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CIVIL PROCEDURE REMEDIAL LAW
Appoint all Judiciary officials/EEs in accordance with the Civil Service Law. CONSTITUTIONAL COMMISSSIONS
Decisions/orders/rulings of constitutional commissions (CSC, COMELEC and COA) may be brought to the SC on
by the aggrieved party, within 30 days from receipt of copy.
[Art. 9-A, Sec. 7, Consti]
If otherwise provided by the Constitution or by law.
CSC judgments/decisions/orders are within the exclusive appellate jurisdiction of the CA through Rule 43.
CTA judgments/decisions are now appealable by petition for review on certiorari to the SC.
COURT OF APPEALS
[Sec. 9, BP 129]
Mandamus, prohibition, certiorari, habeas corpus and quo warranto, and auxiliary writs/processes, WON in aid of its appellate jurisdiction. EXCLUSIVE ORIGINAL JURISDICTION
Annulment of RTC judgments. EXCLUSIVE APPELLATE JURISDICTION
Final judgments/decisions/resolutions/orders/ awards of: 1)
Quasi-judicial agencies/instrumentalities/ boards/commissions including: a)
Social Security Commission; c)
Those falling within the SC’s appellate jurisdiction of the Supreme Court in accordance with: (1)
The Constitution; (2)
Labor Code; (3)
BP 129; (4)
Sec. 17, Par. 3(1) and Par. 4(4) of the Judiciary Act of 1948.
Supposed appeals from the NLRC to the SC are interpreted and hereby declared to mean and refer to petitions for certiorari under Rule 65. All such petitions should henceforth be initially filed in the CA in strict observance of the doctrine on the hierarchy of courts as the appropriate forum for the relief desired.
[St. Martin’s Funeral Home v. NLRC (1998)]
Try cases; 2)
Trials/hearings must be continuous and must be completed within 3 months, unless extended by the Chief Justice. 3)
Receive evidence; 4)
Any and all acts necessary to resolve factual issues raised, including the power to grant and conduct new trials or further proceedings.
REGIONAL TRIAL COURTS
EXCLUSIVE ORIGINAL JURISDICTION IN CIVIL CASES
[Sec. 19, BP 129]
1) Incapable of pecuniary estimation;
If the action is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and jurisdiction over the action will depend on the amount of the claim.
[RCPI v. CA (2002)]
If the basic issue is something other than the right to recover a sum of money, if the money claim is purely incidental to, or a consequence of, the principal relief sought, the action is one where the subject of the litigation may not be estimated in terms of money.
[Soliven v. Fastforms (1992)]
If the thing sought to be deposited or consigned is a sum of money, the amount of the debt due is determinable and capable of pecuniary estimation.
[Ascue v. CA (1991)]
Action for support is incapable of pecuniary estimation because the court is asked to determine first WON the plaintiff is indeed entitled to support.
[Baito v. Sarmiento (1960)]
Action for specific performance is incapable of pecuniary estimation.
[Manufacturer’s Distributor’s v. Yu Siu Liong (1966)]
The jurisdiction of the respective courts is determined by the value of the demand and not the value of the transaction out of which the demand arose. The alternative prayer for specific performance is also of the same value, for the alternative prayers would not have been made in the complaint if one was more valuable than the other.
[Cruz v. Tan (1950)