, notices, resolutions, orders

and other papers cannot be made under the twopreceding sections, the office and place of

residence of the party or his counsel being

unknown, service may be made by delivering

the copy to the clerk of court, with proof offailure of both personal service and service by

mail( $he service is complete at the time of such

delivery

ection ( $riorities in modes of service and

fi*ing( D Whenever practicable, the service and

filing of pleadings and other papers shall bedone personally( 4/cept with respect to papers

emanating from the court, a resort to other

modes must be accompanied by a writtene/planation why the service or filing was not

done personally( . violation of this Rule may be

cause to consider the paper as not filed

ection >( "odes of service( D ervice of

pleadings motions, notices, orders, judgments

and other papers shall be made either personally

or by mail

ection 9( Service y mai*( D ervice by

registered mail shall be made by depositing the

copy in the post office in a sealed envelope,plainly addressed to the party or his counsel at

his office, if known, otherwise at his residence,

if known, with postage fully prepaid, and withinstructions to the postmaster to return the mail

to the sender after ten BC days if undelivered(

)f no registry service is available in the localityof either the senders or the addressee, service

may be done by ordinary mail

2aluwagan ng !ayan avings !ank " Hing- it

is only when the defendant cannot be served


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7illennium )ndustrial *ommercial *orporation

" &ackson $an- third re%uisite is lacking

ection +( Service upon pu*ic corporations(

D When the defendant is the Republic of the

2hilippines, service may be effected on theolicitor ;eneral6 in case of a province, city or

municipality, or like public corporations, service

may be effected on its e/ecutive head, or on

such other officer or officers as the law or thecourt may direct

&*ias Summons When Issued

Knly when the original summons are returned

without being served on any or all of thedefendants or when said original summons has

been lost

ection ( Service upon minors and

incompetents( D When the defendant is a

minor, insane or otherwise an incompetent,

service shall be made upon him personally and

on his legal guardian if he has one, or if none hisguardian ad *itemwhose appointment shall be

applied for by the plaintiff( )n the case of a

minor, service may also be made on his father ormother

Services of Summons y $u*ication

#ot recogniIe but for fair play

*ourt may decide over the res

Jurisdiction Over the Nature of &ction

La #aval 5rug "( *.- &urisdiction over the

nature of the action, in concept, differs from

jurisdiction over the subject matter( )llustrated,lack of jurisdiction over the nature of the actionis the situation that arises when a court, which

ordinarily would have the authority and

competence to take a case, is rendered without iteither because a special law has limited the

e/ercise of its normal jurisdiction on a particular

matter or because the type of action has been

reposed by law in certain other courts or %uasi-judicial agencies for determination(

#evertheless, it can hardly be %uestioned that

the rules relating to the effects of want ofjurisdiction over the subject matter should apply

with e%ual vigor to cases where the court is

similarly bereft of jurisdiction over the nature ofthe action

@nion ;lass "( 4*- MaN between the

corporation, partnership or association and thepublic6 MbN between the corporation, partnership

or association and its stockholders, partners,

members, or officers6 McN between thecorporation, partnership or association and the

state in so far as its franchise, permit or license

to operate is concerned6 and MdN among thestockholders, partners or associates themselves

ection , 25 +==( )n the e/ercise of itsfunctions to regulate the real estate trade and

business and in addition to its powers providedfor in 2residential 5ecree #o( 1>9, the #ational

8ousing .uthority shall have e/clusive

jurisdiction to hear and decide cases of the

following natureA

BaC @nsound real estate business practices6

BbC *laims involving refund and any other

claims filed by subdivision lot orcondominium unit buyer against the projectowner, developer, dealer, broker or

salesman6 and

BcC *ases involving specific performance of

contractual and statutory obligations filed bybuyers of subdivision lot or condominium

unit against the owner, developer, dealer,

broker or salesman

&urisdiction Kver the nature of the action O&urisdiction Kver the subject matter

Residua* Jurisdiction

4/tension of the original jurisdiction of the trial

court for certain specific purposes after the

perfection of the appeal but before transmittal ofthe original record or record on appeal to the

appellate court( .lso called retained jurisdiction

119 Rules of *ivil 2rocedure- a personEs

appeal by notice of appeal is deemed perfected

as to him upon the filing of the notice of appeal

in due time

.ppeals by record- perfected as to the party

appealing upon arrival of the record of appeal

.s to himPas to the party appealing- party

appealing cannot deprive the other party of his

right to file a motion for reconsideration ornotice of appeal or approval on record of appeal

ection 1( $erfection of appea*6 effect

thereof/D . partyFs appeal by notice of appealis deemed perfected as to him upon the filing of

the notice of appeal in due time(


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. partyFs appeal by record on appeal is deemed

perfected as to him with respect to the subjectmatter thereof upon the approval of the record on

appeal filed in due time

)n appeals by notice of appeal, the court loses

jurisdiction over the case upon the perfection of the

appeals filed in due time and the e/piration of thetime to appeal of the other parties

)n appeals by record on appeal, the court loses

jurisdiction only over the subject matter thereofupon the approval of the records on appeal filed in

due time and the e/piration of the appeal of the

other parties

)n either case, prior to the transmitta* of theorigina* record or the record on appea*, the court

may issue orders for the protection and preservationof the rights of the parties which do not involve anymatter litigated by the appeal, approve

compromises, permit appeals of indigent litigants,

order e/ecution pending appeal in accordance with3 of Rule +1, and allow withdrawal of the appeal

Jurisdiction Over Compu*sory Counterc*aims

.ny claim for money or other relief which a

defending party may have against an opposing

party ruled byA

ection 9( Compu*sory counterc*aim( D .

compulsory counterclaim is one which, being

cogniIable by the regular courts of justice, arises

out of or is connected with the transaction oroccurrence constituting the subject matter of the

opposing partyFs claim and does not re%uire for its

adjudication the presence of third parties of whomthe court cannot ac%uire jurisdiction( uch a

counterclaim must be within the jurisdiction of the

court both as to the amount and the nature thereof,e/cept that in an original action before the Regional

$rial *ourt, the counter-claim may be considered

compulsory regardless of the amount

*ounterclaim must pass the compelling test of

compulsoriness( $est of compulsoriness re%uires

a logical relationship between claim and the

counterclaim, that is, where conducting separatetrials of the respective claims of the parties

would entail a substantial duplication of effort

and time by the parties and the court

2ermissive counterclaims comprise


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ection ( Office of the +overnment Corporate

Counse*/- $he Kffice of the ;overnment

*orporate *ounsel BK;**C shall act as the

principal law office of all government-owned orcontrolled corporations, their subsidiaries, other

corporate off-springs and government ac%uired

asset corporations and shall e/ercise control andsupervision over all legal departments ordivisions maintained separately and such powers

and functions as are now or may hereafter be

provided by law( )n the e/ercise of such controland supervision, the ;overnment *orporate

*ounsel shall promulgate rules and regulations

to effectively implement the objectives of theKffice(

$he K;** is authoriIed to receive the

attorneyFs fees adjudged in favor of their clientgovernment-owned or controlled corporations,

their subsidiariesPother corporate offsprings and

government ac%uired asset corporations( $heseattorneyFs fees shall accrue to a special fund of

the K;**, and shall be deposited in an

authoriIed government depository as a trustliability and shall be made available for

e/penditure without the need for a *ash

5isbursement *eiling, for purposes ofupgrading facilities and e%uipment, granting of

employeesF incentive pay and other benefits, anddefraying such other incentive e/penses not

provided for in the ;eneral .ppropriations .ctas may be determined by the ;overnment

*orporate *ounsel

3niform $rocedure in tria* Courts

ection ( @niform procedure

$he procedure in the 7unicipal $rial *ourts shallbe the same as in the Regional $rial *ourts, e/cept

BaC where a particular provision e/pressly orimpliedly applies only to either of said courts, or BbC

in civil cases governed by the Rule on ummary2rocedure

ec( 3( 7eaning of terms

$he term 4"unicipa* ,ria* Courts4as used in these

Rules shall include 7etropolitan $rial *ourts,

7unicipal $rial *ourts in *ities, 7unicipal $rial*ourts, and 7unicipal *ircuit $rial *ourts

Jurisdiction to '(ecute V/ Jurisdiction to &mendDecision

4/ecute- continuous even after judgment while

.mend- terminates when judgment is final

,he Supreme Court

*omposed of a *hief &ustice and = .ssociate

&ustices

4n banc or by division of +, >, and 9

*annot increase the number of justices and

cannot be reduced by *ongress( ection +,

.rticle ") of the 2hil( *onstitution states that*ongress may increase the appellate jurisdiction

of the upreme *ourt but with the advice and

concurrence of the upreme *ourt

@ has 1 since G?1

.dmin *ode of 19- 1 *&

1+> *onstitution- *&

19+- > *&

,he Supreme Court is the On*y Constitutiona*

Court

$he only *ourt created by *onstitution, its

jurisdiction is defined by *onstitution

,he $o%ers of the Supreme Court

ection >( $he upreme *ourt shall have the

following powersA

C 4/ercise original jurisdiction over cases affecting

ambassadors, other public ministers and consuls,

and over petitions for certiorari,prohibition, mandamus5 6uo %arranto, and haeas

corpus/

B3C Review, revise, reverse, modify, or affirm on

appeal orcertiorari, as the law or the Rules of *ourt

may provide, final judgments and orders of lowercourts inA

BaC .ll cases in which the constitutionality or

validity of any treaty, international or e/ecutive

agreement, law, presidential decree, proclamation,order, instruction, ordinance, or regulation is in

%uestion(

BbC .ll cases involving the legality of any ta/,

impost, assessment, or toll, or any penalty imposedin relation thereto(

BcC .ll cases in which the jurisdiction of any lowercourt is in issue(

BdC .ll criminal cases in which the penalty imposedisrec*usion perpetuaor higher(

BeC .ll cases in which only an error or %uestion of

law is involved(

B+C .ssign temporarily judges of lower courts to

other stations as public interest may re%uire( uch


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temporary assignment shall not e/ceed si/ months

without the consent of the judge concerned(

B=C Krder a change of venue or place of trial to

avoid a miscarriage of justice(

B>C 2romulgate rules concerning the protection and

enforcement of constitutional rights, pleading,practice, and procedure in all courts, the admissionto the practice of law, the integrated bar, and legal

assistance to the under-privileged( uch rules shall

provide a simplified and ine/pensive procedure forthe speedy disposition of cases, shall be uniform for

all courts of the same grade, and shall not diminish,

increase, or modify substantive rights( Rules ofprocedure of special courts and %uasi-judicial

bodies shall remain effective unless disapproved by

the upreme *ourt(

B?C .ppoint all officials and employees of the&udiciary in accordance with the *ivil ervice Law(

ection ?( $he upreme *ourt shall have

administrative supervision over all courts and

the personnel thereof(

ection 9( BC #o person shall be appointed

7ember of the upreme *ourt or any lower

collegiate court unless he is a natural-born

citiIen of the 2hilippines( . 7ember of the

upreme *ourt must be at least forty years ofage, and must have been for fifteen years or

more, a judge of a lower court or engaged in the

practice of law in the 2hilippines(

B3C $he *ongress shall prescribe the %ualifications

of judges of lower courts, but no person may beappointed judge thereof unless he is a citiIen of the

2hilippines and a member of the 2hilippine !ar(

B+C . 7ember of the &udiciary must be a person ofproven competence, integrity, probity, and

independence(

ection G( BC . &udicial and !ar *ouncil is

hereby created under the supervision of the

upreme *ourt composed of the *hief &ustice

as e( officio*hairman, the ecretary of &ustice,and a representative of the *ongress as e(

officio7embers, a representative of the

)ntegrated !ar, a professor of law, a retired7ember of the upreme *ourt, and a

representative of the private sector(

B3C $he regular members of the *ouncil shall be

appointed by the 2resident for a term of four years

with the consent of the *ommission on

.ppointments( Kf the 7embers first appointed, therepresentative of the )ntegrated !ar shall serve for

four years, the professor of law for three years, the

retired &ustice for two years, and the representativeof the private sector for one year(

B+C $he *lerk of the upreme *ourt shall be theecretarye( officioof the *ouncil and shall keep a

record of its proceedings(

B=C $he regular 7embers of the *ouncil shall

receive such emoluments as may be determined by

the upreme *ourt( $he upreme *ourt shallprovide in its annual budget the appropriations forthe *ouncil(

B>C $he *ouncil shall have the principal function ofrecommending appointees to the &udiciary( )t may

e/ercise such other functions and duties as the

upreme *ourt may assign to it(

ection 1( $he 7embers of the upreme *ourt

and judges of the lower courts shall be

appointed by the 2resident from a list of at leastthree nominees prepared by the &udicial and !ar

*ouncil for every vacancy( uch appointments

need no confirmation(

'or the lower courts, the 2resident shall issue

the appointments within ninety days from thesubmission of the list(

ection ( $he salary of the *hief &ustice and

of the .ssociate &ustices of the upreme *ourt,

and of judges of lower courts, shall be fi/ed bylaw( 5uring their continuance in office, their

salary shall not be decreased(

ection ( $he 7embers of the upreme *ourt

and judges of lower courts shall hold office

during good behavior until they reach the age ofseventy years or become incapacitated to

discharge the duties of their office( $he

upreme *ourten ancshall have the power todiscipline judges of lower courts, or order their

dismissal by a vote of a majority of the7embers who actually took part in the

deliberations on the issues in the case and votedthereon(

ection 3( $he 7embers of the upreme *ourt

and of other courts established by law shall notbe designated to any agency performing %uasi-

judicial or administrative functions(

ection +( $he conclusions of the upreme

*ourt in any case submitted to it for decisionen

ancor in division shall be reached inconsultation before the case is assigned to a

7ember for the writing of the opinion of the

*ourt( . certification to this effect signed by the

*hief &ustice shall be issued and a copy thereofattached to the record of the case and served

upon the parties( .ny 7embers who took no


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part, or dissented, or abstained from a decision

or resolution, must state the reason therefor( $hesame re%uirements shall be observed by all

lower collegiate courts(

ection =( #o decision shall be rendered by

any court without e/pressing therein clearly and

distinctly the facts and the law on which it isbased(

#o petition for review or motion for

reconsideration of a decision of the court shallbe refused due course or denied without stating

the legal basis therefor(

ection >( BC .ll cases or matters filed after

the effectivity of this *onstitution must be

decided or resolved within twenty-four months

from date of submission for the upreme *ourt,and, unless reduced by the upreme *ourt,

twelve months for all lower collegiate courts,

and three months for all other lower courts(

B3C . case or matter shall be deemed submitted for

decision or resolution upon the filing of the last

pleading, brief, or memorandum re%uired by theRules of *ourt or by the court itself(

B+C @pon the e/piration of the corresponding period,

a certification to this effect signed by the *hief

&ustice or the presiding judge shall forthwith beissued and a copy thereof attached to the record of

the case or matter, and served upon the parties( $he

certification shall state why a decision or resolutionhas not been rendered or issued within said period(

B=C 5espite the e/piration of the applicablemandatory period, the court, without prejudice to

such responsibility as may have been incurred in

conse%uence thereof, shall decide or resolve thecase or matter submitted thereto for determination,

without further delay(

ection ?( $he upreme *ourt shall, within

thirty days from the opening of each regular

session of the *ongress, submit to the 2resident

and the *ongress an annual report on theoperations and activities of the &udiciary(

$he *ourt en banc is not an appellate tribunal

vis-Q-vis the divisions and e/ercises no appellateor supervisory jurisdiction over the latter(

5ecisions or resolutions of a division without

concurrence of at least three of its members are

a decision of the upreme *ourt( #o doctrine

laid down may be modified e/cept *ourt sitting

en banc(

ec( 1, !(2( 31- the special civil action of

declaratory relief falls under the e/clusiveoriginal jurisdiction of the Regional $rial *ourt

and is not within the original jurisdiction of the

upreme *ourt(

,he Office of the Court &dministrator

.dministrative supervision- upreme *ourt

over 93 Regional $rial *ourt &udges, G7etropolitan $rial *ourt &udges, more than

,> municipal $rial *ourt &udges and 3

hariaEa *ourts in the .R77(

ection 3, R. ?99 or the Kmbudsman .ct of

1G1- Kmbudsman disciplinary authority overall elective and appointive government officials

e/cept officials who may be removed only

through impeachment or over *ongress andjudiciary(

Right to appeal- statutory right( .ppeal may be

filed through petition for certiorari under Rule

?> of RK*(

Kffice of the *ourt .dministrator- created by

25 #o( G3G as amended by 25 G=3 to assist the* in its function of administrative supervision(

*ourt .dministrator- the same rank, priviledge

and compensation as 2residing &ustice of the*ourt of .ppeals( 8e shall assisted by + 5eputy

*ourt .dministrators who shall have the same

R2* as .ssociate &ustices of *.(

4/ercises admin supervision over &udicial and

!ar *ouncil, created through the *onstitution

with the primary duty of recommendingappointees to the &udiciary

2hilippine &udicial .cademy- tasked with the

implementation of a continuing program ofjudicial education for justices, judges, court

personnel and lawyers(

,he Sandiganayan5 Not a Constitutiona* Court

*reation is mandated by *onstitution to have

jurisdiction over corrupt practices of

government employees and public officers(

*omposed of 2residing &ustice and = .ssociate

&ustices appointed by the 2resident

R. 919>- 4/panded the jurisdiction of

andiganbayan to include petitions for theissuance of writs of mandamus, prohibition,

certiorari, habeas corpus, injunction and other

au/iliary writs and processes


10/27

)t is a trial court limited to 1 days to decide

cases both on original and appellate court( Knly

%uestions of law may be raised to upreme

*ourt in appeal to andiganbayan decisions(

alary grade 39 or higher- andiganbayan

jurisdiction over public officials( 2lunder

e/cluded(

"ay the Supreme Court &mend a Ru*e in the Ru*es

of Court ,hat Has &*ready 7een &mended y the

)egis*ature8

es, the rule as amended not the law passed by

*ongress(

"ay the Congress &mend the Ru*e .urther8

#o, when decided by upreme *ourt(

R. G=1+- peedy $rial .ct of 11G

2(5( GG- 2rohibits courts from issuing

injunction writs in cases involving

infrastructure, natural resource development andutility projects(

ummary &udicial 2roceedings in the 'amily

*ode- ;overned by .rticles 3+G to 3>+ subjectto the rule making of *(

'(traordinary Jurisdiction

$he courts justices are recogniIed not only to

settle actual controversies but to determineWK# there has been grave abuse of discretion

amounting to lack or e/cess of jurisdiction(

&udicial power- the right to determine actual

controversies( .ccording to *onception, it is theproduct of e/perience during 7artial Law(

1G9 *onstitution- reactionary charter(

Is the $o*itica* Question Doctrine &*ready

Oso*ete8

!y no means( 8owever in proper case, the

upreme *ourt is not hindered by the doctrinewhere abuse of discretion is grave(

Is this 9e(traordinary !urisdiction: vested in the

Supreme Court a*one or in other courts as %e**8

es, in other courts also in a proper case(

Lis mota- the cause of the suit or action(

What is a 9proper case:8

$here must be an actual case or controversy(

$he %uestion of constitutionality must be raised

by the proper party(

$he constitutional %uestion must be raised at the

earliest possible time(

$he determination of the constitutional %uestion

must be necessary to the determination of the

case itself(

Who is the $roper $arty8

$he person directly affected(

,he $o%er to Dec*are 3nconstitutiona*

)nvolving rights that are legally demandable and

enforceable referred to as judicial supremacy(

'6uity Jurisdiction

4%uity- &ustice according to natural law and

right or justice outside law being ethical rather

than jural and belonging more to the sphere ofmorals than of law( )t signifies to the power of

the high court to waive technical rules in orderto be able to rule on important substantive

issues(

* has the power to suspend its own rules when

the ends of justice would be served thereby(

Supreme Court Circu*ar No/ ;0


11/27

B+C when there is grave abuse of discretion in the

appreciation of facts B!uyco v( 2eople, 1> 2hil( 3>+B1>=CN6

B=C when the judgment is premised on amisapprehension of facts M5e la *ruI v( osing, 1=

2hil( 3? B1>+C6 *astillo v( *ourt of .ppeals( ;(R(

#o( L-=G31, eptember 31,1G+,3= *R. GGN6

B>C when the findings of fact are conflicting M*asica

v( "illaseca, 2hil( 3> B1>9CN6

B?C when the *ourt of .ppeals, in making its

findings, went beyond the issues of the case and the

same is contrary to the admissions of both appellantand appellee M4vangelista v( .lto urety )ns( *o(,

)nc(, + 2hil( = B1>GCN6

B9C when the findings of the *ourt of .ppeals arecontrary to those of the trial court6

BGC when such findings of fact are conclusionswithout citation of specific evidence on which they

are based6

B1C when the facts set forth in the petition as well as

in the petitionersE main and reply briefs are not

disputed by the respondents 6 and

BC when the findings of fact of the *ourt of.ppeals is premised on the supposed absence of

evidence and is contradicted by the evidence onrecord(

Congress Has No $o%er Over the Jurisdiction ofthe Supreme Court

7ay not deprive the * of its jurisdiction over

cases enumerated in ection >(

R. ?99- Krders etc of the Kmbudsman inadministrative cases are appealable to * via

Rule => RK*(

Judicia* Courtesy

When a party is aggrieved by an interlocutory

order, can elevate it through certiorari under

Rule ?>( !ut, the filing of certiorari will not stopthe trial court from proceeding in the main case

in the absence of a $RK or writ of preliminary

injunction from the higher court(

&udicial courtesy- re%uires the lower court to

refrain from acting notwithstanding the absence

of $RK and W2)

$RK- is an order issued by a judge in an attempt

to keep one person from harassing anotherperson or group of people(

)nterlocutory order- $emporary order issued

during the course of litigation( $ypically cannotbe appealed because it is not final( 4/ceptions

include injunctions issued and denial of

arbitration demands(

W2)- a provisional remedy that is invoked to

preserve the subject matter in its e/isting

condition( )ts purpose is to prevent dissolutionof the plaintiffFs rights( $he main reason for use

of a preliminary injunction is the need for

immediate relief(

&utomatic revie% y the Supreme Court

Review on reclusion perpetua should be brought

to *ourt of .ppeals for intermediate review

before final review of *(

Writ of &mparo

'rom the panish word amparar meaning to

protect

)t is a special constitutional writ to protect or

enforce a constitutional right other than physicalliberty which is already covered by the writ of

habeas corpus( )t is used to protect constitutionalrights(

,%o Standards of Judicia* Revie%

2anganiban- trict scrutiny and deferential

interpretation are standards of judicial review

;rave abuse of discretionA

BC $hose that clearly violate the *onstitution, the

laws or settled jurisprudence

B3C $hose that have been issued with patent

arbitrariness, whim, bias or personal hostility(

,he Court of &ppea*s

2rescribed and apportioned in the &udiciary

ReorganiIation .ct of 1G or !atas 2ambansa

!lg( 31( )t was created through *ommonwealth.ct #o( + enacted in 5ecember +, 1+>pursuant to ection , .rticle "))) of the 1+>

*onstitution(

$he *ourt is composed of one 2residing &ustice

and si/ty eight B?GC .ssociate &ustices( $hey

are all appointed by the 2resident( $he *ourt sits

by divisions, each division being composed of


12/27

three members( $he *ourt may sit en ancfor

the purpose of e/ercising administrative,ceremonial or other non-adjudicatory

functions( )t was organiIed in 'ebruary , 1+?

starting with &ustices headed by 2residing&ustice(

)n 1+?- membership was increased to >, thenG by R. ?>, then 3= by R. >3=(

)n 1G+- renamed )ntermediate .ppellate *ourt

B).*C and its composition was increased to >

.ssociate &ustices and a 2residing &ustice(

4K #o( ++ on &uly 3G, 1G?, ).* was reverted

to *. with 9 divisions and + &ustices in eachdiv(

5ecember +, 11?- R. G3=? increased the

membership to present of ?1 constituted with 3+divisions( + new divisions stationed in *ebu

*ity in cases coming from ?th, 9thand Gthjudicial

regions( + new divisions stationed *5K for

cases coming from 1th, th, thand 3thjudicialregions(

,he )a% '(panding the Jurisdiction of the Court of

&ppea*s

R. 913 e/pands the jurisdiction of the *.(

igned into law on 'ebruary 3+, 11>( )t took

effect on 7arch G, 11>( $he legislatureauthoriIed *. to formulate internal rules and

procedure contained in ection3 of !2 31(

,he Ru*e0"a#ing $o%er of the Court of &ppea*s

*. is empowered to promulgate its own internalrules same with *(

* is constitutional, *. is legislative(

* power e/tends to all courts, while *. is

confined in its internal procedure(

5ecember 3, 1G?- *. formulated internal

rules(

Concurrent Jurisdiction Over Haeas Corpus

*. and * have concurrent jurisdiction with

'amily *ourts over petition of habeas corpus

where custody of minors is at issue(

.side from the *., the following may issue

writs of certiorariA

( upreme *ourt

3( Regional $rial *ourt+( hariEah .ppellate *ourt

=( hariEah 5istrict *ourt

>( *K74L4*?( andiganbayan

$erfection of &ppea*

hall be reckoned not from the filing of the

notice of appeal but from the payment of the

docket fees(

$he right to appeal is a statutory privilege and

maybe e/ercised only in the manner provided by

law(

,he .resh $eriod Ru*e

> days to file #otice of .ppeal in R$*(

$he right to appeal is a statutory privilege and

maybe e/ercised only in the manner provided by

law(

&ppea* from the Court of ,a( &ppea*s

*ollegiate *ourt level- R. 13G3

$he decisions of *$. are appealable to the *.

under Rule => of the 119 R*2 and certiorari to*(

,he ,ria* Court

!2 31

!.$. 2.7!.#. !)L.#; 31

.# .*$ R4KR;.#)S)#; $84 &@5)*).R,

.22RK2R).$)#; '@#5 $84R4'KR, .#5'KR K$84R 2@R2K4(

2R4L)7)#.R *8.2$4R

ection ( ,it*e/D $his .ct shall be known as 4,he

Judiciary Reorgani>ation &ct of ?=


13/27

*8.2$4R )

*K@R$ K' .224.L

ec( +( Organi>ation/D $here is hereby created a*ourt of .ppeals which consists of a 2residing

&ustice and fifty .ssociate &ustice who shall be

appointed by the 2resident of the 2hilippines( $he

2residing &ustice shall be so designated in hisappointment, and the .ssociate &ustice shall have

precedence according to the dates of their respectiveappointments, or when the appointments of two or

more of them shall bear the same date, according to

the order in which their appointments were issued

by the 2resident( .ny member who is reappointedto the *ourt after rendering service in any other

position in the government shall retain the

precedence to which he was entitled under hisoriginal appointment, and his service in the *ourt

shall, for all intents and purposes, be considered ascontinuous and uninterrupted( 1&s amendedy'(ec/ Order No/ AA5 Ju*y ;


14/27

necessary for the pronouncement of a decision or

final resolution( $he designation of such additional&ustice shall be made strictly by raffle(

. month for reconsideration of its decision or final

resolution shall be resolved by the *ourt within

ninety B1C days from the time it is submitted for

resolution, and no second motion forreconsideration from the same party shall be

entertainment( 1&s amended y'(ec/ Order No/ AA5 Ju*y ;


15/27

Region( $here shall beA

$wo branches B!ranches ))) and ))C

for the province of .bra, with seats

at !angued6

4ight branches B!ranches ))) to TC

for the province of !enguet and thecity of !aguio, !ranches ))) to "))

with seats at !aguio *ity, and!ranches "))) to T at La $rinidad6

#ine branches B!ranches T) to T)TC

for the province of )locos #orte and

the city of Laoag, !ranches T) toT") with seats at Laoag *ity,

!ranches T")) and T"))) at !atac,

and !ranch T)T at !angui6

i/ branches B!ranches TT to TT"Cfor the province of )locos ur,

!ranches TT and TT) with seats at

"igan, !ranch TT)) at #arvacan,!ranch TT))) at *andon, !ranch

TT)" at *abugao, and !ranch TT"

at $agudin6

#ine branches B!ranches TT") toTTT)"C for the province of La

@nion, !ranches TT") to TTT withseats at an 'ernando, !ranchesTTT) and TTT)) at .goo, !ranch

TTT))) at !auang, and !ranch

TTT)" at !alaoan6

$wo branches B!ranches TTT" andTTT")C for the province of

7ountain province, with seats at

!ontoc6 and

$wenty-one branches B!ranchesTTT")) to L"))C for the province of

2angasinan and the cities of 5agupan

and an *arlos, !ranches TTT"))to TTT)T with seats at Lingayen,

!ranches TL to TL)" at 5agupan,

!ranches TL" to TL)T at @rdaneta,

!ranch L at "illasis, !ranches L)and L)) at $ayug, !ranch L))) at

Rosales, !ranches L)" and L" at

.laminos, and !ranch L") and L"))

at an *arlos(

BbC $hirty-two Regional $rial &udges shall

be commissioned for the econd &udicialregion( $here shall beA

$welve branches B!ranches ) to T))Cfor the province of *agayan,

!ranches ) to " with seats at

$uguegarao, !ranches ") to T at.parri, !ranch T) at $uao, and

!ranch T)) at ancheI 7ira6

Kne branch B!ranch T)))C for the

province of !atanes, with seat at

!asco6

$wo branches B!ranches T)" and

T"C for the province of )fugao,

!ranch T)" with seat at Lagawe,and !ranch T" at 2otia6

#ine branches B!ranches T") to

TT)"C for the province of )sabela,

!ranches T") to T"))) with seats at)lagan, !ranches T)T and TT at

*auayan, !ranch TT) at antiago,!ranch TT)) at *abagan, !ranchTT))) at Ro/as, and !ranch TT)" at

4chague6

$wo branches B!ranches TT" and

TT")C for the province of Halinga-.payao, !ranch TT" with seat at

$abuk, and !ranch TT") at Luna6

'our branches B!ranches TT")) to

TTTC for the province of #ueva"iIcaya, !ranches TT")) to TT)T

with seats at !ayombong, and

!ranch TTT at !ambang6

$wo branches B!ranches TTT) andTTT))C for the province of :uirino,

with seats at *abarroguis(

BcC eventy-five Regional $rial judges shall

be commissioned for the $hird &udicialRegion( $here shall beA

'ive branches B!ranches ) to "C for

the province of !ataan, !ranches ) to

))) with seats at !alanga, !ranch )"at 7ariveles, and !ranch " at

5inalupihan6

eventeen branches B!ranches ") to

TT))C for the province of !ulacan

Be/cept the municipality of"alenIuelaC, with seats at 7alolos6

4ighteen branches B!ranches TT)))

to TLC for the province of #ueva4cija and the cities of *abanatuan,

an &ose and 2alayan, !ranches

TT))) to TTT with seats at*abanatuan *ity, !ranches TTT) to


16/27

TTT))) at ;uimba, !ranches

TTT)" to TTT") at ;apan, !ranchTTT")) at to( 5omingo, !ranches

TTT"))) and TTT)T at an &ose,

and !ranch TL at 2alayan(

$wenty-two branches B!ranches TL)

to LT))C for the province of2ampanga and the city of .ngeles,

!ranches TL) to TL"))) with seatsat an 'ernando, !ranches TL)T to

L))) at ;uagua, !ranches L)" and

L" at 7acabebe, and !ranches L")

to LT)) at .ngeles *ity6

i/ branches B!ranches LT))) to

LT")))C for the province of $arlac,

!ranches LT") at *apas, !ranch

LT")) at 2ani%ui, and !ranchLT"))) at *amiling6 and

even branches B!ranches LT)T to

LTT"C for the province of Sambalesand the city of Klongapo, !ranches

LT)T to LTT) with seats at )ba and

!ranches LTT)) to LTT" at

Klongapo *ity

BdC Kne hundred seventy-two B93C Regional$rial &udges shall be commissioned for the#ational *apital &udicial Region( $here

shall beA

'ifty-five branches B!ranches to>>C for the *ity of 7anila, wit seats

thereat6

$hirty-two branches B!ranches 9? to

9C for :ueIon *ity, with seats

thereat6

$welve branches B!ranches G to

1C for 2asay *ity, with seatsthereat6

$welve branches B!ranches 3 to

+C for *aloocan *ity, with seats

thereat6

'ifty-eight branches B!ranches >? to

9= and +3 to 9C for the7unicipalities of #avotas, 7alabon,

an &uan, 7andaluyong, 7akati,2asig, 2ateros, $aguig, 7arikina,

2araJa%ue, Las 2iJas, and

7untinlupa6 !ranches ?9 to 9 and> to ?G at 2asig6 and !ranches 93

to 9=, ?1 and 9 at 7alabon6 and

$hree branches B!ranches 9>, 9

and 93C for the municipality of"alenIuela, with seats thereat(1&s

amended y'(ecutive Order No/ AA5

Ju*y A@5 ?=


17/27

the city of 2uerto 2rincesa, with seats

at 2uerto 2rincesa *ity6

$hirteen branches B!ranches L))) toLT"C for the province of :ueIon

and the city of Lucena, !ranches L)))

to LT with seats at Lucena *ity,

!ranches LT) and LT)) at ;umaca,!ranch LT))) at *alauag, !ranch

LT)" at 7auban, and !ranch LT"at )nfanta6

Kne branch B!ranch LT")C for the

province of .urora, with seat at

!aler6

'ourteen branches B!ranches LT"))to LTTTC for the province of RiIal

e/cept the cities and municipalitiesembraced within the #ational *apital&udicial Region, !ranches LT")) to

LTT with seats at !inangonan,

!ranches LTT) to LTT)" at.ntipolo, !ranches LTT" to

LTT")) at an 7ateo, and !ranches

LTT"))) to LTTT at 7orong6 and

$wo branches B!ranches LTTT) andLTTT))C for the province of

Romblon, !ranch LTTT) with seatat Romblon, and !ranch LTTT)) atKdiongan(

BfC 'ifty-five Regional $rial &udges shall be

commissioned for the 'ifth &udicial Region($here shall beA

4ighteen branches B!ranches ) to

T")))C for the province of .lbay and

the *ity of Legaspi, !ranches ) to Twith seats at Legaspi *ity, !ranches

T) to T)" at Ligao, and !ranchesT" to T"))) at $abaco6

#ineteen branches B!ranches T)T to

TTT"))C for the province of

*amarines ur and the cities of #agaand )riga, !ranches T)T to TT")))

with seats at #aga *ity, !ranch

TT)T at Libmanan, !ranch TTT at

$igaoan, !ranches TTT) to TTT)))at 2ili, and !ranches TTT)" to

TTT")) at )riga *ity6

'our branches B!ranches TTT")))to TL))C for the province of

*amarines #orte, with seat at 5aet6

$wo branches B!ranches TL)) and

TL))C for the province of*atanduanes, with seats at "irac6

even branches B!ranches TL)" to

LC for the province of 7asbate,

!ranches TL)" to TL"))) with seats

at 7asbate, !ranch TL)T at*ataingan, and !ranch L at an

&acinto6 and

'ive branches B!ranches L) to L"Cfor the province of orsogon,

!ranches L) to L))) with seats at

orsogon, !ranch L") at ;ubat, and!ranch L" at )rosin(

BgC i/ty-three Regional $rial &udges shallbe commissioned for the i/th &udicialRegion( $here shall beA

#ine branches B!ranches ) to )TC forthe province of .klan, with seats at

Halibo6

'our branches B!ranches T to T)))C

for the province of .nti%ue,!ranches T to T)) with seats at an

&ose, and !ranch T))) and *ulasi6

4ight branches B!ranches T)" to

TT)C for the province of *apiI andthe city of Ro/as, !ranches T)" to

T)T with seats at Ro/as *ity and

!ranches TT and TT) at7ambusao6

4ighteen branches B!ranches TT))

to TTT)TC for the province of )loilo,

the subprovince of ;uimaras, and thecity of )loilo, with seats at )loilo

*ity6 and

$wenty-four branches B!ranches TL

to LT)))C for the province of #egrosKccidental, and the cities of !acolod,

!ago, *adiI, La *arlota, an *arlos

and ilay, !ranch TL with seat atilay *ity, !ranches TL) to L)" at

!acolod *ity, !ranches L" and L")

at 8imamaylan, !ranches L")) toL)T at Habankalan, !ranch LT)) at!ago *ity, and !ranch LT)) at La

*arlota *ity(

BhC 'orty-si/ Regional $rial &udges shall be

commissioned for the eventh &udicial


18/27


19/27

$wo branches B!ranches ") and "))C

for the province of .gusan del ur,!ranches ") with seat at 2rosperidad

and !ranch ")) with seat at

!ayugan6

'our branches B!ranches "))) to T)C

for the province of !ukidnon,!ranches "))) to T with seats at

7alaybalay and !ranch T) at7analo 'ortich6

'ive branches B!ranches T)) to T)C

for the province of 7isamis

Kccidental and the cities ofKro%uieta, KIamis, and $angub,

!ranches T)) to T)" with seats at

Kro%uieta *ity, !ranch T" at

KIamis *ity, and !ranch T") at$angub *ity6

4leven branches B!ranches T")) to

TT"))C for the province of 7isamisKriental and the cities of *agayan de

Kro and ;ingoog, !ranches T")) to

TT" with seats at *agayan de Kro

*ity, !ranch TT") at 7edina, and!ranch TT")) at ;ingoog *ity6

Kne branch B!ranch TT")))C for theprovince of *amiguin, with seat at7ambajao6 and

'our branches B!ranches TT)T to

TTT))C for the province of urigao

del #orte and the *ity of urigao,!ranches TT)T and TTT with seats

at urigao *ity, !ranch TTT) at

5apa, and !ranch TTT)) at 5inagat,

5inagat )sland(

BlC $wenty-nine Regional $rial &udges shall

be commissioned for the 4leventh &udicialRegion( $here shall beA

'our branches B!ranches ) to )"C for

the province of 5avao del #orte,!ranches ) and )) with seats at

$agum, !ranch ))) at #abunturan,

and !ranch )" at 2anabo6

$hree branches B!ranches " to "))Cfor the province of 5avao Kriental,

!ranches " and ") with seats at 7ati

and !ranch ")) at !anganga6

'ourteen branches B!ranches "))) to

TT)C for the province of 5avao del

ur and the city of 5avao, !ranches

"))) to T")) with seats at 5avao

*ity, !ranches T"))) and T)T at5igos, !ranch TT at 7alinta, and

!ranch TT) a !ansalan6

'ive !ranches B!ranches TT)) to

TT")C for the province of outh

*otabato and the city of ;eneralantos, !ranches TT)) and TT)))

with seats at ;eneral antos *ity,!ranches TT)" and TT" at

Horonadal, and !ranch TT") at

urallah6 and

$hree branches B!ranches TT")) toTT)TC for the province of urigao

del ur, !ranch TT")) with seat at

$andag, !ranch TT"))) at Lianga,

and !ranch TT)T at !islig(

BmC $wenty Regional $rial &udges shall be

commissioned for the $welfth &udicialRegion( $here shall beA

even branches B!ranches ) to "))C

for the province of Lanao del #orteand the city of )ligan, !ranches ) to

") with seats at )ligan *ity, and

!ranch ")) at $ubod6

'ive branches B!ranches "))) to T))C

for the province of Lanao del ur and

the city of 7arawi, !ranches "))) to

T with seats at 7arawi *ity, and!ranches T) and T)) at 7alabang6

$hree branches B!ranches T))) to

T"C for the province of

7aguindanao and the city of

*otabato, !ranches T))) and T)"with seats at *otabato *ity, and

!ranch T" at 7aganoy6

$hree branches B!ranches T") to

T")))C for the province of #orth

*otabato, !ranch T") with seat at

Habacan, !ranch T")) atHidapawan, and !ranch T"))) at

7idsayap6 and

$wo branches B!ranches T)T andTTC for the province of ultanHudarat, !ranch T)T, with seat at

)sulan, and !ranch TT at $acurong(

ec( >( Qua*ifications/D #o persons shall beappointed Regional $rial &udge unless he is a

natural-born citiIen of the 2hilippines, at least

thirty-five years of age, and for at least ten years,


20/27

has been engaged in the practice of law in the

2hilippines or has held a public office in the2hilippines re%uiring admission to the practice of

law as an indispensable re%uisite(

ec( ?( ,ime and duration of sessions/D $he time

and duration of daily sessions of the Regional $rial

*ourts shall be determined by the upreme*ourtA$rovided5 ho%ever, $hat all motions, e/cept

those re%uiring immediate action, shall be heard inthe afternoon of every 'riday, unless it falls on a

holiday, in which case, the hearing shall be held on

the afternoon of the ne/t succeeding business

dayA$rovided5 further, $hat the upreme *ourtmay, for good reasons, fi/ a different motion day in

specified areas

ec( 9(&ppointment and assignment of Regiona*

,ria* Judges/D 4very Regional $rial &udge shallbe appointed to a region which shall be his

permanent station, and his appointment shall state

the branch of the court and the seat thereof to whichhe shall be originally assigned( 8owever, the

upreme *ourt may assign temporarily a Regional

$rial &udge to another region as public interest mayre%uire, provided that such temporary assignment

shall not last longer than si/ B?C months without the

consent of the Regional $rial &udge concerned(

. Regional $rial &udge may be assigned by theupreme *ourt to any branch or city or municipality

within the same region as public interest may

re%uire, and such assignment shall not be deemed anassignment to another station within the meaning of

this section(

ec( G(&uthority to define territory appurtenant to

each ranch/D $he upreme *ourt shall define theterritory over which a branch of the Regional $rial

*ourt shall e/ercise its authority( $he territory thus

defined shall be deemed to be the territorial area ofthe branch concerned for purposes of determining

the venue of all suits, proceedings or actions,

whether civil or criminal, as well as determining the

7etropolitan $rial *ourts, 7unicipal $rial *ourts,and 7unicipal *ircuit $rial *ourts over the said

branch may e/ercise appellate jurisdiction( $he

power herein granted shall be e/ercised with a viewto making the courts readily accessible to the people

of the different parts of the region and making the

attendance of litigants and witnesses as ine/pensive

as possible(

ec( 1(Jurisdiction in civi* cases/D Regional

$rial *ourts shall e/ercise e/clusive original

jurisdictionA

BC )n all civil actions in which the subject ofthe litigation is incapable of pecuniary

estimation6

B3C )n all civil actions which involve the title

to, or possession of, real property, or anyinterest therein, where the assessed value of

the property involved e/ceeds $wenty

thousand pesos B23,(C or for civilactions in 7etro 7anila, where such the

value e/ceeds 'ifty thousand pesos

B>,(C e/cept actions for forcible entryinto and unlawful detainer of lands orbuildings, original jurisdiction over which is

conferred upon 7etropolitan $rial *ourts,

7unicipal $rial *ourts, and 7unicipal*ircuit $rial *ourts6

B+C )n all actions in admiralty and maritime

jurisdiction where he demand or claim

e/ceeds Kne hundred thousand pesosB2,(C or, in 7etro 7anila, where

such demand or claim e/ceeds $wo hundredthousand pesos B3,(C6

B=C )n all matters of probate, both testate andintestate, where the gross value of the estate

e/ceeds Kne hundred thousand pesos

B2,(C or, in probate matters in7etro 7anila, where such gross value

e/ceeds $wo hundred thousand pesos

B3,(C6

B>C )n all actions involving the contract ofmarriage and marital relations6

B?C )n all cases not within the e/clusive

jurisdiction of any court, tribunal, person or

body e/ercising jurisdiction or any court,tribunal, person or body e/ercising judicial

or %uasi-judicial functions6

B9C )n all civil actions and special

proceedings falling within the e/clusive

original jurisdiction of a &uvenile and5omestic Relations *ourt and of the *ourts

of .grarian Relations as now provided bylaw6 and

BGC )n all other cases in which the demand,

e/clusive of interest, damages of whatever

kind, attorneyFs fees, litigation e/penses, andcosts or the value of the property in

controversy e/ceeds Kne hundred thousand

pesos B,(C or, in such other above-

mentioned items e/ceeds $wo hundredthousand pesos B3,(C( 1&s amended

yR/ &/ No/ EB=?2

ec( 3(Jurisdiction in crimina* cases/D Regional$rial *ourts shall e/ercise e/clusive original

jurisdiction in all criminal cases not within the

e/clusive jurisdiction of any court, tribunal or body,e/cept those now falling under the e/clusive and
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concurrent jurisdiction of the andiganbayan which

shall hereafter be e/clusively taken cogniIance ofby the latter(

ec( 3( Origina* !urisdiction in other cases/D

Regional $rial *ourts shall e/ercise original

jurisdictionA

BC )n the issuance of writs of certiorari,prohibition, mandamus, %uo warranto,

habeas corpus and injunction which may be

enforced in any part of their respectiveregions6 and

B3C )n actions affecting ambassadors and

other public ministers and consuls(

ec( 33(&ppe**ate !urisdiction/D Regional $rial

*ourts shall e/ercise appellate jurisdiction over allcases decided by 7etropolitan $rial *ourts,

7unicipal $rial *ourts, and 7unicipal *ircuit $rial

*ourts in their respective territorial jurisdictions(uch cases shall be decided on the basis of the

entire record of the proceedings had in the court of

origin and such memoranda andPor briefs as may besubmitted by the parties or re%uired by the Regional

$rial *ourts( $he decision of the Regional $rial

*ourts in such cases shall be appealable by petitionfor review to the

*ourt of .ppeals which may give it due course only

when the petition showsprima faciethat the lower

court has committed an error of fact or law that willwarrant a reversal or modification of the decision or

judgment sought to be reviewed(

ec( 3+( Specia* !urisdiction to try specia* cases/D

$he upreme *ourt may designate certain branchesof the Regional $rial *ourts to handle e/clusively

criminal cases, juvenile and domestic relations

cases, agrarian cases, urban land reform cases whichdo not fall under the jurisdiction of %uasi-judicial

bodies and agencies, andPor such other special cases

as the upreme *ourt may determine in the interestof a speedy and efficient administration of justice(

ec( 3=( Specia* Ru*es of $rocedure/D Whenever a

Regional $rial *ourt takes cogniIance of juvenile

and domestic relation cases andPor agrarian cases,the special rules of procedure applicable under

present laws to such cases shall continue to be

applied, unless subse%uently amended by law or byrules of court promulgated by the upreme *ourt(

*8.2$4R )))

74$RK2KL)$.# $R).L *K@R$,

7@#)*)2.L $R).L *K@R$, .#57@#)*)2.L *)R*@)$ $R).L *K@R$

ec( 3>('sta*ishment of "etropo*itan ,ria*

Courts5 "unicipa* ,ria* Courts and "unicipa*Circuit ,ria* Courts/D $here shall be created a

7etropolitan $rial *ourt in each metropolitan area

established by law, a 7unicipal $rial *ourt in eachof the other cities or municipalities, and a 7unicipal

*ircuit $rial *ourt in each circuit comprising such

cities andPor municipalities as are grouped togetherpursuant to law(

ec( 3?( Qua*ifications/D #o person shall be

appointed judge of a 7etropolitan $rial *ourt,

7unicipal $rial *ourt, or 7unicipal *ircuit $rial

*ourt unless he is a natural-born citiIen of the2hilippines, at least + years of age, and, for at least

five years, has been engaged in the practice of law

in the 2hilippines, or has held a public office in the2hilippines re%uiring admission to the practice of

law as an indispensable re%uisite(

ec( 39("etropo*itan ,ria* Courts of the Nationa*

Capita* Region/D $here shall be a 7etropolitan$rial *ourt in the #ational *apital Region, to be

known as the 7etropolitan $rial *ourt of 7etro

7anila, which shall be composed of eighty-two BG3Cbranches( $here shall beA

$hirty branches B!ranches ) to TTTC for the

city of 7anila with seats thereat6

$hirteen branches B!ranches TTT) toTL)))C for :ueIon *ity with seats thereat6

'ive branches B!ranches TL)" to TL")))C

for 2asay *ity with seats thereat6

'ive branches B!ranches TL)T to L)))C for

*aloocan *ity with seats thereat6

Kne branch B!ranch L)"C for #avotas with

seat thereat6

$wo branches B!ranches L" and L")C for

7alabon with seats thereat6

$wo branches B!ranches L")) and L")))Cfor an &uan with seats thereat6

$wo branches B!ranches L)T and LTC for

7andaluyong with seats thereat6

even branches B!ranches LT) and LT"))Cfor 7akati with seats thereat6

'ive branches B!ranches LT"))) to LTT))C

for 2asig with seats thereat6

Kne branch B!ranch LTT)))C for 2ateros

with seat thereat6


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Kne branch B!ranch LTT)"C for $aguig

with seat thereat6

$wo branches B!ranches LTT" andLTT")C for 7arikina with seats thereat6

$wo branches B!ranches LTT")) and

LTT")))C for 2araJa%ue with seats thereat6

Kne branch B!ranch LTT)TC for Las 2iJaswith seat thereat6

Kne branch B!ranch LTTTC for 7untinlupa

with seat thereat6

$wo branches B!ranches LTTT) and

LTTT))C for "alenIuela with seats thereat6

ec( 3G( Other "etropo*itan ,ria* Courts/D $heupreme *ourt shall constitute 7etropolitan $rial

*ourts in such other metropolitan areas as may beestablished by law whose territorial jurisdiction

shall be co-e/tensive with the cities and

municipalities comprising the metropolitan area(

4very 7etropolitan $rial &udge shall be appointedto a metropolitan area which shall be his permanent

station and his appointment shall state branch of the

court and the seat thereof to which he shall be

originally assigned( . 7etropolitan $rial &udge maybe assigned by the upreme *ourt to any branch

within said metropolitan area as the interest of

justice may re%uire, and such assignment shall notbe deemed an assignment to another station within

the meaning of this section(

ec( 31("unicipa* ,ria* Courts in cities/D )n

every city which does not form part of ametropolitan area, there shall be a 7unicipal $rial

*ourt with one branch, e/cept as hereunder

providedA

$wo branches for Laoag *ity6

'our branches for !aguio *ity6

$hree branches for 5agupan *ity6

'ive branches for Klongapo *ity6

$hree branches for *abanatuan *ity6

$wo branches for an &ose *ity6

$hree branches for .ngeles *ity6

$wo branches for *avite *ity6

$wo branches for !atangas *ity6

$wo branches for Lucena *ity6

$hree branches for #aga *ity6

$wo branches for )riga *ity6

$hree branches for Legaspi *ity6

$wo branches for Ro/as *ity6

'our branches for )loilo *ity6

even branches for !acolod *ity6

$wo branches for 5umaguete *ity6

$wo branches for $acloban *ity6

4ight branches for *ebu *ity6

$hree branches for 7andaue *ity6

$wo branches for $agbilaran *ity6

$wo branches for urigao *ity6

$wo branches for !utuan *ity6

'ive branches for *agayan de Kro *ity6

even branches for 5avao *ity6

$hree branches for ;eneral antos *ity6

$wo branches for Kro%uieta *ity6

$hree branches for KIamis *ity6

$wo branches for 5ipolog *ity6

'our branches for Samboanga *ity6

$wo branches for 2agadian *ity6 and

$wo branches for )ligan *ity(

ec( +("unicipa* ,ria* Courts/D )n each of the

municipalities that are not comprised within ametropolitan area and a municipal circuit there shall

be a 7unicipal $rial *ourt which shall have one

branch, e/cept as hereunder providedA

$wo branches for an 'ernando, La @nion6

'our branches for $uguegarao6

$hree branches for Lallo, and two branches

for .parri, both of *agayan6

$wo branches for antiago, )sabela6


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$wo branches each for 7alolos,

7eycauayan and !ulacan, all of !ulacan2rovince6

'our branches for an 'ernando and two

branches for ;uagua, both of 2ampanga6

$wo branches for $arlac, $arlac6

$wo branches for an 2edro, Laguna6 and

$wo branches each for .ntipolo and!inangonan, both in RiIal(

ec( +("unicipa* Circuit ,ria* Court/D $here

shall be a 7unicipal *ircuit $rial *ourt in each area

defined as a municipal circuit, comprising one ormore cities andPor one or more municipalities( $he

municipalities comprising municipal circuits asorganiIed under .dministrative Krder #o( ++,issued on &une +, 19G by the upreme *ourt

pursuant to 2residential 5ecree #o( >+9, are hereby

constituted as municipal circuits for purposes of theestablishment of the 7unicipal *ircuit $rial *ourts,

and the appointment thereto of 7unicipal *ircuit

$rial &udgesA$rovided5 ho%ever, $hat the upreme*ourt may, as the interests of justice may re%uire,

further reorganiIe the said courts taking into

account workload, geographical location, and such

other factors as will contribute to a rationalallocation thereof, pursuant to the provisions of

2residential 5ecree #o( >+9 which shall be

applicable insofar as they are not inconsistent withthis .ct(

4very 7unicipal *ircuit $rial &udge shall be

appointed to a municipal circuit which shall be his

official station(

$he upreme *ourt shall determine the city or

municipality where the 7unicipal *ircuit $rial*ourt shall hold sessions(

ec( +3(Jurisdiction of "etropo*itan ,ria* Courts5"unicipa* ,ria* Courts and "unicipa* Circuit ,ria*

Courts in crimina* cases/D 4/cept in cases falling

within the e/clusive original jurisdiction of

Regional $rial *ourts and of the andiganbayan,the 7etropolitan $rial *ourts, 7unicipal $rial

*ourts, and 7unicipal *ircuit $rial *ourts shall

e/erciseA

BC 4/clusive original jurisdiction over all

violations of city or municipal ordinances

committed within their respective territorial

jurisdiction6 and

B3C 4/clusive original jurisdiction over all

offenses punishable with imprisonment not

e/ceeding si/ B?C years irrespective of the

amount of fine, and regardless of other

imposable accessory or other penalties,including the civil liability arising from such

offenses or predicated thereon, irrespective

of kind, nature, value, or amountthereofA$rovided5 ho%ever5$hat in offenses

involving damage to property through

criminal negligence they shall havee/clusive original jurisdiction thereof( 1&samended yR/ &5 No/ EB=?2

ec( ++(Jurisdiction of "etropo*itan ,ria* Courts5

"unicipa* ,ria* Courts and "unicipa* Circuit ,ria*

Courts in civi* cases/D 7etropolitan $rial *ourts,7unicipal $rial *ourts, and 7unicipal *ircuit $rial

*ourts shall e/erciseA

BC 4/clusive original jurisdiction over civilactions and probate proceedings, testate and

intestate, including the grant of provisionalremedies in proper cases, where the value ofthe personal property, estate, or amount of

the demand does not e/ceed Kne hundred

thousand pesos B2,(C or, in 7etro7anila where such personal property, estate,

or amount of the demand does not e/ceed

$wo hundred thousand pesos B23,(C

e/clusive of interest damages of whateverkind, attorneyFs fees, litigation e/penses, and

costs, the amount of which must be

specifically allegedA 2rovided, $hat wherethere are several claims or causes of action

between the same or different parties,

embodied in the same complaint, the amountof the demand shall be the totality of the

claims in all the causes of action,

irrespective of whether the causes of action

arose out of the same or differenttransactions6

B3C 4/clusive original jurisdiction over cases

of forcible entry and unlawfuldetainerA$rovided5$hat when, in such

cases, the defendant raises the %uestion of

ownership in his pleadings and the %uestion

of possession cannot be resolved withoutdeciding the issue of ownership, the issue of

ownership shall be resolved only to

determine the issue of possession(

B+C 4/clusive original jurisdiction in all civilactions which involve title to, or possession

of, real property, or any interest thereinwhere the assessed value of the property orinterest therein does not e/ceed $wenty

thousand pesos B23,(C or, in civil

actions in 7etro 7anila, where suchassessed value does not e/ceed 'ifty

thousand pesos B2>,(C e/clusive of

interest, damages of whatever kind,attorneyFs fees, litigation e/penses and
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costsA$rovided5 $hat value of such property

shall be determined by the assessed value ofthe adjacent lots( 1&s amended yR/ &/ No/

EB=?2

ec( +=(De*egated !urisdiction in cadastra* and

*and registration cases/D 7etropolitan $rial

*ourts, 7unicipal $rial *ourts, and 7unicipal*ircuit $rial *ourts may be assigned by the

upreme *ourt to hear and determine cadastral orland registration cases covering lots where there is

no controversy or opposition, or contested lots the

where the value of which does not e/ceed Kne

hundred thousand pesos B2,(C, such valueto be ascertained by the affidavit of the claimant or

by agreement of the respective claimants if there are

more than one, or from the corresponding ta/declaration of the real property( $heir decisions in

these cases shall be appealable in the same manneras decisions of the Regional $rial *ourts( 1&samended yR/ &/ No/ EB=?2

ec( +>( Specia* !urisdiction in certain cases/D )n

the absence of all the Regional $rial &udges in a

province or city, any 7etropolitan $rial &udge,7unicipal $rial &udge, 7unicipal *ircuit $rial

&udge may hear and decide petitions for a writ

of haeas corpusor applications for bail in criminalcases in the province or city where the absent

Regional $rial &udges sit(

ec( +?( Summary procedures in specia* cases/D

)n 7etropolitan $rial *ourts and 7unicipal $rial*ourts with at least two branches, the upreme

*ourt may designate one or more branches thereof

to try e/clusively forcible entry and unlawfuldetainer cases, those involving violations of traffic

laws, rules and regulations, violations of the rental

law, and such other cases re%uiring summary

disposition as the upreme *ourt may determine(

$he upreme *ourt shall adopt special rules orprocedures applicable to such cases in order to

achieve an e/peditious and ine/pensivedetermination thereof without regard to technical

rules( uch simplified procedures may provide that

affidavits and counter-affidavits may be admitted inlieu of oral testimony and that the periods for filing

pleadings shall be non-e/tendible(

ection +9($re*iminary investigation/D &udges of

7etropolitan $rial *ourts, e/cept those in the

#ational *apital Region, of 7unicipal $rial *ourts,and 7unicipal *ircuit $rial *ourts shall have

authority to conduct preliminary investigation ofcrimes alleged to have been committed within their

respective territorial jurisdictions which are

cogniIable by the Regional $rial *ourts(

$he preliminary investigation shall be conducted inaccordance with the procedure prescribed in ection

, paragraphs BaC, BbC, BcC, and BdC, of 2residential

5ecree #o( 1A$rovided5 ho%ever5$hat if afterthe preliminary investigation the &udge finds

aprima faciecase, he shall forward the records of

the case to the 2rovincialP*ity 'iscal for the filingof the corresponding information with the proper

court(

#o warrant of arrest shall be issued by the &udge in

connection with any criminal complaint filed withhim for preliminary investigation, unless after an

e/amination in writing and under oath or

affirmation of the complainant and his witnesses, he

finds that a probable cause e/ists(

.ny warrant of arrest issued in accordance herewith

may be served anywhere in the 2hilippines(

ec( +G(Judgments and processes/D

BC .ll judgments determining the merits of

cases shall be in writing, stating clearly thefacts and the law on which they were based,

signed by the &udge and filed with the *lerk

of *ourt( uch judgment shall be appealableto the Regional $rial *ourts in accordance

with the procedure now prescribed by law

for appeals to the *ourt of 'irst )nstance, bythe provisions of this .ct, and by such rules

as the upreme *ourt may hereafterprescribe(

B3C .ll processes issued by the 7etropolitan$rial *ourts, 7unicipal $rial *ourts and

7unicipal *ircuit $rial *ourts, in cases

falling within their jurisdiction, may beserved anywhere in the 2hilippines without

the necessity of certification by the &udge of

the Regional $rial *ourt(

*8.2$4R )";4#4R.L 2RK"))K#

ec( +1(&ppea*s/D $he period for appeal from

final orders, resolutions, awards, judgments, or

decisions of any court in all cases shall be fifteenB>C days counted from the notice of the final order,

resolution, award, judgment, or decision appealed

fromA$rovided ho%ever, $hat in haeascorpuscases, the period for appeal shall be forty-

eight B=GC hours from the notice of the judgment

appealed from(

#o record on appeal shall be re%uired to take anappeal( )n lieu thereof, the entire record shall be

transmitted with all the pages prominently

numbered consecutively, together with an inde/ ofthe contents thereof(
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7e it enacted y the Senate and House of

Representatives of the $hi*ippines in Congressassem*edG

+ection 1.ec( 1 of !atas 2ambansa !lg(31,otherwise known as the


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jurisdiction reviewer (2)

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