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BP 129

Section 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

Trial Courts in the following cases falling within


their jurisdiction
B. Criminal Cases:

(1) Violations of traffic laws, rules and


regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;

(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. (as amended by
R.A, No. 7691)

(4) All other criminal cases where the penalty


prescribed by law for the offense charged is
imprisonment not exceeding six months, or a
fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in
offenses involving damage to property through
criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten
thousand pesos (P10,000.00).

REVISED RULES ON SUMMARY PROCEDURE

This Rule shall not apply to a civil case where


the plaintiffs cause of action is pleaded in the
same complaint with another cause of action
subject to the ordinary procedure; nor to a
criminal case where the offense charged is
necessarily related to another criminal case
subject to the ordinary procedure.

I.
Applicability
Section 1. Scope. This rule shall govern the
summary procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit

Sec. 2. Determination of applicability. Upon


the filing of a civil or criminal action, the court
shall issue an order declaring whether or not the
case shall be governed by this Rule A patently
erroneous determination to avoid the
application of the Rule on Summary Procedure is
a ground for disciplinary action.
III.
Criminal Cases
Sec. 11. How commenced. The filing of
criminal cases falling within the scope of this
Rule shall be either by complaint or by
information: Provided, however, that in
Metropolitan Manila and in Chartered Cities.
such cases shall be commenced only by
information, except when the offense cannot be
prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be
accompanied by the affidavits of the compliant
and of his witnesses in such number of copies as
there are accused plus two (2) copies for the
court's files.If this requirement is not complied
with within five (5) days from date of filing, the
care may be dismissed.chanrobles virtual law
library chanrobles virtual law library
Sec. 12. Duty of court. chanrobles virtual law
library
(a) If commenced by compliant. On the basis
of the compliant and the affidavits and other
evidence accompanying the same, the court may
dismiss the case outright for being patently

without basis or merit and order the release of


the amused if in custody.
(b) If commenced by information. When the
case is commenced by information, or is not
dismissed pursuant to the next preceding
paragraph, the court shall issue an order which,
together with copies of the affidavits and other
evidence submitted by the prosecution, shall
require the accused to submit his counteraffidavit and the affidavits of his witnesses as
well as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not
later than ten (10) days from receipt of said
order. The prosecution may file reply affidavits
within ten (10) days after receipt of the counteraffidavits of the defense.
Sec. 13. Arraignment and trial. Should the
court, upon a consideration of the complaint or
information and the affidavits submitted by both
parties, find no cause or ground to hold the
accused for trial, it shall order the dismissal of
the case; otherwise, the court shall set the case
for arraignment and trial.
If the accused is in custody for the crime
charged, he shall be immediately arraigned and
if he enters a plea of guilty, he shall forthwith be
sentenced.chanrobles virtual law
library chanrobles virtual law library
Sec. 14. Preliminary conference. Before
conducting the trial, the court shall call the
parties to a preliminary conference during which

a stipulation of facts may be entered into, or the


propriety of allowing the accused to enter a plea
of guilty to a lesser offense may be considered,
or such other matters may be taken up to clarify
the issues and to ensure a speedy disposition of
the case.However, no admission by the accused
shall be used against him unless reduced to
writing and signed by the accused and his
counsel.A refusal or failure to stipulate shall not
prejudice the accused.
Sec. 15. Procedure of trial. At the trial, the
affidavits submitted by the parties shall
constitute the direct testimonies of the
witnesses who executed the same. Witnesses
who testified may be subjected to crossexamination, redirect or re-cross examination.
Should the affiant fail to testify, his affidavit
shall not be considered as competent evidence
for the party presenting the affidavit, but the
adverse party may utilize the same for any
admissible purpose.
Except in rebuttal or surrebuttal, no witness
shall be allowed to testify unless his affidavit
was previously submitted to the court in
accordance with Section 12 hereof. However,
should a party desire to present additional
affidavits or counter-affidavits as part of his
direct evidence, he shall so manifest during the
preliminary conference, stating the purpose
thereof. If allowed by the court, the additional
affidavits of the prosecution or the counteraffidavits of the defense shall be submitted to

the court and served on the adverse party not


later than three (3) days after the termination of
the preliminary conference. If the additional
affidavits are presented by the prosecution, the
accused may file his counter-affidavits and serve
the same on the prosecution within three (3)
days from such service.
Sec. 16. Arrest of accused. The court shall
not order the arrest of the accused except for
failure to appear whenever required. Release of
the person arrested shall either be on bail or on
recognizance by a responsible citizen acceptable
to the court.
Sec. 17. Judgment. Where a trial has been
conducted, the court shall promulgate the
judgment not later than thirty (30) days after
the termination of trial.chanrobles virtual law
library cha
Ra 8369
Section 5. Jurisdiction offamily 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";

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

b) Petitions for guardianship, custody of children,


habeas corpus in relation to the latter;

k) Cases of domestic violence against:

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;

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.
RA 9282 CTA
Section 7. Section 7 of the same Act is hereby
amended to read as follows:
"Sec. 7. Jurisdiction. - The CTA shall exercise:
"a. Exclusive appellate jurisdiction to review by appeal,
as herein provided:

"1. Decisions of the Commissioner of Internal Revenue


in cases involving disputed assessments, refunds of
internal revenue taxes, fees or other charges, penalties
in relation thereto, or other matters arising under the
National Internal Revenue or other laws administered
by the Bureau of Internal Revenue;
"2. Inaction by the Commissioner of Internal Revenue
in cases involving disputed assessments, refunds of
internal revenue taxes, fees or other charges, penalties
in relations thereto, or other matters arising under the
National Internal Revenue Code or other laws
administered by the Bureau of Internal Revenue, where
the National Internal Revenue Code provides a specific
period of action, in which case the inaction shall be
deemed a denial;
"3. Decisions, orders or resolutions of the Regional Trial
Courts in local tax cases originally decided or resolved
by them in the exercise of their original or appellate
jurisdiction;
"4. Decisions of the Commissioner of Customs in cases
involving liability for customs duties, fees or other
money charges, seizure, detention or release of
property affected, fines, forfeitures or other penalties
in relation thereto, or other matters arising under the
Customs Law or other laws administered by the Bureau
of Customs;
"5. Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate jurisdiction over
cases involving the assessment and taxation of real
property originally decided by the provincial or city
board of assessment appeals;

"6. Decisions of the Secretary of Finance on customs


cases elevated to him automatically for review from
decisions of the Commissioner of Customs which are
adverse to the Government under Section 2315 of the
Tariff and Customs Code;
"7. Decisions of the Secretary of Trade and Industry, in
the case of nonagricultural product, commodity or
article, and the Secretary of Agriculture in the case of
agricultural product, commodity or article, involving
dumping and countervailing duties under Section 301
and 302, respectively, of the Tariff and Customs Code,
and safeguard measures under Republic Act No. 8800,
where either party may appeal the decision to impose
or not to impose said duties.
"b. Jurisdiction over cases involving criminal offenses
as herein provided:
"1. Exclusive original jurisdiction over all criminal
offenses arising from violations of the National Internal
Revenue Code or Tariff and Customs Code and other
laws administered by the Bureau of Internal Revenue
or the Bureau of Customs: Provided, however, That
offenses or felonies mentioned in this paragraph where
the principal amount o taxes and fees, exclusive of
charges and penalties, claimed is less than One million
pesos (P1,000,000.00) or where there is no specified
amount claimed shall be tried by the regular Courts
and the jurisdiction of the CTA shall be appellate. Any
provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil
liability for taxes and penalties shall at all times be
simultaneously instituted with, and jointly determined

in the same proceeding by the CTA, 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 filling of such civil action separately from the
criminal action will be recognized.

collection cases where the principal amount of taxes


and fees, exclusive of charges and penalties, claimed
is less than One million pesos (P1,000,000.00) shall be
tried by the proper Municipal Trial Court, Metropolitan
Trial Court and Regional Trial Court.

"2. Exclusive appellate jurisdiction in criminal offenses:

"2. Exclusive appellate jurisdiction in tax collection


cases:

"a. Over appeals from the judgments, resolutions or


orders of the Regional Trial Courts in tax cases
originally decided by them, in their respected
territorial jurisdiction.
"b. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial Courts in the
exercise of their appellate jurisdiction over tax cases
originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts
in their respective jurisdiction.
"c. Jurisdiction over tax collection cases as herein
provided:
"1. Exclusive original jurisdiction in tax collection cases
involving final and executory assessments for taxes,
fees, charges and penalties: Provided, however, That

"a. Over appeals from the judgments, resolutions or


orders of the Regional Trial Courts in tax collection
cases originally decided by them, in their respective
territorial jurisdiction.
"b. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial Courts in the
Exercise of their appellate jurisdiction over tax
collection cases originally decided by the Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts, in their respective jurisdiction."