Professional Documents
Culture Documents
Summary of Jurisdiction of Philippine Courts
Summary of Jurisdiction of Philippine Courts
II. ORIGINAL
*
Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in any part of their respective regions
(concurrent with SC and CA).
*
In actions affecting ambassadors and other public ministers and consuls
(concurrent with SC).
*
Over offenses committed NOT in relation with public office with imprisonment
exceeding 6 years committed by public officers classified as salary grade 27 or higher
*
Over election contests for municipal offices.
Pre-week reviewer in remedial law,
III. 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.
Petitions for:
Declaration of status of children as
Abandoned
Dependent OR
Neglected children
Voluntary or involuntary commitment of children;
The suspension, termination, or restoration of parental authority and other cases
cognizable under "Child and Youth Welfare Code", Executive Order No. 56, (Series of
1986), and other related laws;
Petitions for the constitution of the family home;
Cases against minors cognizable under the Dangerous Drugs Act, as amended;
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
Cases of domestic violence against:
Women
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 of movement; AND
Children
Includes the commission of all forms of abuse, neglect, cruelty, exploitation, violence,
and discrimination and all other conditions prejudicial to their development.
Exclusive original jurisdiction over cases of forcible entry and unlawful detainer; issue of
ownership resolved only to determine issue of possession.
After lapse of 1 year, MTC loses jurisdiction, and case becomes one for recovery of
possession de jure (accion publicicana), although MTC may still have jurisdiction if value
of property does not exceed P20,000/50,000.
*
All offenses punishable with not more than 4 years 2 mos 1 day
imprisonment, irrespective of fine.
*
3. ELECTION CASES
Summary Procedure
Cases Applicable
A. CIVIL CASES
Memoranda
*
Petition for certiorari, mandamus, and prohibition against any interlocutory
order issued by the court
*
Reply
Third-party complaints
*
Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, dealer, broker, or
salesman
*
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
THE
LOCAL
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:
There has been a confrontation between the parties before the lupon chairman or
pangkat, AND
That no conciliation or settlement has been reached as certified by the lupon/pangkat
secretary as attested to by lupon chairman or pangkat chairman, or unless such
settlement has been repudiated by the parties thereto
2. Disputes subject to Conciliation Requirement: All disputes between parties actually
residing in the same city or municipality
HOWEVER, the court in which non-criminal cases not falling within the authority of the
Lupon may, at any time before trial, refer the case to the lupon for amicable settlement.
3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93)
Where one party is the government, or any subdivision or instrumentality
thereof;
Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable
settlement by an appropriate Lupon;
*
The parties thereto agree to submit their differences to amicable settlement
by an appropriate Lupon;
Offenses for which the law prescribes a maximum penalty of imprisonment
exceeding one (1) year or a fine over five thousand pesos (P5,000.00);
Offenses where there is no private offended party;
Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
*
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;
*
Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the action;
AND
*
Any class of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice;
Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL) (Sections. 46 & 47, R.A. 6657);
Labor disputes or controversies arising from employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which
grants original and exclusive jurisdiction over conciliation and mediation of disputes,
grievances or problems to certain offices of the Department of Labor and Employment);
Actions to annul judgment upon a compromise, which may be filed directly in
court.
*
VENUE OF PROCEEDINGS:
Venue
Situation
That barangay
Barangay where respondent, or any of the
respondents, actually resides, at the option
of the complainant
Disputes involving real property or interest Barangay where property is situated
therein
Disputes arising at the workplace where Barangay where such workplace or
the contending parties are employed, or at institution is located
the institution where such parties are
enrolled for study
Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, they are deemed waived. Legal questions that might arise in
resolving such objections before the punong barangay are to be submitted to the
Secretary of the DOJ, whose ruling shall be binding.
5. EFFECT OF NON-COMPLIANCE:
Dismissal upon motion of defendants for failure to state cause of action or
prematurity; OR
Suspension of proceedings upon petition and referral of case motu proprio to
appropriate barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:
*
Complainant pays appropriate filing fees, and shall complain, orally or in writing,
to the lupon chairman of the barangay;
*
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)
*
Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. Within 15 days from
the day it convenes, it shall arrive at said settlement or resolution of the dispute.
During the 15-day period when 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 date of amicable settlement, unless:
a. It is repudiated, or
There was no personal confrontation without any fault on the part of the
complainant.
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 reached 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.)
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
Title VII, Chapter II, 2 of the RPC (i.e., Articles 210-212 of RPC)
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:
*
Officials of executive branch occupying positions classified as Grade 27 or
higher, specifically including:
*
Officials of the diplomatic service occupying the position of consul and higher;
Philippine army and air force colonels, naval captains, and all officers of higher rank;
*
*
*
Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent or higher;
City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations;
*
Members of the Judiciary, without prejudice to the provisions of the Constitution
(on impeachment)
*
Chairmen and members of the Constitutional Commissions, without prejudice to
the provisions of the Constitution
*
If the last element, namely, in relation to his office is absent or is not alleged in
the information, the crime committed falls within the exclusive original jurisdiction
of ordinary courts and not the SB.
The offense is committed in relation to the office if the offense is intimately connected
with the office of the offender and perpetuated while he was in the performance of his
official functions, or when the crime cannot exist without the office, or the office is a
constituent element of the crime as defined in the statute.
B. EXCLUSIVE 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:
*
Private individuals charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in GOCCs, 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 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 court, and
no right to reserve the filing of such civil action separately from the criminal action shall
be recognized.
*