Judiciary

Hierarchy of Courts
Jurisdiction
Jurisdiction and venue
Jurisdiction of:
- Supreme Court
- Supreme Court en banc
- Court of Appeals
- Court of Tax Appeals
- Sandiganbayan
- Regional Trial Court
- MTC

HIERARCHY OF COURTS
JUDICIARY
Interprets and applies the law
The Branch of government charged with the interpretation of laws and the administration of
justice
(Article VIII, Sec. 1 of the 1987 Constitution)
Its duty is to settle actual controversies involving rights which are legally demandable and
enforceable (Art VIII, Sec. 1(2))
(Art VIII, Sec. 3)
JURISDICTION OF THE JUDICIARY

Article VIII, Section 1

Par. 1 The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.
Par. 2 Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are 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.
Judicial Power is the power and duty of courts of justice to interpret and to apply the laws
to contests or disputes concerning legally recognized rights or duties between the State and private
persons or individuals, or between private persons or individual litigants in cases properly brought
before judicial tribunals.
Scope of Judicial Power
1. Adjudicatory Power
2. Power of Judicial Review
3. Incidental Powers

Article VIII, Section 2

Par. 1 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.
Par. 2 No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its members.

Jurisdiction of Courts

1. General when it is empowered to decide all disputes which may come before it except
those assigned to other courts.
2. Limited when it has authority to hear and determine only a few specified cases.
3. Original when it can try and decide a case presented for the first time.(may be exclusive
or concurrent)
4. Appellate when it can take a case already heard and decided by a lower court removed
from the latter by appeal.
5. Exclusive when it can try and decide a case which cannot be presented before any court.
6. Concurrent when anyone of two or more courts may take cognizance of a case;
 7. Criminal that which exists for the punishment of crime; and
8. Civil that which exists when the subject matter is not of a criminal nature.

JURISDICTION DISTINGUISHED FROM VENUE

Jurisdiction
The authority to hear and determine causes; the power itself
May not be conferred or changed by consent of the parties
Conferred only by the Constitution of the Law
Venue
The territorial unit where the power of the court is to be exercised
May be changed or transferred by agreement of the parties
It is jurisdictional
How jurisdiction is determined
The complaint must be examined to determine the facts and set out the
corresponding punishment provided for by law.
Jurisdiction, once acquired, continues until the case is terminated.

SUPREME COURT
Authority is vested from the 1987 Constitution
Has a Chief Justice
14 Associate Justices
The court may sit en banc or in one of its three division composed of five
members each.
The Chief Justice and Associate Justices are appointed
Jurisdiction of the Supreme Court
Exercise jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
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 the lower
courts in:
 - 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;
- All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto;
- All cases in which the jurisdiction of any lower court is in issue;
- All criminal cases in which the penalty imposed is reclusion
perpetua or higher; (r. p. vs life sentence )
- All cases in which only an error or question of law is involved;
Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignments shall not exceed six months
without the consent of the judge concerned.
Order a change of venue or place of trial to avoid a miscarriage of justice.
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 underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
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.
all officials and employees of the Judiciary in accordance with the Civil
Service Law.

SUPREME COURT EN BANC

ArticleVIII, Section 4

Par. 1 The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall
be filled within ninety days from the occurrence thereof.
Par. 2 All cases involving the constitutionality of a treaty, international or executive agreement,
or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules
of Court are required to be heard en banc, including those involving the constitutionality, application,
or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members who actually took part
in the deliberations on the issues in the case and voted thereon.
Par. 3 Cases or matters heard by a division shall be decided or resolved with the concurrence
of a majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon, and in no case without the concurrence of at least three of such Members. When the
required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or
principle of law laid down by the court in a decision rendered en banc or in division may be modified
or reversed except by the court sitting en banc.

Jurisdiction of the Supreme Court en banc:

All cases involving the constitutionality of a treaty, international or executive

agreement;
All other cases including those involving the constitutionality, application or
operation of presidential decrees, proclamations, orders, instructions, ordinances and
other regulations which under the rules of court are required to be heard en banc.
In administrative cases where the decision is for the dismissal of the judge or lower
court.
Cases heard by a division shall be decided or resolved with the concurrence likewise
of the same majority of the members who are at least three (3) in number but if
such required number is not obtained, the case shall be decided en banc; and
Cases modifying or reversing a doctrine or principle of law laid down by the Court in
a decision rendered en banc or in division.

COURT OF APPEALS

Jurisdiction of the Court of Appeals:

The original jurisdiction is to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or process
The exclusive original jurisdiction over actions for annulment of judgment of the RTC
The exclusive appellate jurisdiction over all final judgments, decisions, resolutions,
orders, or rewards of RTC and Quasi-judicial agencies, instrumentalities, boards or
commission

*Trials and hearings in the Court of Appeals must be continuous

SANDIGANBAYAN
The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.

Jurisdiction of the Sandiganbayan:

As stated by the 1973 Constitution: This court shall have jurisdiction over civil and criminal
cases involving graft and corrupt practices and such other offenses committed by public officers and
employees in relation to their offices as may be determined by law.

Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original exclusive
jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.) Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII, Bk. II of the RPC
(Crimes committed by Public Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;
c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13, 1993;
d) Corruption of public officials under Art. 212
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, provincial
treasurers, assessors, engineers and other provincial department heads;
b) City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers,
assessors, engineers and other 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 PNP 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; officials and the prosecutors in the Office
of the Ombudsman and special prosecutor ;
g) President, 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 Classification Act of 1989;
3) Members of the Judiciary without prejudice to the provision of the Constitution;
4) Chairmen and members of Constitutional Commissions, without prejudice to the provision of
the Constitution;
5) All other national and local officials classified as Grade 27 and higher under the Compensation
and Position Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other crimes committed in
relation to their office by the public officials and employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO 1, 2, 14 & 14-A issued in
1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari, habeas corpus, injunction
and other ancillary writs and processes in aid of its appellate jurisdiction; Provided, jurisdiction is not
exclusive of the Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases filed or that may be filed under
EO 1, 2, 14 & 14- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 - Code of Conduct and Ethical Standards
b.) Violation of RA 7080 - THE PLUNDER LAW
c.) Violation of RA 7659 - The Heinous Crime Law
d.) RA 9160 - Violation of The Anti-Money Laundering Law when committed by a public officer

e.) PD 46 referred to as the gift-giving decree which makes it punishable for any official or employee
to receive directly or indirectly and for the private person to give or offer to give any gift, present or
other valuable thing on any occasion including Christmas, when such gift, present or valuable thing is
given by reason of his official position, regardless of whether or not the same is for past favors or the
giver hopes or expects to receive a favor or better treatment in the future from the public official or
employee concerned in the discharge of his official functions. Included within the prohibition is the
throwing of parties or entertainment in honor of the official or employee or his immediate relatives.

f.) PD 749 which grants immunity from prosecution to any person who voluntarily gives information
about any violation of Art.210, 211 or 212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of
the Customs and Tariff Code and other provisions of the said Codes penalizing abuse or dishonesty
on the part of the public officials concerned and other laws, rules and regulations penalizing graft,
corruption and other forms of official abuse and who willingly testifies against the public official or
employee subject to certain conditions.

REGIONAL TRIAL COURT

Jurisdiction of the Regional Trial Court
In all civil actions in which the subject is incapable of pecuniary estimation
Cases which involve title or possession of real property or any interest
In all actions in admiralty and maritime jurisdiction
In all matters of probate, both testate or intestate
In all actions involving the contract or marriage and marital relations
In all cases not within the jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court
In all civil actions and special proceedings falling within the exclusive original
jurisdiction of the Juvenile and Domestic Relations Court and of the Court of Agrarian
Relations
In all cases in which the demand, exclusive of interest, damages of whatever kind,
exceeds the prescribed amount

COURT OF TAX APPEALS

Republic Act. No. 1125 on June 16, 1954
Appellate Court to review tax cases.
Has exclusive appellate jurisdiction to review by appeal:
- Decisions of the Commissioner of Internal Revenue in cases involving
disputed, assessments, refunds of internal revenue taxes, fees or other charges,
penalties imposed in relation thereto, or other matters arising under the National
Internal Revenue Code or other lawsadministered by the Bureau of Internal Revenue;

- In actions 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 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;

- 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

- 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 imposed in relation thereto; or other matters
arising under the Customs Law or other laws administered by the Bureau of Customs.

- 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;

- 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;

- Decisions of the Secretary of Agriculture 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 R.A.
No. 8800, where either party may appeal the decision to impose or not to impose said
duties.

It also has jurisdiction over cases involving criminal offenses as herein

provided:

- 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 of taxes and fees, exclusive of charges and penalties, claimed is less than One
 million pesos (P 1,000,000.00) 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 filing of
such action separately form the criminal action will be recognized.

METROPOLITAN TRIAL COURTS (METC), MUNICIPAL TRIAL COURTS IN CITIES

(MTCC), MUNICIPAL TRIAL COURTS (MTC), AND MUNICIPAL CIRCUIT TRIAL
COURTS (MCTC)

- empowered to hear and decide petitions for a writ of habeas corpus or

applications for bail in criminal cases in the province or city in the absence of the Regional
Trial Court Judges.
- 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 (P 100,000.00) or, in Metro Manila where such personal property, estate
or amount of the demand does not exceed Two hundred thousand pesos (P 200,000.00),
exclusive of interests, damages of whatever kind , attorneys fees, litigation expenses, and
costs the amount of which must be specifically alleged: Provided, That interests, damages
of whatever kind, attorneys 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 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
arose out of the same or different transactions;
- 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 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
 - Exclusive original jurisdiction in all civil actions which involve title to,
orpossession of, real property, or any interest therein where the assessed value of the
property or interest therein does not exceed Twenty thousand pesos (P 20,000.00) or, in
civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand
pesos (P 50,000.00) exclusive of interest, damages of whatever kind, attorneys 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 (Sec. 33, Batas PambansaBlg. 129).
- Section 33 of Batas PambansaBlg. 129 provides that the Supreme Court may
designate MeTCs, MTCCs, MTCs, and MCTCs to hear and determine cadastral or land
registration cases where the value does not exceed one hundred thousand pesos
(P100,000.00).Their decision is can be appealed in the same manner as the Regional Trial
Courts.

A.M. 08-8-7-SC ENACTED SEPTEMBER 9, 2008 AND EFFECTIVE OCTOBER 1, 2008

- the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts were designated to try small claims cases for
payment of money where the value of the claim does not exceed One Hundred Thousand
Pesos (P100,000.00) exclusive of interest and costs.

- These courts shall apply the rules of procedure provided in A.M. No. 08-8-7-SC
in all actions which are: (a) purely civil in nature where the claim or relief prayed for by
the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil
aspect of criminal actions, either filed before the institution of the criminal action, or
reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the
Revised Rules Of Criminal Procedure.

Report prepared by:

Antivola, Maria Lorraine D.
Belga, Paulino III C.
Mabelin, Ma. Zaira L.