Remedial law reviewer
JURISDICTION OF THE COURTS
Jurisdiction of the Supreme Court
1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with RTC).
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in:
Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in question;
Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed thereto;
Cases involving the jurisdiction of lower courts;
All criminal cases in which the penalty imposed is reclusion perpetua or higher;
All cases in which only an error or question of law is involved.
Jurisdiction of the Court of Appeals
1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction (concurrent with SC and RTCs)
2. EXCLUSIVE original jurisdiction over actions for annulment of judgments of RTCs.
3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs and quasi-judicial agencies, bodies, or commissions,
except those which fall within the appellate jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.
Jurisdiction of the Regional Trial Courts
I. EXCLUSIVE ORIGINAL
A. Civil Cases
Cases where the subject of the litigation is incapable of pecuniary estimation;
Involving the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds P20,000/ P50,000, except actions for forcible entry and unlawful detainer;
All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P200,000/P400,000;
Probate proceedings, both testate and intestate, where the gross value of the estate P200,000/P400,000;
In all actions involving the contract of marriage and marital relations;
In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction;
In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and
In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds P200,000/P400,000;
B. Criminal Cases
All criminal cases not within the exclusive jurisdiction of any court, tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan.
N.B. RTC has jurisdiction over criminal cases where the penalty imposable:
Exceeds 4 years 2 mos 1 day imprisonment, irrespective of fine
Exceeds fine of P4000, if only a fine is imposable
à Manzano vs. Valera
Libel is punishable by prision correcional in its minimum and medium periods. R.A. 7691 places jurisdiction over criminal cases where the penalty is 6 years or less with the MTCs. However, Art. 360 of the RPC gives jurisdiction over libel cases to the RTC. Special law (RPC) must prevail over general laws (RA 7691). Also, from the provisions of R.A. 7691, there is no manifest intent to repeal or alter the jurisdiction in libel cases.
II. ORIGINAL
* Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions (concurrent with SC and CA).
* In actions affecting ambassadors and other public ministers and consuls (concurrent with SC).
* Over offenses committed NOT in relation with public office with imprisonment exceeding 6 years committed by public officers classified as salary grade 27 or higher
* Over election contests for municipal offices.
III. APPELLATE
All cases decided by the lower courts (MTCs) in their respective territorial jurisdictions.
NOTE: no trial de novo; case is decided on the basis of decision and supporting affidavits.
Jurisdiction of the Family Courts (R.A. 8369)
Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
Criminal cases where:
One or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, OR
One or more of the victims is a minor at the time of the commission of the offense.
Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to the "Child and Youth Welfare Code";
Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
Petitions for adoption of children and the revocation thereof;
Complaints [for]:
Annulment of marriage
Declaration of nullity of marriage
Those relating to marital status and property relations of:
Husband and wife OR
Those living together under different status and agreements, AND
Petitions for dissolution of conjugal partnership of gains;
Petitions for support and/or acknowledgment;
Summary judicial proceedings brought under the provisions of the "Family Code of the Philippines";
Petitions for:
Declaration of status of children as
Abandoned
Dependent OR
Neglected children
Voluntary or involuntary commitment of children;
The suspension, termination, or restoration of parental authority and other cases cognizable under "Child and Youth Welfare Code", Executive Order No. 56, (Series of 1986), and other related laws;
Petitions for the constitution of the family home;
Cases against minors cognizable under the Dangerous Drugs Act, as amended;
Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and
Cases of domestic violence against:
Women
à Acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom of movement; AND
Children
à Includes the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused shall be subject to criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court.
Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals from the ordinary Regional Trial Courts.
Jurisdiction of the Municipal Trial Courts, Metropolitan Trial Courts and the Municipal Circuit Trial Courts
A. EXCLUSIVE ORIGINAL
1. Civil Cases
Civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies where the demand, exclusive of interest, damages, attorney’s fees and costs, does not exceed P100,000/200,000.
Exclusive original jurisdiction over cases of forcible entry and unlawful detainer; issue of ownership resolved only to determine issue of possession.
à After lapse of 1 year, MTC loses jurisdiction, and case becomes one for recovery of possession de jure (accion publicicana), although MTC may still have jurisdiction if value of property does not exceed P20,000/50,000.
Actions involving personal property valued at not more than P100,000/200,000.
Actions involving title or possession of real property where the assessed value does not exceed P20,000/50,000.
2. Criminal Cases
* Violations of city or municipal ordinances.
* All offenses punishable with not more than 4 years 2 mos 1 day imprisonment, irrespective of fine.
* All offenses punishable by only a fine of not more than P4,000.
* Offenses involving damage to property through criminal negligence.
3. Election Cases
Offense of failure to register or failure to vote.
Election contests for barangay offices.
B. DELEGATED JURISDICTION in cadastral and land registration cases covering:
1. Lots where there is no controversy or opposition; OR
2. Contested lots the value of which does not exceed P100,000.
à decisions of the MTC in these cases are appealable to the CA
Summary Procedure
Cases Applicable
A. Civil Cases
All cases of forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals; without question of ownership; attorney’s fees not exceeding P20,000 if quieting of ownership; resolved to determine question of possession.
Other civil cases EXCEPT probate proceedings, where the total amount of the claim does not exceed P10,000, exclusive of interest and cost.
B. Criminal cases
*Violation of traffic laws, rules, regulations
*Violation of rental laws
*Violations of city or municipality ordinances
*All other criminal cases where the penalty does not exceed 6 months or a fine of P1000 or both, irrespective of other imposable penalties or of the amount of civil liability
*Damage to property through criminal negligence where the fine does not exceed P10,000.
Prohibited pleadings and motions
* Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter or
* failure to comply with Katarungang Pambarangay (LGC) requirements
* Motion for bill of particulars
* Motions for new trial, reconsideration, re-opening
* Petition for relief from judgment
* Motion for extension of time to file pleadings, affidavits
* Memoranda
* Petition for certiorari, mandamus, and prohibition against any interlocutory order issued by the court
* Motion to declare defendant in default
* Dilatory motion for postponement
* Reply
* Third-party complaints
* Motion for intervention
Jurisdiction of the Housing and Land Use Regulatory Board (HLURB)
EXCLUSIVE jurisdiction over
* Unsound real estate business practices
* Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker, or salesman
* Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner, developer, dealer, broker, or salesman
Jurisdiction of the Katarungang Pambarangay (Under the Local Government Code of 1991)
1. No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless:
There has been a confrontation between the parties before the lupon chairman or pangkat, AND
That no conciliation or settlement has been reached as certified by the lupon/pangkat secretary as attested to by lupon chairman or pangkat chairman, or unless such settlement has been repudiated by the parties thereto
2. Disputes subject to Conciliation Requirement: All disputes between parties actually residing in the same city or municipality
à HOWEVER, the court in which non-criminal cases not falling within the authority of the Lupon may, at any time before trial, refer the case to the lupon for amicable settlement.
3. Exceptions to Conciliation Requirement (SC Circular 14-93)
Where one party is the government, or any subdivision or instrumentality thereof;
Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;
Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
Disputes involving parties who actually reside in barangays of different cities or municipalities, EXCEPT:
* Where such barangay units adjoin each other, AND
* The parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;
Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
Offenses where there is no private offended party;
Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following:
* Criminal cases where accused is under police custody or detention;
* Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf;
* Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; AND
* Actions which may be barred by the Statute of Limitations.
Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice;
Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sections. 46 & 47, R.A. 6657);
Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment);
Actions to annul judgment upon a compromise, which may be filed directly in court.
* Venue of proceedings:
Situation | Venue |
Parties reside in same barangay | That barangay |
Parties reside in different barangays | Barangay where respondent, or any of the respondents, actually resides, at the option of the complainant |
Disputes involving real property or interest therein | Barangay where property is situated |
Disputes arising at the workplace where the contending parties are employed, or at the institution where such parties are enrolled for study | Barangay where such workplace or institution is located |
à Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, they are deemed waived. Legal questions that might arise in resolving such objections before the punong barangay are to be submitted to the Secretary of the DOJ, whose ruling shall be binding.
5. Effect of non-compliance:
Dismissal upon motion of defendants for failure to state cause of action or prematurity; OR
Suspension of proceedings upon petition and referral of case motu proprio to appropriate barangay authority.
6. Procedure for Amicable Settlement:
* Complainant pays appropriate filing fees, and shall complain, orally or in writing, to the lupon chairman of the barangay;
* Lupon chairman shall make attempts at mediation; if he fails within 15 days from date of first meeting, he shall set a date for the constitution of a pangkat ng tagapagsundo (3 members; chosen by the parties from the list of the members of the lupon)
* Pangkat shall have power to issue summons, and shall hear both parties and their witnesses, and attempt to arrive at an amicable settlement. Within 15 days from the day it convenes, it shall arrive at said settlement or resolution of the dispute.
à During the 15-day period when the dispute is under mediation, the prescriptive periods for offenses, and for causes of action shall be interrupted upon filing of the complaint with the punong barangay. Said interruption shall not exceed 60 days from said filing.
à In all proceedings, parties must appear in person without the assistance of counsel or representatives, EXCEPT for minors and incompetents who may be assisted by their next-of-kin who are not lawyers.
7. Amicable settlement shall have the force and effect of a final judgment upon the expiration of 10 days from date of amicable settlement, unless:
a. It is repudiated, or
Repudiation must be done within 10 days, by filing a sworn statement with the lupon chairman;
The grounds for repudiation are vitiation of consent by fraud, violence or intimidation;
Such repudiation is a sufficient basis for the issuance of a certification for filing a complaint with the court.
b. A petition to nullify the settlement is filed in the proper city or municipal court
à The settlement agreed upon does not have the force and effect of a final judgment when the dispute is not within jurisdiction of the lupon but submitted to it. In this case, the compromise agreed upon by the parties before the lupon/pangkat chair shall be submitted to the court and upon approval thereof, shall have the force and effect of a judgment of said court.
8. Execution of amicable settlement:
a. Within 6 months from date of settlement: by the lupon.
b. Thereafter, by action in the appropriate city of municipal court
9. Certification of barangay authorities (for filing a complaint in court) shall be issued only upon complying with the following requirements:
Issued by lupon secretary and attested by lupon chairman/ punong barangay, that confrontation took place and conciliation settlement was reached, but subsequently repudiated.
Issued by pangkat secretary and attested by pangkat chairman, that:
There was a confrontation but no settlement; OR
There was no personal confrontation without any fault on the part of the complainant.
Issued by the Punong Barangay, as requested by the proper party, on the ground of failure of settlement, where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there has been no settlement as certified by the datu or tribal leader or elder, to the Punong Barangay of the place of settlement.
à If mediation or conciliation proved unsuccessful before punong barangay there having been no agreement reached to conciliate, OR respondent failed to appear before punong barangay, Punong Barangay shall not issue the certification (because now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or arbitration proceedings shall be held.)
Jurisdiction of the Sandiganbayan
A. ORIGINAL
Violations of:
“Anti-Graft and Corrupt Practices Act”;
R.A. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any Property Found to Have Been Unlawfully Acquired By Any Public Officer or Employee and Providing for the Proceedings Therefor”); or
Title VII, Chapter II, § 2 of the RPC (i.e., Articles 210-212 of RPC)
à Where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
* Officials of executive branch occupying positions classified as Grade 27 or higher, specifically including:
* Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads;
* City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers and other city department heads;
* Officials of the diplomatic service occupying the position of consul and higher;
* Philippine army and air force colonels, naval captains, and all officers of higher rank;
* Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;
* City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
* Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations;
* Members of Congress and officials thereof classified as Grade 27 or higher
* Members of the Judiciary, without prejudice to the provisions of the Constitution (on impeachment)
* Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution
* All other national and local officials classified as Grade 27 or higher; or
Other offenses or felonies, committed by public officials and employees mentioned in #1, in relation to their office, whether simple or complexed with other crimes
Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A series of 1986.
Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction: provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court and over petitions of similar nature, including quo warranto, arising or that may arise in cases failed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A (concurrent with SC)
à If the last element, namely, “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the SB.
à The offense is committed in relation to the office if the offense is intimately connected with the office of the offender and perpetuated while he was in the performance of his official functions, or when the crime cannot exist without the office, or the office is a constituent element of the crime as defined in the statute.
B. EXCLUSIVE APPELLATE
If none of the principal accused are occupying positions of grade 27 or higher, original jurisdiction will be with either the MTC or RTC; SB will exercise exclusive appellate jurisdiction on said cases.
à The procedure prescribed in BP Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan.
C. Notes:
* Private individuals charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in GOCCs, shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.
* Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate court, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized.
* Decisions of the Sandiganbayan:
a. Appealable to the SC by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court;
b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be appealable to the SC by Notice of Appeal;
c. If penalty imposed is death, review by the Supreme Court shall be automatic, whether or not the accused filed an appeal.
Jurisdiction of The Court of Tax Appeals
EXCLUSIVE APPELLATE JURISDICTION over:
* Decisions of the Collector of Internal Revenue in cases involving disputed assessments, refunds of taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the NIRC;
* Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines, forfeitures, or other matters arising penalties imposed in relation thereto; and other matters arising under the Customs Law; and
* Decisions of provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law.
à Jao v. CA (reiterated in Bureau of Customs v. Ogario, March 2000)
RTCs are devoid of any competence to pass upon the validity or regularity of seizure and forfeiture proceedings conducted by the Bureau of Customs and to enjoin or otherwise interfere with these proceedings. The Collector of Customs sitting in seizure and forfeiture proceedings has exclusive jurisdiction to hear and determine all questions touching on the seizure and forfeiture of dutiable goods. The Regional Trial Courts are precluded from assuming cognizance over such matters even through petitions of certiorari, prohibition or mandamus. The proper remedy is to appeal to the Commissioner of Customs and thereafter to the Court of Tax Appeals.
