COURT TESTIMONY

FINALS

Romeo R. Legaspi jr

IV-BS CRIM

A) WHAT IS THE DIFFERNCE BETWEEN MTC FROM AN RTC;

Regional Trial Courts (RTC), also known as Second Level Courts, are the highest regular trial courts
in the Philippines. It was formerly called as the Court of First Instance since the Spanish era. It
continued throughout its colonization under Spanish and Americans. After World War II, Republic Act
No. 296 or the Judiciary Act of 1948 was enacted to reinforce the jurisdictional powers of the Court of
First Instance. The Judiciary Reorganization Act of 1980, which reorganized the lower and
intermediate courts in the country, included the change of Court of First Instance to Regional Trial
Court.
IN TERMS OF CRIMINAL CASES, MTCs HAVE JURISDICTION OVER CASES WHERE THE PRESCRIBE PENALTY IS BELOW (6)
SIX YEARS IMPRISONMENT. THE RTC HAS JURISDICTION OVER CASES WHERE THE PENALTY IS ABOVE (6) SIX YEARS.

IN CIVIL CASES, MTCs HAVE JURISDICTION OVER CASES WHERE THE PRINCIPAL AMOUNT INVOLVED IS BELOW PHP
400,000.00 ABOVE THIS AMOUNT, THE RTCs HAVE JURISDICTION.

B) LIST ATLEAST 2 CASES THAT ARE FILED HEARED BEFORE THE MTC, DEFINE AND EXPLAIN EACH;

1.PROBATE PROCEEDINGS – IT IS A SPECIAL PROCEEDING MANDATORILY REQUIRED FOR THE PURPOSE OF

ESTABLISHING THE VALIDITY OF A WILL. NO WLL SHALL PASS EITHER THE REAL OR PERSONAL PROPERTY UNLESS IT IS
PROVED AND ALLOWED IN ACCORDANCE WITH THE RULES OF COURT.

2.EJECTMENT (FORCIBLE ENTRY AND UNLAWFUL DETAINER) – ARE SUMMARY PROCEEDINGS DESIGNED TO
PROVIDE EXPEDITOUS MEANS TO PROTECT ACTUAL POSSESSION OR THE RIGHT TO POSSESSION OF THE PROPERTY
INVOLVED.

IN FORCIBLE ENTRY, ONE IS DEPRIVED OF PHYSICAL POSSESSION OF ANY LAND OR BUILDING BY MEANS OF FORCE,
INTIMIDATION, THREAT, STRATEGY, OR STEALTH. IN UNLAWFUL DETAINER, ONE UNLAWFULLY WITHHOLDS POSSESSION
THEREOF AFTER THE EXPIRIRATION OR TERMINATION OF HIS RIGHT TO HOLD POSSESION UNDER ANY CONTRACT,
EXPRESS OR IMPLIED.

C) LIST ATLEAST 5 CASES THAT ARE FILED AND HEARED BEFORE THE RTC, DEFINE AND EXPLAIN EACH;

1. Accion Publiciana
2.Accion Reinvidicatoria
3.Qualified Theft
4.Petition for Issuance of Writ of Habeas Corpus
5.Petition for Bail

1. ACCION PUBLICIANA – IS THE PLEANARY ACTION TO RECOVER THE RIGHT OF POSSESSION WHICH SHOULD BE
BROUGHT IN THE PROPER REGIONAL TRIAL COURT WHEN DISPOSSESSION HAS LASTED FOR MORE THAN ONE
YEAR. IT IS AN ORDINARY CIVIL PROCEEDING TO DETERMINE THE BETTER RIGHT OF POSSESION OF REALTY
INDEPENDENTLY OF TITLE.
 2. ACCION REINVIDICATORIA – A REMEDY TO RECOVER IMMOVABLE PROPERTY. THIS ACTION INVOLVES
RECOVERY OF OWNERSHIP OF REAL PROPERTY INCLUDING BUT NOT LIMITED TO POSSESSION.

3. QUALIFIED THEFT - IS COMMITTED WHEN A DOMESTIC SERVANT OR A PERSON WHO ABUSES THE CONFIDENCE
ENTRUSTED TO HIM/HER COMMITS THEFT.

4. PETITION FOR ISSUANCE OF WRIT OF HABEAS CORPUS - A VERIFIED PETITION FOR A WRIT OF HABEAS CORPUS
INVOLVING CUSTODY OF MINORS SHALL BE FILED WITH THE FAMILY COURT. THE PETITION MAY LIKEWISE BE FILED
WITH THE SUPREME COURT, COURT OF APPEALS, OR ANY OF ITS MEMBERS AND, IF SO GRANTED THE WRIT SHALL BE
ENFORCEABLE ANYWHERE IN THE PHILIPPINES.

5. PETITION FOR BALL – RELEASE OF AN ARRESTED OR IMPRISONED ACCUSED WHEN A SPECIFIED AMOUNT OF
SECURITY IS DEPOSITED OR PLEDGE (AS CASH OR PROPERTY) TO ENSURE THE ACCUSED’S APPERANCE IN THE COURT
WHEN ORDERED. IN CIVIL CASES, AN ACCUSED HAS A RIGHT TO BE RELEASED ON BALL BEFORE THE TRIAL.

D) WHAT IS THE CALENDAR OF CASES? EXPLAIN ITS USE AND PURPOSE?

A “CALENDAR’ IS THE COURTS TERM FOR THE SCHEDULE OF CASES APPEARING IN THE COURT ON A
PARTICULAR DAY. THIS MAY CONSIST OF CIVIL CASES IN CIVIL COURTS AND CRIMINAL CASES IN CRIMINAL COURTS.

E) WHAT IS THE PURPOSE AND ROLE OF CRIMINOLOGY STUDENTS IN THE PROSECUTION OF CRIMINALS?
THE PURPOSE AND ROLE OF CRIMINOLOGY STUDENTS IN THE PROSECUTION OF CRIMINALS IS KNOWING THE
ELEMENTS OF CRIME COMMITTED AND TO PROVIDE EVIDENCE IN THE COMMISSION OF CRIME.