Professional Documents
Culture Documents
Jurisdiction of Court
Jurisdiction of Court
B. CRIMINAL CASES
All criminal cases not within the exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan,
where the penalty exceeds 6 years imprisonment irrespective of fine, or if only a
fine is imposable, exceeds P6,000, regardless of the amount of civil liability.
Manzano vs. Valera
R.A. 7691 places jurisdiction over criminal cases where the penalty is
6 years or less with the MTCs. Libel is punishable by prision correcional in its
minimum and medium periods and prision correcional has a range from six
months and one day to six years. ON the other hand, Art. 360 of the RPC
gives jurisdiction over libel cases to the CFI (now RTC). The latter is a
special law which must prevail over general laws. Moreover, from the
provisions of R.A. 7691, there seems to be no manifest intent to repeal or
alter the jurisdiction in libel cases. Thus, RTCs still have jurisdiction over libel
cases.
II. APPELLATE
All cases decided by the lower courts (MTCs) in their respective territorial
jurisdictions.
NOTE: no trial de novo; case is decided on the basis of decision and supporting
affidavits.
JURISDICTION OF THE FAMILY COURTS (R.A. 8369)
Family Courts shall have exclusive original jurisdiction to hear and decide the following
cases:
1. Criminal cases where:
a. One or more of the accused is below eighteen (18) years of age but not less than
nine (9) years of age, OR
b. 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 the "Child and
Youth Welfare Code";
2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
3. Petitions for adoption of children and the revocation thereof;
4. Complaints [for]:
a. Annulment of marriage
b. Declaration of nullity of marriage
c. Those relating to marital status and property relations of:
i.
ii. Those living together under different status and agreements, AND
d. Petitions for dissolution of conjugal partnership of gains;
5. Petitions for support and/or acknowledgment;
6. Summary judicial proceedings brought under the provisions of the "Family Code of
the Philippines";
7. Petitions for:
a. Declaration of status of children as
i.
Abandoned
ii. Dependent OR
iii. Neglected children
B. CRIMINAL JURISDICTION
1. Violations of city or municipal ordinances.
2. All offenses punishable with not more than 6 years imprisonment, irrespective of
fine, or a fine of not more than P6,000, regardless of civil liabilities and accessory
penalties.
SUMMARY PROCEDURE
I.
CASES APPLICABLE
A. CIVIL CASES
1. All cases of forcible entry and unlawful detainer irrespective of amount of
damages or unpaid rentals; without question of ownership; attorneys fees not
exceeding P20,000 if quieting of ownership; resolved to determine question
of possession.
2. Other civil cases EXCEPT probate proceedings, where the total amount of
the claim does not exceed P10,000, exclusive of interest and cost.
B. CRIMINAL CASES
1. Violation of traffic laws, rules, regulations
2. Violation of rental laws
3. Violations of city or municipality ordinances
4. All other criminal cases where the penalty does not exceed 6 months or a fine
of P1000 or both
5. Damage to property through criminal negligence where the fine does not
exceed P10,000.
unit buyer against the project owner, developer, dealer, broker, or salesman
3. Cases involving specific performance of contractual and statutory obligations filed by
buyers of subdivision lots or condominium units against the owner, developer, dealer,
broker, or salesman
JURISDICTION OF THE KATARUNGANG PAMBARANGAY (UNDER THE LOCAL GOVERNMENT
CODE OF 1991)
1. No complaint, petition, action or proceeding involving any matter within the authority
of the lupon shall be filed or instituted directly in court or any other government office
for adjudication, unless:
a. There has been a confrontation between the parties before the lupon chairman or
pangkat, AND
ii. The parties thereto agree to submit their differences to amicable settlement
by an appropriate Lupon;
f.
ii. Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of his liberty or one acting
in his behalf;
iii. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action; AND
iv. Actions which may be barred by the Statute of Limitations.
i.
Any class of disputes which the President may determine in the interest of justice
or upon the recommendation of the Secretary of Justice;
j.
Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
(Sections. 46 & 47, R.A. 6657);
4. VENUE OF PROCEEDINGS:
Situation
Venue
That barangay
workplace
or
Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, they are deemed waived. Legal questions confronting the
punong barangay which might arise in resolving such objections are to be submitted
to the Secretary of the DOJ, whose ruling shall be binding.
5. EFFECT OF NON-COMPLIANCE:
a. Dismissal upon motion of defendants for failure to state cause of action or
prematurity; OR
b. Suspension of proceedings upon petition and referral of case motu proprio to
appropriate barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:
a. Complainant pays appropriate filing fees, and shall complain, orally or in writing,
to the lupon chairman of the barangay;
b. Lupon chairman shall make attempts at mediation; if he fails within 15 days from
date of first meeting, he shall set a date for the constitution of a pangkat ng
tagapagsundo (3 members; chosen by the parties from the list of the members of
the lupon)
c. Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. It shall arrive at
said settlement or resolution of the dispute within 15 days from the day it
convenes.
During the period while the dispute is under mediation, the prescriptive periods
for offenses, and for causes of action shall be interrupted upon filing of the
complaint with the punong barangay. Said interruption shall not exceed 60 days
from said filing.
In all proceedings, parties must appear in person without the assistance of
counsel or representatives, EXCEPT for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.
7. Amicable settlement shall have the force and effect of a final judgment upon the
expiration of 10 days from its date, unless:
a. It is repudiated, or
Repudiation must be done within 10 days, by filing a sworn statement with
the lupon chairman;
The grounds for repudiation are vitiation of consent by fraud, violence or
intimidation;
Such repudiation is a sufficient basis for the issuance of a certification for
filing a complaint with the court.
b. A petition to nullify the settlement is filed in the proper city or municipal court
The above does not apply to cases not within jurisdiction of the lupon but
submitted to it. In this case, the compromise agreed upon by the parties
before the lupon/pangkat chair shall be submitted to the court and upon
approval thereof, shall have the force and effect of a judgment of said court.
8. EXECUTION OF AMICABLE SETTLEMENT:
a. Within 6 months from date of settlement: by the lupon.
b. Thereafter, by action in the appropriate city of municipal court
9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be
issued only upon complying with the following requirements:
a. Issued by lupon secretary and attested by lupon chairman/ punong barangay,
that confrontation took place and conciliation settlement was reached, but
subsequently repudiated.
b. Issued by pangkat secretary and attested by pangkat chairman, that:
i.
ii. There was no personal confrontation without any fault on the part of the
complainant.
c. Issued by the Punong Barangay, as requested by the proper party, on the ground
of failure of settlement, where the dispute involves members of the same
indigenous cultural community, which shall be settled in accordance with the
customs and traditions of that particular cultural community, or where one or
more of the parties to the aforesaid dispute belong to the minority and the parties
mutually agreed to submit their dispute to the indigenous system of amicable
settlement, and there has been no settlement as certified by the datu or tribal
leader or elder, to the Punong Barangay of the place of settlement
If mediation or conciliation proved unsuccessful before punong barangay there
having been no agreement to conciliate, OR respondent failed to appear before
punong barangay, Punong Barangay shall not issue the certification (because
now mandatory for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.)
JURISDICTION OF THE SANDIGANBAYAN
A. ORIGINAL
1. Violations of:
a. Anti-Graft and Corrupt Practices Act;
b. R.A. 1379 (An Act Declaring Forfeiture in Favor of the State of Any Property
Found to Have Been Unlawfully Acquired By Any Public Officer or Employee
and Providing for the Proceedings Therefor); or
c. Title VII, Chapter II, 2 of the RPC (i.e., Articles 210-212 of RPC)
Where one or more of the principal 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:
i.
3. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.
B. APPELLATE
If none of the principal accused are occupying positions of grade 27 or higher,
original jurisdiction will be with either the MTC or RTC; SB will exercise exclusive
appellate jurisdiction on said cases.
The procedure prescribed in BP 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.
C. NOTES:
1. Private individuals charged as co-principals, accomplices or accessories with the
public officers or employees shall be tried jointly with said public officers and
employees in the proper courts
2. 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
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.
3. Decisions of the Sandiganbayan:
a. Appealable to the SC by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court;
b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be
appealable to the SC by Notice of Appeal;
c. If penalty imposed is death, review by the Supreme Court shall be automatic,
whether or not the accused filed an appeal.
REMEDIAL LAW DEFINITIONS/CONCEPTS
JURISDICTION AND VENUE DIFFERENTIATED
JURISDICTION
VENUE
CLASSIFICATIONS OF JURISDICTION
1. General vs. Specific/Limited:
General - power to adjudicate all controversies EXCEPT those expressly withheld from
the plenary powers of the court
Specific/Limited - restricted to particular cases and subject to such limitations as may be
provided by the governing law
2. Original vs. Appellate
Original power of the court to take judicial cognizance of a case instituted for judicial
action for the first time
Appellate authority of a court higher in rank to reexamine the final order or judgment of
a lower court which tried the case now elevated for judicial review
2.
3.
When accused is deprived of his constitutional right such as where the court
fails to provide counsel for the accused who is unable to obtain one and
does not intelligently waive his constitutional right;
4.
5.
6.
CLASSIFICATION OF ACTIONS
1. Real, personal and mixed
Real brought for the protection of real rights, land, tenements, or one founded on
privity of estate only
Personal not founded upon the privity of real rights or real property
Mixed brought for protection or recovery of real property and also for an award for
damages sustained
2. In rem, in personam, and quasi in rem
In rem not directed against particular persons but against the thing itself; object is to
bar indifferently all who might be minded to make objection against the right
sought to be enforced; hence, judgment is binding upon the whole world (e.g.,
land registration; special proceedings)
In personam directed against particular persons on the basis of their personal liability
to establish a claim against them; judgment is binding only upon the
parties impleaded and their successors in interest (e.g., action for breach
of contract)
Quasi in rem directed against particular persons, but the purpose of which is to bar
and bind not only said persons but any other person who claims any
interest in the property or right subject of the suit (e.g. action for judicial
foreclosure of mortgage)
3. Transitory vs. local
Transitory one the venue of which depends generally upon the residence of the
parties, regardless of where the cause of action arose (e.g., personal
actions)
Local one required by the Rules to be instituted in a particular place in the absence of
an agreement to the contrary (e.g., real actions)
KINDS OF PARTIES
1. Real party in interest person having an interest in the subject of the action and in
obtaining the relief demanded.