RULES AND PROCEDURES

The Rules of Court of the Philippines, as amended and the rules and regulations issued
by the Supreme Court, define the rules and procedures of the judiciary. These rules and
regulations are in the form of administrative matters, administrative orders, circulars,
memorandum circulars, memorandum orders, and OCA circulars. The Supreme Court
disseminates these rules and regulations to all courts, publishes important ones in
newspapers of general circulation, prints them in book or pamphlet form, and uploads
them to the Supreme Court website and the Supreme Court E-Library website.
On June 21, 1988, the Supreme Court promulgated the Code of Professional
Responsibility for the legal profession. The draft was prepared by the Committee on
Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.
APPOINTMENTS TO THE JUDICIARY
By virtue of Article VIII, Section 8, appointments to the judiciary are made by the
President of the Philippines based on a list submitted by the Judicial and Bar Council
which is under the supervision of the Supreme Court. Its principal function is to screen
prospective appointees to any judicial post. It is composed of the chief justice as exofficio chairman, the Secretary of Justice and representatives of Congress as ex-officio
members, and a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court and a representative of the private sector as members.
PHILIPPINE JUDICIAL ACADEMY
The Philippine Judicial Academy (PHILJA) is the training school for justices, judge,
court personnel, lawyers and aspirants to judicial posts. It was originally created by
the Supreme Court on March 16, 1996 by virtue of Administrative Order No. 35-96, and
was institutionalized on February 26, 1998 by virtue of Republic Act No. 8557. No
appointee to the bench may commence the discharge his adjudicative function without
completing the prescribed court training in the academy. Its organizational structure and
administrative setup are provided for by the Supreme Court in its en banc resolution
(Revised A.M. No. 01-1-04-sc-PHILJA).
PHILIPPINE MEDIATION CENTER
The Philippine Mediation Center was organized pursuant to the en banc Supreme Court
Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, and in line with the
objectives of the Action Program for Judicial Reforms (APJR) to decongest court
dockets, among others, the court prescribed guidelines in institutionalizing and
implementing the mediation program in the Philippines. The same resolution designated
the Philippine Judicial Academy as the component unit of the Supreme Court for CourtAnnexed Mediation and other Alternative Dispute Resolution (ADR) mechanisms, and
established the Philippine Mediation Center (PMC).
Mandatory Continuing Legal Education Office was organized to implement the rules on
Mandatory Continuing Legal Education for members of the Integrated Bar of the

Philippines (B.M. No. 850 Mandatory Continuing Legal Education (MCLE)). It holds
office in the Integrated Bar of the Philippines main office.
KATARUNGANG PAMBARANGAY
Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on
December 11, 1978, and established a system of amicably settling disputes at the
barangay level. This decree and the Local Government Code provided rules and
procedures, Title I, Chapter 7, Sections 339-422. This system of amicable settlement of
dispute aims to promote the speedy administration of justice by easing the congestion
of court dockets. The court does not take cognizance of cases filed if they are not filed
first with the Katarungang Pambarangay.
ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution
system, which serves to promote the speedy and impartial administration of justice and
unclog the court dockets. This act shall be without prejudice to the adoption of the
Supreme Court of any ADR system such as mediation, conciliation, arbitration or any
combination thereof.
According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises
the following powers:
1. Exercise jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm, on appeal or certiorari,
as the law or the Rules of Court may provide, final judgments and
orders of the lower courts in:
All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto;
All cases in which the jurisdiction of any lower court is in
issue;
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;
3. Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignments shall
not exceed six months without the consent of the judge
concerned.

4. Order a change of venue or place of trial to avoid a miscarriage

of justice.
1. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts; the admission to the
practice of law, the Integrated Bar; and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts the same grade, and shall not
diminish, increase or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
2. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law (Sec. 5 , id.).
The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement
of constitutional rights, pleadings and practice and procedure in all courts, and the admission in the
practice of law. Amendments are promulgated through the Committee on Revision of Rules. The Court
also issues administrative rules and regulations in the form of court issuances posted on the Supreme
Court E-Library website.

Court of Appeals
The Court of Appeals is the second highest tribunal in the country, which was
established on February 1, 1936 by virtue of Commonwealth Act No. 3. The current
form of the Court of Appeals was constituted through Batas Pambansa Blg. 129, as
amended by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act
No. 8246.
The jurisdiction of the Court of Appeals are as follows:
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;
2. Exclusive original jurisdiction over actions for annulment of judgements of
Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or
awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities,
boards or commission.
The Court of Appeals shall also have the power to try cases and conduct hearings,
receive evidence and perform acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or proceedings.
The Court of Appeals is composed of one presiding justice and 68 associate justices, all
of which are appointed by the President from a shortlist submitted by the Judicial and
Bar Council. The associate justices shall have precedence according to the dates (or
order, in case of similar appointment dates) of their respective appointments. The

qualifications for the justices of the Supreme Court also apply to members of the Court
of Appeals.
The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is set to
retire on May 11, 2020.
Court of Tax Appeals
The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals,
was created by virtue of Republic Act No. 1125, which was signed into law on June 16,
1954. Its present-day form was constituted through RA 1125, as amended by Republic
Act No. 9282 and Republic Act No. 9503.
The CTA exercises jurisdiction in the following:
1. Exclusive appellate jurisdiction to review by appeal, as herein provided:
1. Decisions of the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or
other matters arising under the National Internal Revenue or
other laws administered by the Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relations thereto, or
other matters arising under the National Internal Revenue
Code or other laws administered by the Bureau of Internal
Revenue, where the National Internal Revenue Code provides a
specific period of action, in which case the inaction shall be
deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in
local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
4. 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 penalties in relation thereto, or other matters arising under
the Customs Law or other laws administered by the Bureau of
Customs;
5. Decisions of the Central Board of Assessment Appeals in the
exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by
the provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated
to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the Government
under Section 2315 of the Tariff and Customs Code;

7. Decisions of the Secretary of Trade and Industry, in the case of

non-agricultural product, commodity or article, and the Secretary
of Agriculture in the case of agricultural product, commodity or
article, involving dumping and countervailing duties under
Section 301 and 302, respectively, of the Tariff and Customs
Code, and safeguard measures under Republic Act No. 8800,
where either party may appeal the decision to impose or not to
impose said duties.
2. Jurisdiction over cases involving criminal offenses as herein provided:
1. Exclusive original jurisdiction over all criminal offenses arising
from violations of the National Internal Revenue Code or Tariff
and Customs Code and other laws administered by the Bureau of
Internal Revenue or the Bureau of Customs: Provided, however,
that offenses or felonies mentioned in this paragraph where the
principal amount of taxes and fees, exclusive of charges and
penalties, claimed is less than P1 million or where there is no
specified amount claimed shall be tried by the regular courts and
the jurisdiction of the CTA shall be appellate.
2. Exclusive appellate jurisdiction in criminal offenses:
1. Over appeals from the judgments, resolutions or orders of
the Regional Trial Courts in tax cases originally decided by
them, in their respective territorial jurisdiction.
2. Over petitions for review of the judgments, resolutions or
orders of the Regional Trial Courts in the exercise of their
appellate jurisdiction over tax cases originally decided by
the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in their respective jurisdiction.
3. Jurisdiction over tax collection cases as herein provided:
1. Exclusive original jurisdiction in tax collection cases
involving final and executory assessments for taxes,
fees, charges and penalties: Provided, however, that
collection cases where the principal amount of taxes
and fees, exclusive of charges and penalties, claimed
is less than P1 million shall be tried by the proper
Municipal Trial Court, Metropolitan Trial Court and
Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection
cases:
1. Over appeals from the judgments, resolutions
or orders of the Regional Trial Courts in tax
collection cases originally decided by them, in
their respective territorial jurisdiction.
2. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial
Courts in the Exercise of their appellate
jurisdiction over tax collection cases originally

decided by the Metropolitan Trial Courts,

Municipal Trial Courts and Municipal Circuit Trial
Courts, in their respective jurisdiction.
The CTA is composed of one presiding justice and 8 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council.
The associate justices shall have precedence according to the dates (or order, in case
of similar appointment dates) of their respective appointments. The qualifications for the
justices of the Court of Appeals also apply to members of the CTA.
The current presiding justice of the CTA is Roman del Rosario, who is set to retire on
October 6, 2025.
Sandiganbayan
To attain the highest norms of official conduct among officials and employees in the
government, the creation of a special graft court to be known as the Sandiganbayan
was provided for in Article XIII, Section 5 of the 1973 Constitution. This court was
formally established through Presidential Decree No. 1606, which was signed into law
on December 10, 1978.
Through Article XI (Accountability of Public Officers), Section 4 of the 1987 Constitution,
the Sandiganbayan was carried over to the post-EDSA Revolution republic. The current
form of the Sandiganbayan was constituted through PD 1606, s. 1978, as amended by
Republic Act No. 7975 and Republic Act No. 8245.
The Sandiganbayan has jurisdiction over the following:
1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act,
as amended, and Chapter II, Section 2, Title VII, Book II of the Revised Penal
Code, 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:
1. Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as grade 27 and
higher, of the Compensation and Position Classification Act of
1989 (Republic Act No. 6758), specifically including:
1. Provincial governors, vice-governors, members of the
sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department
heads;
2. City mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors engineers and other
city department heads;
3. Officials of the diplomatic service occupying the position of
consul and higher;

4. Philippine army and air force colonels, naval captains, and

all officers of higher rank;
5. Officers of the Philippine National Police while occupying
the position of provincial director and those holding the
rank of senior superintendent or higher;
6. City and provincial prosecutors and their assistants, and
officials and prosecutors in the Office of the Ombudsman
and special prosecutor;
7. Presidents, directors or trustees, or managers of
government-owned or -controlled corporations, state
universities or educational institutions or foundations;
2. Members of Congress and officials thereof classified as grade 27
and up under the Compensation and Position Classification Act of
1989;
3. Members of the judiciary without prejudice to the provisions of
the constitution;
4. Chairmen and members of constitutional commissions, without
prejudice to the provisions of the constitution; and
5. All other national and local officials classified as Grade 27 and
higher under the Compensation and Position Classification Act of
1989.
2. Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a of
this section in relation to their office.
3. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, s. 1986.
In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final
judgments, resolutions or orders or regional trial courts whether in the exercise of their
own original jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan also has exclusive original jurisdiction over 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 and over
petitions of similar nature, including quo warranto, arising or that may arise in cases
filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A issued in 1986.
In case private individuals are charged as co-principals, accomplices or accessories
with the public officers or employees, including those employed in govemment-owned or
controlled corporations, they shall be tried jointly with said public officers and employees
in the proper courts which shall exercise exclusive jurisdiction over them.
The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of
which are appointed by the President from a shortlist submitted by the Judicial and Bar
Council. The associate justices shall have precedence according to the dates (or order,
in case of similar appointment dates) of their respective appointments.