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    San Beda - Remedial Law 2011 PDF

    Uploaded by

    Jayson Jay Parra Ison

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    © All Rights Reserved
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    eee y San Beda College of Law ih 2011 CENTRALIZED BAR OPERATIONS REMEDIAL LAW memory atic) Civil Procedure Special Civil Actions Special Proceedings Criminal Procedure Evidence Special Laws ‘San Beda College of Lato 2011 CENTRALIZED BAR OPERATIONS ADMINISTRATION Dean Virgilio B. Jara Vice Dean Pablito A. Perez ADVISER Atty. Marciano G. Delson EXECUTIVE COMMITTEE EZEKIEL JOSHUA VILLENA overall chairperson MINISTER MOISES DU chairperson for academics DJOANIVIE JOMARE JUNASA chairperson for hotel operations MARIE MICAELA STA. ANA vice-chairperson for operations MIKHAIL MAVERICK TUMACDER vice-chairperson for secretariat JACKIE LOU LAMUG vice-chairperson for finance DIANA JEAN TUAZON vice-chairperson for edp JASSEN RALPH LEE vice-chairperson for logistics SUBJECT COMMITTEES LOURESSE PATRICIA JANE SORIASO political law HAROLD CHRISTIAN TALLEDO labor law and social legislation JESUS ERICK STA. BARBARA civil law JOSE ANGELITO ILANO taxation law SARAH JEANE CARDONA commercial law JO ANN MARIE CASIO criminal law RYAN MERCADER remedial law AUFELENE ANNE LAXAMANA legal ethics and practical exercises ‘an Beda College of Law 2011 CENTRALIZED BAR OPERATIONS REMEDIAL LAW COMMITTEE SUBJECT CHAIR RYAN MERCADER ASSISTANT SUBJECT CHAIR MARIA DESIREE FEDERIO EDP IVA FREYRITZ ERICA CAYABAN SUBJECT HEADS JANNA MAE TECSON and KRISTINE TUPAZ civil procedure KAREN KRISTI LACAP special civil actions MYRTLE CALVAN special proceedings KIMBERLY JOY BARAOIDAN criminal procedure CRISALYN LUMANGLAS evidence c HANZEL SANTOS special laws MEMBERS Ethel Joy Arriola, Glory Grace Arugay, Mark Joseph Ayo, Kriselle Balmes, Elizabeth Mae Bongalonta, Venice Buagnin, Diana Fajardo, lan Daniel Galang, Erika Gallego, Nicole Rose Margaret Jamilla, Frances Dyan Lim, Jane Kathyrine Lim, Ali Lorraine Manrique, Roniel Munoz, Kevin Averell Pangan, Ramiila Quinto, Beverly Quintos, Lee Realino Reyes, Lyndon Rutor, Ednalyn Saron, Carlo Tabaloc, Norliza Villanueva, Jose Angelo David, Kamilie Deanne Lagasca, Raynan Larosa ADVISERS Dean Virgilio B. Jara Vice Dean Pablito A. Perez Judge Selma P. Alaras Judge Wilhelmina Jorge-Wagan Atty. Plaridel J. Bohol, It — Pee YF San Beda College of Law ey 2011 CENTRALIZED BAR OPERATIONS TABLE OF CONTENTS Introduction... Jurisdiction. Civil Cases (MTC, RTO Civil Cases (CA, SC). Criminal Cases (MTC, RTC, Sandiganbayan). Criminal Cases (CA, SC). Shari‘ah Courts, Civil Procedure. Matrix on Provisional Reme: Special Civil Actions... Venue and Jurisdiction... Special Proceeding Rules on Guardianship of Minors. Rules on Domestic Adoption.. Inter-Country Adoption Rule on Custody of Minors and Writ of Habeas Corpus in Relation to the Custody of Minors... Rule on the Writ of Amparo. Rule on the Writ of Habeas Data. RA 9048 (Clerical Error Act).. Comparative Chart of Habeas Corpus, Writ of Amparo and Habeas Dat: Venue and Jurisdiction of Special Proceedings. Criminal Procedure. Evidence... Anti-Wiretapping Act. Rule on DNA Evidence. Rule on Examination of Child Witness. Witness Protection, Security and Benefit Act... E-Commerce Law... Rules on Electronic Evidence. 218 330 356 364 365 ‘San Beda College of Lao 2011 CENTRALIZED BAR OPERATIONS Special Laws Katarungang Pambarangay... 375 Rule of Procedure for Small Claims Cases. 378 Revised Rules on Summary Procedure. 381 Rules of Procedure for Environmental Cases. 385 Alternative Dispute Resolution Act of 2004. 390 Special Rules of Court on ADR... 398 Guidelines in the Conduct of Pre trial and Deposition Discovery Measures. 406 PHILIA Resolution No. 06-22 (Juris Project). 407 Re: Proposed Rule on Provisional Orders.. 409 Declaration of Absolute Nullity of Void Marriages and Annulment/Legal Separation... 410 Proposed Rule on Commitment of Children. 416 Rule on Juveniles in Conflict with the Law... 418 Judiciary Act of 1948, 422 Annex Annulment of Voidable Marriages. 424 Procedure for Declaration of Absolute Nullity of Void Marriages. ~ 425 Annulment of Voidable Mariages and d Lega Separation 426 Bibliography... a : 427 This is the intellectual property of the San Beda College of Law 2011 Centralized Bar Operations. Unauthorized use and reproduction of this material is prohibited. San Beda College of Lato 2011 CENTRALIZED BAR OPERATIONS INTRODUCTION Cy ae accurate because only jurisdiction over the Subject matter Is conferred by substantive Wsthat port ofthe | refers fo the low which creates, |legoloton providing law. Jurisdiction over the partes, issues efines 0° reans or methods and resis governed by procedural aw. regulates rights [whereby causes of Eoncemingite, | sedon ansy be REQUISITES FOR THE VALID EXERCISE ery or property or effectuate, wrongs OF JURISDICTION thepowersor ecressed and let agencies of 2biained faiso known 3. That it must have jursciction over the instoumentaiies for | as ADJECTIVE LAW). the administration of parsons of the parties. ube affairs a Temakes vested | ha NO vested Mahi en fight possible, Py ara This prospecivein | i'governa acts and ee Mls acquired other by optcation. transactions weil took eet aeeenee place (Revoactve). _ Complaint petition or | appearance n court Teannotbe enacted |The Supreme Court iniatory pleeding ‘and his submission to bythe Supreme expressly empowered its authorty, orby Coun. to promuigate service of summons oF procedural rues. not there has been grave abuse of A rrtageal ‘+ Jurisdiction over the subject matter is tnanng otto aa nrc a utc ones et ee Government (Section 1, Article Vill, 1987 Ht A i F8ysis conferred, by ta Constitution), voluntary, a The power of judicial review is the Suprema Court's POWER TO DECLARE a law, treaty, internationat or executive agreement. presidential decree, proclamation, order. instruction, ordinance, or regulation UNCONSTITUTIONAL, Jurisdiction (Latin: “juris” and “dio” | speak of the Jaw) is the power and authority of a court to try, hear, and decide a case and to cany its judgments into effect, + The statement that “Vurisdiation is erred by substantive Iav"is NOT FZEKIEL OSHA VALERA eral chotwersen, MINSTER MOISES. IP creme ‘liner tor ect INCE LOM LANG ss hls fo Sil stages of the 1 arabs, DONATE JORIARE JUNASA inmanen fo ocr MRAN MAVERKK TUMACDER vce ‘ne, HAAN BAW THAZON vice chaiperson fr edp ASSEN YAN MERCADTE subjut cho, RAIA DESIRE. FLIND ext slat sf MA YON HL ¢AYARA cp, JANA MA THesOW oat occ, KAREN HNSIE AAP 00 emaens: tel Joy ios, Glory uaee Arugay Mav Jos ys Rielle es am Danke Giang Eiko Gallago, Mote Rose Marge ita, Panis Dy Kevin Averell Pan. mln Ohanto, very Thang, Lew feskno Ry Viaevas ose Angee Dav, Karle se agit ayn Lama gr, Dana jd, ine Monique Rona! Moz, nd tor hab Sinan, Cada Taba, Nolan REMEDIAL LAW INTRODUCTION proceedings before the trial court and invoked its authority by asking for an aifirmative relief (Solven vs, Fastforms, Ine. G.R. No. 139031, Oct 18, 2004) ‘+ _ Jurisdiction is governed by the law atthe time the action is COMMENCED, withheld from the plenary powers of the court. + LIMITED jurisdiction ~ Exercised over and extends only to particular or specified cases. As to NATURE of the Cause: ‘+ ORIGINAL jurisdiction — Exercised by ‘Couns in the first instance, + APPELLATE jurisdiction — Exercised 5. That it must have jurisdiction over the res by @ superior court to review and (thing or property tinder tigation). decide cases previously decided by a + tis acquired eitner by the seizure of lower court now elevated for judicial the property under legal process or as review. @ result of the institution of legal Proceedings, in which the power of the AS to Nature and Extent of EXERCISE: court Is recognized and made + EXCLUSIVE jurisdiction ~ Confined to effective, @ particular court to the exclusion of other courts. 6. That it must have jurisdiction over the + CONCURRENT — jurisdiction = Perisins fo the authority tohear and deode issues as raised in the pleadings or by their agreement in a pre-trial order or those tied by the implied consent of the panies, Eeaoebaes Rniceiat ‘Any act of tie court pursuantto such authority including the ‘decision an its consequences, ‘Where there is an exercise of jurisdiction In the absence cf jurisdiction, the court would be commiting an error of jurisdiction, Where on the other hand, the court acted Pertaining to different courts over the same subject matter at the same time and piace. When two or more courts have concurrent jurisdiction over a ‘case, the court which hes first validly acquired jurisdiction takes it to the exclusion of the others (also referred fo as confluent or coordinate jurisgiction) As to SITUS: + TERRITORIAL jurisdiction ~ Exercised within the limits of the place where the court is located, + EXTRA-TERRITORIAL jurisdiction — Exercised beyond the confines of the territory where the court is located. COURTS OF LAW vs. COURTS OF EQUITY A COURT OF LAW decides a case according to\what the promulgated law is while a COURT with jurisdiction but committed procedural errors or errors in the appreciation of the facts or of the law. the error would be a mete error of judgment, not of jvrisdietion [One where the court, often or quasijeczis! | somymitin te oo [body acts without or in \juriedetin. nodes excess ofjurisacton, or lerrare of proces or wth grave abuse of | misiakes'n the courts ___ fanatege Mrenders a dame” | Such an error does net vetloralestedave, [make te cots secon svar [Conte Cone CLASSIFICATION OF JURISDICTION 1. AS 10 GASES Trice! + GENERAL jurisdiction — San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Created by the Constitution, ‘Created by law. May be abolched by | ‘Cannel be abolished by Congress without | Congress by just ‘amending the simply repealing the Constitution, lew which croated those courts. ‘Ex The Court of Tax Appaals Ex The Supreme Cour SUPERIOR COURT Vs. INFERIOR COURT SUPERIOR COURTS refer to those courts which have the power of review or supervision ‘over another lower court while INFERIOR COURTS are those which, in relation to another are lower in rank and subject to review and supervision of the latter. COURTS OF RECORD : Those whose proceedings are enrolled and which are bound fo keep 2 written record of all. trials and proceedings handled by them. RA No. 6031 mandates all Municipal Trial Courts fo.be counts of record. POLICY OF JUDICIAL HIERARCHY This policy means that a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts, White itis true that the SC, CA, and the RTC have concurrent original jurisdiction to Issue writs of Certiorari, Prohibition and Mandamus, Such concurrence does not accord itigants unrestrained freedom of choice of the court to which the application for the writ may be itected. The application should be fled with the court of lower level unless the importance of the issue involved deserves the action of the court of higher level DOCTRINE OF JUDICIAL STABILITY OR NON INTERFERENCE General Rule: No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to ass upon or scrutinize and much less deciare as unjust a judgment of another court [Inusirial Enterprises Inc. vs. CA, GR. No. 88550, April 18, 1990). Exception: The doctrine of judicial stability does not apply where a third party claimant is involved (Santos vs. Bayhon, GR. No, 88643. huly 23. 1991) DOCTRINE OF JURISDICTION (Also Known As Continuity of Jurisdiction) ‘Once jurisdiction has been acquired, the court ‘etaing it until the final termination of the case. ADHERENCE TO General’ Rule: Law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases prior to its enactment Exceptions: 1. When the new law EXPRESSLY PROVIDES for a retroactive application; 2. When the change of jurisdiction is ‘CURATIVE in character. EXCLUSIONARY PRINCIPLE ‘The court first acquiring jurisdiction excludes all others. DOCTRINE OF PRIMARY JURISDICTION Under this doctrine, courts will not resolve a controversy involving @ question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the spectat knowledge and experience of said tribunal in determining technical and intricate matters of fact (Villffor vs CA, GR:No, 95694, Oct. 8, 1997) DOCTRINE OF ANCILLARY JURISDICTION it Involves the inherent or implied powers of the court to determine issues incidental to the exercise ofits primary jurisdiction Under its ancillary jurisdiction, @ court may determine all questions relative to the matters brought before it, regulate the manner in which 2 trial shall be conducted, determine the hours at hich the witnesses and lawyers may be ‘ORIGINAL, Noto: The adjusted usdictional ‘amount is based on Seo. Sof RA, 7691, this year boing the 25. year period ‘mentioned therein REMEDIAL LAW JURISDICTION 4. Actions invaling personal property, whose value does NOT exceed 300,000 or In Metro Manila the ‘amount does NOT exceed P400,000; | 2. 2. Demand for money NOT exceeding 'P300,000 or in Metro Manila NOT ‘exceeding P-400,000, Note: Exclusive of Jnterest, damages cof whatever kind, attomey’s foes, ‘Migation expenses, and costs DALEC), the amount of which must be specifically alleged but the fling fees | 4 ‘heroon shall be paid, + The exclusion of the term “damages of whatever kind” applies to cases where the | 5. damages are merely incidental to ‘or 8 consequence of the main ‘cause of action. However. in cases where the claim for damages Is ‘the main cause of action, oF one of the causes of action, the amount cof such claim shall be considered in determining the Jurisietion of | the cour 3 Probate proceadings (testate of intestete) where the gross value ofthe | ‘estate does NOT exceed P300,000 or | In Metro Manila the value does NOT exceed P400,000; | 4. Actions involving title to or possession | ofreal property. or anyintrest eran | winore the aaeesed vate oF rest theron deca NOT excaou Poa 00 or | intro tenia, does NOT exceed” | Psd a00: 5 Inclusion and exclusion of voters (BE. 883, Soc 126) ‘Admirally and maritime cases where demand or claim does NOT exceed P200,000 ot in Metro Manila, does NOT exosed P400.000 ‘Those covered by the Rules on Procedures 8 Forcible Entry and Uniawtut Betainer (FEUD) | | + wath jrsesition to resove issue of ‘ownership to determine ONLY the Issue of possession, + Inespective of the amount of ‘damages or unpaid rentals Sought lobe recovered Where stiomeystoosae | ENO ary ‘The action is incapable of pecuniary estimation; Tite to or possession of real property or any interest therein, the assessed value EXCEEDS P20,000 or EXCEEDS. 50,000 in Metto Monit ‘Admiralty and mertime cases where ‘demand or claim EXCEEDS P'300,000 or EXCEEDS F400,000 in eto. Mania Matters et Probate (testate & intestate) where gross value of the estate EXCEEDS P300,000 or EXCEEDS 400,600 in Metro Mania: All actions involving the contract of ‘mariage and family reltions (See RA, 18369 amending BP. 122) Family Courts now have exclusive orignal juriseiction over: 8.” Petitions for guardianship, custody of children, habeas corpus in elation to the later (but the SC and the CA have net been | oprived of their original jurisdiction): b. Petitions for adoption of chitdren ‘and the revocation tnereof .&. Complaints for annulment and Geciaration of nulity of mariage, matter rotating to marital status ‘anc property relations of husband and ‘wife oF those iwing togather Under diferent status ot sgreament, and petitions for issolution of conjugal partnership of gains ro >eieorrenesecen et Trelating to-pac ee [elhegencos aad ee Lee al carat SEBS PRs Dake > Bees CN 4 rina a: ap ca — ang “Egan Rbibesieraiaep sare | Beers Tany | Caitmauiesysereanig | order apatnetttiggccused or San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Deena {INFERIOR COURTS) eae ‘awarded, the samme shall NOT ‘exceed F20,000, b. Other civil cases, except probate proceedings, where the total Smount of the plaintf’s claim does, NOT exceed 100,000 oF does NOT exceed 200/000 in Metro Manila, exclusive of interests and costs (as amended by AM. No 02-17-09-SC, effective Noverber 25, 2002), Cea roe) defendant upon verified application by the complainant oF the victim for relief from abuse; 'b, The court may order the temporary cusiody of chikren in all ivi actions for their custody, support pendent it, including deduction from the salary, and use of conjugal home and other properties inal evil actions for ‘support 6. Cases NOT win the exclusive jurisaiction of any court, tnbunal ‘person or body exercising judi ‘Qua8i-uallal functions (general jurisdiction of RTC), 7. Cull actions and special proceedings faling within the exciusive orginal jurisdietion of Juvenile anc Domestic Relations Court and of Court af ‘Agrarian Relations 2s now provides by law 2, fil other cages where demend EXCLUSIVE of IDALEC oF the value of ‘the propery in contioversy EXCEEDS 'P00,000 or EXCEEDS P400,000 in Metro Manila; ® Under Sec. 6.2 ofthe Securtios and Regulations Code hear and decide {2 Cases involving devices oF schemes employed by or any acts fof the board of directors, business associates, its officers oF | pannership, amounting to fraud ‘ane misrepresentation which may ‘be detrimental to the intarest of the public andor of the siccknoiders, rtners members af associations eeestoarieaton aieseovns —— Conirovesieg ang ott eg conser oF parhetenip relat Gomirversies inte eletene soranimentah ee gor estporstors seeocialons Petitons of corporations ships of aoe Ueialedp the state of susgeeion ‘of vines ih Cae wnerg he aie i | 2, progety as covey ts bs but EE rrecesoag Niggeer ten matt tah ue Geldnares wnoweigeeenny nas ‘ho eumevenansett Eover is Tijer bute Unger the REMEDIAL LAW JURISDICTION civ CASES Care Te ee ize telgosttia eae ‘management of a Rehabilitation Receiver or Management Commies, CONCURRENT | Win RTC — NONE With SC — Actions affecting ambassadors, | Public ministers and consuls. | With $C, CA and Sandiganbayan — Issuance of writs of cetioran, prohibition, mandamus, habeas corpus, quo warranto, injunction agsinst lower courts, With SC, CA and Sanaiganbayan — issuance of writ of amparo and habeas data With MTC, ete. ~ NONE. With insurance Commissiones ~ Claims. NOT exceeding P 100,000, DELEGATED | ‘May be assigned by the SC to hear ‘cadastal or land registration cases where there Is no controversy aver the land or in| case of contested fands, the value does NOT exceed 100,000 I SPECIAL | Petition for Habeas Corpus OR application | SC ray designate certain branches of RTC ‘APPELLATE Cay EXCLUSIVE ORIGINAL CONCURRENT Note: While the Rules provide for jmisdiction ainong the RTC, OA, net SC, the’ same. is lif subject 10 the principte of HIERARCHY OF COURTS, sg cece | With Court of Appeals (Ca) for bail n criminal cases in the absence of all RTC judges in ne province or city, Prasat Cee ere ry Petitions tor certioran, prehitition or mandamus against 3. CA b COMELEC, = Goa; 4 Sanciganbayan, 8 Petitions for certiorari, prohibition or mandamus (CPR against RTC. hhabeas corpus, qin warraeo, b Petions for eeriorar. prohbation of mmaniamis against the ML to try exctusively criminal cases, juvente fond ‘domestic relations Gases, agrarian 2886, urban land reform cases not faling wslin the Jurisdiction of any quastjuciial body and other spectal cases in the interest of ust Al! cases decides by the lower courts mh ‘Mel’ respective territorial jriegition except decisions of ‘ower courts m tho exorcise of dolegatad juriscltion, Coo ameg eae San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Aan roe a Sega cies pursuant to Sec 4 OF Rule 65, With GA, the Sandiganbayan and RTC With CA, the Sanaiganbayan and RTC ‘3. Petitions for issuance of Writ of ‘© Petitions forissuance of Wit of “Amparo: ‘Amparo: Petitions for Habeas Data, where 4d. Petitions for Habeas Data, where {ne action involves public data or the action involves publie data or ‘government office. government office With the CA,, RTC and Sandiganbayan (With CA only unless otherwise provided by ‘a. Potiions for certiorar, prontstion or | Iaw ‘mandamus against inferior courts 2. Petitions for certiorari, prohibition ‘and other bodies; or mandamus égainst quasi- 'b.Petitons for habeas corpus end quo Judicial agencies (Ike CSC, C8AA, warranto, CTA, etes) (Amendments (> Rule 65, AM. No. 07-7-12-8C) with RTC ‘Actions against ambaesadore, her public | With the SC, RTC and Sandiganbayan ‘ministers and eoncule ‘2. Pettions fo certorar, prohibition or mandamus against inferior courts and other bodies: and b. Petitlone for habeae corpus and U0 warranto, APPELLATE | Review, revise, reverse, modify, oratfim on | Exclusive Appeliate jurisdiction over all appeal ar cerorar the following: final judgments, decisions, resolutions, 2. Allcases in which the Cconstitutonaity or vatty of any teealy, international o executive agreement, law, presidential decree, prostamation, order, Instruction, frdinance or regulation is in question; ‘Al 03588 Involving the legality of any tax. impact, essessment, or tll, or ‘any ponalty imposed in relation thoreto; Al cases in which the juridiction of ‘any lower courtis in esue; ‘Alleriminal cases in ii the penalty imposed is rectusion erpetva oF higher, All cases in which only an error or ‘evestion of law is involved orders or awards of RTC and quasiusiclal agencies except those faling within the appellate urisetion of the Supreme Coun in accordance wih the Consituton, Labor Code, BP. 129 and of subparagraph 1 af tne 3% paragraph ‘ate subperagraph 4 of °F the 2" paragraph of section 17. of the Judiciary Act of 1948. ‘ORIGINAL ‘EXCLUSIVE, Offenses punishable with imprisoament NoT exezesing 80 (6) years | which exces irrespective of the | years impr amount of fine, and | and regardless of other imposable accessory oF ogee on ‘soriont ane. a oot RRA yo ei on coer 2, dagen 2 | firespecive of kind, | under the exclush ws sae REMEDIAL LAW JURISDICTION Ce SUA ors ‘hereof, Sendiganbayan ©. Otter oftesos or felonies whethor 2 Offenses involing | Note: In cases where the Simple or comploxed Damage “T0 | only penalty 8 fine, the wrth other etmes, PROPERTY through | amount thereof sal | 2. The tender carsnatng ‘iminal negigence determine utsciston, it | thovoflonse ime s So, the amount EXCEED | andeele a pubic ofeal Note: In cases where he only | P4009." RTS nave | Seccpyinga mois fenaly is fie, the emourt | jufscition (adnr Cro | Sanatfadon “Seas rade thereof Shall” determine | 94) 27 and higher Jurscteton. fie amount does 3. The offense was NOT exceed P4000, TCs commited in relation to have jurssion (Adm: Cir 09. oie. 24) eCHEEEEHE i & Those covered by he | Farily Coun Criinat’ | Chand crminal Gasca Bed | Res on Summary cases nhere Dutsuant 10. an in connection Provesire: 2 Oneerrmore ofthe | with Executive Orser Now fe a" Violations of rate accused isfre brow | 14) and 140 (fled by PEGG) fawo, roles ond igneen (18) years reoultions toge but rot eae ». Visions ofthe than rine () yeas of rental aoe. oF @. Vilations of b_Wihare ons ofthe municipal or ity vicina minor srdinanees the te ofthe a. Violatons ct BP 22, | commassion of ne ctherwise own as | oftonse Bouncing Checks «Capes against mnors Law (Al. ie 09-11- |" Sogneabie uaer ine 07°50, etecve Apri | Bangerowe Org Act 18, 2003), 4. Vilations of RA e. Al other oiina |” Zora othenmse cases where the | frown athe penaly ‘S| "Sper Brovecn of imprscrment not | Cntren Agomnet | Sroveding 5 montne | Smid abace ! andor P 7.000 tre | Exploitation and irospecive of other | Belsminaan Aer Benalies or owl | smenaeay Ba fepities wnsing | 7650" ana theteflom and in | © Cabos ef domestic tienes’ imWving |” wolonce sgenat damage to property | Women and ition theough Samal nepligence wera the 7 Impossbie fino rot xeeding P40.000, over tise pel i we 7 | excittive otne San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Ce oi Pe OTN Z Cos "APPELLATE, ‘AI cases decided by the | Appeals from the fin MTC in their reepactive terttrial jurisdiction, judgments, — resolutions orders of regular courts where all the accused are oncupying positions lower thon salary Grade 27 or not otherwise covered by the precéding enumeration eet eemaa EXCLUSIVE | Patifion for cactiorad, prohibition and | Actions for annulment of judgment of the ORIGINAL | mandamus against Court of Appeals and | Regional Trial Courts | Sansiganbayan, ames of Terrorism under Human Security Act of 2007. ‘CONCURRENT | Wih tha” GA paltions for caviorar, | With the SC: peltions {or cerliorar, prohibition prohibition and mandamus against the | ans mandamus against the RTC's RIC ‘With the GA and RTC: petitions for With the SC and RTO: petitions for ceriora centorai, prohiption and mandamus pranbiiion ana mandamus against the MC's. against the MTC's, ‘APPELLATE | By petition for review on Gertorart By Notice of Appeal > From the cA: From the RTC in the exerdise of its original |< From the Senciganhayan; Jurisdiction, except those eppeatabie to the From the RTC wnore only an error | Senciganbeyan, (or question ofl is involved From the RTC where penalty imposed is Note: In People vs. Meteo, G.R Nes, | ractsion pempetua ‘or fe imprisonment of T47678-87, sluly 7. 2004 the Supreme | where a lesser penaky iS imposed but for Court held that while the Fundamental Law | ffatses commited on the same occasion of requires @ mandatory fever by ihe | whith arose out of the Same pecurrence that | Subceme Gourt of cases were the penalty | gave rise to the more eerous offense fr which | imposed is. rectusion perpalue, Ife | the penalty of death, raciusion perpetua, or ie imprisonment, or death, nowhere, however, | imprearment ie imposed (Section 3 Flo 122 has it proscribed an intermediate review. Hi | 38 amended by AM. No 00-8-09-SC). nly Io ensure. utmost ecumspesion | Before the peneky of death. reclesion | BY automatic review (ie. no notice of appeals | perpetua or fe imprisonment is imposes. | Necessary | the Court now “deems. wise and | From the RTC, in cases wherein the death | compeliig, to provide in these cases. | Penal lsimposed | | | twa by the Gout of Apulstwore tho | ose is elevated to the Supreme Court | By pttion fogs bilor determination by the Cour of Appeals “afirom the REGuiniciacs ss fon, particularly, the factual Issues, woukt [ower uaa ee ol | mininige. the” possi of an enor of | Serdkentayen.s=

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