Jurisdiction of Phil. Courts.: B. P. 129 As Amended by
This document outlines the jurisdiction of Philippine courts. It discusses the expanded jurisdiction of trial courts through recent laws. It details the original and appellate jurisdiction of Metropolitan Trial Courts (MTC), Regional Trial Courts (RTC), Court of Appeals (CA), and Supreme Court (SC). It also discusses special jurisdictions like family courts, commercial courts, and agrarian courts. The document provides information on rules governing summary procedures and special laws related to court jurisdiction.
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Jurisdiction of Phil. Courts.: B. P. 129 As Amended by
This document outlines the jurisdiction of Philippine courts. It discusses the expanded jurisdiction of trial courts through recent laws. It details the original and appellate jurisdiction of Metropolitan Trial Courts (MTC), Regional Trial Courts (RTC), Court of Appeals (CA), and Supreme Court (SC). It also discusses special jurisdictions like family courts, commercial courts, and agrarian courts. The document provides information on rules governing summary procedures and special laws related to court jurisdiction.
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JURISDICTION OF
PHIL. COURTS.
B. P. 129 AS AMENDED BY;
a) R.A. 7691 : ” AN ACT EXPANDING THE JURISDICTION OF
THE TRIAL COURTS’. b) R.A 7902’: “AN ACT EXPANDING THE JURISDICTION OF THE COURT OF APPEALS; c) R.A 8246’: AN ACT INCREASING THE NUMBER OF DIVISION OF THE COURT APPEALS.
MTC; METC; MCTC.
1. Exclusive original jurisdiction over claim not exceeding P300,000.00 IN PLACES OUSIDE OF METROMANILA and not exceeding P400,000.00 in METRO MANILA.
2. In cases of admiralty or maritime, if claims does
not exceed P300,000.00 outside Metro Manila and P400,000.00 in Metro Manila.
3. In Probate cases where the gross value of the estate whether personal or real does not exceed P300,000.00 outside Metro manila and P400,000.00 in Metro Manila. 4. Exclusive original jurisdiction over unlawful detainer and forcible entry cases regardless of the amount of rentals or damages prayed for, even if the rentals or damages run into millions.
5. Exclusive original jurisdiction over civil actions
involving title to or possession of real property or any interest therein depending on the assessed value of the land subject of litigation. if the assessed value of the land or interest therein does not exceed P20,000.00 outside Metro Manila and P50,000.00 in Metro Manila, the MTC has original jurisdiction over the case. 6. Special jurisdiction over petitions for writ of habeas corpus in the absence of all judges of the RTC in the province or city where it sits.( Special Jurisdiction). 7. Delegated jurisdiction over Cadastral and Land Registration cases covering lots where there is no controversy or opposition or in case of contested lots where the value does not exceed P100,000.00. assigned by the Supreme Court. (Delegated jurisdiction). NOTE: DECISIONS RENDERED BY THE MTC/METC/MCTC OVER CADASTRAL AND LAND REGISTRATION CASES IN THE EXERCISE OF ITS DELEGATED JURISDICTION SHALL BE APPEALABLE DIRECTLY TO THE COURT OF APPEALS BECAUSE THE MTC IN ITS DELEGATED JURISDICTION IS ACTING AS AN RTC. B) REGIONAL TRIAL COURT (RTC):
All other cases not within the jurisdiction of the MTC et. al. or of any other judicial or quasi judicial agency shall be filed with the RTC as a court of general jurisdiction.
1) Exclusive original jurisdiction over cases which used to be with the jurisdiction of the SEC.
2) Exclusive original jurisdiction over all cases not capable
of pecuniary estimation.
3) All actions of admiralty and maritime where demand or claim exceeds P300,000.00 outside Metro Manila and P400,000.00 in Metro Manila. 4) In matters of probate, testate or intestate where the gross value of the estate exceeds P300,000.00 outside Metro Manila and P400,000.00 in Metro Manila.
5) In all actions involving contract of marriage and marital relations.
6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi judicial functions.
7) In all civil actions, special proceedings falling within the exclusive jurisdiction of the juvenile and domestic relations court and Court of Agrarian Reform. 8) In all other cases, in which the demand exclusive of interest, damages of whatever kind, atty’s fees, litigation expenses and costs or the value of the property in controversy exceeds P300,000.00 outside Metro Manila and P400,000.00 in Metro Manila.
9) Original jurisdiction in the issuance of writs of Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas corpus and Injunction enforceable in any part of their respective regions.
10) Original jurisdiction of all actions affecting ambassadors and other public ministers and consuls.
APPELLATE JURISDICTION:
11) Over all cases decided by MTC/METC/MCTC in their respective territorial jurisdiction.
SPECIAL JURISDICTION:
12) Supreme Court may designate certain branches of the RTC to handle exclusively criminal cases, juvenile cases, land reform cases and other cases which does not fall under the jurisdiction of quasi judicial bodies and agencies. On October 28,1997, Congress enacted R.A 8369 otherwise known as ‘FAMILY COURT ACT OF 1997’.designating some RTC branches to sit as Family Court exercising exclusive original jurisdiction in the following cases:
1. Petition for guardianship , custody of children, habeas corpus. 2. Petition for adoption of minor children and revocation thereof. 3. Complaints of annulment of marriage, declaration of nullity and those relating to marital status and property relations between husband and wife. 4. Petitions for support and acknowledgment of minor children.
5. Petitions for declaration of status of children as
abandoned, dependent ,or neglected children.
6. Petition for declaration of family home (Note, this
proceeding is no longer required under the Family Code).
7. Summary judicial proceedings pursuant to the Family
Code.
8. All cases of domestic violence against women and
children as defined therein but which doesn’t constitute criminal offense. AS SPECIAL COMMERCIAL COURTS as designated by the Supreme Court: RTC exercise original jurisdiction over the following:
1. Cases involving violations of intellectual property rights.
2. Cases enumerated under Section 5 of P.D. 902 A like fraud scheme cases, intra corporate disputes, election cases, petition for suspension of payments and or rehabilitation proceedings. 3. Rehabilitation, Insolvency and liquidation cases.
AS SPECIAL AGRARIAN COURTS:
RTC exercise exlusive original jurisdiction over all petitions for the determination of just compensation to landowners and prosecution of all criminal offenses under the comprehensive reform law. C) COURT OF APPEALS.( C.A.)
1. Exclusive original jurisdiction in all actions for annulment of judgments of RTC. 2. Concurrent and original jurisdiction with the SC to issue writs of Certiorari, Prohibitions,, Mandamus against :a) RTC; b) Civil Service Commission; c) Central Board of Assessment Appeals; d) all quasi judicial agencies mentioned under Rule 43; e) NLRC ( St. Martins Funeral Homes vs. NLRC, 295 SCRA 494). 3. Concurrent and original jurisdiction with the S.C. and the RTC to issue writs of Certiorari, Prohibition ,Mandamus against lower courts and to issue writs of Quo warrranto and Habeas Corpus whether or not in aid of its appellate jurisdiction. 4. Exclusive appellate jurisdiction by way of Ordinary appeal from the RTC and Family Courts.
5. Exclusive appellate jurisdiction by way of Petition for Review from RTC rendered in the exercise of its appellate jurisdiction.
6. Exclusive appellate jurisdiction by way of Petition for Review from the decisions, resolutions or awards of the Civil Service Commission, Central Board of Assessment Appeals and other quasi judicial agencies and of the Ombudsman in Administrative disciplinary cases. ( Enemicio vs. Office of The Ombudsman,419 SCRA 82). NOTE: THAT UNDER R.A 9282, ALL JUDGMENTS AND FINAL ORDERS OF THE COURT OF TAX APPEALS ( CTA) ARE NO LONGER APPEALABLE TO THE COURT OF APPEALS BY WAY OF PETITION FOR REVIEW. JUDGMENTS OF THE CTA RENDERED EN BANC ARE DIRECTLY APPEALABLE TO THE SUPREME COURT BY WAY OF PETTION FOR REVIEW UNDER RULE 45.
7. Exclusive appellate jurisdiction over decisions of MTC
in Cadastral cases or Land Registration cases pursuant to the delegated jurisdiction of the MTC. INSTANCES WHEN THE COURT OF APPEALS MAY ACT AS A TRIAL COURT pursuant to Section 12, Rule 124 of the Rules of Court. .
1. In annulment of Judgment in case the CA finds prima facie merit in the petition, the same shall be given due course and trial before the CA shall be conducted where the CA may issue summons observing the procedure in ordinary civil cases . 2. When a motion for new trial is granted by the CA. the procedure in the new trial shall be the same as that granted by the RTC. 3. A petition for Habeas corpus, Habeas data or petition for Amparo filed with the CA shall be set for hearing 4. in cases where new evidence is discovered , CA may conduct a new trial D) SUPREME COURT (S.C.)
1. Exclusive original jurisdiction in Petitions for Certiorari, Prohibition and Mandamus against: a) CA; b)Commission on Election (COMELEC); c) Commission on Audit (COA); d) Sandiganbayan; e) Court of Tax Appeals (CTA). 2. Concurrent original jurisdiction with the CA in Petitions for Certiorari, Prohibition, Mandamus against: a) RTC; b) Civil Service Commission; c) NLRC; d) Central Board of Assessment Appeals (CBAA); e) other quasi judicial agencies. 3. Concurrent original jurisdiction with the CA and RTC over Petitions for Certiorari, Prohibition, Mandamus against lower courts and bodies and Petitions for Quo Warranto and Habeas Corpus. 4. Concurrent jurisdiction with the RTC in cases affecting ambassadors, public ministers and consuls.
5. Appellate jurisdiction by way of petition for review on Certiorari under Rule 45 against: a) CA; b) Sandiganbayan and c) RTC on pure questions of law; d) in cases involving the constitutionality or validity of a law, treaty, international or executive agreement ,presidential decree, proclamation, order, ordinance, regulation, legality of a tax, impost, assessment, toll or penalty. And over decisions of Court of Tax Appeals rendered en banc .
NOTE: The Supreme Court is not a trier of facts. Which means that passing upon a factual issue is not within the province of the Supreme Court. EXCEPT in some cases governed by special laws such as petitions for Amparo or Habeas Data or Habeas Corpus.
D) SPECIAL LAWS:
1) SUMMARY PROCEDURE: The 1991 Revised Rules on
Summary Procedure as amended by A.M. 02-11-09 effective November 25, 2002.
a) SCOPE: govern procedures in MTC, METC and
MCTC in the following cases:
1) forcible entry and unlawful detainer cases, irrespective of
the amount of damages or unpaid rentals where attorneys fees not exceeding P20,000.00.
2) all other civil cases, except probate proceedings , total
claim does not exceed P100,000.00 outside Metro Manila and P200,000.00 in Metro Manila. NOTE: As of November 25, 2002, the jurisdictional amount subject to summary procedure has been increased from P20,000.00 to P100,000.00 (outside Metro Manila) and P200,000.00 (in Metro Manila), exclusive of interest and costs.
II) RULES OF PROCEDURE FOR SMALL CLAIMS
CASES : ( A.M. 08-8-7-SC) This Rule took effect on October 1, 2008 with its amendments effective November 3,2009.
a) SCOPE: the Rule shall govern the procedure in actions
before the MTC, METC and MCTC for payment of money where the value of the claim does not exceed P100,000.00, exclusive of interest and costs. b) APPLICABILITY: The Rule is applicable in:
1) all actions which are purely civil in nature where the
claim is solely for payment or reimbursement of sum of MONEY;
2) the civil aspect of criminal actions, either filed prior to
the institution of the criminal action, or reserved upon the filing of the criminal action in court.
3) the enforcement of a barangay amicable settlement or an
arbitration award involving a money claim as long as the award is within its jurisdictional limit. c) CLAIMS: the claims or demand referred to maybe for money owed to under any of the following circumstances which may arise from a: 1) Contract of Lease; 2) Contract of Loan; 3) Contract of Services; 4) Contract of Sale; 5) Contract of Mortgage.
d) DAMAGES: if the claim is for damages, said may arise
from: 1) Fault or negligence’; 2) Quasi Contract; 3) Contract. III. KATARUNGANG PAMBARANGAY LAW ( R.A. No. 7160).
a) COVERAGE OF BARANGAY CONCILIATION: All
cases and disputes between residents of the same municipality or city and between those who are residents of adjoining barangays of different municipalities or cities maybe the subject of the barangay proceedings EXCEPT IN THE FOLLOWING CASES: 1) where one party is the government, or any subdivision or instrumentality thereof;
2) where one party is a public officer or employee and the
disputes relates to the performance of his official functions; 3) offenses for which the law prescribes a maximum penalty of imprisonment exceeding one year or a fine exceeding P5,000.00; 4) offenses where there is no offended party;
5) where the disputes involve real properties located in
different cities or municipalities Unless, the parties agree thereto to submit their differences to amicable settlement in an appropriate Lupon;
6) Disputes involving parties who actually reside in
different barangays of different cities and municipalities Except where such barangay units adjoin each other and the parties agree thereto to submit their differences to amicable settlement by the Lupon; 7) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice.
b) In the following cases, the parties may go directly to
the court which is made as procedural exceptions:
1) where the accused is under police custody or detention;
2) where the person has been deprived of personal liberty
calling for habeas corpus;
3) where the actions are coupled with provisional remedies
such as preliminary injunction, attachment, support pendente lite or replevin; 4) where the action maybe barred by Statute of Limitations;