JURISDICTION

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 same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim”

Lack of jurisdiction- Revised Rule on Summary procedure

Bayog V Natino- Trial court cannot ignore the question of jurisdiction over the subject matter just because it was raised in an answer that was filed out of time

Jurisdiction- From the Latin jus dicere or right to speak is the power or authority of the court to hear, try and decide a case. It is the first question that a court must decide

JURISDICTION IS A DUTY

Imposition by the law that cannot be resisted, a command that cannot be ignored, compellable by mandamus. The court may not demur by reason of the silence, obscurity or insufficiency of the laws

Canon 3, Rule 3.01 of the Code of Judicial Conduct- judges must be faithful to law and maintain professional competence

JUDGMENT VOID WHERE COURT HAS NO JURISDICTION

Null

Abbain V Chua- “In varying language, this Court has expressed its reprobation for judgments rendered by a court without jurisdiction…”

JURISDICTION OVER THE SUBJECT MATTER

Conferred by the Constitution or the law

Jurisdiction over the subject matter means jurisdiction over the general class of cases which include the case at hand

Congress is constitutionally empowered to apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction. Jurisdiction is conferred by law

Court of Appeals- Cannot entertain a petition for annulment of the National Labor Relations Commission. Section 9, B.P. 129 only vests in the Court of Appeals exclusive jurisdiction over actions for annulment of judgments of the Regional Trial Court

Regional Trial Courts- Exercise exclusive original jurisdiction over all cases not within the exclusive original jurisdiction over all cases not within the exclusive original jurisdiction of any court , tribunal, person or body exercising judicial or quasi-judicial functions. It has the power of general jurisdiction.

JURISDICTION HAS TO BE INVOKED

By proper party by means of a complaint or petition

POWER OF THE COURT WHERE IT HAS NO JURISDICTION

Power to dismiss the case

The Supreme Court cannot grant jurisdiction and the Rules of Court cannot be cited as legal basis

Constitutional guarantee of access to courts of justice- courts with appropriate jurisdiction

WHAT DETERMINES JURISDICTION OVER THE SUBJECT MATTER

Determined on the basis of the complaint

“It is not enough that a court has power in the abstract to try and decide the class of litigations to which a case belongs; it is necessary that said power be properly invoked, or called into activity, by the filing of a petition, complaint or other appropriate pleading”

Multinational Village Homeowners v. Court of Appeals states that “jurisdiction over the subject matter is determined upon the allegations made in

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the complaint, irrespective of whether the plaintiff is entitled or not to recover upon the claim asserted therein- a matter resolved only after and as a result of the trial…”

WHAT DETERMINES THE NATURE OF THE ACTION

The allegations in the body of the complaint

Prayer- 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

Exception

No need to present any evidence in support of or in opposition to a motion to dismiss but preliminary hearing on the defense raised by the defendant can be done

DARAB- Department of Agrarian Reform Adjudication Board

1997 Rules of Civil Procedure- Cases covered by agricultural tenancy laws are exempted from summary procedure

Effect of Judgment Rendered Without Jurisdiction

Has no legal effect

Caro V. Quicho- “the order of CFI of Sorsogon being void is no order at all…”

Estoesta V. Court of Appeals- “a null and void judgment is susceptible to collateral attack…”

When Jurisdiction Over the Subject Matter May No Longer be Raised

Ground of laches or estoppel

Tijam V. Sibonghanoy- “a party may be estopped from raising the question of lack of jurisdiction over the subject matter”

Different Rule on Lack of Jurisdiction Over Person of Defendant

Lack of jurisdiction over the person of the defendant must be raised at the earliest possible time; otherwise it will be deemed waived

A motion for additional time to answer is a waiver of lack of personal service of summons

By filing a motion for extension of the reglementary period to answer, the defendant invokes the jurisdiction of the court

ACTION TO ANNUL JUDGMENT ON GROUND OF LACK OF JURISDICTION

Barred by laches or estoppel

Jurisdiction Cannot be Waived or Renounced

Competent court cannot decline or refuse

Liability of a Judge Who is Ignorant of His Jurisdiction

Public policy- in the absence of fraud, dishonesty or corruption, the act is not subject to disciplinary action

Disciplinary proceedings against judges do not complement, supplement or substitute judicial remedies, and an inquiry into their administrative liability arising from judicial acts may be made only after other available remedies have been settled

First qualification of a judge- competence

Res ipsa loquitur- "the thing speaks for itself" for judge ignorance of the law

Revised Penal Code- punishes the offense of “usurpation of authority or official functions”

Article 239, 240, 241- punish interference by officers of one of the three departments of government

Article 204- judge who unknowingly renders an unjust judgment

Article 205- punishes a judge who renders an unjust judgment through negligence

Article 206- penalty for suspension

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Jurisdiction Over the Persons of the Parties

Plaintiff- Acquires jurisdiction upon filing of complaint, including a non-resident alienPlaintiff, upon submission is estopped from questioning the court

Defendant- Acquired through coercive process of service summons or through voluntary submission to the court

Under 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”

Effect of Lack of Jurisdiction Over the Person of the Defendant

Protection and enforcement of Constitutional Rights through Procedural Due Process:

- There must be a court or tribunal clothed with judicial power to hear and determine the matter before it;

- Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding

- The defendant must be given an opportunity to be heard

- Judgment must be rendered upon lawful hearing

Jurisdiction Over the Res

Quasi in rem- extraterritorial service (Section 15 of Rule 14, 1997 Rules of Civil Procedure)

Section 15. Extraterritorial service. — When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines 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 the summons 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 may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer.

The Twofold Character of the Summons

Summon’s twofold character:

- By means of its proper service- the court acquires jurisdiction over the person of the defendant

- Serves to inform the defendant of the nature of action against him, to satisfy the requirements of due process. That is why a copy of the complaint is attached to the summons, and the directive in the summons requires the defendant to answer the attached complaint

Service in Person on the Defendant

Section 6. Service in person on defendant. — Whenever practicable, the summons shall be served 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

Personal service- changed to “service in person on defendant”

Section 7. Substituted service. — If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof

Section 8. Substituted service. — If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being unknown, service may be made by delivering the

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copy to the clerk of court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery

Section 11. Priorities in modes of service and filing. — Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the paper as not filed

Section 5. Modes of service. — Service of pleadings motions, notices, orders, judgments and other papers shall be made either personally or by mail

Section 7. Service by mail. — Service 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 with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail

Paluwagan ng Bayan Savings Bank V King- “it is only when the defendant cannot be served personally within a reasonable time that substituted service may be resorted to

Ma. Imelda M. Manotoc V CA- In the case of Venturanza v. Court of Appeals, 41 it was held that "x x x the presumption of regularity in the performance of official functions by the sheriff is not applicable in this case where it is patent that the sheriff’s return is defective (emphasis supplied)." While the Sheriff’s Return in the Venturanza case had no statement on the effort or attempt to personally serve the summons, the Return of Sheriff Cañelas in the case at bar merely described the efforts or attempts in general terms lacking in details as required by the ruling in the case of Domagas v. Jensen and other cases. It is as if Cañelas’ Return did not mention any effort to accomplish personal service. Thus, the substituted service is void. On the issue whether petitioner Manotoc is a resident of Alexandra Homes, Unit E-

2104, at No. 29 Meralco Avenue, Pasig City, our findings that the substituted service is void has rendered the matter moot and academic. Even assuming that Alexandra Homes Room 104 is her actual residence, such fact would not make an irregular and void substituted service valid and effective Thus, one month from the issuance of summons can be considered reasonable time with regard to personal service on the defendant

Several attempts means at least three (e) tries, preferably on at least two different dates. In addition, the sheriff must cite why such efforts were unsuccessful. It is only when that impossibility of service can be confirmed or accepted

The efforts made to find the defendant and the reasons behind the failure must be clearly narrated in detail in the Return

A person of suitable age and discretion- 18 years old and considered to have enough discernment to understand the importance of a summons

Sufficient discretion- know how to read and understand English and realize the need to deliver the summons and complaint to the defendant at the earliest possible time for the person to take appropriate action

Two requirements: (1) recipient must be a person of suitable age and discretion (2) recipient must reside in the house of resident of the defendant

Service Where the Defendant is a Juridical Person

Section 11. Service upon domestic private juridical entity. — When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel

Section 12. Service upon foreign private juridical entities. — When the defendant is a foreign private juridical entity which has transacted business in the Philippines, service may be made on its resident

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agent designated in accordance with law for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines

Isolated Transaction Rule; Applicable Only to Foreign Corporations

Secure license from SEC to sueIsolated Transaction Rule- Foreign corporation does not need license to sue

Substantial Compliance

G & G trading Corporation V. CA- Though summon was not served on person not mentioned in Rule 14, but appeared received, compliance has been attained

Porac Trucking V. CA- Substance complainec include:

1) There was actual receipt of the summons by the person served, meaning the possession of the copy of the summons was transferred from the Sheriff to the person served;

2) There was a signature on the Sheriff's return or receipt by the person served; and

3) There was actual receipt of the summons by then defendant corporation, now petitioner, through the person on whom the legal papers were actually served

Note: The third is most important. It is through receipt that the purpose is attained)

Millennium Industrial Commercial Corporation V Jackson Tan- third requisite is lacking

Section 13. Service upon public corporations. — When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in case of a province, city or municipality, or like public corporations, service may be effected on its executive head, or on such

other officer or officers as the law or the court may direct

Alias Summons When Issued

Only when the original summons are returned without being served on any or all of the defendants or when said original summons has been lost

Section 10. Service upon minors and incompetents. — 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 his guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service may also be made on his father or mother

Services of Summons by Publication

Not recognize but for fair play

Court may decide over the res

Jurisdiction Over the Nature of Action

La Naval Drug V. CA- Jurisdiction over the nature of the action, in concept, differs from jurisdiction over the subject matter. Illustrated, lack of jurisdiction over the nature of the action is the situation that arises when a court, which ordinarily would have the authority and competence to take a case, is rendered without it either because a special law has limited the exercise of its normal jurisdiction on a particular matter or because the type of action has been reposed by law in certain other courts or quasi-judicial agencies for determination. Nevertheless, it can hardly be questioned that the rules relating to the effects of want of jurisdiction over the subject matter should apply with equal vigor to cases where the court is similarly bereft of jurisdiction over the nature of the action

Union Glass V. SEC- [a] between the corporation, partnership or association and the public; [b] between the corporation, partnership or association and its stockholders, partners, members, or officers; [c] between the corporation, partnership or association and the state in so far as its franchise, permit or license to operate is

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concerned; and [d] among the stockholders, partners or associates themselves

Section 1, PD 1344. In the exercise of its functions to regulate the real estate trade and business and in addition to its powers provided for in Presidential Decree No. 957, the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:

(a) Unsound real estate business practices;

(b) Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker or salesman; and

(c) Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman

Jurisdiction Over the nature of the action = Jurisdiction Over the subject matter

Residual Jurisdiction

Extension of the original jurisdiction of the trial court for certain specific purposes after the perfection of the appeal but before transmittal of the original record or record on appeal to the appellate court. Also called retained jurisdiction

1997 Rules of Civil Procedure- “ a person’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time”

Appeals by record- perfected as to the party appealing upon arrival of the record of appeal

As to him/as to the party appealing- party appealing cannot deprive the other party of his right to file a motion for reconsideration or notice of appeal or approval on record of appeal

Section 9. Perfection of appeal; effect thereof. — A party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.

A party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time

In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties

In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the appeal of the other parties

In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with 2 of Rule 39, and allow withdrawal of the appeal

Jurisdiction Over Compulsory Counterclaims

Any claim for money or other relief which a defending party may have against an opposing party ruled by:

Section 7. Compulsory counterclaim. — A compulsory counterclaim is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counter-claim may be considered compulsory regardless of the amount

Counterclaim must pass the compelling test of compulsoriness. Test of compulsoriness requires a logical relationship between claim and the counterclaim, that is, where conducting separate trials of the respective claims of the parties would entail a substantial duplication of effort and time by the parties and the court

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Permissive counterclaims comprise "any claim that is not compulsory. A claim is a compulsory counterclaim if, at the time of serving the pleading,- the counterclaim "arises out of the

transaction or occurrence that is the subject matter of the opposing party's claim,"

- the counterclaim "does not require adding another party over whom the court cannot acquire jurisdiction,"

- "when the action was commenced, the [otherwise mandatory counterclaim] was [not] the subject of another pending action,"

- EITHER the opposing party sued on its claim by a process that established personal jurisdiction over the pleader on that claim

- OR (if personal jurisdiction was not established over the pleader), the pleader asserts some other mandatory counterclaim

The dismissal of a complaint shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer

The complaint may be dismissed upon motion of the defendant or upon the court’s own motion, without prejudice to the right of the defendant to prosecute his counterclaim in the same or in separate action

Non-joinder of Indispensable Parties; Effect of

Indispensable parties- parties in interest without whom no final determination can be had of an action. The presence of indispensable parties is a condition sine qua non for the exercise of judicial power and vest the court with jurisdiction

Doctrine of Primary Jurisdiction

Courts cannot and will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion

Priority-in-Time Rule

Filing of one or a judgment upon the merits in any one is ground for dismissal of othersSecond case files under the maxim- qui prior est tempore, potior est jure

Criterion used- “interest of justice rule”

Office of the Government Corporate Counsel (OGCC)

OGCC- principal law office of all GOCCs

Section 10. Office of the Government Corporate Counsel. - The Office of the Government Corporate Counsel (OGCC) shall act as the principal law office of all government-owned or controlled corporations, their subsidiaries, other corporate off-springs and government acquired asset corporations and shall exercise control and supervision over all legal departments or divisions maintained separately and such powers and functions as are now or may hereafter be provided by law. In the exercise of such control and supervision, the Government Corporate Counsel shall promulgate rules and regulations to effectively implement the objectives of the Office.

The OGCC is authorized to receive the attorney's fees adjudged in favor of their client government-owned or controlled corporations, their subsidiaries/other corporate offsprings and government acquired asset corporations. These attorney's fees shall accrue to a special fund of the OGCC, and shall be deposited in an authorized government depository as a trust liability and shall be made available for expenditure without the need for a Cash Disbursement Ceiling, for purposes of upgrading facilities and equipment, granting of employees' incentive pay and other benefits, and defraying such other incentive expenses not provided for in the General Appropriations Act as may be determined by the Government Corporate Counsel

Uniform Procedure in trial Courts

Section 1. Uniform procedureThe procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure

Sec. 2. Meaning of termsThe term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts

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Jurisdiction to Execute V. Jurisdiction to Amend Decision

Execute- continuous even after judgment while Amend- terminates when judgment is final

The Supreme Court

Composed of a Chief Justice and 14 Associate JusticesEn banc or by division of 3, 5, and 7 Cannot increase the number of justices and cannot be reduced by Congress. Section 30, Article VI of the Phil. Constitution states that Congress may increase the appellate jurisdiction of the Supreme Court but with the advice and concurrence of the Supreme CourtUS has 9 since 1869Admin Code of 1917- 9 CJ1935 Constitution- 11 CJ1973- 15 CJ

The Supreme Court is the Only Constitutional Court

The only Court created by Constitution, its jurisdiction is defined by Constitution

The Powers of the Supreme Court

Section 5. The Supreme Court shall have the following powers:

1) Exercise original 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 lower courts in:

(a) 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.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) 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 assignment 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.

(5) 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 under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of 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. (6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

Section 7.

(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

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(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officioMembers, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts, shall be fixed by law.

During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Members who took no part, or dissented, or abstained from a decision or resolution, must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

Section 15.

(1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

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(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

The Court en banc is not an appellate tribunal vis-à-vis the divisions and exercises no appellate or supervisory jurisdiction over the latter.

Decisions or resolutions of a division without concurrence of at least three of its members are a decision of the Supreme Court. No doctrine laid down may be modified except Court sitting en banc.

Sec. 19, B.P. 129- the special civil action of declaratory relief falls under the exclusive original jurisdiction of the Regional Trial Court and is not within the original jurisdiction of the Supreme Court.

The Office of the Court Administrator

Administrative supervision- Supreme Court over 720 Regional Trial Court Judges, 180 Metropolitan Trial Court Judges, more than 1,500 municipal Trial Court Judges and 12 Sharia’a Courts in the ARMM.

Section 21, RA 6770 or the Ombudsman Act of 1989- Ombudsman disciplinary authority over all elective and appointive government officials except officials who may be removed only through impeachment or over Congress and judiciary.

Right to appeal- statutory right. Appeal may be filed through petition for certiorari under Rule 65 of ROC.

Office of the Court Administrator- created by PD No. 828 as amended by PD 842 to assist the SC in its function of administrative supervision.

Court Administrator- the same rank, priviledge and compensation as Presiding Justice of the Court of Appeals. He shall assisted by 3 Deputy Court Administrators who shall have the same RPC as Associate Justices of CA.

Exercises admin supervision over Judicial and Bar Council, created through the Constitution with the primary duty of recommending appointees to the Judiciary

Philippine Judicial Academy- tasked with the implementation of a continuing program of judicial education for justices, judges, court personnel and lawyers.

The Sandiganbayan, Not a Constitutional Court

Creation is mandated by Constitution to have jurisdiction over corrupt practices of government employees and public officers.

Composed of Presiding Justice and 14 Associate Justices appointed by the President

RA 7975- Expanded the jurisdiction of Sandiganbayan to include petitions for the issuance of writs of mandamus, prohibition, certiorari, habeas corpus, injunction and other auxiliary writs and processes

It is a trial court limited to 90 days to decide cases both on original and appellate court. Only questions of law may be raised to Supreme Court in appeal to Sandiganbayan decisions.

Salary grade 27 or higher- Sandiganbayan jurisdiction over public officials. Plunder excluded.

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May the Supreme Court Amend a Rule in the Rules of Court That Has Already Been Amended by the Legislature?

Yes, the rule as amended not the law passed by Congress.

May the Congress Amend the Rule Further?

No, when decided by Supreme Court.

RA 8493- Speedy Trial Act of 1998P.D. 1818- Prohibits courts from issuing injunction writs in cases involving infrastructure, natural resource development and utility projects.

Summary Judicial Proceedings in the Family Code- Governed by Articles 238 to 253 subject to the rule making of SC.

Extraordinary Jurisdiction

The courts justices are recognized not only to settle actual controversies but to determine WON there has been grave abuse of discretion amounting to lack or excess of jurisdiction.

Judicial power- the right to determine actual controversies. According to Conception, it is the product of experience during Martial Law.

1987 Constitution- reactionary charter.

Is the Political Question Doctrine Already Obsolete?

By no means. However in proper case, the Supreme Court is not hindered by the doctrine where abuse of discretion is grave.

Is this “extraordinary jurisdiction” vested in the Supreme Court alone or in other courts as well?

Yes, in other courts also in a proper case.

Lis mota- the cause of the suit or action.

What is a “proper case”?

There must be an actual case or controversy.

The question of constitutionality must be raised by the proper party.

The constitutional question must be raised at the earliest possible time.

The determination of the constitutional question must be necessary to the determination of the case itself.

Who is the Proper Party?

The person directly affected.

The Power to Declare Unconstitutional

Involving rights that are legally demandable and enforceable referred to as judicial supremacy.

Equity Jurisdiction

Equity- Justice according to natural law and right or justice outside law being ethical rather than jural and belonging more to the sphere of morals than of law. It signifies to the power of the high court to waive technical rules in order to be able to rule on important substantive issues.

SC has the power to suspend its own rules when the ends of justice would be served thereby.

Supreme Court Circular No. 2-89

Court en banc is not an appellate court. It is enumerated in the SC Circular No 2-89 dated Feb. 7, 1989 as amended by SC Resolution dated November 18, 1993.

The High Court is Not a Trier of Facts

Only questions of law for certiorari in the SC.

The following are the cases:

(1) when the conclusion is a finding grounded entirely on speculation, surmises or conjectures [Joaquin v. Navarro, 93 Phil. 257 (1953)];

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(2) . when the inference made is manifestly absurd, mistaken or impossible (Luna v. Linatoc, 74 Phil. 15 (1942)];

(3) when there is grave abuse of discretion in the appreciation of facts (Buyco v. People, 95 Phil. 253 (1954)];

(4) when the judgment is premised on a misapprehension of facts [De la Cruz v. Sosing, 94 Phil. 26 (1953); Castillo v. Court of Appeals. G.R. No. L-48290, September 29,1983,124 SCRA 808];

(5) when the findings of fact are conflicting [Casica v. Villaseca, 101 Phil. 1205 (1957)];

(6) when the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee [Evangelista v. Alto Surety & Ins. Co., Inc., 103 Phil. 401 (1958)];

(7) when the findings of the Court of Appeals are contrary to those of the trial court;(8) when such findings of fact are conclusions without citation of specific evidence on which they are based;

(9) when the facts set forth in the petition as well as in the petitioners’ main and reply briefs are not disputed by the respondents ; and

(10) when the findings of fact of the Court of Appeals is premised on the supposed absence of evidence and is contradicted by the evidence on record.

Congress Has No Power Over the Jurisdiction of the Supreme Court

May not deprive the SC of its jurisdiction over cases enumerated in Section 5.

RA 6770- Orders etc of the Ombudsman in administrative cases are appealable to SC via Rule 45 ROC.

Judicial Courtesy

When a party is aggrieved by an interlocutory order, can elevate it through certiorari under Rule 65. But, the filing of certiorari will not stop the trial court from proceeding in the main case in the

absence of a TRO or writ of preliminary injunction from the higher court.

Judicial courtesy- requires the lower court to refrain from acting notwithstanding the absence of TRO and WPI

TRO- is an order issued by a judge in an attempt to keep one person from harassing another person or group of people.

Interlocutory order- Temporary order issued during the course of litigation. Typically cannot be appealed because it is not final. Exceptions include injunctions issued and denial of arbitration demands.

WPI- a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dissolution of the plaintiff's rights. The main reason for use of a preliminary injunction is the need for immediate relief.

Automatic review by the Supreme Court

Review on reclusion perpetua should be brought to Court of Appeals for intermediate review before final review of SC.

Writ of Amparo

From the Spanish word “amparar” meaning to protectIt is a special constitutional writ to protect or enforce a constitutional right other than physical liberty which is already covered by the writ of habeas corpus. It is used to protect constitutional rights.

Two Standards of Judicial Review

Panganiban- Strict scrutiny and deferential interpretation are standards of judicial review

Grave abuse of discretion:

(1) Those that clearly violate the Constitution, the laws or settled jurisprudence

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(2) Those that have been issued with patent arbitrariness, whim, bias or personal hostility.

The Court of Appeals

Prescribed and apportioned in the Judiciary Reorganization Act of 1981 or Batas Pambansa Blg. 129. It was created through Commonwealth Act No. 3 enacted in December 31, 1935 pursuant to Section 1, Article VIII of the 1935 Constitution.

The Court is composed of one Presiding Justice and sixty eight (68) Associate Justices.  They are all appointed by the President. The Court sits by divisions, each division being composed of three members. The Court may sit en banc for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions.  It was organized in February 1, 1936 starting with 11 Justices headed by Presiding Justice.

In 1936- membership was increased to 15, then 18 by RA 1605, then 24 by RA 5204.

In 1983- renamed Intermediate Appellate Court (IAC) and its composition was increased to 50 Associate Justices and a Presiding Justice.EO No. 33 on July 28, 1986, IAC was reverted to CA with 17 divisions and 3 Justices in each div.

December 30, 1996- RA 8246 increased the membership to present of 69 constituted with 23 divisions. 3 new divisions stationed in Cebu City in cases coming from 6th, 7th and 8th judicial regions. 3 new divisions stationed CDO for cases coming from 9th, 10th, 11th and 12th judicial regions.

The Law Expanding the Jurisdiction of the Court of Appeals

RA 7902 expands the jurisdiction of the CA. Signed into law on February 23, 1995. It took effect on March 18, 1995. The legislature authorized CA to formulate internal rules and procedure contained in Section12 of BP 129.

The Rule-Making Power of the Court of Appeals

CA is empowered to promulgate its own internal rules same with SC.

SC is constitutional, CA is legislative.

SC power extends to all courts, while CA is confined in its internal procedure.

December 12, 1986- CA formulated internal rules.

Concurrent Jurisdiction Over Habeas Corpus

CA and SC have concurrent jurisdiction with Family Courts over petition of habeas corpus where custody of minors is at issue.

Aside from the CA, the following may issue writs of certiorari:

1. Supreme Court2. Regional Trial Court3. Shari’ah Appellate Court4. Shari’ah District Court5. COMELEC6. Sandiganbayan

Perfection of Appeal

Shall be reckoned not from the filing of the notice of appeal but from the payment of the docket fees.

The right to appeal is a statutory privilege and maybe exercised only in the manner provided by law.

The Fresh Period Rule

15 days to file Notice of Appeal in RTC.

The right to appeal is a statutory privilege and maybe exercised only in the manner provided by law.

Appeal from the Court of Tax Appeals

Collegiate Court level- RA 9282

The decisions of CTA are appealable to the CA under Rule 45 of the 1997 RCP and certiorari to SC.

The Trial Court

BP 129

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BATAS PAMBANSA BILANG 129   

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR

OTHER PURPOSES.

PRELIMINARY CHAPTER

Section 1. Title. — This Act shall be known as "The Judiciary Reorganization Act of 1980."

Sec. 2. Scope. — The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts.

CHAPTER I COURT OF APPEALS

Sec. 3. Organization. — There is hereby created a Court of Appeals which consists of a Presiding Justice and fifty Associate Justice who shall be appointed by the President of the Philippines. The Presiding Justice shall be so designated in his appointment, and the Associate Justice shall have precedence according to the dates of their respective appointments, 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 President. Any member who is reappointed to the Court after rendering service in any other position in the government shall retain the precedence to which he was entitled under his original appointment, and his service in the Court shall, for all intents and purposes, be considered as continuous and uninterrupted. (As amended by Exec. Order No. 33, July 28, 1986)

Sec. 4. Exercise of powers and functions. — The Court Appeals shall exercise its powers, functions, and duties, through seventeen (17) divisions, each composed of three (3) members. The Court may sit en banconly for the purpose of exercising administrative, ceremonial, or other non-adjudicatory functions. (as amended by Exec. Order No. 33, July 26, 1986)

Sec. 5. Succession to Office of Presiding Justice. – In case of a vacancy in the absence of inability to perform the powers, functions, and duties of his office, the associate Justice who is first in precedence shall

perform his powers, functions, and duties until such disability is removed, or another Presiding Justice is appointed and has qualified.

Sec. 6. Who presides over session of a division. – If the Presiding Justice is present in any session of a division of the Court, he shall preside. In his absence, the Associate Justice attending such session who has precedence shall preside.

Sec. 7. Qualifications. – The Presiding Justice and the Associate Justice shall have the same qualifications as those provided in Constitution for Justice of the Supreme Court.

Sec. 8. Grouping of Divisions. – (Expressly repealed by Section 4, Exec. Order No. 33, July 28, 1986)

Sec. 9. Jurisdiction. – The Court of Appeals shall Exercise:

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 judgments of Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgments, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph od Section 17 of the Judiciary Act of 1948.

The court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform

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any and all 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 Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice. (as amended by R. A. No. 7902)

Sec. 10. Place of holding sessions. – The Court of Appeals shall have its permanent station in the City of Manila. Whenever demanded by public interest, the Supreme Court, upon its own initiative or upon recommendation of the Presiding Justice, may authorize a division of the Court to hold sessions outside Manila, periodically, or for such periods and at such places as the Supreme Court may determine, for the purpose of hearing and deciding cases.

Sec. 11. Quorum – A majority of the actual members of the Court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for the session of a division. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision of final resolution, which shall be reached in consultation before the writing of the opinion by any members of the division. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justice to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. The designation of such additional Justice shall be made strictly by raffle.

A month for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution, and no second motion for reconsideration from the same party shall be entertainment. (As amended by Exec. Order No. 33, July 28, 1986)

Sec. 12. Internal Rules. – The court en banc is authorized to promulgate rules or orders governing the constitution of the divisions and the assignment of Appellate Justices thereto, the distribution of cases, and other matters pertaining to the operations of the Court of its divisions. Copies of such rules and orders shall be furnished by the Supreme Court, which rules and orders shall be effective fifteen (15) days after receipt

thereof, unless directed otherwise by the Supreme Court.

CHAPTER II REGIONAL TRIAL COURTS

Sec. 13. Creation of Regional Trial Courts. – There are hereby created thirteen (13) Regional Trial Courts, one for each of the following judicial regions:

The First Judicial Region, consisting of the provinces of Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and cities of Baguio, Dagupan, Laoag and San Carlos;

The Second Judicial Region, consisting of the provinces of Batanes, Cagayan, Ifugao, Kalinga-Apayao, Nueva Viscaya, and Quirino;

The Third Judicial Region, consisting of the provinces of Bataan, Bulacan (except the municipality of Valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the cities of Angeles, Cabanatuan, Olongapo, Palayan and San Jose;

The National Capital Judicial Region, consisting of the cities of Manila, Quezon, Pasay, Caloocan and Mandaluyong, and the municipalities of Navotas, Malabon, San Juan, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, Muntinlupa, and Valenzuela;

The Fourth Judicial Region, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except the cities and municipalities embraced within the National Capital Judicial Region, Romblon, and Aurora, and the cities of Batangas, Cavite, Lipa, Lucena, Puerto Princesa, San Pablo, Tagaytay, and Trece Martirez;

The Fifth Judicial Region, consisting of the provinces of Albay, Camarines Sur, Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi, Naga and Iriga;

The Sixth Judicial Region, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, La Carlota, Roxas, San Carlos, and Silay, and the subprovince of Guimaras;

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The Seventh Judicial Region, consisting of the provinces of Bohol, Cebu, Negros Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-lapu, Mandaue, Tagbilaran, and Toledo,

The Eighth Judicial Region, consisting of the provinces or Eastern Samar, Leyte, Northern, Samar, Southern Leyte, Ormoc, and Tacloban:

The Ninth Judicial Region, consisting of the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian, and Zamboanga;

The Tenth Judicial Region, consisting of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao del Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamis, Oroquieta, Surigao, and Tangub;

The Eleventh Judicial Region, consisting of the provinces of Davao del Norte, Davao Oriental, Davao del Sur, South Cotabato, and Surigao del Sur, and the cities of Davao, and General Santos; and

The Twelfth Judicial Region, consisting of the provinces of Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the cities of Cotabato, Iligan, and Marawi.

In case of transfer or redistribution of the provinces, subprovinces, cities or municipalities comprising the regions established by law of purposes of the administrative field organization of the various departments and agencies of the government, the composition of the judicial regions herein constituted shall be deemed modified accordingly.

Sec. 14. Regional Trial Courts.

(a) Fifty-seven Regional Trial Judges shall be commissioned for the First Judicial Region. There shall be:  

Two branches (Branches III and II) for the province of Abra, with seats at Bangued;

Eight branches (Branches III to X) for the province of Benguet and the city of Baguio,

Branches III to VII with seats at Baguio City, and Branches VIII to X at La Trinidad;

Nine branches (Branches XI to XIX) for the province of Ilocos Norte and the city of Laoag, Branches XI to XVI with seats at Laoag City, Branches XVII and XVIII at Batac, and Branch XIX at Bangui;

Six branches (Branches XX to XXV) for the province of Ilocos Sur, Branches XX and XXI with seats at Vigan, Branch XXII at Narvacan, Branch XXIII at Candon, Branch XXIV at Cabugao, and Branch XXV at Tagudin;

Nine branches (Branches XXVI to XXXIV) for the province of La Union, Branches XXVI to XXX with seats at San Fernando, Branches XXXI and XXXII at Agoo, Branch XXXIII at Bauang, and Branch XXXIV at Balaoan;

Two branches (Branches XXXV and XXXVI) for the province of Mountain province, with seats at Bontoc; and

Twenty-one branches (Branches XXXVII to LVII) for the province of Pangasinan and the cities of Dagupan and San Carlos, Branches XXXVII to XXXIX with seats at Lingayen, Branches XL to XLIV at Dagupan, Branches XLV to XLIX at Urdaneta, Branch L at Villasis, Branches LI and LII at Tayug, Branch LIII at Rosales, Branches LIV and LV at Alaminos, and Branch LVI and LVII at San Carlos. 

(b) Thirty-two Regional Trial Judges shall be commissioned for the Second Judicial region. There shall be: 

Twelve branches (Branches I to XII) for the province of Cagayan, Branches I to V with seats at Tuguegarao, Branches VI to X at Aparri, Branch XI at Tuao, and Branch XII at Sanchez Mira;

One branch (Branch XIII) for the province of Batanes, with seat at Basco;

Two branches (Branches XIV and XV) for the province of Ifugao, Branch XIV with seat at Lagawe, and Branch XV at Potia;

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Nine branches (Branches XVI to XXIV) for the province of Isabela, Branches XVI to XVIII with seats at Ilagan, Branches XIX and XX at Cauayan, Branch XXI at Santiago, Branch XXII at Cabagan, Branch XXIII at Roxas, and Branch XXIV at Echague;

Two branches (Branches XXV and XXVI) for the province of Kalinga-Apayao, Branch XXV with seat at Tabuk, and Branch XXVI at Luna;

Four branches (Branches XXVII to XXX) for the province of Nueva Vizcaya, Branches XXVII to XXIX with seats at Bayombong, and Branch XXX at Bambang;

Two branches (Branches XXXI and XXXII) for the province of Quirino, with seats at Cabarroguis. 

(c) Seventy-five Regional Trial judges shall be commissioned for the Third Judicial Region. There shall be: 

  Five branches (Branches I to V) for the

province of Bataan, Branches I to III with seats at Balanga, Branch IV at Mariveles, and Branch V at Dinalupihan;

Seventeen branches (Branches VI to XXII) for the province of Bulacan (except the municipality of Valenzuela), with seats at Malolos;

Eighteen branches (Branches XXIII to XL) for the province of Nueva Ecija and the cities of Cabanatuan, San Jose and Palayan, Branches XXIII to XXX with seats at Cabanatuan City, Branches XXXI to XXXIII at Guimba, Branches XXXIV to XXXVI at Gapan, Branch XXXVII at Sto. Domingo, Branches XXXVIII and XXXIX at San Jose, and Branch XL at Palayan.

Twenty-two branches (Branches XLI to LXII) for the province of Pampanga and the city of Angeles, Branches XLI to XLVIII with seats

at San Fernando, Branches XLIX to LIII at Guagua, Branches LIV and LV at Macabebe, and Branches LVI to LXII at Angeles City;

Six branches (Branches LXIII to LXVIII) for the province of Tarlac, Branches LXVI at Capas, Branch LXVII at Paniqui, and Branch LXVIII at Camiling; and

Seven branches (Branches LXIX to LXXV) for the province of Zambales and the city of Olongapo, Branches LXIX to LXXI with seats at Iba and Branches LXXII to LXXV at Olongapo City 

(d) One hundred seventy-two (172) Regional Trial Judges shall be commissioned for the National Capital Judicial Region. There shall be:

Fifty-five branches (Branches 1 to 55) for the City of Manila, wit seats thereat;

Thirty-two branches (Branches 76 to 107) for Quezon City, with seats thereat;

Twelve branches (Branches 108 to 119) for Pasay City, with seats thereat;

Twelve branches (Branches 120 to 131) for Caloocan City, with seats thereat;

Fifty-eight branches (Branches 56 to 74 and 132 to 170) for the Municipalities of Navotas, Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, and Muntinlupa; Branches 67 to 71 and 151 to 168 at Pasig; and Branches 72 to 74, 169 and 170 at Malabon; and

Three branches (Branches 75, 171 and 172) for the municipality of Valenzuela, with seats thereat.(As amended by Executive Order No. 33, July 30, 1986) 

(e) Eighty-two Regional Trial Judges shall be commissioned for the Fourth Judicial Region. There shall be:  

Fourteen branches (Branches I to XIV) for the province of Batangas and the cities of Lipa and Batangas, Branches I to VI with seats at Batangas City, Branch V at Lemery, Branches VI to VIII at Tanauan, Branches IX to XI at Balayan, Branches XII and XIII at Lipa, and Branch XIV at Nasugbu;

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Nine branches (Branches XV to XXIII) for the province of Cavite and the cities of Cavite, Tagaytay and Trece Martirez, Branch XV with seat at Naic, Branches XVII at Cavite City, Branch XVIII at Tagaytay City, Branch XIX at Bacoor, Branches XX to XXII at Imus, and Branch XXIII at Trece Martirez;

Fourteen branches (Branches XXIV to XXXVII) for the province of Laguna and the city of San Pablo, Branches XXVIII at Sta. Cruz, Branches XXIX to XXXII at San Pablo City, Branch XXXIII at Siniloan, and Branches XXXIV to XXXVI at Calamba;

One branch (Branch XXXVIII) for the province of Marinduque, with seat at Boac;

Five branches (Branches XXXIX to XLIII) for the province of Mindoro Oriental, Branches XXXIX to XL with seats at Calapan, Branches XLI and XLII at Pinamalayan, and Branch XLII at Roxas;

Three branches (Branches XLVII to XLVI) for the province of Mindoro Occidental, Branch XLIV with seat at Mamburao, and Branches XLV and XLVI at San Jose;

Six branches (Branches XLVII to LII) for the province of Palawan and the city of Puerto Princesa, with seats at Puerto Princesa City;

Thirteen branches (Branches LIII to LXV) for the province of Quezon and the city of Lucena, Branches LIII to LX with seats at Lucena City, Branches LXI and LXII at Gumaca, Branch LXIII at Calauag, Branch LXIV at Mauban, and Branch LXV at Infanta;

One branch (Branch LXVI) for the province of Aurora, with seat at Baler;

Fourteen branches (Branches LXVII to LXXX) for the province of Rizal except the cities and municipalities embraced within the National Capital Judicial Region, Branches LXVII to LXX with seats at Binangonan, Branches LXXI to LXXIV at Antipolo, Branches LXXV to LXXVII at San Mateo, and Branches LXXVIII to LXXX at Morong; and

Two branches (Branches LXXXI and LXXXII) for the province of Romblon, Branch LXXXI with seat at Romblon, and Branch LXXXII at Odiongan. 

(f) Fifty-five Regional Trial Judges shall be commissioned for the Fifth Judicial Region. There shall be: 

 Eighteen branches (Branches I to XVIII) for the province of Albay and the City of Legaspi, Branches I to X with seats at Legaspi City, Branches XI to XIV at Ligao, and Branches XV to XVIII at Tabaco;

Nineteen branches (Branches XIX to XXXVII) for the province of Camarines Sur and the cities of Naga and Iriga, Branches XIX to XXVIII with seats at Naga City, Branch XXIX at Libmanan, Branch XXX at Tigaoan, Branches XXXI to XXXIII at Pili, and Branches XXXIV to XXXVII at Iriga City;

Four branches (Branches XXXVIII to XLII) for the province of Camarines Norte, with seat at Daet;

Two branches (Branches XLII and XLII) for the province of Catanduanes, with seats at Virac;

Seven branches (Branches XLIV to L) for the province of Masbate, Branches XLIV to XLVIII with seats at Masbate, Branch XLIX at Cataingan, and Branch L at San Jacinto; and

Five branches (Branches LI to LV) for the province of Sorsogon, Branches LI to LIII with seats at Sorsogon, Branch LVI at Gubat, and Branch LV at Irosin.

(g) Sixty-three Regional Trial Judges shall be commissioned for the Sixth Judicial Region. There shall be:  

Nine branches (Branches I to IX) for the province of Aklan, with seats at Kalibo;

Four branches (Branches X to XIII) for the province of Antique, Branches X to XII with seats at San Jose, and Branch XIII and Culasi;

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Eight branches (Branches XIV to XXI) for the province of Capiz and the city of Roxas, Branches XIV to XIX with seats at Roxas City and Branches XX and XXI at Mambusao;

Eighteen branches (Branches XXII to XXXIX) for the province of Iloilo, the subprovince of Guimaras, and the city of Iloilo, with seats at Iloilo City; and

Twenty-four branches (Branches XL to LXIII) for the province of Negros Occidental, and the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, Branch XL with seat at Silay City, Branches XLI to LIV at Bacolod City, Branches LV and LVI at Himamaylan, Branches LVII to LIX at Kabankalan, Branch LXII at Bago City, and Branch LXII at La Carlota City. 

(h) Forty-six Regional Trial Judges shall be commissioned for the Seventh Judicial Region. There shall be: 

Four branches (Branches I to IV) for the province of Bohol and the city of Tagbilaran, with seats at Tagbilaran City;

Twenty-five branches (Branches V to XXIX) for the province of Cebu and the cities of Cebu, Danao, Lapu-Lapu, Mandaue and Toledo, Branches V to XXIV with seats at Cebu City, Branch XXV at Danao City, Branch XXVI at Argao, Branch XXVII at Lapu-Lapu City, Branch XXVIII at Mandaue City, and Branch XXIX at Toledo City;

Sixteen branches (Branches XXX to XLV) for the province of Negros Oriental and the cities of Dumaguete, Bais and Canlaon, Branches XXX to XLIV with seats at Dumaguete City, and Branch XLV at Bais City; and

One branch (Branch XLVI) for the province of Siquijor, with seat at Larena. 

(i) Thirty-three Regional Trial Judges shall be commissioned for the Eighth Judicial Region. There shall be:  

Five branches (Branches I to V) for the province of Eastern Samar, Branches I and II with seats at Borongan, Branch III at Guiuan, Branch IV at Dolores, and Branch V at Oras;

Thirteen branches (Branches VI to XVIII) for the province of Leyte, the sub-province of Biliran, and the cities of Ormoc and Tacloban, Branches VI and IX with seats at Tacloban City, Branch X at Abuyog, Branch XI at Calubian, Branch XII at Ormoc City, Branch XIII at Carigara, Branch XIV at Baybay, Branch XV at Burauen, Branch XVI at Naval, Branch XVII at Palompon, and Branch XVIII at Hilongos;

Five branches (Branches XIX to XXIII) for the province of Northern Samar, Branches XIX and XX with seats at Catarman, Branches XXI and XXII at Laoang, and Branch XXIII at Allen;

Three branches (Branches XXIV to XXVI) for the province of Southern Leyte, Branches XXIV and XXV with seats at Maasin, and Branch XXVI at San Juan; and

Seven branches (Branches XXVII to XXXIII) for the province of Samar and the city of Calbayog, Branches XXVII to XXIX with seats at Catbalogan, Branch XXX at Basey, Branches XXXI and XXXII at Calbayog City, and Branch XXXIII at Calbiga.  

(j) Twenty-four Regional Trial Judges shall be commissioned for the Ninth Judicial Region. There shall be: 

 Two branches (Branches I and II) for the province of Basilan, with seats at Isabela;

Two branches (Branches III and IV) for the province of Sulu, Branch III with seat at Jolo, and Branch IV at Parang;

One branch (Branch V) for the province of Tawi-Tawi, with seat at Bongao;

Six branches (Branches VI to XI) for the province of Zamboanga del Norte, and the

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cities of Dipolog and Dapitan, Branches VI to X seats at Dipolog City, and Branch XI at Sindangan; and

Thirteen branches (Branches XII to XXIV) for the province of Zamboanga del Sur and the cities of Pagadian and Zamboanga Branches XII to XVII with seats at Zamboanga City, Branches, XVIII to XXII at Pagadian City, Branch XXIII at Molave, and Branch XXIV at Ipil.  

(k) Thirty-two Regional Trial Judges shall be commissioned for the Tenth Judicial Region. There shall be: 

Five branches (Branches I to V) for the province of Agusan del Norte and the city of Butuan, with seats at Butuan City;

Two branches (Branches VI and VII) for the province of Agusan del Sur, Branches VI with seat at Prosperidad and Branch VII with seat at Bayugan;

Four branches (Branches VIII to XI) for the province of Bukidnon, Branches VIII to X with seats at Malaybalay and Branch XI at Manalo Fortich;

Five branches (Branches XII to XI) for the province of Misamis Occidental and the cities of Oroquieta, Ozamis, and Tangub, Branches XII to XIV with seats at Oroquieta City, Branch XV at Ozamis City, and Branch XVI at Tangub City;

Eleven branches (Branches XVII to XXVII) for the province of Misamis Oriental and the cities of Cagayan de Oro and Gingoog, Branches XVII to XXV with seats at Cagayan de Oro City, Branch XXVI at Medina, and Branch XXVII at Gingoog City;

One branch (Branch XXVIII) for the province of Camiguin, with seat at Mambajao; and

Four branches (Branches XXIX to XXXII) for the province of Surigao del Norte and the City of Surigao, Branches XXIX and XXX with

seats at Surigao City, Branch XXXI at Dapa, and Branch XXXII at Dinagat, Dinagat Island.  

(l) Twenty-nine Regional Trial Judges shall be commissioned for the Eleventh Judicial Region. There shall be:  

Four branches (Branches I to IV) for the province of Davao del Norte, Branches I and II with seats at Tagum, Branch III at Nabunturan, and Branch IV at Panabo;

Three branches (Branches V to VII) for the province of Davao Oriental, Branches V and VI with seats at Mati and Branch VII at Banganga;

Fourteen branches (Branches VIII to XXI) for the province of Davao del Sur and the city of Davao, Branches VIII to XVII with seats at Davao City, Branches XVIII and XIX at Digos, Branch XX at Malinta, and Branch XXI a Bansalan;

Five Branches (Branches XXII to XXVI) for the province of South Cotabato and the city of General Santos, Branches XXII and XXIII with seats at General Santos City, Branches XXIV and XXV at Koronadal, and Branch XXVI at Surallah; and

Three branches (Branches XXVII to XXIX) for the province of Surigao del Sur, Branch XXVII with seat at Tandag, Branch XXVIII at Lianga, and Branch XXIX at Bislig.  

(m) Twenty Regional Trial Judges shall be commissioned for the Twelfth Judicial Region. There shall be:  

Seven branches (Branches I to VII) for the province of Lanao del Norte and the city of Iligan, Branches I to VI with seats at Iligan City, and Branch VII at Tubod;

Five branches (Branches VIII to XII) for the province of Lanao del Sur and the city of Marawi, Branches VIII to X with seats at

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Marawi City, and Branches XI and XII at Malabang;

Three branches (Branches XIII to XV) for the province of Maguindanao and the city of Cotabato, Branches XIII and XIV with seats at Cotabato City, and Branch XV at Maganoy;

Three branches (Branches XVI to XVIII) for the province of North Cotabato, Branch XVI with seat at Kabacan, Branch XVII at Kidapawan, and Branch XVIII at Midsayap; and

Two branches (Branches XIX and XX) for the province of Sultan Kudarat, Branch XIX, with seat at Isulan, and Branch XX at Tacurong.

Sec. 15. Qualifications. — No persons shall be appointed Regional Trial Judge unless he is a natural-born citizen of the Philippines, at least thirty-five years of age, and for at least ten years, has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Sec. 16. Time and duration of sessions. — The time and duration of daily sessions of the Regional Trial Courts shall be determined by the Supreme Court: Provided, however, That all motions, except those requiring immediate action, shall be heard in the afternoon of every Friday, unless it falls on a holiday, in which case, the hearing shall be held on the afternoon of the next succeeding business day: Provided, further, That the Supreme Court may, for good reasons, fix a different motion day in specified areas

Sec. 17. Appointment and assignment of Regional Trial Judges. — Every Regional Trial Judge shall be 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 which he shall be originally assigned. However, the Supreme Court may assign temporarily a Regional Trial Judge to another region as public interest may require, provided that such temporary assignment shall not last longer than six (6) months without the consent of the Regional Trial Judge concerned.

A Regional Trial Judge may be assigned by the Supreme Court to any branch or city or municipality within the same region as public interest may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

Sec. 18. Authority to define territory appurtenant to each branch. — The Supreme Court shall define the territory over which a branch of the Regional Trial Court shall exercise its authority. The territory thus defined shall be deemed to be the territorial area of the branch concerned for purposes of determining the venue of all suits, proceedings or actions, whether civil or criminal, as well as determining the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over the said branch may exercise appellate jurisdiction. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the region and making the attendance of litigants and witnesses as inexpensive as possible.

Sec. 19. Jurisdiction in civil cases. — Regional Trial Courts shall exercise exclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (200,000.00);

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(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (200,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and

(8) 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 One hundred thousand pesos (100,000.00) or, in such other above-mentioned items exceeds Two hundred thousand pesos (200,000.00). (As amended by R. A. No. 7691)

Sec. 20. Jurisdiction in criminal cases. — Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.

Sec. 21. Original jurisdiction in other cases. — Regional Trial Courts shall exercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Sec. 22. Appellate jurisdiction. — Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the

Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

Sec. 23. Special jurisdiction to try special cases. — The Supreme Court may designate certain branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.

Sec. 24. Special Rules of Procedure. — Whenever a Regional Trial Court takes cognizance of juvenile and domestic relation cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.

CHAPTER III METROPOLITAN TRIAL COURTS, MUNICIPAL

TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS

Sec. 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts. — There shall be created a Metropolitan Trial Court in each metropolitan area established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in

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each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.

Sec. 26. Qualifications. — No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court unless he is a natural-born citizen of the Philippines, at least 30 years of age, and, for at least five years, has been engaged in the practice of law in the Philippines, or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

Sec. 27. Metropolitan Trial Courts of the National Capital Region. — There shall be a Metropolitan Trial Court in the National Capital Region, to be known as the Metropolitan Trial Court of Metro Manila, which shall be composed of eighty-two (82) branches. There shall be:

Thirty branches (Branches I to XXX) for the city of Manila with seats thereat;

Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats thereat;

Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat;

Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat;

One branch (Branch LIV) for Navotas with seat thereat;

Two branches (Branches LV and LVI) for Malabon with seats thereat;

Two branches (Branches LVII and LVIII) for San Juan with seats thereat;

Two branches (Branches LIX and LX) for Mandaluyong with seats thereat;

Seven branches (Branches LXI and LXVII) for Makati with seats thereat;

Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat;

One branch (Branch LXXIII) for Pateros with seat thereat;

One branch (Branch LXXIV) for Taguig with seat thereat;

Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat;

Two branches (Branches LXXVII and LXXVIII) for Parañaque with seats thereat;

One branch (Branch LXXIX) for Las Piñas with seat thereat;

One branch (Branch LXXX) for Muntinlupa with seat thereat;

Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats thereat;

Sec. 28. Other Metropolitan Trial Courts. — The Supreme Court shall constitute Metropolitan Trial Courts in such other metropolitan areas as may be established by law whose territorial jurisdiction shall be co-extensive with the cities and municipalities comprising the metropolitan area.

Every Metropolitan Trial Judge shall be appointed to 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. A Metropolitan Trial Judge may be assigned by the Supreme Court to any branch within said metropolitan area as the interest of justice may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

Sec. 29. Municipal Trial Courts in cities. — In every city which does not form part of a metropolitan area, there shall be a Municipal Trial Court with one branch, except as hereunder provided:

Two branches for Laoag City;Four branches for Baguio City;Three branches for Dagupan City;Five branches for Olongapo City;Three branches for Cabanatuan City;Two branches for San Jose City;

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Three branches for Angeles City;Two branches for Cavite City;Two branches for Batangas City;Two branches for Lucena City;Three branches for Naga City;Two branches for Iriga City;Three branches for Legaspi City;Two branches for Roxas City;Four branches for Iloilo City;Seven branches for Bacolod City;Two branches for Dumaguete City;Two branches for Tacloban City;Eight branches for Cebu City;Three branches for Mandaue City;Two branches for Tagbilaran City;Two branches for Surigao City;Two branches for Butuan City;Five branches for Cagayan de Oro City;Seven branches for Davao City;Three branches for General Santos City;Two branches for Oroquieta City;Three branches for Ozamis City;Two branches for Dipolog City;Four branches for Zamboanga City;Two branches for Pagadian City; andTwo branches for Iligan City.

Sec. 30. Municipal Trial Courts. — In each of the municipalities that are not comprised within a metropolitan area and a municipal circuit there shall be a Municipal Trial Court which shall have one branch, except as hereunder provided:

Two branches for San Fernando, La Union;Four branches for Tuguegarao;Three branches for Lallo, and two branches for Aparri, both of Cagayan;Two branches for Santiago, Isabela;

Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan Province;Four branches for San Fernando and two branches for Guagua, both of Pampanga;Two branches for Tarlac, Tarlac;Two branches for San Pedro, Laguna; andTwo branches each for Antipolo and Binangonan, both in Rizal.

Sec. 31. Municipal Circuit Trial Court. — There shall be a Municipal Circuit Trial Court in each area defined as a municipal circuit, comprising one or more cities and/or one or more municipalities. The municipalities comprising municipal circuits as organized under Administrative Order No. 33, issued on June 13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537, are hereby constituted as municipal circuits for purposes of the establishment of the Municipal Circuit Trial Courts, and the appointment thereto of Municipal Circuit Trial Judges: Provided, however, That the Supreme Court may, as the interests of justice may require, further reorganize the said courts taking into account workload, geographical location, and such other factors as will contribute to a rational allocation thereof, pursuant to the provisions of Presidential Decree No. 537 which shall be applicable insofar as they are not inconsistent with this Act.

Every Municipal Circuit Trial Judge shall be appointed to a municipal circuit which shall be his official station.

The Supreme Court shall determine the city or municipality where the Municipal Circuit Trial Court shall hold sessions.

Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. — Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) 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 amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence they shall have exclusive original

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jurisdiction thereof. (As amended by R. A, No. 7691)

Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of 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 different transactions;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.

(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That value of such property shall be determined by the assessed value of

the adjacent lots. (As amended by R. A. No. 7691)

Sec. 34. Delegated jurisdiction in cadastral and land registration cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to 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 tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. (As amended by R. A. No. 7691)

Sec. 35. Special jurisdiction in certain cases. — In the absence of all the Regional Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judges sit.

Sec. 36. Summary procedures in special cases. — In Metropolitan Trial Courts and Municipal Trial Courts with at least two branches, the Supreme Court may designate one or more branches thereof to try exclusively forcible entry and unlawful detainer cases, those involving violations of traffic laws, rules and regulations, violations of the rental law, and such other cases requiring summary disposition as the Supreme Court may determine. The Supreme Court shall adopt special rules or procedures applicable to such cases in order to achieve an expeditious and inexpensive determination thereof without regard to technical rules. Such simplified procedures may provide that affidavits and counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall be non-extendible.

Section 37. Preliminary investigation. — Judges of Metropolitan Trial Courts, except those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes alleged to have been committed within their respective territorial

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jurisdictions which are cognizable by the Regional Trial Courts.

The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided, however, That if after the preliminary investigation the Judge finds a prima facie case, he shall forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding information with the proper court.

No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for preliminary investigation, unless after an examination in writing and under oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.

Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.

Sec. 38. Judgments and processes. —

(1) All judgments determining the merits of cases shall be in writing, stating clearly the facts and the law on which they were based, signed by the Judge and filed with the Clerk of Court. Such judgment shall be appealable to the Regional Trial Courts in accordance with the procedure now prescribed by law for appeals to the Court of First Instance, by the provisions of this Act, and by such rules as the Supreme Court may hereafter prescribe.

(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in cases falling within their jurisdiction, may be served anywhere in the Philippines without the necessity of certification by the Judge of the Regional Trial Court.

CHAPTER IV GENERAL PROVISIONS

Sec. 39. Appeals. — The period for appeal from final orders, resolutions, awards, judgments, or decisions of any court in all cases shall be fifteen (15) days counted

from the notice of the final order, resolution, award, judgment, or decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48) hours from the notice of the judgment appealed from.

No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all the pages prominently numbered consecutively, together with an index of the contents thereof.

This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applicable provisions of the Rules of Court.

Sec. 40. Form of decision in appealed cases. — Every decision of final resolution of a court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted by reference from those set forth in the decision, order, or resolution appealed from.

Sec. 41. Salaries. — Intermediate Appellate Justices, Regional Trial Judges, Metropolitan Trial Judges, Municipal Trial Judges, and Municipal Circuit Trial Judges shall receive such compensation and allowances as may be authorized by the President along the guidelines set forth in Letter of Implementation No. 93 pursuant to Presidential Decree No. 985, as amended by Presidential Decree No. 1597.

Sec. 42. Longevity pay. — A monthly longevity pay equivalent to 5% of the monthly basic pay shall be paid to the Justices and Judges of the courts herein created for each five years of continuous, efficient, and meritorious service rendered in the judiciary: Provided, That in no case shall the total salary of each Justice or Judge concerned, after this longevity pay is added, exceed the salary of the Justice or Judge next in rank.

Sec. 43. Staffing pattern. — The Supreme Court shall submit to the President, within thirty (30) days from the date of the effectivity of this Act, a staffing pattern for all courts constituted pursuant to this Act which shall be the basis of the implementing order to be issued by the President in accordance with the immediately succeeding section.

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Sec. 44. Transitory provisions. — The provisions of this Act shall be immediately carried out in accordance with an Executive Order to be issued by the President. The Court of Appeals, the Courts of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts shall continue to function as presently constituted and organized, until the completion of the reorganization provided in this Act as declared by the President. Upon such declaration, the said courts shall be deemed automatically abolished and the incumbents thereof shall cease to hold office. The cases pending in the old Courts shall be transferred to the appropriate Courts constituted pursuant to this Act, together with the pertinent functions, records, equipment, property and the necessary personnel.

The applicable appropriations shall likewise be transferred to the appropriate courts constituted pursuant to this Act, to be augmented as may be necessary from the funds for organizational changes as provided in Batas Pambansa Blg. 80. Said funding shall thereafter be included in the annual General Appropriations Act.

Sec. 45. Shari'a Courts. — Shari'a Courts to be constituted as provided for in Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal Laws of the Philippines," shall be included in the funding appropriations so provided in this Act.

Sec. 46. Gratuity of judges and personnel separated from office. — All members of the judiciary and subordinate employees who shall be separated from office by reason of the reorganization authorized herein, shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous service rendered in any branch of the government or equivalent nearest fraction thereof favorable to them on the basis of the highest salary received: Provided, That such member of the judiciary or employee shall have the option to retire under the Judiciary Retirement Law or general retirement law, if he has met or satisfied the requirements therefor.

Sec. 47. Repealing clause. — The provisions of Republic Act No. 296, otherwise known as the Judiciary Act of 1948, as amended, of Republic Act No. 5179 as amended, of the Rules of Court, and of all other statutes, letters of instructions and general order

or parts thereof, inconsistent with the provisions of this Act are hereby repealed or accordingly modified.

Sec. 48. Date of Effectivity. — This Act shall take effect immediately.

Approved: August 14, 1981

RA 7691- expanding jurisdiction of MTC.

REPUBLIC ACT NO. 7691March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS,

MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS

PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY REORGANIZATION ACT

OF 1980"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Sec. 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary Reorganization Act of 1980", is hereby amended to read as follows:

"Sec. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original jurisdiction.

"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

"(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One

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hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);

"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00);"(5) In all actions involving the contract of marriage and marital relations;

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;

"(7) 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

"(8) 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 One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."

Sec. 2. Sec. 32 of the same law is hereby amended to read as follows:

"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Criminal Cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) 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 amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof."

General Jurisdiction and Limited Jurisdiction Distinguished

MTC limited, RTC general jurisdiction.

Real Actions

With RTC is now a thing of the past. Real actions are actions affecting title to or possession of real property or interest therein.

Before RA 7691, the RTC has exclusive original jurisdiction over real action over real action except forcible entry and unlawful detainer which falls under MTC, the subject being mere physical possession, or possession de facto.

Assessed Value

MTC limited, RTC general jurisdiction.

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