1987 CONSTITUTION, Article VIII, Secs 1 and 5
- The arbitration
Section 1. The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
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.
RA 9285, Secs. 35 and 39
CHAPTER 6 - ARBITRATION OF CONSTRUCTION DISPUTES
SEC. 34. Arbitration of Construction Disputes: Governing Law.
of construction disputes shall be governed by Executive Order No. 1008, otherwise
known as the Constitution Industry Arbitration Law.
SEC. 35. Coverage of the Law. - Construction disputes which fall within the original
and exclusive jurisdiction of the Construction Industry Arbitration Commission (the
"Commission") shall include those between or among parties to, or who are otherwise
bound by, an arbitration agreement, directly or by reference whether such parties are
project owner, contractor, subcontractor, quantity surveyor, bondsman or issuer of an
insurance policy in a construction project.
SEC. 39. Court to Dismiss Case Involving a Construction Dispute. - A regional
trial court which a construction dispute is filed shall, upon becoming aware, not later
than the pretrial conference, that the parties had entered into an arbitration to be
conducted by the CIAC, unless both parties, assisted by their respective counsel,
shall submit to the regional trial court a written agreement exclusive for the Court,
rather than the CIAC, to resolve the dispute.
BP 129, as amended by RA 7691
BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
CHAPTER I
COURT OF APPEALS
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.)
CHAPTER II
REGIONAL TRIAL COURTS
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*)
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise
exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction
of any court, tribunal or body, except those now falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter.
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.
Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court takes
cognizance of juvenile and domestic relation cases and/or agrarian cases, the special
rules of procedure applicable under present laws to such cases shall continue to be
applied, unless subsequently amended by law or by rules of court promulgated by the
Supreme Court.
CHAPTER III
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS
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
 (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)
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.
Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except
those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit
Trial Courts shall have authority to conduct preliminary investigation of crimes alleged
to have been committed within their respective territorial jurisdictions which are
cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in accordance with the procedure
prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No.
911: Provided, however, That if after the preliminary investigation the Judge finds
a prima facie case, he shall forward the records of the case to the Provincial/City
Fiscal for the filing of the corresponding information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal
complaint filed with him for preliminary investigation, unless after an examination in
writing and under oath or affirmation of the complainant and his witnesses, he finds
that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the
Philippines.
Section 38. Judgments and processes. –
(1) All judgments determining the merits of cases shall be in writing, stating
clearly the facts and the law on which they were based, signed by the Judge
and filed with the Clerk of Court. Such judgment shall be appealable to the
Regional Trial Courts in accordance with the procedure now prescribed by
law for appeals to the Court of First Instance, by the provisions of this Act,
and by such rules as the Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts, in cases falling within their
jurisdiction, may be served anywhere in the Philippines without the necessity
of certification by the Judge of the Regional Trial Court.
CHAPTER IV

GENERAL PROVISIONS
Section 39. Appeals. – The period for appeal from final orders, resolutions, awards,
judgments, or decisions of any court in all cases shall be fifteen (15) days counted
from the notice of the final order, resolution, award, judgment, or decision appealed
from: Provided however, That in habeas corpus cases, the period for appeal shall be
forty-eight (48) hours from the notice of the judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu thereof, the entire
record shall be transmitted with all the pages prominently numbered consecutively,
together with an index of the contents thereof.
This section shall not apply in appeals in special proceedings and in other cases
wherein multiple appeals are allowed under applicable provisions of the Rules of
Court.
Section 40. Form of decision in appealed cases. – Every decision of final resolution
of a court in appealed cases shall clearly and distinctly state the findings of fact and
the conclusions of law on which it is based, which may be contained in the decision or
final resolution itself, or adopted by reference from those set forth in the decision,
order, or resolution appealed from.
Section 45. Shari'a Courts. – Shari'a Courts to be constituted as provided for in
Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal
Laws of the Philippines," shall be included in the funding appropriations so provided in
this Act.
RA 8369
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 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.

1991 Revised Rules on Summary Procedure, Sec 1(a)
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 Trial Courts in the following cases falling within their
jurisdiction
A. Civil Cases
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered. Where attorney's fees are
awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the
plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of
interest and costs.
Revised Rules of Procedure for Small Claims Secs 2 and 5
Section 2. Scope. - These Rules shall govern the procedure in actions before the
Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs),
Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) for
payment of money where the value of the claim does not exceed Two Hundred
Thousand Pesos (P200,000.00) exclusive of interest and costs.
Section 5. Applicability. - The Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule
in all actions that are purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money.
The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For liquidated damages arising from contracts;
(c) The enforcement of a barangay amicable settlement or an arbitration
award involving a money claim covered by this Rule pursuant to Sec. 417 of
Republic Act 7160, otherwise known as The Local Government Code of
1991.
PD 1606 as amended, Sec. 4
SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive 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, 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 and 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 higher
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 the 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 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.
“Provided, That the Regional Trial Court shall have exclusive original jurisdiction
where the information: (a) does not allege any damage to the government or any
bribery; or (b) alleges damage to the government or bribery arising from the same or
closely related transactions or acts in an amount not exceeding One million pesos
(P1,000,000.00).
“Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial
region other than where the official holds office.
“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 and
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
jurisdictions as provided in Batas Pambansa Blg. 129, as amended.
“The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial courts whether in the exercise of their
own original jurisdiction or of 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 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 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 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.”
PD 1083
PRESIDENTIAL DECREE No. 1083
A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE
SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS,
AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES
BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES AND RENDITION OF LEGAL
OPINIONS
TITLE I
THE SAHRI'A COURTS
Article 137. Creation. There are hereby created as part of the judicial system, courts
of limited jurisdiction, to be known respectively as Shari'a District Courts and Shari'a
Circuit Courts, which shall exercise powers and functions in accordance with this
Title.
Shari'a courts and the personnel thereof shall be subject to the administrative
supervision of the Supreme Court.
Chapter One
SHARI'A DISTRICT COURTS
Article 143. Original jurisdiction.
(1) The Shari'a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity
and filiation arising under this Code;
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(c) Petitions for the declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title VI of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties
are Muslims, if they have not specified which law shall govern their
relations; and

(e) All petitions for mandamus, prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary writs and processes in aid of
its appellate jurisdiction.
(2) Concurrently with existing civil courts, the Shari'a District Court shall have
original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home,
change of name and commitment of an insane person to an
asylum;
(b) All other personal and real actions not mentioned in paragraph 1
(d) wherein the parties involved are Muslims except those for
forcible entry and unlawful detainer, which shall fall under the
exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief
wherein the parties are Muslims or the property involved belongs
exclusively to Muslims.
Article 144. Appellate jurisdiction.
(1) Shari'a District Courts shall have appellate jurisdiction over all cases tried
in the Shari'a Circuit Courts within their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case appealed to it on the
basis of the evidence and records transmitted as well as such memoranda,
briefs or oral arguments as the parties may submit.
Article 145. Finality of decision. The decisions of the Shari'a District Courts whether
on appeal from the Shari'a Circuit Court or not shall be final. Nothing herein contained
shall affect the original and appellate jurisdiction of the Supreme Court as provided in
the Constitution.
Article 148. Special procedure. The Shari'a District Courts shall be governed by such
special rules of procedure as the Supreme Court may promulgate.
Article 149. Applicability of other laws. The provisions of all laws relative to the
Courts of First Instance shall, insofar as they are not inconsistent with this Code, be
applicable to Shari'a District Courts.
Chapter Two
SHARI'A CIRCUIT COURTS
Article 155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive original
jurisdiction over;
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims or
have been married in accordance with Article 13 involving disputes relating
to:
(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties.
Article 158. Special procedure. The Shari'a Circuit Courts shall be governed by such
special rules of procedure as the Supreme Court may promulgate.
Article 159. Applicability of other laws. The provisions of all laws relative to Municipal
Circuit Courts shall, to the extent that they are not inconsistent with this Code, be
applicable to the Shari'a Circuit Courts.
Katarungang Pambarangay Law; PD 1508
PRESIDENTIAL DECREE No. 1508 June 11, 1978
(repealed by R.A. 7160)
ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE
BARANGAY LEVEL
WHEREAS, the perpetuation and official recognition of the time-honored tradition of
amicably settling disputes among family and barangay members at the barangay level
without judicial resources would promote the speedy administration of justice and
implement the constitutional mandate to preserve and develop Filipino culture and to
strengthen the family as a basic social institution;
WHEREAS, the indiscriminate filing of cases in the courts of justice contributes
heavily and unjustifiably to the congestion of court dockets, thus causing a
deterioration in the quality of justice;
WHEREAS, in order to help relieve the courts of such docket congestion and thereby
enhance the quality of justice dispensed by the courts, it is deemed desirable to
formally organize and institutionalize a system of amicably settling disputes at the
barangay level;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree the
following:
Section 1. Lupong Tagapayapa
a) Creation. There is hereby created in each barangay a body to be known
as Lupong Tagapayapa (hereinafter referred to as Lupon) composed of the
Barangay Captain as chairman and not less than ten (10) nor more than
twenty (20) members, to be constituted every two years in the following
manner:
1. Any suitable person actually residing or working in the barangay,
not otherwise expressly disqualified by law, and taking into account
considerations of integrity, impartiality, independence of mind,
sense of fairness, and reputation for probity, including educational
attainment, may be appointed member;
2. A notice to constitute the Lupon, which shall include the names
of proposed members who have expressed their willingness to
serve, shall be prepared by the Barangay Captain within thirty (30)
days after this Decree shall have become effective, and thereafter
within the first ten (10) days of January of every other year. Such
notice shall be posted in three (3) conspicuous places in the
barangay continuously for a period of not less than three (3) weeks;
3. The Barangay Captain, taking into consideration any opposition
to the proposed appointment or any recommendation/s for
appointment as may have been made within the period of posting,
shall within ten (10) days thereafter, appoint as members those
whom he determines to be suitable therefor;
4. Appointments shall be in writing signed by the Barangay Captain
and attested by the Barangay Secretary;
5. The list of appointed members shall be posted in three (3)
conspicuous places in the barangay for the entire duration of their
term of office;
6. When used herein:
Barangay refers not only to barrios which were declared barangays by virtue
of Presidential Decree No. 557 but also to barangays otherwise known as
citizens assemblies pursuant to Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of the barrios which
declared barangay by virtue of Presidential Decree No. 557 and to the
Chairmen of barangays otherwise known as citizens assemblies pursuant to
Presidential Decree No. 86.
b) Oath and Term of Office. Upon appointment, each member shall take an
oath of office before the Barangay Captain. He shall hold office until
December 31 of the calendar year subsequent to the year of his appointment
unless sooner terminated by resignation, transfer of residence or place of
work, or withdrawal of appointment by the Barangay Captain with the
concurrence of the majority of all the members of the Lupon.
c) Vacancy, Lupon. Should a vacancy occur in the Lupon for any cause the
Barangay Captain shall as soon as possible appoint a suitable replacement.
The person appointed shall hold office only for the unexpired portion of the
term of the member whom he replaces.
d) Functions. The Lupon shall exercise administrative supervision over the
conciliation panels hereinafter provided for. It shall meet regularly once a
month (1) to provide a forum for the exchange of ideas among its members
and the public on matters relevant to the amicable settlement of disputes;
and (2) to enable the various panels to share with one another their
observation and experiences in effecting speedy resolution of disputes.
e) Secretary of the Lupon. The Barangay Secretary shall concurrently the
Secretary of the Lupon. He shall note the results of the mediation
proceedings before the Barangay Captain and shall submit a report thereon
to the proper city or municipal court. He shall also receive and keep the
records of proceedings submitted to him by the various conciliation panels.
He shall issue the certification referred to in Section 6 hereof.
f) Conciliation Panels. There shall be constituted for each dispute brought
before the Lupon a conciliation panel to be known as Pangkat ng
Tagapagkasundo (hereinafter referred to as Pangkat) consisting of three (3)
members who shall be chosen by agreement of the parties to the dispute
from the list of membership of the Lupon.
Should the parties fail to agree, they shall, in the presence of the Barangay
Captain or Secretary, make the selection in the following manner: one party,
determined by lot, shall strike out from the list one name; the other party
shall in turn strike out another; the parties shall thereafter continue
alternately to strike out names until there shall remain on the list only by four
(4), three (3) of whom shall be the members of the Pangkat, and the fourth,
to be determined by lot, shall be the alternate.
In the event any of the four (4) remaining names is, for cause to be passed
upon solely by the Barangay Captain, still objected to by any party, the
procedure provided for in paragraph (g) hereunder shall be followed.
Should there be more than one complainant or respondent, each side to the
dispute shall choose its representative to such striking-out process.
The three (3) members shall elect from among themselves the chairman and
the secretary of the Pangkat.
The secretary of the Pangkat shall keep minutes of its proceedings attested
by the chairman and submit a copy thereof to the Lupon Secretary and to the
proper city or municipal court. He shall issue and cause to be served notices
 to the parties and give certified true copies of any public record in his
custody that is not by law otherwise declared confidential.
g) Vacancy, Pangkat. Any vacancy in the Pangkat shall be filled by the
Barangay Captain from among the other members of the Lupon, to be
determined by lot.
h) Succession to or substitution for Barangay Captain. In the event the
Barangay Captain ceases to hold office or is unable to perform his duties
herein provided, the order of succession/substitution to his position as
provided by law shall be followed.
i) Character of Office. The members of the Lupon shall be deemed public
officers and persons in authority, within the meaning of the Revised Penal
Code.
j) Character of Service. The members of the Lupon or Pangkat shall serve
without any compensation or allowance whatsoever. Such service by any
Lupon or Pangkat member, whether he be in public or private employment,
shall be deemed to be on official time and no such member shall suffer any
diminution in compensation or allowances by reason thereof.
k) Legal advice. The Barangay Captain or any member of the Lupon or
Pangkat may, whenever he deems it necessary in the exercise of his
functions under this Decree, seek the advice of the legal adviser of the
provincial/city/municipal government.
Section 2. Subject matters for amicable settlement. The Lupon of each barangay
shall have authority to bring together the parties actually residing in the same city or
municipality for amicable settlement of all disputes except:
1. Where on party is the government, or any subdivision or instrumentality
thereof;
2. Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions;
3. Offenses punishable by imprisonment exceeding 30 days, or a fine
exceeding P200.00;
4. Offenses where there is no private offended party;
5. Such other classes of disputes which the Prime Minister may in the
interest of justice determine upon recommendation of the Minister of Justice
and the Minister of Local Government.
Section 3. Venue. Disputes between or among persons actually residing in the same
barangay shall be brought for amicable settlement before the Lupon of said barangay.
Those involving actual residents of different barangays within the same city or
municipality shall be brought inn the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant. However, all disputes
which involved real property or any interest therein shall be brought in the barangay
where the real property or any part thereof is situated.
The Lupon shall have no authority over disputes:
1. involving parties who actually reside in barangays of different cities or
municipalities, except where such barangays adjoin each other; and
2. involving real property located in different municipalities.
Objections to venue shall be raised in the mediation proceedings before the Barangay
Captain as provided for in Section 4(b) hereunder; otherwise, the same shall be
deemed waived. Any legal question which may confront the Barangay Captain in
resolving objections to venue herein referred to may be submitted to the Minister of
Justice whose ruling thereon shall be binding.
Section 4. Procedure for amicable settlement.
a) Who may initiate proceedings. Any individual who has a cause of action
against another individual involving any matter within the authority of the
Lupon as provided in Section 2 may complain orally or in writing, to the
Barangay Captain of the barangay referred to in Section 3 hereof.
b) Mediation by Barangay Captain. Upon receipt of the complaint, the
Barangay Captain shall, within the next working day summon the
respondent/s with notice to the complainant/s for them and their witnesses to
appear before him for a mediation of their conflicting interests. If he fails in
his effort within fifteen (15) days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of the Pangkat in
accordance with the provisions of Section 1 of this Decree.
c) Hearing before the Pangkat. The Pangkat shall convene not later than
three (3) days from its constitution, on the day and hour set by the Barangay
Captain, to hear both parties and their witnesses, simplify issues, and
explore all possibilities for amicable settlement. For this purpose, the
Pangkat may issue summons for the personal appearance of parties and
witnesses before it.
In the event that the party moves to disqualify any member of the Pangkat by
reason of relationship, bias, interest or any other similar ground/s discovered
after constitution of the Pangkat, the matter shall be resolved by the
affirmative vote of the majority of the Pangkat whose decision shall be final.
Should disqualification be decided upon, the procedure provided for in
paragraph (g) of Section 1 shall be followed.
d) Sanctions. Refusal or willful failure of any party or witness to appear in
compliance with the summons issued pursuant to the preceding two (2)
paragraphs may be punished by the city or municipal court as for direct
contempt of court upon application filed therewith by the Lupon Chairman,
the Pangkat Chairman, or by any of the parties. Further, such refusal or
willful failure to appear shall be reflected in the records of the Lupon
Secretary or in the minutes of the Pangkat Secretary and shall bar the
 complainant from seeking judicial recourse for the same cause of action, and
the respondent, from filing any counterclaim arising out of or necessarily
connected therewith.
Willful failure or refusal without justifiable cause on the part of any Pangkat
member to act as such, as determined by the vote of a majority of all the
other members of the Lupon, whose decision thereon shall be final, shall
result in his disqualification from public office in the city or municipality for a
period of one year.
e) Time limit. The Pangkat shall arrive at a settlement/resolution of the
dispute within fifteen (15) days from the day it convenes in accordance with
paragraph (c) hereof. This period shall, at the discretion of the Pangkat, be
extendible for another period which shall not exceed fifteen (15) days except
in clearly meritorious cases.
Section 5. Form of settlement. All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by them and attested by the
Barangay Captain or the Chairman of the Pangkat, as the case may be. When the
parties to the dispute do not use the same language/dialect, the settlement shall be
written in the languages; dialect known to them.
Section 6. Conciliation, pre-condition to filing of complaint. No complaint, petition,
action or proceeding involving any matter within the authority of the Lupon as
provided in Section 2 hereof shall be filed or instituted in court or any other
government office for adjudication unless there has been a confrontation of the
parties before the Lupon Chairman or the Pangkat and no conciliation or settlement
has been reached as certified by the Lupon Secretary or the Pangkat Secretary,
attested by the Lupon or Pangkat Chairman, or unless the settlement has been
repudiated. However, the parties may go directly to the court in the following cases:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings;
3. Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
4. Where the action may otherwise be barred by the Statute of Limitations.
Section 7. Arbitration. The parties may, at any stage of the proceedings, agree in
writing that they shall abide by the arbitration award of the Barangay Captain or the
Pangkat. Such agreement to arbitrate may within five (5) days from the date thereof,
he repudiated for the same grounds and in accordance with the procedure prescribed
in Section 13 hereof. The arbitration award shall be made after the lapse of the period
for repudiation and within ten (10) days thereafter.
The arbitration award shall be in writing in a language or dialect known to the parties.
When the parties to the dispute do not use the same language/dialect, the award shall
be written in languages/dialects known to them.
Section 8. Proceedings public; exception. All proceedings for settlement shall be
public and informal, Provided, that the Barangay Captain or the Pangkat, as the case
may be, may motu propio or upon request of a party exclude the public from the
proceedings in the interest of privacy, decency or public morals.
Section 9. Appearance of parties in person. In all other proceedings provided for
herein, the parties must appear in person without the assistance of
counsel/representative, with the exception of minors and incompetents who may be
assisted by their next of kin who are not lawyers.
Section 10. Admissions. Admissions made in the course of any proceedings for
settlement may be admissible for any purpose in any other proceeding.
Section 11. Effect of amicable settlement and arbitration award. The amicable
settlement and arbitration award shall have the force and effect of a final judgment of
a court, upon the expiration of ten (10) days from the date thereof unless repudiation
of the settlement has been made or a petition for nullification of the award has been
filed before the proper city or municipal court.
Section 12. Execution. The amicable settlement or arbitration award may be enforced
by execution within one (1) year from the date of the settlement. After the lapse of
such time, the settlement may be enforced by action in the appropriate city/municipal
court.
Section 13. Repudiation. Any party to the dispute may, within ten (10) days from the
date of settlement, repudiate the same by filing with the Barangay Captain a
statement to that effect sworn to before him, where the consent is vitiated by fraud,
violence or intimidation. Such repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint, provided for in Section 6 hereof.
Section 14. Transmittal of settlement and arbitration award to court. The Secretary of
the Lupon shall transmit the settlement of arbitration award to the local city or
municipal court within five (5) days from the date of the award or from the lapse of
ten-day period for repudiating the settlement and shall furnish copies thereof to each
of the parties to the settlement and the Barangay Captain.
Section 15. Power to administer oaths. The Barangay Captain and members of the
Pangkat are hereby authorized to administer oaths in connection with any matter
relating to all proceedings provided for in this Decree.
Section 16. Administration; rules and regulations.
(a) The Minister of Local Government and Community Development shall
see to the efficient implementation and administration of this Decree. For this
purpose, he shall be empowered to promulgate rules and regulations, upon
consultation with the Minister of Justice. In the process, the Minister of Local
Government and Community Development may seek cooperation and
coordination from other departments, agencies or instrumentalities of the
National Government; and such departments, agencies or instrumentalities
are hereby directed to render assistance whenever so requested.
 (b) Without prejudice to the provisions of Section (k) hereof, legal questions
arising in the administration and implementation of this laws shall be
submitted to the Minister of Justice for resolution.
Section 17. Separability Clause. If, for any reason, any provision of this Decree shall
be held to be unconstitutional or invalid, no other provision hereof shall be affected
thereby.
Section 18. Appropriations. To carry out the purposes of this Decree, there is hereby
appropriated the sum of Twenty-five Million Pesos (P25,000,000.00) from the General
Funds for the current year. Thereafter, the appropriation for such funds as may be
necessary for the purpose shall be provided for in the General Annual Appropriation
Acts.
Section 19. Effectivity. This Decree shall take effect six (6) months after its
promulgation.
DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen
hundred and seventy-eight.
RA 7160 Secs 399-422, Book 3, Title, 1, Chapter 7
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong tagapamayapa,
hereinafter referred to as the lupon, composed of the punong barangay, as
chairman and ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided herein.
(b) Any person actually residing or working, in the barangay, not otherwise
expressly disqualified by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, may be
appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include the names of
proposed members who have expressed their willingness to serve, shall be
prepared by the punong barangay within the first fifteen (15) days from the
start of his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less
than three (3) weeks;
(d) The punong barangay, taking into consideration any opposition to the
proposed appointment or any recommendations for appointment as may
have been made within the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he determines to be suitable
therefor. Appointments shall be in writing, signed by the punong barangay,
and attested to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous
places in the barangay for the entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are members of
indigenous cultural communities, local systems of settling disputes through
their councils of datus or elders shall be recognized without prejudice to the
applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall
take an oath of office before the punong barangay. He shall hold office until a new
lupon is constituted on the third year following his appointment unless sooner
terminated by resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the majority of all the
members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the
punong barangay shall immediately appoint a qualified person who shall hold office
only for the unexpired portion of the term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided
herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members to
share with one another their observations and experiences in effecting
speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently
serve as the secretary of the lupon. He shall record the results of mediation
proceedings before the punong barangay and shall submit a report thereon to the
proper city or municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting of three (3) members who
shall be chosen by the parties to the dispute from the list of members of the
lupon.
Should the parties fail to agree on the pangkat membership, the same shall
be determined by lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the
 minutes of the pangkat proceedings and submit a copy duly attested to by
the chairman to the lupon secretary and to the proper city or municipal court.
He shall issue and cause to be served notices to the parties concerned.
The lupon secretary shall issue certified true copies of any public record in
his custody that is not by law otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen
by the parties to the dispute from among the other lupon members. Should the parties
fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the
lupon chairman.
Section 406. Character of Office and Service of Lupon Members. -
(a) The lupon members, while in the performance of their official duties or on
the occasion thereof, shall be deemed as persons in authority, as defined in
the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except
as provided for in Section 393 and without prejudice to incentives as
provided for in this Section and in Book IV of this Code. The Department of
the Interior and Local Government shall provide for a system of granting
economic or other incentives to the lupon or pangkat members who
adequately demonstrate the ability to judiciously and expeditiously resolve
cases referred to them. While in the performance of their duties, the lupon or
pangkat members, whether in public or private employment, shall be
deemed to be on official time, and shall not suffer from any diminution in
compensation or allowance from said employment by reason thereof.
Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial,
city legal officer or prosecutor or the municipal legal officer shall render legal advice
on matters involving questions of law to the punong barangay or any lupon or pangkat
member whenever necessary in the exercise of his functions in the administration of
the katarungang pambarangay.
Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon
of each barangay shall have authority to bring together the parties actually residing in
the same city or municipality for amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality
thereof;
(b) Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in the
interest of Justice or upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filed may, at any time before trial motu propio
refer the case to the lupon concerned for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay shall
be brought for amicable settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the respondent or
any of the respondents actually resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought
in the barangay where the real property or the larger portion thereof is
situated.
(d) Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study, shall
be brought in the barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the
punong barangay; otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the Secretary of Justice, or his
duly designated representative, whose ruling thereon shall be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the appropriate filing fee,
any individual who has a cause of action against another individual involving
any matter within the authority of the lupon may complain, orally or in writing,
to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
chairman shall within the next working day summon the respondent(s), with
notice to the complainant(s) for them and their witnesses to appear before
him for a mediation of their conflicting interests. If he fails in his mediation
effort within fifteen (15) days from the first meeting of the parties before him,
 he shall forthwith set a date for the constitution of the pangkat in accordance
with the provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute is under
mediation, conciliation, or arbitration, the prescriptive periods for offenses
and cause of action under existing laws shall be interrupted upon filing the
complaint with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complainant or the certificate of
repudiation or of the certification to file action issued by the lupon or pangkat
secretary: Provided, however, That such interruption shall not exceed sixty
(60) days from the filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for disqualification - The pangkat
shall convene not later than three (3) days from its constitution, on the day
and hour set by the lupon chairman, to hear both parties and their witnesses,
simplify issues, and explore all possibilities for amicable settlement. For this
purpose, the pangkat may issue summons for the personal appearance of
parties and witnesses before it. In the event that a party moves to disqualify
any member of the pangkat by reason of relationship, bias, interest, or any
other similar grounds discovered after the constitution of the pangkat, the
matter shall be resolved by the affirmative vote of the majority of the pangkat
whose decision shall be final. Should disqualification be decided upon, the
resulting vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement
or resolution of the dispute within fifteen (15) days from the day it convenes
in accordance with this section. This period shall, at the discretion of the
pangkat, be extendible for another period which shall not exceed fifteen (15)
days, except in clearly meritorious cases.
Section 411. Form of settlement. - All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by them, and attested to by the lupon
chairman or the pangkat chairman, as the case may be. When the parties to the
dispute do not use the same language or dialect, the settlement shall be written in the
language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - 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 the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to
court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by the statute of
limitations.
(c) Conciliation among members of indigenous cultural communities. - The
customs and traditions of indigenous cultural communities shall be applied in
settling disputes between members of the cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in writing that
they shall abide by the arbitration award of the lupon chairman or the
pangkat. Such agreement to arbitrate may be repudiated within five (5) days
from the date thereof for the same grounds and in accordance with the
procedure hereinafter prescribed. The arbitration award shall be made after
the lapse of the period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to
the parties. When the parties to the dispute do not use the same language or
dialect, the award shall be written in the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All proceedings for
settlement shall be public and informal: Provided, however, That the lupon chairman
or the pangkat chairman, as the case may be, may motu proprio or upon request of a
party, exclude the public from the proceedings in the interest of privacy, decency, or
public morals.
Section 415. Appearance of Parties in Person. - In all katarungang pambarangay
proceedings, the parties must appear in person without the assistance of counsel or
representative, except for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable
settlement and arbitration award shall have the force and effect of a final judgment of
a court upon the expiration of ten (10) days from the date thereof, unless repudiation
of the settlement has been made or a petition to nullify the award has been filed
before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the lupon under the
last paragraph of Section 408 of this Code, in which case the compromise or the
pangkat chairman shall be submitted to the court and upon approval thereof, have the
force and effect of a judgment of said court.
Section 417. Execution. - The amicable settlement or arbitration award may be
enforced by execution by the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the settlement may be enforced by action in
the appropriate city or municipal court.
Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from
the date of the settlement, repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint as hereinabove provided.
Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The
secretary of the lupon shall transmit the settlement or the arbitration award to the
appropriate city or municipal court within five (5) days from the date of the award or
from the lapse of the ten-day period repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and the lupon chairman.
Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the
lupong tagapamayapa, and the members of the pangkat are hereby authorized to
administer oaths in connection with any matter relating to all proceedings in the
implementation of the katarungang pambarangay.
Section 421. Administration; Rules and Regulations. - The city or municipal mayor,
as the case may be, shall see to the efficient and effective implementation and
administration of the katarungang pambarangay. The Secretary of Justice shall
promulgate the rules and regulations necessary to implement this Chapter.
Section 422. Appropriations. - Such amount as may be necessary for the effective
implementation of the katarungang pambarangay shall be provided for in the annual
budget of the city or municipality concerned.
SC Circular No. 09-94, effective 14 June 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.
RA 8799
REPUBLIC ACT NO. 8799
THE SECURITIES REGULATION CODE
Be it enacted by the Senate and the House of Representative of the Philippines in the Article 28. Unfair competition in agricultural, commercial or industrial enterprises or in
Congress assembled: labor through the use of force, intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right of action by the person
CHAPTER I who thereby suffers damage.

TITLE AND DEFINITIONS Article 1157. Obligations arise from:

CHAPTER II (1) Law;

SECURITIES AND EXCHANGE COMMISSION (2) Contracts;

Section 5. Powers and Functions of the Commission.– 5.1. xxx (3) Quasi-contracts;

5.2. The Commission’s jurisdiction over all cases enumerated under section 5 of (4) Acts or omissions punished by law; and
Presidential Decree No. 902-A is hereby transferred to the Courts of general
jurisdiction or the appropriate Regional Trial Court: Provided, That the Supreme Court (5) Quasi-delicts. (1089a)
in the exercise of its authority may designate the Regional Trial Court branches that
shall exercise jurisdiction over the cases. The Commission shall retain jurisdiction
over pending cases involving intra-corporate disputes submitted for final resolution
which should be resolved within one (1) year from the enactment of this Code. The
Commission shall retain jurisdiction over pending suspension of
payment/rehabilitation cases filed as of 30 June 2000 until finally disposed.

New Civil Code, Articles 9, 21, 26-28, 1157

Article 9. No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)

Article 21. Any person who wilfully causes loss or injury to another in manner that is
contrary to morals, good customs or public policy shall compensate the latter for the
damage.

Article 26. Every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly

station in life, place of birth, physical defect, or other personal condition.

Article 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file
an action for damages and other relief against the latter, without prejudice to any
disciplinary administrative action that may be taken.