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    SUPREME COURT

    Judiciary Act of 1948

    Section 17. Jurisdiction of the Supreme Court. The Supreme Court shall have original jurisdiction over

    cases affecting ambassadors, other public ministers, and consuls; and original and exclusive jurisdiction

    in petitions for the issuance of writs of certiorari, prohibition and mandamus against the Court of

    Appeals.

    In the following cases, the Supreme Court shall exercise original and concurrent jurisdiction with Court

    of First Instance:

    1. In petitions for the issuance of writs of certiorari, prohibition, mandamus, quo warranto, and habeas

    corpus;

    2. In actions between the Roman Catholic Church and the municipalities or towns, or the Filipino

    Independent Church for controversy as to title to, or ownership, administration or possession of

    hospitals, convents, cemeteries or other properties used in connection therewith;

    3. In actions brought by the Government of the Philippines against the Roman Catholic Church or vice

    versa for the title to, or ownership of, hospitals, asylums, charitable institutions, or any other kind of

    property; and

    4. In actions brought to prevent and restrain violations of law concerning monopolies and combinationsin restraint of trade.

    The Supreme Court shall have exclusive jurisdiction to review, revise, reverse, modify or affirm on

    appeal, certiorari or writ of error, as the law or rules of court may provide, final judgment and decrees of

    inferior courts as herein provided, in

    (1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order or

    regulation is in question;

    (2) All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in

    relation thereto;

    (3) All cases in which the jurisdiction of any inferior court is in issue;

    (4) All criminal cases involving offenses for which the penalty imposed is death or life imprisonment; and

    those involving other offenses which, although not so punished, arose out of the same occurrence orwhich may have been committed by the accused on the same occasion, as that giving rise to the more

    serious offense, regardless of whether the accused are charged as principals, accomplices, or

    accessories, or whether they have been tried jointly or separately;

    (5) All civil cases in which the value in controversy exceeds fifty thousand pesos, exclusive of interests

    and costs, or in which the title or possession of real estate exceeding in value the sum of fifty thousand

    pesos to be ascertained by the oath of a party to the cause or by other competent evidence, is involved

    or brought in question. The Supreme Court shall likewise have exclusive jurisdiction over all appeals in

    civil cases, even though the value in controversy, exclusive of interests and costs, is fifty thousand pesos

    or less, when the evidence involved in said cases is the same as the evidence submitted in an appealed

    civil case within the exclusive jurisdiction of the Supreme Court as provided herein;

    (6) All other cases in which only errors or questions of law are involved.

    COURT OF APPEALS

    B.P. 129 as amended by R.A. 7902

    Section 9.Jurisdiction.The Court of Appeals shall Exercise:

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    1. Original jurisdiction to issue writs ofmandamus, prohibition, certiorari, habeascorpus, and quo warranto,and auxiliary writs or processes, whether or not in aid of itsappellate jurisdiction;

    2. Exclusive original jurisdiction over actions for annulment of judgements of Regional TrialCourts; and

    3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards ofRegional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,including the Securities and Exchange Commission, the Social Security Commission, theEmployees Compensation Commission and the Civil Service Commission, Except thosefalling within the appellate jurisdiction of the Supreme Court in accordance with theConstitution, the Labor Code of the Philippines under Presidential Decree No. 442, asamended, the provisions of this Act, and of subparagraph (1) of the third paragraph andsubparagraph 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 andperform 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 becontinuous and must be completed within three (3) months, unless extended by the ChiefJustice. (as amended byR.A. No. 7902.)

    REGIONAL TRIAL COURT

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

    Section 19.Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive originaljurisdiction:

    (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 interesttherein, 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 oflands 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 exceedsOne hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand orclaim 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 estateexceeds 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 bodyexercising 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 jurisdictionof a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as nowprovided 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 controversyexceeds One hundred thousand pesos (100,000.00) or, in such other abovementioned itemsexceeds Two hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)

    Section 20.Jurisdiction in criminal cases. Regional Trial Courts shall exercise exclusive originaljurisdiction 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 whichshall hereafter be exclusively taken cognizance of by the latter.

    Section 21.Original jurisdiction in other cases. Regional Trial Courts shall exercise originaljurisdiction:

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

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

    Section 22.Appellate jurisdiction. Regional Trial Courts shall exercise appellate jurisdiction overall cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit TrialCourts in their respective territorial jurisdictions. Such cases shall be decided on the basis of theentire record of the proceedings had in the court of origin and such memoranda and/or briefs as maybe submitted by the parties or required by the Regional Trial Courts. The decision of the RegionalTrial 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 showsprima facie that thelower court has committed an error of fact or law that will warrant a reversal or modification of thedecision or judgment sought to be reviewed.

    Section 23.Special jurisdiction to try special cases. The Supreme Court may designate certainbranches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domesticrelations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction ofquasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court maydetermine in the interest of a speedy and efficient administration of justice.

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    MTC/MCTC

    BP 129 as amended by RA 7691

    "Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and MunicipalCircuit 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 ordinancescommitted within their respective territorial jurisdiction; and

    "(2) Exclusive original jurisdiction over all offenses punishable with imprisonment notexceeding six (6) years irrespective of the amount of fine, and regardless of otherimposable accessory or other penalties, including the civil liability arising from suchoffenses or predicated thereon, irrespective of kind, nature, value or amount thereof:Provided, however, That in offenses involving damage to property through criminalnegligence, they shall have exclusive original jurisdiction thereof."

    "Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and MunicipalCircuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, andMunicipal Circuit Trial Courts shall exercise:

    "(1) Exclusive original jurisdiction over civil actions and probate proceedings, testateand intestate, including the grant of provisional remedies in proper cases, where thevalue of the personal property, estate, or amount of the demand does not exceedOne hundred thousand pesos (P100,000.00) or, in Metro Manila where suchpersonal property, estate, or amount of the demand does not exceed Two hundredthousand pesos (P200,000.00), exclusive of interest, damages of whatever kind,attorney's fees, litigation expenses, and costs, the amount of which must bespecifically alleged: Provided, That interest, damages of whatever kind, attorney'sfees, litigation expenses, and costs shall be included in the determination of the filingfees: Provided, further, That where there are several claims or causes of actionsbetween the same or different parties, embodied in the same complaint, the amountof the demand shall be the totality of the claims in all the causes of action,irrespective of whether the causes of action arose out of the same or differenttransactions;

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

    "(3) Exclusive original jurisdiction in all civil actions which involve title to, orpossession of, real property, or any interest therein where the assessed value of theproperty 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 Fiftythousand pesos (P50,000.00) exclusive of interest, damages of whatever kind,attorney's fees, litigation expenses and costs: Provided, That in cases of land notdeclared for taxation purposes, the value of such property shall be determined by theassessed value of the adjacent lots."

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    :

    "Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. MetropolitanTrial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned bythe Supreme Court to hear and determine cadastral or land registration cases covering lotswhere there is no controversy or opposition, or contested lots where the value of which does

    not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained bythe affidavit of the claimant or by agreement of the respective claimants if there are morethan one, or from the corresponding tax declaration of the real property. Their decisions inthese cases shall be appealable in the same manner as decisions of the Regional TrialCourts."

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

    RULE OF PROCEDURE FOR SMALL CLAIMS CASES

    Section 1.Title. - This Rule shall be known as " The Rule of Procedure for Small Claims Cases."

    Section 2.Scope. - This Rule shall govern the procedure in actions before the Metropolitan trialCourts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts forpayment of money where the value of the claim does not exceed One Hundred Thousand Pesos

    (P100,000.00) exclusive of interest and costs.

    Section 3.Definiton of Terms. - For purposes of this Rule:

    (a) Plaintiff- refers to the party who initiated a small claims action. The term includes adefendant who has filed a counterclaim against plainfill;

    (b) Defendant- is the party against whom the plaintiff has filed a small claims action. Theterm includes a plaintiff against whom a defendant has filed a claim, or a person who repliesto the claim;

    (c) Person - is an individual, corporation, partnership, limited liability partnership, association,

    or other juridical entity endowed with personality by law;

    (d) Individual- is a natural person;

    (e) Motion - means a party's request, written or oral, to the court for an orderaction. It shallinclude an informal written request to the court, such as a letter;

    (f) Good cause - means circumtances sufficient to justify the requested order or other action,as determined by the judge; and

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    (g)Affidavit- means a written statement or declaration of facts that are shown or affirmed tobe true.

    Section 4.Applicability- The Metropolitan Trial Courts, Municipal Trial Courts in Cities, MunicipalTrial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are; (a)purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or

    reimbursement of sum of money, and (b) the civil aspect of criminal action, or reserved upon thefiling of the criminal action in court, pursuant to Rule of 111 of the Revised Rules of CriminalProcedure.

    These claims or demands may be;

    (a) For money owned under any of the following;

    1. Contract of Lease;

    2. Contract of Loan;

    3. Contract of Services;

    4. Contract of Sale; or

    5. Contract of Mortgage;

    (b) For damages arising from any of the following;

    1. Fault or negligence;

    2. Quasi-contract; or

    3. Contract;

    (c) The enforcement of a barangay amicable settlement or an arbitration award involving amoney claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwiseknown as the Local Government Code of 1991.

    Section 5.Commencement of Small Claims Action. - A small claims action is commenced by filingwith the court an accomplished and verified Statement of Claim(Form 1 - SCC)in duplicate,accompanied by a Certification of Non-forum Shopping(Form 1-A,SCC), and two (2) duly certifiedphotocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnessesand other evidence to support the claim. No evidence shall be allowed during the hearing which wasnot attached to or submitted together with the Claim, unless good cause is shown for the admission

    of additional evidence.

    No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiatea small claims action.

    Section 6.Joinder of Claims - Plaintiff may join in a single statement of claim one or more separatesmall claims against a defendant provided that the total amount claimed, exclusive of interest andcosts, does not exceed P100,00.00.

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    Section 7.Affidavits - The affidavits submitted under this Rule shall state only facts of directpersonal knowledge of the affiants which are admissible in evidence.

    A violation of this requirement shall subject the party, and the counsel who assisted the party in thepreparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) orportion(s) thereof shall be expunged from the record.

    Section 8.Payment of Filing Fees. - The plaintiff shall pay the docket and other legal feesprescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.

    A claim filed with a motion to sue as indigent(Form 6-SCC)shall be referred to the Executive Judgefor immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing thesmall claims case. If the motion is granted by the Executive Judge, the case shall be raffled off orassigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shallbe given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissedwithout prejudice. In no case shall a party, even if declared an indigent, be exempt from the paymentof the P1,000.00 fee for service of summons and processes in civil cases.

    Section 9.Dismissal of the Claim. - After the court determines that the case falls under this Rule, itmay, from an examination of the allegations of the Statement of Claim and such evidence attachedthereto, by itself, dismiss the case outright of any of the grounds apparent from the Claim for thedismissal of a civil action.

    Section 10.Summons and Notice of Hearing- If no ground for dismissal is found, the court shallforthwith issue Summons(Form 2-SCC)on the day of receipt of the Statement of Claim, directingthe defendant to submit a verified Response.

    The court shall also issue a Notice(Form 4-SCC)to both parties, directing them to appear before iton a specific date and time for hearing, with a warning that no unjustified postponement shall beallowed, as provided in Section 19 of this Rule.

    The summons and notice to be served on the defendant shall be accompanied by a copy of theStatement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC)to be accomplished by the defendant. The Notice shall contain an express prohibition againstthe filing of a motion to dismiss or any other motion under Section 14 of this Rule.

    Section 11.Response - The defendant shall file with the court and serve on the plaintiff a dulyaccomplished and verified Response within a non - extendible period of ten (10) days from receipt ofsummons. The Response shall be accompanied by certified photocopies of documents, as well asaffidavits of witnesses and other evidence in support thereof. No evidence shall be allowed duringthe hearing which was not attached to or submitted together with the Response, unless good causeis shown for the admission of additional evidence.

    Section 12.Effect of Failure to File Response - Should the defendant fail to file his response withinthe required period, the court by itself shall render judgement as may be warranted by the factsalleged in the Statement of claim limited to what is prayed for. The court however, may, in itsdiscretion, reduce the amount of damages for being excessive or unconscionable

    Section 13.Counterclaims Within the Coverage of this Rule - If at the time the action iscommenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage ofthis rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is thesubject matter of the plaintiff's claim; (c) does not require for its adjudication the joinder of third

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    parties; and (d) is not the subject of another pending action, the claim shall be filed as acounterclaim in the response; otherwise, the defendant shall be barred from suit on thecounterclaim.

    The defendant may also elect to the file a counterclaim against the plaintiff that does not arise out ofthe same transaction or occurrence , provided that the amount and nature thereof are within the

    coverage of this Rule and the prescribed docket and the other legal fees are paid.

    Section 14.Prohibited Pleadings and Motions - The following pleadings, motions, and petitions shallnot be allowed in the cases covered by this Rule:

    (a) Motion to dismiss the compliant except on the ground of lack of jurisdiction;

    (b) Motion for a bill of particulars;

    (c) Motion for new trial, or for reconsideration of a judgement, or for reopening of trial;

    (d) Petiton for relief from judgement;

    (e) Motion for extension of time to file pleadings, affidavits, or any other paper;

    (f) Memoranda;

    (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued bythe court;

    (h) Motion to declare the defendant in default;

    (i) Dilatory motions for postponement;

    (j) Reply;

    (k) Third-party complaints; and

    (l) Interventions.

    Section 15.Availability of Forms; Assistance by Court Personnel. - The Clerk of Court or otherpersonnel shall provide such assistance as may be requested by a plaintiff or a defendant regardingthe availability of forms and other information about the coverage, requirements as well asprocedure for small claims cases.

    Section 16.Appearance. - the parties shall appear at the designated date of hearing personally orthrough a representative authorized under a Special Power of Attorney(Form 5-SCC )to enter intoan amicable settlement, to submit of Judicial Dispute Resolution (JDR) and to enter into stipulationsor admissions of facts and of documentary exhibits

    Section 17.Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf of orrepresent a party at the hearing, unless the attorney is the plaintiff or defendant.

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    If the court determines that a party cannot properly present his/her claim or defense and needsassistance, the court may, in its discretion, allow another individual who is not an attorney to assistthat party upon the latter's consent.

    Section 18.Non-appearance of Parties. - Failure of the plaintiff to appear shall be cause for thedismissal of the claim without prejudice. The defendant who appears shall be entitled to judgement

    on a permissive counterclaim.

    Failure of the defendant to appear shall have the same effect as failure to file a Response underSection 12 of this Rule. This shall not apply where one of two or more defendants who are suedunder a common cause of action and have pleaded a common defense appears at the hearing.

    Failure of both parties to appear shall cause the dismissal with prejudice of both the claim andcounterclaim.

    Section 19.Postponement When Allowed. - A request for postponement of a hearing may begranted only upon proof of the physical inability of the party to appear before the court on thescheduled date and time. A party may avail of only one (1) postponement.

    Section 20.Duty of the Court. - At the beginning of the court session, the judge shall read aloud ashort statement explaining the nature, purpose and the rule of procedure of small claims cases.

    Section 21.Judicial Dispute Resolution. - At the hearing, the judge shall conduct Judicial DisputeResolution (JDR) through mediation, conciliation, early neutral evaluation, or any other mode ofJDR. Any settlement(Form 7-SCC)or resolution(Form 8-SCC)of the dispute shall be reduced intowriting, signed by the parties and submitted to the court for approval(Form 12-SCC).

    Section 22.Failure of JDR. - If JDR fails and the parties agree in writing(Form 10-SCC)that thehearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall soproceed in an informal and expeditious manner and terminated within one (1) day.

    Absent such agreement, (a) in case of a multi-sala court , the case shall, on the same day, betransmitted(Form 11-SCC)to the Office of the Clerk of Court for immediate referral by the ExecutiveJudge to the pairing judge for hearing and decision within five (5) working days from referral; and (b)in case of single sala court, the pairing judge shall hear and decide the case in the court of originwithin five (5) working days from referral by the JDR judge.

    Section 23.Decision. - After the hearing, the court shall render its decision on the same day, basedon the facts established by the evidence(Form 13-SCC). The decision shall immediately be enteredby the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on theparties.

    The decision shall be final and unappealable.

    Section 24.Execution. - If the decision is rendered in favor of the plaintiff, execution shall issueupon motion(Form 9-SCC).

    Section 25.Applicability. of the Rules of Civil Procedure - The Rules of Civil procedure shall applysuppletorily insofar as they are not inconsistent with this rule.

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    Section 26.Effectivity. - This Rule shall take effect on October 01, 2008 for the pilot courtsdesignated to apply the procedure for small claims cases following its publication in two newspaperof general circulation.

    a)