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CIVIL PROCEDURE

Mandatory Readings

1987 Constitution
1991 Revised Rule on Summary Procedure
1997 Rules of Civil Procedure
A.M. 99-2-01-SC
A.M. No. 00-2-14-SC
A.M. No. 02-1-06-SC
A.M. No. 02-11-10-SC (March 15, 2003)
A.M. No. 02-11-11-SC (March 15, 2003)
A.M. No. 02-11-12-SC (March 15, 2003)
A.M. No. 03-1-09-SC (July 13, 2004)
A.M. No. 04-10-11-SC (November 15, 2004)
A.M. No. 04-9-07-SC
A.M. No. 07-9-12-SC 25 (September 25, 2007) (Rule on the Writ of Amparo)
A.M. No. 08-1-16-SC (Rule on the Writ of Habeas Data)
A.M. No. 08-8-7-SC (October 1, 2008)
A.M. No. 88-1-6460, March 3, 1988
A.O. 33
B.P. 129 (as am. By R.A. 7691 and R.A. 7902)
B.P. 68
Bar Matter No. 1132
Bar Matter No. 1922
Bar Matter No. 287 (September 26, 2000)
Civil Code
E.O. 209 (Family Code)
OCA Cir. No. 39-98
P.D. 1079
P.D. 1083
P.D. 1486
P.D. 1606, as amended by RA 7975
P.D. 1818 (1989)
P.D. 442, as amended by RA 6715 Private Juridical Entity)
P.D. 537
R.A. 4883
R.A. 6657
R.A. 6734
R.A. 6809
R.A. 7160, secs. 399-422 (Revised Katarungang Pambarangay Law)
R.A. 7691
R.A. 8249
R.A. 8369
R.A. 8799 (Securities Regulation Code)
R.A. 8974
R.A. 8975
R.A. 9285
SC A.M. 03-1-09-SC
SC A.M. 7-7-12 (December 4, 2007)
SC A.M. 7-7-12 (December 4, 2007)
SC A.M. No. 04-7-03-SC (July 13, 2004)
SC A.M. No. 11-3-6-SC
SC A.M. No. 7-7-12 (December 4, 2007)
SC A.M. No. 99-2-04-SC
SC Adm. Cir. No. 7-A-92 (June 21, 1993)
SC Adm. Memo. No. 01-2-04
SC Admin. Cir. 20-95 (February 12 ,1995)
SC Admin. Cir. 29-2002 (July 1, 2002)
SC Admin. Cir. 3-96 (February 9, 1993)
SC Admin. Cir. 38-2002 (August 28, 2002)
SC Admin. Cir. No. 11-2000
SC Admin. Cir. No. 3-96 (supra, see Rule 45)
SC Admin. Circular 09-94 (June 4, 1994)
SC Cir. 1-89
SC Cir. 10-25-2000
SC Cir. 13-93
SC Cir. 48-2000
SC Cir. 5-98 (January 12, 1998)
SC Cir. 6-93 (February 9, 1993)
SC Cir. 68-94 (November 3, 1994)
SC Cir. No. 11-99
SC Circular 2-89
SC Circular 38-97
SC Circular No. 48-2000
SC Resolution of February 17, 1998
SC Resolution of February 9, 1999 re A.M. No. 99-2-01-SC

Jurisprudence

1. Sindico vs. Diaz


2. Tolentino vs. Leviste
3. Manila Railroad vs. Atty. General
4. Abbain vs. Chua
5. SEAFDEC vs. NLRC
6. Soliven vs. Fastforms Phils.
7. Siena Realty Corp. vs. Gal-lang
8. Southern Food vs. Salas
9. Manila Railroad vs. Atty. General
10. Boticano vs. Chu
11. Rodriguez vs. Alikpala
12. Banco Espanol Filipino vs. Palanca
13. De Midgely vs. Ferandos
14. Gonzaga vs. CA
15. Urbano vs. Chavez
16. Ortigas vs. CA
17. Josefa vs. Zhandong Trading Corp.
18. People vs. Sola
19. St. Martin Funeral Home v. NLRC
20. CB vs. CA
21. Home Guaranty vs. R-II Builders
22. Ascue vs. CA
23. Baito vs. Sarmiento
24. Matling Industrial vs. Coros
25. UST vs. Sanchez
26. Lim Kieh Tong v. CA
27. BF Citiland Corporation v. Otake
28. Russel v. Vestil
29. Tomawis v. Balindong
30. Republic v. Asuncion
31. Land Bank v. Villegas
32. STRADEC v. SIDC
33. City Government of Baguio City v. Masweng
34. Manufacturers Distributors v. Yu Siu Liong
35. Cruz v. Tan
36. Lapitan v. Scandia
37. Good Development v. Tutaan
38. Hernandez v. Rural Bank of Lucena (81 SCRA 75)
39. De Midgely v. Ferandos (64 SCRA 23; supra, Part IV, B)
40. CB v. CA (supra, Part V, C. [emphasis on pp. 682-683]
41. Philippine First Insurance Co., Inc., et al. v. Pyramid
42. Logistics and Trucking Corporation (G.R. No.16514, July 9, 2008)
43. Go v. Tong (G.R. No. 151942, November 27, 2003)
44. Metropolitan Bank and Trust Co. v. Perez (G.R. No.181842, February 5, 2010)
45. Felipe v. Leuterio (91 Phil. 482)
46. Santiago v. Bautista ( 32 SCRA 188)
47. Sagrada Orden de Precadores del Santisimo Rosario de Filipinas v. National
Coconut Corporation (92 Phil.503)
48. Ma-ao Sugar Central v. Barrios (79 Phil. 666)
49. Danfoss v. Continental Cement (G.R. No. 143788, Sep. 9,2005)
50. Bayan Muna v. Romulo (G.R. No. 159618, February 1,2011)
51. Sec. of National Defense v. Manalo (G.R. No. 180906 October 7, 2008)
52. Juasing Hardware v. Mendoza (115 SCRA 783)
53. Carillo v. Dabon (G.R. No. 121165, Sep. 26, 2006)
54. Joya v. PCGG (225 SCRA 568)
55. Mioza v. Lopez (G.R. No. 170914, April 13, 2011)
56. Ablaza v. Republic (G.R. No. 158298, August 11, 2010)
57. Bayan Muna v. Romulo (G.R. No. 159618, February 1, 2011; supra)
58. Oposa v. Factoran (224 SCRA 792)
59. Flores v. Mallare-Phillips (144 SCRA 377)
60. Wee v. De Castro (G.R. No. 176405, August 20, 2008)
61. Wee v. De Castro (G.R. No. 176405, August 20, 2008)
62. Arcelona v. CA (G.R. No. 102900, Oct. 2, 1997)
63. Cerezo v. Tuazon (G.R. No. 141538, March 23, 2004)
64. Quiombing v. CA (G.R. 93010, August 30, 1990)
65. Orbeta v. Sendiong (G.R. No. 155236, July 8, 2005)
66. Chua v. Beltran (G.R. No. 151900, August 30, 2005)
67. [Limos v. Odones (G.R. No. 186979, August 11, 2010)]
68. [Manalo v. Robles Transportation Company (G.R. No. L-8171,August 16, 1956)]
69. Newsweek v. IAC (142 SCRA 171)
70. Manila Intl. Airport Authority v. Rivera Village (G.R. No.143870, Sep. 30, 2005)
71. Re: Request of the Heirs of the Passengers of Doa Paz (A.M. No.88-1-6460,
March 3, 1988)
72. [Filipinas Port Services, Inc. v. Go (G.R. No. 161886, March 16,2007]
73. [Reyes v. Regional Trial Court of Makati, et al., G.R. No. G.R. No. 165744,
August 11, 2008)]
74. Chua v. Beltran (G.R. No. 151900, August 30, 2005)
75. Cruz v. Cruz (G.R. No. 173292, September 1, 2010)
76. Gojo v. Goyala (35 SCRA 557)
77. [Heirs of Medrano v. De Vera (G.R. No. 165770, August 9, 2010)]
78. Del Castillo v. Jaymalin (G.R. No. L-28256, March 17, 1982)
79. [Carabeo v. Spouses Dingco (G.R. No. 190823, April 4, 2011)]
80. People v. Sola (supra, Part V, A)
81. Time, Inc. v. Reyes (39 SCRA 303)
82. Pilipino Telephone v. Tecson (G.R. No. 156966, May 7, 2004)
83. Marcos-Araneta v. CA (G.R. No. 154096, August 22, 2008)
84. [Dacoycoy v. Intermediate Appellate Court (G.R. No. 74854, April 2, 1991)]
85. [Board of Trustees of GSIS v. Velasco, et. al. (G.R. No. 170463, February 2,
2011)]
86. [Navida et. al. v. Dizon (G.R. No. 125078, May 30, 2011)]
87. Namarco v. Federacion (49 SCRA 238)
88. Young v Sy (G.R. No. 157745, Sep. 26, 2006)
89. Republic v. Central Surety (26 SCRA 741)
90. Asian Construction v CA (G.R. No. 160242, May 17, 2005)
91. Pentacapital v. Mahinay (G.R. No. 171736, 181482, July 5,2010)
92. 3A Apparel v. Metropolitan Bank (G.R. No. 186175, August 25, 2010)
93. Meliton v. Court of Appeals (G.R. No. 101883, December11, 1992)
94. Gojo v. Goyala (35 SCRA 557; supra)
95. Namarco v. Federacion (49 SCRA 238; supra)
96. GSIS v. Caballero (G.R. No. 158090, October 4, 2010)
97. Calo v. Ajax (22 SCRA 996)
98. Chavez v. Sandiganbayan (193 SCRA 282)
99. Cojuangco v. Villegas (G.R. 76838, April 17, 1990, 184 SCRA 374)
100. Chan v. CA (G.R. No. 109020) Mar. 3, 1994)
101. Gojo v. Goyala (supra)
102. Tec Bi v. Chartered Bank of India (41 Phil. 596)
103. Phil. Advertising v. Revilla (52 SCRA 246)
104. Liam Law v. Olympic Sawmill (129 SCRA 439)
105. Katon v. Palanca (G.R. No. 151149, Sep. 7, 2004)
106. [Valientes v. Ramas (G.R. No. 157852, December 15, 2010)]
107. [Rumarate v. Hernandez (G.R. No. 168222, April 18, 2006)]
108. [Alicer v. Compas, et al. (G.R. No. 187720, May 30, 2011)]
109. Phil. Banking Corp. v. CA (G.R. No. 133710, Jan 13, 2004)
110. Baguioro v. Barrios (G.R. No. L-277, Aug. 30, 1946)
111. [Morales v. Court of Appeals (G.R. No. 112140, June 23,2005)]
112. Wee v. Galvez (G.R. No. 147394, Aug. 11, 2004)
113. Garcia v. Sandiganbayan (G.R. No. 165835, June 22, 2005)
114. Disini v. SB (G.R. No. 175730, July 5, 2010)
115. Benguet v. CA (GR No. 153571, September 18, 2003)
116. Palma v. Galvez (G.R. No. 165273, March 10, 2010)
117. Cruz-Agana v. Hon. Santiago Lagman (G.R. No. 139018, Apr. 11, 2005)
118. Wee v. Galvez (G.R. No. 147394, Aug. 11, 2004)
119. [Chua v. Beltran (G.R. No. 151900, August 30, 2005); supra, Rule3.11]
120. [Ali-Bondagjy v. Artadi (G.R. No. 170406, August 11, 2008)]
121. [Asia United Bank, et. al. v. Goodland Company, Inc. (G.R. No.
122. 190231, December 8, 2010)]
123. [Paradero v. Abragan (G.R. No. 158917, March 1, 2004)]
124. [Hasegawa v. Kitamura (G.R. No. 149177, November 23, 2007)]
125. [Mid-Pasig Land Development Corporation v. Tablante (G.R. No.
126. 162924, February 4, 2010)]
127. [BPI v. CA (G.R. No. 168313, October 6, 2010)]
128. [Vallacar Transit, Inc. v. Catubig (G.R. No. 175512, May 30, 2011)]
129. [Disini v. Sandiganbayan (G.R. No. 175730, July 5, 2010)]
130. Perpetual Savings v. Fajardo (223 SCRA 720)
131. Wee v. Galvez (supra)
132. Cerezo v. Tuazon (supra)
133. Sps. Delos Santos v. RTC (G.R. No.153696, Sep. 11, 2006)
134. Juasing Hardware v. Mendoza (115 SCRA 178; supra)
135. Dauden-Hernaez v. de los Angeles (27 SCRA 1276)
136. Phil. Export v. Phil. Infrastructures (G.R. No. 120384, Jan 13, 2004)
137. Surigao Mining v. Harris (69 Phil. 113)
138. [Bormaheco v. Malayan (G.R. No. 156599, July 26, 2010)]
139. Bautista v. Maya-Maya (G.R. 148361, Nov. 29, 2005)
140. GCP-Manny v. Principe (G.R. 141484, Nov. 11, 2005)
141. Marinduque Mining and Industrial Corporation and Industrial
142. Enterprises, Inc. v. Court of Appeals (G.R. No. 161219, October 6, 2008)
143. Camper Realty v. Pajo-Reyes (G.R. No. 179543, October 6, 2010)
144. [GSIS v. NLRC (G.R. No. 180045, November 17, 2010)]
145. Luz v. National Amnesty Commission (G.R. No. 159708, Sep. 24, 2004)
146. Toyota Cubao v. CA (G.R. No. 126321, Oct. 23, 1997)
147. Gentle Supreme v. Consulta (G.R. No. 183182, September 1, 2010)
148. Andy Quelnan v. VHF Phil. (G.R. No. 138500, Sep. 16, 2005)
149. Robinson v. Miralles (G.R. No. 163584, December 12, 2006)
150. Palma v. Galvez (supra)
151. Afdal v. Carlos (G.R. No. 173379, December 1, 2010)
152. Dial Corp. v. Soriano (161 SCRA 737)
153. Montalban v. Maximo (22 SCRA 1070)
154. De Midgley v. Ferandos (supra)
155. Sahagun v. CA (G.R. No. 78328, June 3, 1991)
156. Romualdez-Licaros v. Licaros (G.R. No. 150656, April 29, 2003)
157. Paluwagan ng Bayan v. King (172 SCRA 62)
158. Dole Philippines, Inc. vs. Hon. Reinato G. Quilala, (G.R. No. 168723 July 9,
2008)
159. Facilities Management v. De la Osa (89 SCRA 131)
160. Montalban v. Maximo (supra)
161. Palma v. Galvez (supra)
162. Baltazar v. CA (168 SCRA 354)
163. Rodriguez v. Alikpala (supra)
164. City of Dumaguete v. Philippine Ports Authority (G.R. No. 168973, August 24,
2011)
165. [Bacelonia v. Court of Appeals (G.R. No. 143440, February 11, 2003)]
166. [Philippine National Railways v. Rustia (G.R. No. 153721, September 15,
2006)]
167. SEAFDEC v. NLRC
168. Philville v. Javier (G.R. No.147738, Dec. 13, 2005)
169. Carillo v. Dabon (G.R. No. 121165, Sep. 26, 2006; supra);
170. Arcelona v. CA (G.R. No. 102900, Oct. 2, 1997; supra)
171. [Universal Robina Corporation v. Lim (G.R. No. 154338, October 5, 2007)]
172. Perkin Elmer Singapore Pte Ltd. v. Dakila Trading Corporation (G.R. No.
173. 172242, August 14, 2007; supra)
174. Global Business v. Surecomp Software (G.R. No. 173463, October 13, 2010)
175. Allied Agri-Business Development Company v. CA (G.R. No. 118438,
176. December 4, 1998)
177. Lee Bun Ting v. Aligaen (76 SCRA 178)
178. Villarino v. Avila (G.R. No.131191, Sep. 26, 2006)
179. Lacap v. Lee (G.R. No. 142131, December 11, 2002)
180. Santos v. National Statistics Office (G.R. No. 171129, April 06, 2011)
181. [Panganiban v. Pilipinas (G.R. No. 131471, January 22, 2003)]
182. Del Rosario v. Donato (G.R. No. 180595, March 5, 2010)
183. Santiago v. De Los Santos (61 SCRA 146)
184. Heirs of Licaros v. Sandiganbayan (G.R. No. 157438, Oct. 18, 2004)
185. Balo v. CA (G.R. No. 129704, Sep 30, 2005)
186. Katon v. Palanca (supra, Part VI.F.3)
187. Tancuntian v. Gempesaw (G.R. No.149097, Oct. 18, 2004)
188. Goodyear v. Sy (G.R. 154554, Nov. 9, 2005)
189. Malion v. Alcantara (G.R. No.141528, Oct. 31, 2006)
190. Swagman Hotel v. CA (G.R. 161135, Apr. 8, 2005)
191. Regala v. Sandiganbayan (G.R. No.105938, Sep. 20, 1996)
192. [Bank of America v. Court of Appeals] (G.R. No. 120135, March 31, 2003)
193. [Robern v. Quitain (G.R. No. 135042, September 23, 1999)]
194. [Sea-Land Service, Inc. v. CA (G.R. 126212, Mar. 2, 2000)]
195. [Wee v. De Castro (G.R. No. 176405, August 20, 2008; supra)]
196. Santiago v. De Los Santos (61 SCRA 146)
197. [Public Hearing Committee of the Laguna Lake Development Authority, et
198. al. v. SM Prime Holdings, Inc. (G.R. No. 170599, September 22, 2010)]
199. [Suplico v. Neda (G.R. No. 178830, July 14 2008)]
200. [Gochan v. Gochan (G.R. No. 146089, December 13, 2001)]
201. Goho v. Goyala (supra)
202. Reillo v. San Jose (G.R. No. 166393, June 18, 2009)
203. Jonathan Landoil Intl. v. Mangudadatu (G.R. No.155010, Aug. 16, 2004)
204. Paredes v. Verano (G.R. No.164375, Oct 12, 2006)
205. Agulto v. Tecson (G.R. No. 145276, November 29, 2005)
206. [Ramos v. Sps. Alvendia, et al. (G.R. No. 176706, October 8, 2008)]
207. Sps. Yu v. Magno Construction (G.R. No.138701-02, October 17,2006)
208. Espinoza v. United Overseas Bank (G.R. No. 175380, March 22,2010)
209. Angara v. Fedman Devt. Corp. (G.R. No.156822, Oct 18, 2004)
210. Holiday Inn v. Sandiganbayan (186 SCRA 447)
211. Ordoez v. Gustilo (182 SCRA 469)
212. Uy v. First Metro (G.R. No.167245, Sep. 27, 2006)
213. Jonathan Landoil v. Mangadadatu (supra, PART VI, L)
214. PBP v. CA (G.R. No. 110495, January 29, 1998)
215. Allied Agri-Business v. CA (G.R. No. 118438, December 4, 1998)
216. Yu v. CA (G.R. No. 154115, June 28, 2006)
217. Republic v. Sandiganbayan (G.R. No. 152154, July 15, 2003)
218. Grand Farms v. CA (193 SCRA 748)
219. Cucueco v. CA (G.R. No. 139278, October 25, 2004)
220. Bitanga v. Pyramid Construction Engineering Corporation (G.R.
221. No. 173526, August 28, 2008)
222. D.M. Consunji v. Duvaz (G.R. No. 155174, August 4, 2009)
223. [BPI v. Yu (G.R. No. 184122, January 20, 2010)]
224. Northwest Airlines G.R. No. 120334, January 20, 1998)
225. Choa v. Choa (G.R. No. 143376, November 26, 2002)
226. [Sps. Pudadera v. Magallanes, G.R. No. 170073, October 18,2010)]
227. Romero v. CA (G.R. No. 142406, May 16, 2005)
228. Macias v. Macias (G.R. No. 149617, September 3, 2003)
229. Velarde v. SJS (G.R. No. 159357, April 28, 2004)
230. Lee Bun Ting v. Aligaen (supra, Part VI, I)
231. Oropesa v. Allied Bank (G.R. No. 129788, December 3, 2002)
232. Nabus v. CA (193 SCRA 732)
233. Buan v. Lopez (145 SCRA 34)
234. Buazon v. CA (220 SCRA 182)
235. Ali-Bondagjy v. Artadi (G.R. No. 170406, August 11, 2008)
236. Tumbokon v. Legaspi (G.R. No. 153736, August 4, 2010)
237. [Sps. Antonio v. Vda. De Monje (G.R. No. 149624, September 29, 2010)]
238. [San Diego v. CA (G.R. No. 159230, October 18, 2010)]
239. [Chavez v. CA (G.R. No. 159411, March 18, 2005)]
240. Heirs of Divinagracia v. Ruiz (G.R. No. 165582, July 9, 2010)
241. Villeza v. German Management (G.R. No. 182937, August 8, 2010
242. Bausa v. Heirs of Dino (G.R. No. 167281, August 28, 2008)
243. La Campana Development v. Ledesma (G.R. No. 154152, August 25, 2010)
244. Briones-Vasquez v. CA (G.R. No. 144882, February 4, 2005)
245. Chinabank v. Ordinario (G.R. No. 121943, March 24, 2003)
246. Perla Compania v. Ramolete (G.R. No. L-60887, November 13,1991)
247. Heirs of Pidacan v. Air Transportation Office (G.R. No. 186192,
248. August 25, 2010
249. [Diesel Construction v. Jollibee (G.R. No. 136805, January 28,2000)]
250. [BPI v. Roxas (G.R. No. 157833, October 15, 2007)]
251. [Villarin v. Munasque (G.R. No. 169444, September 17, 2008)]
252. Cansino v. CA (G.R. No. 125799, August 21, 2003)
253. PAL v. Salcedo (G.R. No. L-22119, September 29, 1967)
254. People v. Amparado (G.R. No. L-48656, December 21, 1987)
255. Helmuth, Jr. v. People (G.R. No. 57058, March 15, 1982)
256. People v. Del Mundo (G.R. Nos. 119964-69, September 20, 1996)
257. Cuenca v. People (G.R. No. 109870, December 1, 1995)
258. Cerezo v. Tuazon (supra, Part VI, D)
259. Agan v. Nueva (G.R. No. 155018, December 11, 2003)
260. Legarda v. CA 195 SCRA 418; G.R. No. 94457, October 16, 1997)
261. Fukuzumi v. Sanritsu (G.R. No. 140630, August 12, 2004)
262. Redea v. CA (G.R. No. 146611, February 6, 2007)
263. Heirs of Poe v. Malayan (G.R. 156302, April 7, 2009)
264. Diesel v. Jolibee (supra, above)
265. GSIS v. Phil. Village Hotel (G.R. No. 150922, September 21, 17, 2004)
266. Palma v. Galvez (G.R. No. 165273, March 10, 2010)
267. CHED v. Dasig (G.R. No. 172776, December 17, 2008)
268. Wee v. Galvez (supra, Part VI, F, 5)
269. Maramag v. Maramag (supra, Part V, I)
270. Lazaro v. Rural Bank (G.R. No. 139895, August 15, 2003)
271. Tolentino v. Leviste (G.R. No. 156118, November 19, 2004)
272. Tible & Tible Company, Inc. et al. v. Royal Savings and Loan
273. Almelor v. RTC Las Pinas (G.R. No. 179620, August 26, 2008)
274. Cucueco v. CA (supra, Part VI, M, 3, e)
275. Mabanag v. Gallemore (G.R. No. L-825, July 20, 1948; 81 Phil. 254)
276. Cuartero v. CA (G.R. No. 102448, August 5, 1992)
277. Foundation Specialists v. Betonval Ready Concrete (G.R. No. 170674,
278. August 24, 2009)
279. Republic v. Migrino (189 SCRA 289)
280. International Container v. CA (214 SCRA 456); Rule 16.6
281. Benguet v. CA (G.R. No. 153571, September 18, 2003)
282. Dungog v. CA (G.R. No. 139767, August 5, 2003)
283. Traders Royal Bank v. IAC (G.R. No. 66321, October 31, 1984)
284. China Banking Corporation v. Co (G.R. No. 174569, September 17, 2008)
285. Lim v. BPI Agricultural Development Bank (G.R. No. 179230, March 9, 2010)
286. Talag v. CA (189 SCRA 801)
287. Sapugay v. CA (G.R. No. 86792, March 21, 1990)
288. Velarde v. SJS (supra, Part VI, N, 2)
289. PDIC v. CA (G.R. No. 126911, April 30, 2003)
290. Ferrer v. Roco (G.R. No. 174129, July 5, 2010)
291. Tano v. Socrates (G.R. No. 110249, August 21, 1997)
292. Calagui v. CA (G.R. No. 47518, June 18, 1990, 186 SCRA 564)
293. Republic v. CA (G.R. No. 129846, January 18, 2000)
294. Siena Realty Corp. v. Gal-lang (G.R. No. 145169, May 13, 2004)
295. Tesorero v. Mathay (185 SCRA 124)
296. Wee v. Galvez (supra, Part VI, F, 5)
297. Dungog v. CA (supra, Part VI, U, 2)
298. Badua v. Cordillera Bodong (G.R. No. 92649, February 14, 1991, 194
SCRA101)
299. Ad Hoc Fact-Finding Committee v. Desierto (G.R. No. 135703, April 15, 2009)
300. [Republic v. Sandiganbayan, G.R. No. 159275, August 25, 2010)]
301. Manila Prince Hotel v. GSIS (G.R. No. 122156, February 3, 1997)
302. Francisco v. Fernando (G.R. No. 166501, November 16, 2006)
303. PALEA v. PAL (G.R. No. 31396, January 30, 1982)
304. United Housing v. Dayrit (G.R. No. 76422, January 22, 1990)
305. Vital-Gozon v. CA (G.R. No. 101428, August 5, 1992)
306. Municipality of Makati v. CA (G.R. No. 89898-99, October 1, 1990)
307. Systems Plus v. Local Government (G.R. No. 14638, August 7, 2003)
308. MMDA v. Concerned Residents of Manila Bay (G.R. Nos. 171947-48,
December 18, 2008)
309. Eng v. Lee (G.R. No. 176831, January 15, 2010)
310. Moro v. Del Castillo (G.R. No. 184980, March 30, 2011)
311. [Villanueva v. Rosqueta (G.R. No. 180764, January 19, 2010)]
312. NAPOCOR v. CA (G.R. No. 106804, August 12, 2004)
313. Bardillon v. Bgy. Masili (G.R. No. 146886, April 30, 2003)
314. NPC v. Gutierrez (193 SCRA 1)
315. Ansaldo v. Tantuico (188 SCRA 300)
316. [Mactan-Cebu International Airport Authority v. Lozada (G.R. No. 176625,
February 25, 2010)]
317. Rosales v. Alfonso (G.R. No. 137792, August 12, 2003)
318. Lacap v. Lee (G.R. No. 142131, December 11, 2002)
319. Santos v. National Statistics Office (G.R. No. 171129, April 06, 2011)
320. Macasaet v. Macasaet (G.R. No. 154391-92, September 30, 2004)
321. Alcaraz v. Tangga-an (G.R. No. 128568, April 9, 2003)
322. Laurora v. Sterling (G.R. No. 146815, April 9, 2003)
323. Jakihaca v. Aquino (181 SCRA 67)
324. Benitez v. CA (G.R. No. 104828, January 16, 1997)
325. Igot v. Meralco
326. Land Bank v. Listana (G.R. No. 152611, August 5, 2003)
327. Regalado v. Go (G.R. No. 167988, February 6, 2007)
328. Berba v. Pablo (G.R. No.160032, Nov. 11, 2005)
329. Pascual v. Pascual (G.R. No. 157830, Nov. 17, 2005)
330. Sec. of National Defense v. Manalo (G.R. (G.R. No. 180906, October 7,
212008)
331. Tapuz v. Hon. Judge del Rosario (G.R. No. 182484, June 17, 2008)
332. [Rubrico v. Macapagal-Arroyo (G.R. No. 183871, February 18, 2010)]
333. [So v. Tacla, Jr., G.R. No. 190108, 190473, October 19, 2010)]

JUDICIAL POWER

Article VIII:

Section 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

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.

Rule 63:

Section 1. Who may file petition. Any person interested under a deed, will,
contract or other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other governmental regulation
may, before breach or violation thereof bring an action in the appropriate
Regional Trial Court to determine any question of construction or validity
arising, and for a declaration of his rights or duties, thereunder. (Bar Matter
No. 803, 17 February 1998)

An action for the reformation of an instrument, to quiet title to real property or


remove clouds therefrom, or to consolidate ownership under Article 1607 of
the Civil Code, may be brought under this Rule. (1a, R64)

Article VII:

Section 4. The President and the Vice-President shall be elected by direct


vote of the people for a term of six years which shall begin at noon on the
thirtieth day of June next following the day of the election and shall end at
noon of the same date, six years thereafter. The President shall not be eligible
for any re-election. No person who has succeeded as President and has
served as such for more than four years shall be qualified for election to the
same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected.

Unless otherwise provided by law, the regular election for President and Vice-
President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified
by the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty
days after the day of the election, open all the certificates in the presence of
the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes, one
of them shall forthwith be chosen by the vote of a majority of all the Members
of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.

Article VII:

Section 18. The President shall be the Commander-in-Chief of all armed


forces of the Philippines and whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety requires it,
he may, for a period not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall
not be set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without
need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any


citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within thirty days from its
filing.

A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only
to persons judicially charged for rebellion or offenses inherent in, or directly
connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three days,
otherwise he shall be released.

Civil Code:

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only


when they are not contrary to the laws or the Constitution. (5a)

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution


shall form a part of the legal system of the Philippines. (n)

Art. 9. No judge or court shall decline to render judgment by reason of the


silence, obscurity or insufficiency of the laws. (6)

Article VIII:

Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the


security of tenure of its Members.
Rule 56:

Section 3. Mode of appeal. An appeal to the Supreme Court may be taken


only by a petition for review on certiorari, except in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment. (n)

Article VI:

Section 30. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and
concurrence.

PRESCRIBED JURISDICTION

Rule 9:

Section 1. Defenses and objections not pleaded. Defenses and objections


not pleaded either in a motion to dismiss or in the answer are deemed waived.
However, when it appears from the pleadings or the evidence on record that
the court has no jurisdiction over the subject matter, that there is 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. (2a)

Civil Code:

Art. 2035. No compromise upon the following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts;

(6) Future legitime. (1814a)

R.A. 7691:

Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.

SPECIFIC JURISDICTION OF COURTS

Supreme Court

Article VIII:

Section 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the


security of tenure of its Members.

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.

Article IX-A:

Section 7. Each Commission shall decide by a majority vote of all its


Members, any case or matter brought before it within sixty days from the date
of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.

B.P. 129:

Section 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 judgements of


Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions,


orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, 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 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.)

Rule 43:

Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to


the Court of Appeals

Section 1. Scope. This Rule shall apply to appeals from judgments or final
orders of the Court of Tax Appeals and from awards, judgments, final orders
or resolutions of or authorized by any quasi-judicial agency in the exercise of
its quasi-judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities and Exchange
Commission, Office of the President, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government
Service Insurance System, Employees Compensation Commission,
Agricultural Invention Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law. (n)

Section 2. Cases not covered. This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines. (n)

Section 3. Where to appeal. An appeal under this Rule may be taken to


the Court of Appeals within the period and in the manner herein provided,
whether the appeal involves questions of fact, of law, or mixed questions of
fact and law. (n)

Section 4. Period of appeal. The appeal shall be taken within fifteen (15)
days from notice of the award, judgment, final order or resolution, or from the
date of its last publication, if publication is required by law for its effectivity, or
of the denial of petitioner's motion for new trial or reconsideration duly filed in
accordance with the governing law of the court or agency a quo. Only one (1)
motion for reconsideration shall be allowed. Upon proper motion and the
payment of the full amount of the docket fee before the expiration of the
reglementary period, the Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition for review. No further
extension shall be granted except for the most compelling reason and in no
case to exceed fifteen (15) days. (n)

Section 5. How appeal taken. Appeal shall be taken by filing a verified


petition for review in seven (7) legible copies with the Court of Appeals, with
proof of service of a copy thereof on the adverse party and on the court or
agency a quo. The original copy of the petition intended for the Court of
Appeals shall be indicated as such by the petitioner.
Upon the filing of the petition, the petitioner shall pay to the clerk of court of
the Court of Appeals the docketing and other lawful fees and deposit the sum
of P500.00 for costs. Exemption from payment of docketing and other lawful
fees and the deposit for costs may be granted by the Court of Appeals upon a
verified motion setting forth valid grounds therefor. If the Court of Appeals
denies the motion, the petitioner shall pay the docketing and other lawful fees
and deposit for costs within fifteen (15) days from notice of the denial. (n)

Section 6. Contents of the petition. The petition for review shall (a) state
the full names of the parties to the case, without impleading the court or
agencies either as petitioners or respondents; (b) contain a concise statement
of the facts and issues involved and the grounds relied upon for the review;
(c) be accompanied by a clearly legible duplicate original or a certified true
copy of the award, judgment, final order or resolution appealed from, together
with certified true copies of such material portions of the record referred to
therein and other supporting papers; and (d) contain a sworn certification
against forum shopping as provided in the last paragraph of section 2, Rule
42. The petition shall state the specific material dates showing that it was filed
within the period fixed herein. (2a)

Section 7. Effect of failure to comply with requirements. The failure of the


petitioner to comply with any of the foregoing requirements regarding the
payment of the docket and other lawful fees, the deposit for costs, proof of
service of the petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the dismissal thereof. (n)

Section 8. Action on the petition. The Court of Appeals may require the
respondent to file a comment on the petition not a motion to dismiss, within
ten (10) days from notice, or dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration. (6a)

Section 9. Contents of comment. The comment shall be filed within ten


(10) days from notice in seven (7) legible copies and accompanied by clearly
legible certified true copies of such material portions of the record referred to
therein together with other supporting papers. The comment shall (a) point out
insufficiencies or inaccuracies in petitioner's statement of facts and issues;
and (b) state the reasons why the petition should be denied or dismissed. A
copy thereof shall be served on the petitioner, and proof of such service shall
be filed with the Court of Appeals. (9a)

Section 10. Due course. If upon the filing of the comment or such other
pleadings or documents as may be required or allowed by the Court of
Appeals or upon the expiration of the period for the filing thereof, and on the
records the Court of Appeals finds prima facie that the court or agency
concerned has committed errors of fact or law that would warrant reversal or
modification of the award, judgment, final order or resolution sought to be
reviewed, it may give due course to the petition; otherwise, it shall dismiss the
same. The findings of fact of the court or agency concerned, when supported
by substantial evidence, shall be binding on the Court of Appeals. (n)
Section 11. Transmittal of record. Within fifteen (15) days from notice that
the petition has been given due course, the Court of Appeals may require the
court or agency concerned to transmit the original or a legible certified true
copy of the entire record of the proceeding under review. The record to be
transmitted may be abridged by agreement of all parties to the proceeding.
The Court of Appeals may require or permit subsequent correction of or
addition to the record. (8a)

Section 12. Effect of appeal. The appeal shall not stay the award,
judgment, final order or resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it may deem just. (10a)

Section 13. Submission for decision. If the petition is given due course, the
Court of Appeals may set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days from notice. The case
shall be deemed submitted for decision upon the filing of the last pleading or
memorandum required by these Rules or by the court of Appeals. (n)

PD 1606 (unamended):

Section 7. Form, finality and enforcement of decisions. Decisions and final


orders of the Sandiganbayan shall contain complete findings of facts on all
issues properly raised before it.

A petition for reconsideration of any final order or decision maybe filed within
(15) days from promulgation or notice of the final order or judgment, and such
petition for reconsideration shall be decided within thirty (30) days from
submission thereon.

Decisions and final orders shall be subject to review on certiorari by the


Supreme Court in accordance with Rule 45 of the Rules of Court. The
Supreme Court shall decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any case
decided, the death penalty shall have been imposed, the records shall be
forwarded to the Supreme Court, whether the accused shall have appealed or
not, for review and judgment, as law and justice shall dictate.

Final judgments and orders of the Sandiganbayan shall be executed and


enforced in the manner provided by law.

PD 1606 (amended by R.A. 7975):

REPUBLIC ACT No. 7975

AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL


ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as amended by
Executive Order No. 184, is hereby further amended to read as follows:

"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five
(5) divisions of three justices each. The five (5) may sit at the same time.

"The first three divisions shall be stationed in the Metro Manila area, the fourth
division shall be in Cebu City for cases coming from the Visayas region, and
the fifth division shall be in Cagayan de Oro City for cases coming from the
Mindanao region.

"Three Justices shall constitute a quorum for sessions in divisions: Provided,


That when the required quorum for the particular division cannot be had due
to the legal disqualification or temporary disability of a Justice or of a vacancy
occurring therein, the Presiding Justice may designate an Associate Justice of
the Court, to be determined by strict rotation on the basis of the reverse order
of precedence, to sit as a special member of said division with all the rights
and prerogatives of a regular member of said division in the trial and
determination of a case or cases assigned thereto, unless the operation of the
court will be prejudiced thereby, in which case, the President shall, upon the
recommendation of the Presiding Justice, designate any Justice or Justices of
the Court of Appeals to sit temporarily therein."

Section 2. Section 4 of the same Decree is hereby further amended to read


as follows:

"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in


all cases involving:

"a. Violations of Republic Act No. 3019, as amended, otherwise known


as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII of the Revised Penal Code, where
one or more of the principal accused are officials occupying the
following positions in the government, whether in permanent, acting or
interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of


regional director and higher, otherwise classified as grade 27
and higher, of the Compensation and Position Classification Act
of 1989 (Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the


sangguniang panlalawigan, and provincial treasurers,
assessors, engineers, and other provincial department
heads;

"(b) City mayors, vice-mayors, members of the


sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
"(c) Officials of the diplomatic service occupying the
position of consul and higher;

"(d) Philippine army and air force colonels, naval


captains, and all officers of higher rank;

"(e) PNP chief superintendent and PNP officers of higher


rank;

"(f) City and provincial prosecutors and their assistants,


and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of


government-owned or controlled corporations, state
universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as


Grade "27" and up under the Compensation and Position
Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions


of the Constitution;

"(4) Chairmen and members of Constitutional Commissions,


without prejudice to the provisions of the Constitution; and

"(5) All other national and local officials classified as Grade "27"
and higher under the Compensation and Position Classification
Act of 1989;

"b. Other offenses or felonies committed by the public officials and


employees mentioned in subsection (a) of this section in relation to
their office.

"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A.

"In cases where none of the principal accused are occupying positions
corresponding to salary grade "27" or higher, as prescribed in the said
Republic Act No. 6758, or PNP officers occupying the rank of superintendent
or higher, or their equivalent, exclusive jurisdiction thereof shall be vested in
the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, and Municipal Circuit Trial Court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Blg. 129.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals


from the final judgments, resolutions or orders of regular courts where all the
accused are occupying positions lower than salary grade "27", or not
otherwise covered by the preceding enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions
for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunction, and other ancillary writs and processes in aid of its
appellate jurisdiction: Provided, That the jurisdiction over these petitions shall
not be exclusive of the Supreme Court.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the


implementing rules that the Supreme Court has promulgated and may
hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the office of the Ombudsman, through
its special prosecutor, shall represent the people of the Philippines except in
cases filed pursuant to Executive Orders Nos. 1, 2, 14 and 14-A.

"In case private individuals are charged as co-principals, accomplices or


accessories with the public officers or employees, including those employed in
government-owned or controlled corporations, they shall be tried jointly with
said public officers and employees in the proper courts which shall exercise
exclusive jurisdiction over them.

"Any provision of law or Rules of Court to the contrary notwithstanding, the


criminal action and the corresponding civil action for the recovery of civil
liability arising from the offense charged shall at all times be simultaneously
instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the criminal action shall
be recognized: Provided, however, That where the civil action had heretofore
been filed separately but judgment therein has not yet been rendered, and the
criminal case is hereafter filed with the Sandiganbayan or the appropriate
court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall
be deemed abandoned."

Section 3. Section 7 of the same decree is hereby amended to read as


follows:

"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandiganbayan shall contain complete findings of the facts
and the law on which they are based, on all issues properly raised before it
and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within
fifteen (15) days from promulgation or notice of the final order or judgment,
and such motion for reconsideration shall be decided within thirty (30) days
from submission thereon.
"Decisions and final orders of the Sandiganbayan shall be appealable to the
Supreme Court by petition for review on certiorari raising pure questions of
law in accordance with Rule 45 of the Rules of Court. Whenever, in any case
decided by the Sandiganbayan, the penalty of reclusion perpetua or higher is
imposed, the decision shall be appealable to the Supreme Court in the
manner prescribed in the Rules of Court. In case the penalty imposed is
death, review by the Supreme Court shall be automatic, whether or not the
accused filed an appeal.

"Judgments and orders of the Sandiganbayan shall be executed and enforced


in the manner provided by law.

"Decisions and final orders of other courts, in cases cognizable by said courts
under this Act shall be appealable to the Sandiganbayan within fifteen (15)
days from promulgation or notice to the parties."

Section 4. Section 9 of the same Decree is hereby amended to read as


follows:

"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the


Supreme Court shall apply to all cases and proceedings filed with the
Sandiganbayan. The Sandiganbayan shall have no power to promulgate its
own rules of procedure, except to adopt internal rules governing the allotment
of cases among the divisions, the rotation of justices among them, and other
matters relating to the internal operations of the court which shall be inforced
until repealed or modified by the Supreme Court."

Section 5. Section 10 of the same Decree is hereby repealed.

Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders
Nos. 101 and 184 and all other laws, decrees, orders and rules of which are
inconsistent therewith are hereby repealed or modified accordingly.

Section 7. Upon the effectivity of this Act, all criminal cases in which trial has
not begun in the Sandiganbayan shall be referred to the proper courts.

Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

Approved: 30 March 1995

PD 1606 (amended by R.A. 8249):

Republic of the Philippines


Congress of the Philippines
Metro Manila
Tenth Congress

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand seven.

Republic Act No. 8249 February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE


SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL
DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines


in Congress assembled::

Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606,


as amended, is hereby further amended to read as follows:

"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure;


Removal and Compensation. - A special court, of the same level as the
Court of Appeals and possessing all the inherent powers of a court
ofjustice, to be known as the Sandiganbayan is hereby created
composed of a presiding justice and fourteen associate justices who
shall be appointed by the President."

Section 2. Section 2 of the same decree is hereby further amended to read


as follows:

"SECTION 2. Official Station; Place of Holding Sessions. - The


Sandiganbayan shall have its principal office in the Metro Manila area
and shall hold sessions thereat for the trial and determination of cases
filed with it: Provided, however, That cases originating from the
principal geographical regions of the country, that is, from Luzon,
Visayas or Mindanao, shall be heard in their respective regions of
origin except only when the greater convenience of the accused and of
the witnesses, or other compelling considerations require the contrary,
in which instance a case originating from one geographical region may
be heard in another geographical region: Provided, further, That for this
purpose the presiding justice shall authorize any divisions of the court
to hold sessions at any time and place outside Metro Manila and,
where the interest of justice so requires, outside the territorial
boundaries of the Philippines. The Sandiganbayan may require the
services of the personnel and the use of facilities of the courts or other
government offices where any of the divisions is holding sessions and
the personnel of such courts or offices shall be subject to the orders of
the Sandiganbayan."

Section 3. The second paragraph of Section 3 of the same decree is hereby


deleted.
Section 4. Section 4 of the same decree is hereby further amended to read
as follows:

"a. Violations of Republic Act No. 3019, as amended, otherwise known


as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code,
where one or more of the accused are officials occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of


regional director and higher, otherwise classified as Grade '27'
and higher, of the Compensation and Position Classification Act
of 1989 (Republic Act No. 6758), specifically including:

"(a) Provincial governors, vice-governors, members of the


sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department
heads;

"(b) City mayors, vice-mayors, members of the


sangguniang panlungsod, city treasurers, assessors
engineers and other city department heads;

"(c) Officials of the diplomatic service occupying the


position of consul and higher;

"(d) Philippine army and air force colonels, naval


captains, and all officers of higher rank;

"(e) Officers of the Philippine National Police while


occupying the position of provincial director and those
holding the rank of senior superintendent or higher;

"(f) City and provincial prosecutors and their assistants,


and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of


government-owned or -controlled corporations, state
universities or educational institutions or foundations;

"(2) Members of Congress and officials thereof classified as


Grade'27'and up under the Compensation and Position
Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions


of the Constitution;
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and

"(5) All other national and local officials classified as


Grade'27'and higher under the Compensation and Position
Classification Act of 1989.

"b. Other offenses orfelonies whether simple or complexed with other


crimes committed by the public officials and employees mentioned in
subsection a of this section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

"In cases where none of the accused are occupying positions


corresponding to salary grade '27' or higher, as prescribed in the said
Republic Act No. 6758, or military or PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court, municipal trial court and
municipal circuit trial court ' as the case may be, pursuant to their
respective jurisdiction as provided in Batas Pambansa Blg. 129, as
amended.

"The Sandiganbayan shall exercise exclusive appellate jurisdiction


over final judgments, resolutions or orders or regional trial courts
whether in the exercise of their own original jurisdiction orof their
appellate jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over


petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise in cases filed
or which may be filed under Executive Order Nos. 1,2,14 and 14-A,
issued in 1986: Provided, That the jurisdiction over these petitions shall
not be exclusive of the Supreme Court.

The procedure prescribed in Batas Pambansa Blg. 129, as well as the


implementing rules that the Supreme Court has promulgated and may
hereafter promulgate, relative to appeals/petitions for review to the
Court of Appeals, shall apply to appeals and petitions for review filed
with the Sandiganbayan. In all cases elevated to the Sandiganbayan
and from the Sandiganbayan to the Supreme Court, the Office of the
Ombudsman, through its special prosecutor, shall represent the People
of the Philippines, except in cases filed pursuant to Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.

"In case private individuals are charged as co-principals, accomplices


or accessories with the public officers or employees, including those
employed in govemment-owned or controlled corporations, they shall
be tried jointly with said public officers and employees in the proper
courts which shall exercise exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary


notwithstanding, the criminal action and the corresponding civil action
for the recovery of civil liability shall at all times be simultaneously
instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filing of such civil action separately
from the criminal action shall be recognized: Provided, however, That
where the civil action had therefore been filed separately but judgment
therein has not yet been rendered, and the criminal case is hereafter
filed with the Sandiganbayan or the appropriate court, said civil action
shall be transferred to the Sandiganbayan or the appropriate court, as
the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed
abandoned."

Section 5. Section 7 of the same decree is hereby further amended to read


as follows:

'SECTION 7. Form, Finality and Enforcement of Decisions. - All


decisions and final orders determining the merits of a case or finally
disposing of the action or proceedings of the Sandijanbayan shall
contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in deciding
the case.

"A petition for reconsideration of any final order or decision may be


filed within fifteen (15) days from promulgation or notice of the final
order on judgment, and such motion for reconsideration shall be
decided within thirty (30) days from submission thereon.

"Decisions and final orders ofthe Sandiganbyan shall be appealable to


the Supreme Court by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the Sandiganbayan, the penalty of
reclusion perpetua, life imprisonment or death is imposed, the decision
shall be appealable to the Supreme Court in the manner prescribed in
the Rules of Court.

"Judgments and orders of the Sandiganbayan shall be executed and


enforced in the manner provided by law.

"Decisions and final orders of other courts in cases cognizable by said


courts under this decree as well as those rendered by them in the
exercise of their appellate jurisdiction shall be appealable to, or be
reviewable by, the Sandiganbayan in the manner provided by Rule 122
of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or the
regional trial court in the proper exercise of their respective
jurisdictions, is death, review by the Supreme Court shall be automatic,
whether or not accused files an appeal."

Section 6. Appropriations. - The amount necessary to carry out the initial


implementation of this Act shall be charged against the current fiscal year
appropriations of the Sandiganbayan. Thereafter, such sums as may be
needed for its continued implementation shall be included in the annual
General Appropriations Act.

Section 7. Transitory Provision. - This Act shall apply to all cases pending
in any court over which trial has not begun as of the approval hereof

Section 8. Separability of Provisions. - If for any reason any provision of


this Act is declared unconstitutional or invalid, such parts or portions not
affected thereby shall remain in full force and effect.

Section 9. Repealing Clause. - All acts, decrees, general orders and


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

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Court of Appeals

B.P. 129:

Section 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 judgements of


Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions,


orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, 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 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.)

Article VIII, Sec. 5:

(e) All cases in which only an error or question of law is involved.

Rule 43:

Section 1. Scope. This Rule shall apply to appeals from judgments or final
orders of the Court of Tax Appeals and from awards, judgments, final orders
or resolutions of or authorized by any quasi-judicial agency in the exercise of
its quasi-judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities and Exchange
Commission, Office of the President, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government
Service Insurance System, Employees Compensation Commission,
Agricultural Invention Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law. (n)

Section 2. Cases not covered. This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines. (n)

PD 442 (Labor Code) amended by R.A. 6715:

(see Labor Code)

SC Resol. A.M. No. 99-2-01:

A.M. No. 99-2-01-SC February 9, 1999

IN RE: DISMISSAL OF SPECIAL CIVIL ACTIONS IN NLRC CASES

In light of the decision in St. Martin Funeral Homes v. NLRC (G.R. No.
130866, 16 September 1998), all special civil actions arising out of any
decision or final resolution or order of the National Labor Relations
Commission filed with the Court after 01 June 1999 shall no longer be
referred to the Court of Appeals, but shall forthwith be DISMISSED.

Let this resolution be published in two newspaper of general circulation in the


Philippines and copies thereof furnished the Integrated Bar of the Philippines
and the National Labor Relations Commission.
Promulgated this 9th day of February 1999.

SC A.M. 7-7-12:

A.M. No. 07-7-12-SC

AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT


RESOLUTION

Acting on the recommendation of the Chairperson and Members of the


Subcommittee on the Revision of Rule 65 submitting for this Courts
consideration and approval the proposed amendments to Rules 41, 45, 58
and 65 of the Rules of Court, the Court Resolved to APPROVE the same.

This Resolution shall take effect on December 27. 2007 following its
publication in a newspaper of general circulation.

December 4, 2007.

AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT

RULE 41

SECTION 1. Subject of appeal. An appeal may be taken from a judgment or


final order that completely disposes of the case, or of a particular matter
therein when declared by these Rules to be appealable.

No appeal may be taken from:

(a) An order denying a petition for relief or any similar motion seeking relief
from judgment;

(b) An interlocutory order;

(c) An order disallowing or dismissing an appeal;

(d) An order denying a motion to set aside a judgment by consent, confession


or compromise on the ground of fraud, mistake or duress, or any other ground
vitiating consent;

(e) An order of execution;

(f) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while
the main case is pending, unless the court allows an appeal therefrom; and

(g) An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an


appropriate special civil action as provided in Rule 65.
RULE 45

SECTION 1. Filing of petition with Supreme Court. ! A party desiring to


appeal by certiorari from a judgment, final order or resolution of the Court of
Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial
Court or other courts, whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional remedies
and shall raise only questions of law, which must be distinctly set forth. The
petitioner may seek the same provisional remedies by verified motion filed in
the same action or proceeding at any time during its pendency.

RULE 58

SEC. 5. Preliminary injunction not granted without notice; exception. ! No


preliminary injunction shall be granted without hearing and prior notice to the
party or persons sought to be enjoined. If it shall appear from facts shown by
affidavits or by the verified application that great or irreparable injury would
result to the applicant before the matter can be heard on notice, the court to
which the application for preliminary injunction was made, may issue ex parte
a temporary restraining order to be effective only for a period of twenty (20)
days from service on the party or person sought to be enjoined, except as
herein provided. Within the twenty-day period, the court must order said party
or person to show cause at a specified time and place, why the injunction
should not be granted. The court shall also determine, within the same period,
whether or not the preliminary injunction shall be granted, and accordingly
issue the corresponding order.

However, subject to the provisions of the preceding sections, if the matter is of


extreme urgency and the applicant will suffer grave injustice and irreparable
injury, the executive judge of a multiple-sala court or the presiding judge of a
single-sala court may issue ex parte a temporary restraining order effective for
only seventy-two (72) hours from issuance, but shall immediately comply with
the provisions of the next preceding section as to service of summons and the
documents to be served therewith. Thereafter, within the aforesaid seventy-
two (72) hours, the judge before whom the case is pending shall conduct a
summary hearing to determine whether the temporary restraining order shall
be extended until the application for preliminary injunction can be heard. In no
case shall the total period of effectivity of the temporary restraining order
exceed twenty (20) days, including the original seventy-two hours provided
herein.

In the event that the application for preliminary injunction is denied or not
resolved within the said period, the temporary restraining order is deemed
automatically vacated. The effectivity of a temporary restraining order is not
extendible without need of any judicial declaration to that effect, and no court
shall have authority to extend or renew the same on the same ground for
which it was issued.
However, if issued by the Court of Appeals or a member thereof, the
temporary restraining order shall be effective for sixty (60) days from service
on the party or person sought to be enjoined. A restraining order issued by the
Supreme Court or a member thereof shall be effective until further orders.

The trial court, the Court of Appeals, the Sandiganbyan or the Court of Tax
Appeals that issued a writ of preliminary injunction against a lower court,
board, officer, or quasi-judicial agency shall decide the main case or petition
within six (6) months from the issuance of the writ.

RULE 65

Sec. 4. When and where to file the petition. The petition shall be filed not later
than sixty (60) days from notice of the judgment, order or resolution. In case a
motion for reconsideration or new trial is timely filed, whether such motion is
required or not, the petition shall be filed not later than sixty (60) days counted
from the notice of the denial of the motion.

If the petition relates to an act or an omission of a municipal trial court or of a


corporation, a board, an officer or a person, it shall be filed with the Regional
Trial Court exercising jurisdiction over the territorial area as defined by the
Supreme Court. It may also be filed with the Court of Appeals or with the
Sandiganbayan, whether or not the same is in aid of the court appellate
jurisdiction. If the petition involves an act or an omission of a quasi-judicial
agency, unless otherwise provided by law or these rules, the petition shall be
filed with and be cognizable only by the Court of Appeals.

In election cases involving an act or an omission of a municipal or a regional


trial court, the petition shall be filed exclusively with the Commission on
Elections, in aid of its appellate jurisdiction.

Sec. 7. Expediting proceedings; injunctive relief. The court in which the


petition is filed may issue orders expediting the proceedings, and it may also
grant a temporary restraining order or a writ of preliminary injunction for the
preservation of the rights of the parties pending such proceedings. The
petition shall not interrupt the course of the principal case, unless a temporary
restraining order or a writ of preliminary injunction has been issued, enjoining
the public respondent from further proceeding with the case.

The public respondent shall proceed with the principal case within ten (10)
days from the filing of a petition for certiorari with a higher court or tribunal,
absent a temporary restraining order or a preliminary injunction, or upon its
expiration. Failure of the public respondent to proceed with the principal case
may be a ground for an administrative charge.

Sec. 8. Proceedings after comment is filed. ! After the comment or other


pleadings required by the court are filed, or the time for the filing thereof has
expired, the court may hear the case or require the parties to submit
memoranda. If, after such hearing or filing of memoranda or upon the
expiration of the period for filing, the court finds that the allegations of the
petition are true, it shall render judgment for such relief to which the petitioner
is entitled.

However, the court may dismiss the petition if it finds the same patently
without merit or prosecuted manifestly for delay, or if the questions raised
therein are too unsubstantial to require consideration. In such event, the court
may award in favor of the respondent treble costs solidarily against the
petitioner and counsel, in addition to subjecting counsel to administrative
sanctions under Rules 139 and 139-B of the Rules of Court.

The Court may impose motu proprio, based on res ipsa loquitur, other
disciplinary sanctions or measures on erring lawyers for patently dilatory and
unmeritorious petitions for certiorari.

Regional Trial Courts

B.P. 129:

Section 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);
(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 abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)
RA 7691:

Republic Act No. 7691 March 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. Section 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 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)."

Section 2. Section 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."

Section 3. Section 33 of the same law is hereby amended to read as follows:

"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 interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or
causes of actions 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 questions 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; and

"(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 in cases of land not
declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."

Section 4. Section 34 of the same law is hereby amended to read as follows:

"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 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."

Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).

Section 6. All laws, decrees, and orders inconsistent with the provisions of
this Act shall be considered amended or modified accordingly.

Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.

Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

Approved: March 25, 1994

B.P. 129:

Section 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.

Section 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.

Section 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.

Rule 1:

Section 4. In what case not applicable. These Rules shall not apply to
election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or in
a suppletory character and whenever practicable and convenient. (R143a)

Rule 143:

Applicability of the Rules

These rules shall not apply to land registration, cadastral and election cases,
naturalization and insolvency proceedings, and other cases not herein
provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.

SC Admin. Circular 09-94:

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL


COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTION
SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT


NO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
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."

For the guidance of the bench and the Bar, the following guidelines are to be
followed in the implementation of Republic Act No. 7691, entitled "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":

1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial


Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil
and original cases, and in cadastral and land registration cases, under
Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No.
7691. Was effective on April 15, 1994, fifteen (15) days after the
publication in the Malaya and in the Times Journal on March 30, 1994,
pursuant to Section 8 of the R.A. No. 7691.
2. The exclusion of the term "damages of whatever kind" in determining
the jurisdictional amount under Section 19 (8) and Section 33 (1) of
B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where
the damages are merely incidental to or a consequence of the main
cause of action. However, in cases where the claim for damages is the
main cause of action, or one of the causes of action, the amount of
such claim shall be considered in determining the jurisdiction of the
court.

3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal


Trial Courts, and Municipal Trial Courts under Section 32 (2) of B.P.
Blg. 129, as amended by R.A. No. 7691, has been increased to cover
offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of the fine. As a consequence, the Regional
Trial Courts have no more original jurisdiction over offenses committed
by public officers and employees in relation to their office, where the
offense is punishable by more than four (4) years and two (2) months
up to six (6) years.

4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A.


No. 7691, apply only to offenses punishable by imprisonment or fine, or
both, in which cases the amount of the fine is disregarded in
determining the jurisdiction of the court. However, in cases where the
only penalty provided by law is a fine, the amount thereof shall
determine the jurisdiction of the court in accordance with the original
provisions of Section 32 (2) of B.P. Blg. 129 which fixed original
exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts over offenses punishable
with a fine of not more than four thousand pesos. If the amount of the
fine exceeds four thousand pesos, the Regional Trial Court shall have
jurisdiction, including offenses committed by public officers and
employees in relation to their office, where the amount of the fine does
not exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to


property through criminal negligence which are under the exclusive
original jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts, irrespective of the amount of
the imposable fine.

Manila, June 14, 1994.

R.A. 7691:

Republic Act No. 7691 March 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. Section 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 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)."

Section 2. Section 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."

Section 3. Section 33 of the same law is hereby amended to read as follows:

"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 interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or
causes of actions 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 questions 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; and

"(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 in cases of land not
declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."

Section 4. Section 34 of the same law is hereby amended to read as follows:

"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 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."

Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).

Section 6. All laws, decrees, and orders inconsistent with the provisions of
this Act shall be considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.

Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.

Approved: March 25, 1994

SC Cir. No. 11-99:

TO: THE JUDGES AND CLERKS OF COURTS OF THE


REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS

SUBJECT: TRANSFER TO THE REGIONAL TRIAL COURTS


OF CASES FALLING WITHIN THE JURISDICTION OF THE
FAMILY COURTS FROM THE METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL
TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

For the information and guidance of all concerned, quoted hereunder is the
resolution of the Court En Banc dated February 9, 1999 in A.M. No. 99-1-13-
SC Re: Transfer to Regional Trial Courts of cases falling within the
jurisdiction of the family courts from the Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.

WHEREAS, Section 32 of the Judiciary Reorganization Act of 1980, as


amended by Republic Act No. 7691, provides, on the one hand, that the
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Trial Courts shall exercise exclusive original jurisdiction
over, among others, "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 . . .

WHEREAS, on the other hand, Section 5 of Republic Act No. 8369, otherwise
known as the Family Courts Act of 1997, provides that the Family Courts shall
have original jurisdiction to hear and decide the following cases, regardless of
the penalty imposable by law:
a) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of
age, or one or more of the victims is a minor at the time of the
commission of the offense.

xxx xxx xxx

h) Cases against minors cognizable under the Dangerous Act,


as amended; [and]

i) Violations of Republic Act No. 7610, otherwise known as the


"Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act," as amended by Republic Act No. 7658.

WHEREAS, pending the constitution and organization of the Family Courts


and the designation of branches of the Regional Trial Courts as Family Courts
in accordance with Section 17 (Transitory Provisions) of R.A. No. 8369, there
is need to provide guidelines in the hearing and determination of criminal
cases falling within the jurisdiction of Family Courts which have heretofore
been filed with first level courts.

NOW, THEREFORE, the Court has RESOLVED, as it hereby resolves, that


all criminal cases within the jurisdiction of the Family Courts filed with the first
level courts shall be transferred to the Regional Trial Courts which shall take
cognizance thereof as follows:

Sec. 1. Inventory of cases. All judges of Metropolitan Trial


Courts, Municipal Trial Courts in Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts shall cause (1) the taking of
an inventory within ten (10) days from receipt of a copy of this
issuance of all criminal cases falling within the jurisdiction of the
Family Courts filed with their respective courts; and (2) the
preparation of the appropriate inventory list. The list shall
indicate the case number and the status of each case
whether for pre-trial, trial or submitted for decision. A copy of the
list shall be submitted to the Court Management Office
(Attention: The Chief, Statistical Reports Division) of the Office
of the Court Administrator.

Sec. 2. Transfer of cases in provinces or cities with only a single


sala Regional Trial Court. Where the Regional Trial Court of
the province or city has a single sala, judges of the Municipal
Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts within the administrative area of the said
Regional Trial Court shall forward the listed cases, together with
the corresponding records, to the Regional Trial Court within five
(5) days from the completion of the inventory, except the cases
which have already been submitted for decision as of the
effectivity of this Resolution.
Sec. 3. Transfer of cases in provinces or cities with multiple sala
Regional Trial Court. Where the Regional Trial Court of the
province or city has two (2) or more branches, judges of the
Metropolitan Trial Courts, Municipal Trial Court in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts within
the administrative area of the said Regional Trial Court shall
submit the listed cases, together with the corresponding records,
except the cases which have already been submitted for
decision as of the effectivity of this Resolution, to the Executive
Judge of the Regional Trial Court. The said Executive Judge
shall then effect the distribution of the listed cases to the branch
or branches of the Regional Trial Court designated to handle
juvenile and domestic relations cases and cases involving
youthful offenders.

(a) In case only one (1) branch of the Regional


Trial Court has been designated to handle juvenile
and domestic relations cases and cases involving
youthful offenders, the Executive Judge shall
cause the transfer of the listed cases to the
Regional Trial Court branch so designated
immediately after receipt of the records.

(b) In cases (2) or more branches of the Regional


Court have been designated to handle the
aforementioned cases, the Executive Judge shall,
within ten (10) days from receipt of the records,
conduct the raffle, with notice to the parties, and
distribute the cases, together with the records to
the Regional Trial Court branches involved.

(c) In provinces or cities with multiple-sala


Regional Trial Court but no branch or branches
thereof have been designated to handle juvenile
and domestic relations cases or cases involving
youthful offenders, the Executive Judge shall
conduct the appropriate raffle and distribute the
said cases, together with the records, to the
branches of the Regional Trial Court within ten
(10) days from receipt of such records.

Sec. 4. Resolution of and decision on cases already submitted


for decision. Cases which have already been submitted for
decision before the effectivity of this Resolution in Metropolitan
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts in which they have
been filed and heard shall be resolved by such courts, as the
case may be.
Sec. 5. Publication and effectivity. This Resolution shall take
effect on 1 March 1999 and shall be published in two (2)
newspapers of general circulation in the Philippines before 15
February 1999.

Promulgated this 9th day of February, 1999.

Rule 47:

Annulment of Judgments of Final Orders and Resolutions

Section 1. Coverage. This Rule shall govern the annulment by the Court of
Appeals of judgments or final orders and resolutions in civil actions of
Regional Trial Courts for which the ordinary remedies of new trial, appeal,
petition for relief or other appropriate remedies are no longer available
through no fault of the petitioner. (n)

Section 2. Grounds for annulment. The annulment may be based only on


the grounds of extrinsic fraud and lack of jurisdiction.

Extrinsic fraud shall not be a valid ground if it was availed of, or could have
been availed of, in a motion for new trial or petition for relief. (n)

Section 3. Period for filing action. If based on extrinsic fraud, the action
must be filed within four (4) years from its discovery; and if based on lack of
jurisdiction, before it is barred by laches or estoppel. (n)

Section 4. Filing and contents of petition. The action shall be commenced


by filing a verified petition alleging therein with particularity the facts and the
law relied upon for annulment, as well as those supporting the petitioner's
good and substantial cause of action or defense, as the case may be.

The petition shall be filed in seven (7) clearly legible copies, together with
sufficient copies corresponding to the number of respondents. A certified true
copy of the judgment or final order or resolution shall be attached to the
original copy of the petition intended for the court and indicated as such by the
petitioner.

The petitioner shall also submit together with the petition affidavits of
witnesses or documents supporting the cause of action or defense and a
sworn certification that he has not theretofore commenced any other action
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or agency if there is such other
action or proceeding, he must state the status of the same, and if he should
thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different divisions thereof,
or any other tribunal or agency, he undertakes to promptly inform the
aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom. (n)
Section 5. Action by the court. Should the court find no substantial merit in
the petition, the same may be dismissed outright with specific reasons for
such dismissal.

Should prima facie merit be found in the petition, the same shall be given due
course and summons shall be served on the respondent. (n)

Section 6. Procedure. The procedure in ordinary civil cases shall be


observed. Should trial be necessary, the reception of the evidence may be
referred to a member of the court or a judge of a Regional Trial Court. (n)

Section 7. Effect of judgment. A judgment of annulment shall set aside the


questioned judgment or final order or resolution and render the same null and
void, without prejudice to the original action being refiled in the proper court.
However, where the judgment or final order or resolution is set aside on the
ground of extrinsic fraud, the court may on motion order the trial court to try
the case as if a timely motion for new trial had been granted therein. (n)

Section 8. Suspension prescriptive period. The prescriptive period for the


refiling of the aforesaid original action shall be deemed suspended from the
filing of such original action until the finality of the judgment of annulment.
However, the prescriptive period shall not be suspended where the extrinsic-
fraud is attributable to the plaintiff in the original action. (n)

Section 9. Relief available. The judgment of annulment may include the


award of damages, attorney's fees and other relief.
If the questioned judgment or final order or resolution had already been
executed the court may issue such orders of restitution or other relief as
justice and equity may warrant under the circumstances. (n)

Section 10. Annulment of judgments or final orders of Municipal Trial Courts.


An action to annul a judgment or final order of a Municipal Trial Court shall
be filed in the Regional Trial Court having jurisdiction over the former. It shall
be treated as an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this
Rule shall be applicable thereto. (n)

Metropolitan, Municipal, Municipal Circuit Trial Courts

Rule 5:

Section 2. Meaning of terms. The 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. (1a)

B.P. 129:

Section 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.

Section 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;
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; and
Two branches for Iligan City.

Section 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; and
Two branches each for Antipolo and Binangonan, both in Rizal.

Section 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.

A.O. 33:

P.D. 537:

PRESIDENTIAL DECREE No. 537 August 12, 1974

CONSTITUTING MUNICIPAL COURTS INTO MUNICIPAL CIRCUIT


COURTS

WHEREAS, there are at present 1,444 municipal courts exclusive of city


courts in the inferior courts level all over the country;

WHEREAS, a number of these municipal courts did not receive a single case
for investigation or trial during Fiscal Year 1971-1972 and a still much bigger
number received not more than 60 cases during the said period;
WHEREAS, these municipal courts may be constituted into municipal circuit
courts each comprising two or more municipalities without detriment to the
administration of justice;

WHEREAS, the constitution of municipal circuit courts will mean substantial


savings in public funds which can be profitably utilized for carrying out vital
projects of the national government.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the


Philippines, by virtue of the powers vested in me by the Constitution, do
hereby decree and order that municipal circuit courts be constituted and
organized out of the present municipal courts of the Land under and in
accordance with the following conditions and criteria:

1. The capital of a province shall not be grouped with any other


municipality except in the third, fourth, fifth, sixth and seventh class
provinces.

2. The municipalities to be constituted under a municipal circuit court


shall, as much as possible, be contiguous to each other.

3. The circuit judge shall have his official station in a municipality within
the circuit which shall be as centrally located and easily accessible as
possible from the other municipalities comprising the circuit.

4. The jurisdiction of municipal circuit courts of which the capital of a


province or sub-province is a part shall be the same as that of the
municipal courts of provincial capitals, while the jurisdiction of other
municipal circuit courts shall be the same as that of ordinary municipal
courts under existing law.

5. All cases arising within the circuit shall be tried at the official station
of the circuit judge; Provided, however, that whenever the number of
cases or the interest of the administration of justice requires it, the
Supreme Court may authorize the circuit judge to hold session outside
his official station but within the circuit.

6. The municipal circuit courts shall be courts of record. All proceedings


therein shall be recorded, and appeals from their judgments shall be
taken and prosecuted in accordance with the procedure prescribe
under existing law and rules.

7. The Supreme Court shall carry out the provisions of this decree
through implementing orders, on a province-to-province basis.

TRANSITORY PROVISIONS

1. Pending the issuance by the Supreme Court of the implementing


orders herein above authorized, the municipal courts shall continue to
function as presently constituted and organized.
2. The most senior in point of service in the judiciary among the
municipal judges of the municipalities constituted into a circuit court
shall be retained as municipal circuit judge, unless the Supreme Court,
in the interest of a better administration of justice, deems it necessary
to consider other factors. The judge who is retained shall, with the
approval of the Supreme Court, appoint a clerk of court, two
stenographers, a clerk-interpreter, and such other personnel as may be
provided by law, giving preference to the qualified personnel of the
municipal courts comprising the circuit.

For this purpose, the Chief Justice is hereby authorized, within the
limits of appropriations authorized for the Municipal Courts, to created
additional positions, to make changes in the assignment of personnel,
and to effect such reorganization as maybe necessary.

3. Upon the issuance of the implementing orders by the Supreme


Court, the municipal circuit courts constituted thereunder shall
commence to exist. The municipal courts organized into the circuit shall
be deemed automatically abolished, and the incumbent municipal
judges not designated to continue as circuit judges shall cease to hold
office.

4. Municipal judges and subordinate amployees who shall be


separated from office by reason of this decree shall be entitled, in
addition to the money value of their accumulated leave credits, a
gratuity equivalent to one month salary for every year of service
rendered but not exceeding twelve months on the basis of the highest
salary received, chargeable against savings in appropriations for the
courts; Provided, if said judges and employees are entitled to gratuity
or pension under any retirement law, they shall select either the
gratuity or pension under said retirement law or the gratuity provided
for in this decree.

5. All cases pending in the municipal courts constituted and organized


into a circuit shall be transferred to the proper municipal circuit court
and shall be tried and decided therein.

6. This decree shall not apply to city courts in chartered cities. If a


chartered city is reverted to a municipality, such municipality shall be
grouped with other municipalities constituted under a municipal circuit
court.

This Decree shall take effect immediately.

Done in the City of Manila, this 12th day of August, in the year of Our Lord,
nineteen hundred and seventy-four.

A.M. No. 08-8-7-SC:


THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

RESOLUTION

Pursuant to the action of the Court en banc in its session held on October 27,
2009, Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small
Claims Cases, including the attached Forms, are AMENDED to read as
follows:

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

THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16


OF THE RULES OF COURT, SHOULD BE PLEADED.

Section 12. Effect of Failure to File Response. - Should the defendant fail to
file his Response within the required period, AND LIKEWISE FAIL TO
APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL
RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY
THE FACTS.

SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE


REQUIRED PERIOD BUT APPEARS AT THE DATE SET FOR HEARING,
THE COURT SHALL ASCERTAIN WHAT DEFENSE HE HAS TO OFFER
AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON
THE SAME DAY AS IF A RESPONSE HAS BEEN FILED.

Section 14. Prohibited Pleadings and Motions. - The following pleadings,


motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) MOTION TO DISMISS THE COMPLAINT;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for


reopening of trial;

(d) Petition for relief from judgment;

(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 by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

Section 16. Appearance .- The parties shall appear at thedesignated date of


hearing personally.

APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A


VALID CAUSE. THE REPRESENTATIVE OF AN INDIVIDUAL-
PARTY MUST NOT BE A LAWYER, AND MUST BE RELATED TO
OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICAL
ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY
CAPACITY.

THE REPRESENTATIVE MUST BE authorized under a Special Power of


Attorney ( Form 5-SCC ) to enter into an amicable SETTLEMENT OF THE
DISPUTE and to enter into stipulations or admissions of facts and of
documentary exhibits.

Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS
TO BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIR
DISPUTE. Any settlement ( Form 7-SCC ) or resolution ( Form 8-SCC ) of the
dispute shall be reduced into writing, signed by the parties and submitted to
the court for approval ( Form 12-SCC ).

SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND


ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OF
SUCH DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT


FAIL, the hearing shall proceed in an informal and expenditious manner and
BE terminated within one (1) day. EITHER PARTY MAY MOVE IN WRITING
( FORM 10-SCC ) TO HAVE ANOTHER JUDGE HEAR AND DECIDE THE
CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.

THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE


SHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED AND
GRANTED, AND BY THE EXECUTIVE JUDGE TO THE DESIGNATED
JUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW JUDGE
SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYS
FROM RECEIPT OF THE ORDER OF REASIGNMENT.
The amendments of the Rule shall take effect on November 3, 2009 following
its publication in two (2) newspapers of general circulation.

October 27, 2009

B.P. 129:

Section 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)

Section 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)
Section 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.

Section 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.

R.A. 7691 (March 25, 1994):

Section 3. Section 33 of the same law is hereby amended to read as follows:

"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 interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or
causes of actions 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 questions 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; and

"(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 in cases of land not
declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."

Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).

SC Admin. Circular 09-94:

ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL


COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTION
SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT


NO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
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."

For the guidance of the bench and the Bar, the following guidelines are to be
followed in the implementation of Republic Act No. 7691, entitled "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":
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil
and original cases, and in cadastral and land registration cases, under
Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No.
7691. Was effective on April 15, 1994, fifteen (15) days after the
publication in the Malaya and in the Times Journal on March 30, 1994,
pursuant to Section 8 of the R.A. No. 7691.

2. The exclusion of the term "damages of whatever kind" in determining


the jurisdictional amount under Section 19 (8) and Section 33 (1) of
B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where
the damages are merely incidental to or a consequence of the main
cause of action. However, in cases where the claim for damages is the
main cause of action, or one of the causes of action, the amount of
such claim shall be considered in determining the jurisdiction of the
court.

3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal


Trial Courts, and Municipal Trial Courts under Section 32 (2) of B.P.
Blg. 129, as amended by R.A. No. 7691, has been increased to cover
offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of the fine. As a consequence, the Regional
Trial Courts have no more original jurisdiction over offenses committed
by public officers and employees in relation to their office, where the
offense is punishable by more than four (4) years and two (2) months
up to six (6) years.

4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A.


No. 7691, apply only to offenses punishable by imprisonment or fine, or
both, in which cases the amount of the fine is disregarded in
determining the jurisdiction of the court. However, in cases where the
only penalty provided by law is a fine, the amount thereof shall
determine the jurisdiction of the court in accordance with the original
provisions of Section 32 (2) of B.P. Blg. 129 which fixed original
exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts over offenses punishable
with a fine of not more than four thousand pesos. If the amount of the
fine exceeds four thousand pesos, the Regional Trial Court shall have
jurisdiction, including offenses committed by public officers and
employees in relation to their office, where the amount of the fine does
not exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to


property through criminal negligence which are under the exclusive
original jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts, irrespective of the amount of
the imposable fine.

Manila, June 14, 1994.


(Sgd.) ANDRES R. NARVASA
Chief Justice

B.P. 129:

Section 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)

R.A. 7691:

Section 4. Section 34 of the same law is hereby amended to read as follows:

"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 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."

SC Circular 38-97:

TO: REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,


MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: CLARIFICATION OF THE EXTENT OF DELEGATED


JURISDICTION UNDER ADMINISTRATIVE CIRCULAR NO. 6-93-A OF
MeTCs, MTCCs, MTCs AND MCTCs TO HEAR AND DETERMINE
CADASTRAL AND LAND REGISTRATION CASES.

Numerous queries from the Courts concerned have been received by the
Court Administrator regarding the scope of the delegated jurisdiction under
Administrative Circular No. 6-93-A of MeTCs, MTCCs, MTCs AND MCTCs to
hear and determine cadastral and land registration cases, particularly as to
whether or not the delegation covers petitions and motions for reconstitution
of lost certificate of title.
The clear tenor and intention of Administrative Circular No. 6-93-A is that only
original cadastral or land registration cases are covered. The jurisdiction of
the First Level Courts, being merely delegated, should be limited to what is
expressly mentioned in the delegation.

1. There are limits to the delegation, i.e., either the subject matter is an
uncontested lot or if contested the value of the lot should not exceed
One hundred thousand [P100,000.00] Pesos. There will be difficulty in
the determination of these limits if and when the First Level Courts are
required to exercise delegated jurisdiction over petitions subsequent to
original registration.

2. A First Level Court should not be placed in a situation where, in


disposing of a matter subsequent to registration, it will have to consult
the records of another Court, which granted the original registration.

3. To require First Level Courts to handle petitions after original


registration would unduly increase their dockets already loaded with
cases covered by R. A. 7691, the law on their expanded jurisdiction.

Therefore, matters subsequent to the original registration determined by


Second Level Courts, including petitions for reconstitution of lost titles, should
not be unloaded to the Firts Level Courts. The Second Level Courts are
hereby directed to take cognizance of and exercise jurisdiction over such
matters.

June 20, 1997.

B.P. 129:

Section 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.

Section 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.

Special Courts
Article XIII:

(citation?)

P.D. 1486 (Sandiganbayan):

PRESIDENTIAL DECREE No. 1486

CREATING A SPECIAL COURT TO BE KNOWN AS "SANDIGANBAYAN"


AND FOR OTHER PURPOSES

WHEREAS, the New Constitution declares that a public office is a public trust
and ordains that public officers and employees shall serve with the highest
degree of responsibility, integrity, loyalty and efficiency and shall remain at all
times accountable to the people;

WHEREAS, to attain the highest norms of official conduct required of public


officers and employees, Section 5, Article XIII of the New Constitution
provides for the creation of a special court to be known as Sandiganbayan;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the


Philippines, by virtue of the powers in me vested by the Constitution and
pursuant to Proclamation No. 1081, dated September 21, 1972, do hereby
order and decree as follows:

Section 1. Sandiganbayan; Composition; Qualifications; tenure; removal and


compensation. A special court, possessing all the inherent powers of a court
of justice, to be known as the Sandiganbayan is hereby created composed of
a Presiding Judge and eight (8) Associate Judges who shall be appointed by
the President and shall be subject to the same inhibitions and/or
disqualifications as judges of courts of first instance.

No person shall be appointed Presiding Judge or Associate Judge of the


Sandiganbayan, unless he is a natural-born citizen of the Philippines, at least
40 years of age and for at least ten (10) years or more had been a judge of a
court of record or been engaged in the practice of law in the Philippines or has
held office requiring admission to the bar as a prerequisite for a like period.

The Presiding Judge shall be so designated in his commission and the other
judges shall have precedence according to the dates of their respective
commissions, or when the commissions of two (2) or more of them shall hear
the same date, according to the order in which their commissions have been
issued by the President.

The Presiding Judge and the Associate Judges shall not be removed from
office except on impeachment upon the grounds and in the manner provided
for in Sections 2 and 3 of Article III of the 1973 Constitution.
The Presiding Judge shall receive an annual compensation of P60,000.00
and each Associate Judge P50,000.00 which shall not be diminished during
their continuance in office.

They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office.

Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan


shall have its principal office in the Metro Manila Area; Provided, however,
that the Presiding Judge may authorize any division or divisions of the court to
hold sessions at any time and place outside Metro Manila to hear and decide
cases emanating from any of the existing judicial districts.

Whenever necessary, the Sandiganbayan may require the services of the


personnel and the use of the facilities of any agency of the Government,
national or local, including the courts of first instance of the province where
any of the divisions is holding session and those personnel of such agencies
or courts shall be subject to the order of the Sandiganbayan.

Section 3. Quorum. Five judges shall constitute a quorum for sessions en


banc, and two judges for sessions in division; Provided, that when a quorum
and/or the majority required for a decision of the Sandiganbayan either en
banc or in division, or the trial or hearing of cases cannot be had due to the
legal disqualification or temporary disability of a judge or of a vacancy
occurring therein, the President shall, upon recommendation of the Presiding
Judge, designate any judge of the court of first instance or of the circuit
criminal court of the judicial district concerned to sit temporarily therein.

The Sandiganbayan shall, as a body, sit en banc but it may sit in three (3)
divisions of three (3) judges each. The three (3) divisions may sit at the same
time.

If the Presiding Judge is present in any session of the court, whether en banc
or in division, he shall preside. In his absence the Associate Judge attending
who is first in precedence shall preside.

Section 4. Jurisdiction. Except as herein provided, the Sandiganbayan shall


have original and exclusive jurisdiction to try and decide:

(a) Violations of Republic Act No. 3019, as amended, otherwise known


as the Anti-Graft and Corrupt Practices Act and Republic Act No. 1379;

(b) Crimes committed by public officers or employees, including those


employed in government- owned or controlled corporations, embraced
in Title VII of the Revised Penal Code;

(c) Other crimes or offenses committed by public officers or employees


including those employed in government-owned or controlled
corporations in relation to their office; Provided, that, in case private
individuals are accused as principals, accomplices or accessories in
the commission of the crimes hereinabove mentioned, they shall be
tried jointly with the public officers or employees concerned.

Where the accused is charged of an offense in relation to his office and


the evidence is insufficient to establish the offense so charged, he may
nevertheless be convicted and sentenced for the offense included in
that which is charged.

(d) Civil suits brought in connection with the aforementioned crimes for
restitution or reparation of damages, recovery of the instruments and
effects of the crimes, or forfeiture proceedings provided for under
Republic Act No. 1379;

(e) Civil actions brought under Articles 32 and 34 of the Civil Code.

Exception from the foregoing provisions during the period of material law are
criminal cases against officers and members of the Armed Forces of the
Philippines, and all others who fall under the exclusive jurisdiction of the
military tribunals.

Section 5. Proceedings against constitutional officers; votes required. All


cases involving constitutional officers shall be heard and decided by the
Sandiganbayan en banc; Provided, that when a non-constitutional officer or
employee or private individual is charged or sued jointly with a constitutional
officer under Section 4 hereof, they shall all be tried jointly by the
Sandiganbayan en banc. All other cases may be tried and decided by a
division.

The affirmative vote of five (5) judges is necessary for a decision of the
Sandiganbayan en banc. The affirmative vote of two judges in a division shall
be necessary for the promulgation of a judgment.

Section 6. Maximum period for termination of cases. As far as practicable,


the trial of cases before the Sandiganbayan en banc or in division once
commenced shall be continuous until terminated and the judgment en banc or
in division shall be rendered within three (3) months from the date the case
was submitted for decision.

Section 7. Form, finality and enforcement of decisions; petitions for


reconsideration. Decisions and final orders of the Sandiganbayan shall
contain complete findings of fact on all issues properly raised before it.
Decisions and final orders en banc shall be subject to review by the Supreme
Court in accordance with Rule 45 of the Rules of Court; and those of a
division shall be appealable under Rule 42 thereof. The Supreme Court shall
hear and decide any case on appeal promptly and without the necessity of
placing it upon the regular calendar. Whenever, in any case decided by the
Sandiganbayan en banc or by a division thereof, the death penalty of life
imprisonment shall have been imposed, the records shall be forwarded to the
Supreme Court whether the accused shall have appealed or not, for review
and judgment, as law and justice shall dictate.
Any party may file a petition for reconsideration of any order or decision of the
Sandiganbayan en banc or in division within fifteen (15) days from receipt of a
certified copy of such order or decision and such petition for reconsideration
shall be decided by the Sandiganbayan en banc or in division, as the case
may be, within thirty (30) days from submission thereof.

Final judgments and orders of the Sandiganbayan en banc or in division shall


be executed and enforced in the manner provided for in the Rules of Court.

Section 8. Transfer of cases. All cases cognizable by the Sandiganbayan as


herein provided, the trial of which had not yet commenced in the trial courts as
of the date of its organization shall be transferred to the Sandiganbayan,
except those cases filed in the military tribunals and those cases against
military personnel which shall remain in the military tribunals.

Section 9. Authority over internal affairs. The Sandiganbayan shall administer


its own internal affairs and may adopt such rules governing the constitution of
its divisions, the allocation of cases among them, the rotation of judges and
other matters relating to its business.

Section 10. Proceedings free of charge; premature publicity prohibited. All


proceedings in the Sandiganbayan en banc or in division shall be conducted
at no cost to the complainant and/or his witnesses.

No criminal complaint shall be given due course by the Sandiganbayan


except upon a certification by the Chief Special Prosecutor of the existence of
probable cause to be determined after a preliminary investigation conducted
in accordance with existing laws. No publicity shall be allowed during the
pendency of such preliminary investigation and the name of the complainant
and the accused shall not be made public until after an information is field with
the Sandiganbayan.

Section 11. Administrative Personnel. Upon recommendation of the


Sandiganbayan, the Supreme Court may designate, from among the officers
and employees under it, or appoint the personnel necessary for the
Sandiganbayan, including a Clerk of Court and three (3) Deputy Clerks of
Court; Provided, however, that those designated shall not receive additional
compensation, except per diems, traveling and necessary expenses in
accordance with existing laws and rules.

The Clerk of Court shall have an annual compensation of P23,000.00, and the
deputy clerks of court, P18,000.00. The Clerk of Court and deputy clerks of
court shall at least be members of the bar.

All subordinate employees of the Sandiganbayan shall be governed by the


provisions of the Civil Service Law; Provided, that the Sandiganbayan may, by
resolution en banc, remove any of them for cause.

Section 12. Office of the Chief Special Prosecutor. The provisions of any law
or rule to the contrary notwithstanding, the direction and control of the
prosecution of cases mentioned in Section 4 hereof, shall be exercised by a
Chief Special Prosecutor who shall be assisted by one (1) Assistant Chief
Special Prosecutor and nine (9) Special Prosecutors who shall be appointed
by the President. The Chief Special Prosecutor shall have annual
compensation of P30,000.00, the Assistant Chief Special Prosecutor of
P28,000.00 and the Special Prosecutors of P24,000.00 which shall not be
diminished during their continuance in office.

The Chief Special Prosecutor, the Assistant Chief and the Special
Prosecutors shall have exclusive authority to conduct preliminary
investigations of all complaints filed with the Sandiganbayan, to file
information and conduct the prosecution of all cases; Provided, that the
Secretary of Justice may designate any lawyer in the government service as
special prosecutor or special counsel to assist the Chief Special Prosecutor in
conducting preliminary investigations and prosecuting cases before the
Sandiganbayan.

The Chief Special Prosecutor, Assistant Chief Special Prosecutor and Special
Prosecutors mentioned in the preceding paragraph shall have the authority to
administer oaths, to issue subpoena and subpoena duces tecum, summon
and compel witnesses to appear and testify under oath before them and to
bring books, documents or other things under their control and to secure the
attendance or presence of any absent or recalcitrant witness through
application before the Sandiganbayan en banc or in division or before any
inferior or superior court having jurisdiction of the place where the witness or
evidence may be found.

The Chief Special Prosecutor and his assistants shall be under the control of
the Secretary of Justice.

Section 13. Office of Special Investigators. To assist the Chief Special


Prosecutor in the performance of his duties, the Secretary of Justice may,
upon the recommendation of the Chief Special Prosecutor, appoint such
number of Special Investigators and subordinate personnel as may be
deemed necessary therefor and/or detail to the Office of the Chief Special
Prosecutor any officer or employee of the Department of Justice or any
Bureau or Office under the executive supervision thereof; Provided, that those
designated shall not receive additional compensation except per diems,
traveling and necessary expenses in accordance with existing law and rules.
The Office of Special Investigators shall be under the Chief Special
Prosecutor. The appointment of Special Investigators and subordinate
personnel therein shall be subject to Civil Service Law and Rules.

"The Sandiganbayan may, upon proper, request of the Chief Special


Prosecutor, require the assistance and services of any Department, Agency,
or Bureau of the government.

Section 14. Report to the President. The Sandiganbayan shall submit an


annual report to the President including all disbursements of funds entrusted
to it within two months from the end of the Fiscal Year.
Section 15. Funding. There is hereby immediately appropriated out of any
funds in the National Treasury not otherwise appropriated, such sums as may
be necessary to carry out the provisions of this Decree and thereafter to be
included in the general appropriation act. The appropriations for the
Sandiganbayan shall be automatically released in accordance with a schedule
submitted by the Sandiganbayan.

Section 16. Repealing Clause. Any provision of law, order, rule or regulation
inconsistent with the provisions of this Decree is hereby repealed or modified
accordingly.

Section 17. Effectivity. This Decree shall be part of the laws of the land and
shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.

P.D. 1083 (Muslim law):

R.A. 6734 (Shariah Court):

R.A. 8369 (Family Courts):

Republic Act No. 8369 October 28, 1997

AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL


JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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


assembled::

Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".

Section 2. Statement of National Policies. - The State shall protect the rights and promote
the welfare of children in keeping with the mandate of the Constitution and the precepts of the
United Nations Convention on the rights of the Child. The State shall provide a system of
adjudication for youthful offenders which takes into account their peculiar circumstances.

The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. The courts shall preserve the solidarity of the family,
provide procedures for the reconciliation of spouses and the amicable settlement of family
controversy.

Section 3. Establishment of Family Courts. - There shall be established a Family Court in


every province and city in the country. In case where the city is the capital of the province, the
Family Court shall be established in the municipality which has the highest population.

Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas


Pambansa Blg. 129, as amended, is hereby further amended to read as follows:

"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the
Philippines, at least thirty-five (35) years of age, and, for at least ten (10) 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 indispensable requisite.

"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience
and demonstrated ability in dealing with child and family cases.

"The Supreme Court shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and personnel of such courts."

Section 5. Jurisdiction of family Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of the commission of the
offense: Provided, That if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have incurred.

The sentence, however, shall be suspended without need of application pursuant to


Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare
Code";

b) Petitions for guardianship, custody of children, habeas corpus in relation to the


latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and those


relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of
conjugal partnership of gains;

e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the "Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent o


neglected children, petitions for voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of
1986), and other related laws;

h) Petitions for the constitution of the family home;

i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;

j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and

k) Cases of domestic violence against:

1) Women - which are acts of gender based violence that results, or are likely
to result in physical, sexual or psychological harm or suffering to women; and
other forms of physical abuse such as battering or threats and coercion which
violate a woman's personhood, integrity and freedom movement; and

2) Children - which include the commission of all forms of abuse, neglect,


cruelty, exploitation, violence, and discrimination and all other conditions
prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.

Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%)
of their income derived from filing and other court fees under Rule 141 of the Rules of Court
for research and other operating expenses including capital outlay: Provided, That this benefit
shall likewise be enjoyed by all courts of justice.

The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this Sec.

Section 7. Special Provisional Remedies. - In cases of violence among immediate family


members living in the same domicile or household, the Family Court may issue a restraining
order against the accused of defendant upon verified application by the complainant or the
victim for relief from abuse.

The court may order the temporary custody of children in all civil actions for their custody. The
court may also order support pendente lite, including deduction from the salary and use of
conjugal home and other properties in all civil actions for support.

Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local government
unit shall establish to separate the youth offenders from adult criminals: Provided, however,
That alternatives to detention and institutional care shall be made available to the accused
including counseling, recognizance, bail, community continuum, or diversions from the justice
system: Provided, further, That the human rights of the accused are fully respected in a
manner appropriate to their well-being.

Section 9. Social Services and Counseling Division. - Under the guidance ofthe
Department of Social Welfare and Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family cases existing in such jurisdiction. It
shall provide appropriate social services to all juvenile and family cases filed with the court
and recommend the proper social action. It shall also develop programs, formulate uniform
policies and procedures, and provide technical supervision and monitoring of all SSCD in
coordination with the judge.

Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That in adoption cases and in
petitions for declaration of abandonment, the case studies may be prepared by social workers
of duly licensed child caring or child placement agencies, or the DSWD. When warranted, the
division shall recommend that the court avail itself of consultative services of psychiatrists,
psychologists, and other qualified specialists presently employed in other departments of the
government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.

Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD shall designate and assign
qualified, trained, and DSWD accredited social workers of the local government units to
handle juvenile and family cases filed in the designated Regional Trial Court of the place.

Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of
the child and family cases shall be treated in a manner consistent with the promotion of the
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of
parties shall not be divulged unless necessary and with authority of the judge.

Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special
rules of procedure for the transfer of cases to the new courts during the transition period and
for the disposition of family cases with the best interests of the child and the protection of the
family as primary consideration taking into account the United Nations Convention on the
Rights of the Child.

Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.

Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following in its enactment into
law and thereafter.

Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
with the DSWD, shall formulate the necessary rules and regulations for the effective
implementation of the social aspects of this Act.

Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at least
one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San
Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
such other places as the Supreme Court may deem necessary.

Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard.

In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be
adjudicated by the Regional Trial Court.

Section 18. Separability Clause. - In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.

Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.
Approved October 28, 1997.

R.A. 6657 (CARP):

R.A. 8799 (Securities Code):

ACQUIRED JURISDICTION

Rule 14:

Section 1. Clerk to issue summons. Upon the filing of the complaint and
the payment of the requisite legal fees, the clerk of court shall forthwith issue
the corresponding summons to the defendants. (1a)

Section 2. Contents. The summons shall be directed to the defendant,


signed by the clerk of court under seal and contain (a) the name of the court
and the names of the parties to the action; (b) a direction that the defendant
answer within the time fixed by these Rules; (c) a notice that unless the
defendant so answers plaintiff will take judgment by default and may be
granted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litem if any,
shall be attached to the original and each copy of the summons. (3a)

Section 3. By whom served. The summons may be served by the sheriff,


his deputy, or other proper court officer, or for justifiable reasons by any
suitable person authorized by the court issuing the summons. (5a)

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. (7a)

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. (8a)

Section 14. Service upon defendant whose identity or whereabouts are


unknown. In any action where the defendant is designated as an unknown
owner, or the like, or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of court, be effected
upon him by publication in a newspaper of general circulation and in such
places and for such time as the court may order. (16a)

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. (17a)

Section 20. Voluntary appearance. The defendant's voluntary appearance


in the action shall be equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant shall not be deemed a voluntary appearance. (23a)

Rule 18:

Section 7. Record of pre-trial. The proceedings in the pre-trial shall be


recorded. Upon the termination thereof, the court shall issue an order which
shall recite in detail the matters taken up in the conference, the action taken
thereon, the amendments allowed to the pleadings, and the agreements or
admissions made by the parties as to any of the matters considered. Should
the action proceed to trial, the order shall, explicitly define and limit the issues
to be tried. The contents of the order shall control the subsequent course of
the action, unless modified before trial to prevent manifest injustice. (5a, R20)

Rule 10:

Section 5. Amendment to conform to or authorize presentation of evidence.


When issues not raised by the pleadings are tried with the express or
implied consent of the parties they shall be treated in all respects as if they
had been raised in the pleadings. Such amendment of the pleadings as may
be necessary to cause them to conform to the evidence and to raise these
issues may be made upon motion of any party at any time, even after
judgment; but failure to amend does not effect the result of the trial of these
issues. If evidence is objected to at the trial on the ground that it is not within
the issues made by the pleadings, the court may allow the pleadings to be
amended and shall do so with liberality if the presentation of the merits of the
action and the ends of substantial justice will be subserved thereby. The court
may grant a continuance to enable the amendment to be made. (5a)