Supreme Courts (Highest Instance)

The Supreme Court of the Philippines (is the Philippines' highest judicial court and final court of appeal. The Supreme Court
is composed of the Chief Justice and 14 Associate Justices. All justices are appointed by the President from a list of
recommendees presented by the Judicial and Bar Council for a term until they reach the age of 70.

Appellate Courts

The Court of Appeals reviews the decisions and orders of the Regional Trial Courts and decisions of the Court of Tax
Appeals. The Court of Appeals is composed (en banc) of the Presiding Justice and 69 Associate Justices. The court sits in
divisions composed of three members. The Court is located in Manilla and has subdivisions in Cebu City and Cagayan de
Oro City.

The Sandiganbayan is a specialized court which has jurisdiction over criminal and civil cases involving graft and corrupt
practices and such other offenses committed by public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law. (Art. XIII), 1973 Constitution. The
Sandiganbayan court sits in 5 divisions of three justices each , located in Manilla, Cebu City (Visayas region) and Cagayan
de Oro City (Mindanao region)

The Court of Tax Appeals was created under Republic Act No. 1125 and is a special court of limited jurisdiction. The court is
composed of a Presiding Justice and 8 Associate Justices.

Religious Appeal Courts

The Shari'a District Courts are equivalent in rank to the Regional Trial Courts and are established in certain specified
provinces where the Code of Muslim Personal Laws of the Philippines is being enforced.

Regional courts

Regional Trial Courts are established in the thirteen regions in the Philippines. (Regions I-XII and the National Capital
Region (NCR). A Region can have more than one regional trial court.

First Instance Courts

Every municipality in the Philippines has its own Municipal Trial Court. When the court covers two or more municipalities it
is called a Municipal Circuit Trial Court. Municipal Trial Courts in the towns and cities in the Metropolitan Manila area are
called Metropolitan Trial Courts.

Religious Courts

The Shari'a Circuit Courts are equivalent in rank to the Municial Circuit Trial Courts and are established in certain
municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. There are 51
Shari'a Circuit Courts.

 
PHILIPPINE JUDICIAL SYSTEM 
 
Background on the Philippine Judicial System
Philippine Judicial Hierarchy
Regular Courts
Special Courts
Collegiate Courts
Lower Courts
The Supreme Court
The Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Shari'a District Courts
Shari'a Circuit Courts
Municipal Trial Courts
Metropolitan Trial Courts
Municipal Circuit Trial Courts
Municipal Trial Courts in Cities
 

BRIEF BACKGROUND
 
The Constitution  
   
The Constitution of the Philippines ordains that judicial power shall be vested in one Supreme Court and such lower courts as
may be established by law. [Section 1, Art. VIII, 1987 Constitution).  
   
The Law  
   
Under Philippine laws [Judiciary Reorganization Act of 1980 (Batas Pambansa Bilang 129) which took effect on January 18,
1983 and other laws] the Philippine judicial system consists of the following courts:  
   
Lower Courts  
   
I. Municipal Trial Courts and Municipal Circuit Trial Courts 
Every municipality in the Philippines has its own Municipal Trial Court.  It is referred to as such if it covers only one
municipality; otherwise,  it is called Municipal Circuit Trial Court if it covers two or more municipalities.  
   
II. Metropolitan Trial Courts and Municipal Trial Courts in Cities  
   
Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political
subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.  
   
In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts
in Cities.  
   
III. Regional Trial Courts  
   
Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the
National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.  
   
IV. Shari'a Courts  
   
Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which were established in certain specified
provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.  
   
Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain
municipalities in Mindanao.  
   
There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.  
   
V. Court of Tax Appeals  
   
A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the
exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the
Commissioner of Customs on certain specific issues.   
   
VI. Sandiganbayan  
   
A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction
over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic
Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including
those employees in government-owned or controlled corporations.   
   
VII. Court of Appeals  
   
The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices  is vested with jurisdiction over
appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions.   
   
The Highest Court - Supreme Court  
     
The Supreme Court is the highest Court in the Philippines.  There is only one Supreme Court composed of one Chief Justice
and fourteen Associate Justices. It is the final arbiter of any and all judicial issues.  When so deciding, it may sit en banc or in
divisions of three, five or seven members.   

The Regular Courts

The following are the regular courts in the Philippines:

o Supreme Court

o Court of Appeals

o Regional Trial Courts

o Metropolitan Trial Courts

o Municipal Trial Courts in Cities

o Municipal Trial Courts 

o Municipal Circuit Trial Courts

The Special Courts

The following are the special courts in the Philippines:

o Sandiganbayan

o Court of Tax Appeals

 o Shari'a District Courts

o Shari'a Circuit Courts

The Collegiate Courts

The following are the collegiate courts in the Philippines:

o Supreme Court

o Court of Appeals

o Sandiganbayan

o Court of Tax Appeals

The Lower Courts

The following are the lower courts in the Philippines:

o Court of Apeals

o Sandiganbayan

o Court of Tax Appeals

o Regional Trial Courts

o Metropolitan Trial Courts

o Municipal Trial Courts in Cities

o Municipal Trial Courts 

o Municipal Circuit Trial Courts

o Shari'a District Courts

o Shari'a Circuit Courts

 
THE SUPREME COURT OF THE PHILIPPINES
 
   
The Constitution of the Philippines vests judicial power in one Supreme Court and such lower courts as may be established
by law. [Section 1, Art. VIII, 1987 Constitution).  
  
The Supreme Court is composed of one Chief Justice and fourteen Associate Justices, all of whom are appointed by the
President from a list of recommendees presented by the Judicial and Bar Council.   
      
The  members of the Supreme Court serve during good behavior until they reach the age of 70 or unless removed by
impeachment for any of the grounds provided by the Constitution.   
     
The Court sits either en banc or in divisions of three, five or seven members.   
 
PROCEDURE IN THE SUPREME COURT
[CIVIL]

 RULE 56-A ORIGINAL CASES

RULE 56-B APPEALED CASES

 
PROCEDURE IN THE SUPREME COURT
[CRIMINAL]

 RULE 125 - PROCEDURE IN THE SUPREME COURT

THE COURT OF APPEALS OF THE PHILIPPINES 

    The Court of Appeals was established under Batas Pambansa Bilang 129 known as "The Judiciary   Reorganization Act of
1980". The Court is composed of one Presiding Justice and sixty eight  (68) Associate Justices.  They are all appointed by the
President. The Court sits by divisions, each division being composed of three members. The Court may sit en banc for the
purpose of exercising administrative, ceremonial or other non-adjudicatory functions.  
      
   
AN ACT EXPANDING THE JURISDICTION OF THE COURT OF  APPEALS, AMENDING FOR THE PURPOSE
SECTION NINE OF BATAS  PAMBANSA BLG. 129, AS AMENDED,  KNOWN AS THE JUDICIARY 
REORGANIZATION ACT OF 1980 
 Republic Act No. 7902
          
    
AN ACT CREATING ADDITIONAL DIVISIONS IN THE COURT OF APPEALS, 
 INCREASING THE NUMBER OF COURT OF APPEALS JUSTICES FROM FIFTY-ONE (51)  TO SIXTY-NINE
(69), AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 129,  AS AMENDED OTHERWISE
KNOWN AS THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES 
 Republic Act No. 8246 
     
      
1999 INTERNAL RULES OF THE COURT OF APPEALS 
      
    
PROCEDURE IN THE COURT OF APPEALS  
[CIVIL] 
   

RULE 44 - ORDINARY APPEALED CASES

RULE 45 - APPEAL BY CERTIORARI TO THE SUPREME COURT

RULE 46 - ORIGINAL CASES

RULE 47 - ANNULMENT OF JUDGMENTS OR FINAL ORDERS   

                 AND RESOLUTIONS

RULE 48 - PRELIMINARY CONFERENCE

RULE 49 - ORAL ARGUMENT

RULE 50 - DISMISSAL OF APPEAL

RULE 51 - JUDGMENT

RULE 52 - MOTION FOR RECONSIDERATION

RULE 53 - NEW TRIAL

RULE 54 - INTERNAL BUSINESS

RULE 55 - PUBLICATION OF JUDGMENTS AND FINAL  

                RESOLUTION

     
   
PROCEDURE IN THE COURT OF APPEALS 
[CRIMINAL] 
   

 RULE 124 - PROCEDURE IN THE COURT OF APPEALS

THE SANDIGANBAYAN
 
The Sandiganbayan is a special court which was established under Presidential Decree No. 1606.  Its rank is equivalent to
the 
Court of Appeals. 
     
The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at the same time. 
      
The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City for cases
coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao
region. 
 
Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the required quorum for the particular
division cannot be had due to the legal disqualification or temporary disability of a Justice or of a vacancy occurring therein,
the Presiding Justice may designate an Associate Justice of the Court, to be determined by strict rotation on the basis of the
reverse order of precedence, to sit as a special member of said division with all the rights and prerogatives of a regular
member of said division in the trial and determination of a case or cases assigned thereto, unless the operation of the court
will be prejudiced thereby, in which case, the President shall, upon the recommendation of the Presiding Justice, designate
any Justice or Justices of the Court of Appeals to sit temporarily therein.
       
Read further the full text of the following laws:
 
AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE
SANDIGANBAYAN, AMENDING FOR THAT PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Republic Act No. 7975
 
AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN,  
 AMENDING FOR THE PURPOSE P. D. NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
 Republic Act No. 8249
 
THE OMBUDSMAN ACT OF 1989
Republic Act No. 6770

THE COURT OF TAX APPEALS OF THE PHILIPPINES

The Court of Tax Appeals was created under Republic Act No. 1125.  It is  a special court of limited jurisdiction. Republic
Act No. 9282 expanded the jurisdiction of the Court of Tax Appeals, elevating its rank to the level of a collegiate court with
special jurisdiction and enlarging its membership.

The Court of Tax Appeals (CTA) is now of the same level as the Court of Appeals, possessing all the inherent powers of a
Court of Justice, and shall consist of a Presiding Justice and five (5) Associate Justices. The incumbent Presiding Judge and
Associate Judges shall continue in office and bear the new titles of Presiding Justice and Associate Justices. The Presiding
Justice and the most Senior Associate Justice shall serve as chairmen of the two (2) Divisions. The additional three (3)
Justices and succeeding members of the Court shall be appointed by the President upon nomination by the Judicial and Bar
Council. The Presiding Justice shall be so designated in his appointment, and the Associate Justices shall have precedence
according to the date of their respective appointments, or when the appointments of two (2) or more of them shall bear the
same date, according to the order in which their appointments were issued by the President. They shall have the same
qualifications, rank, category, salary, emoluments and other privileges, be subject to the same inhibitions and
disqualifications, and enjoy the same retirements and other benefits as those provided for under existing laws for the
Presiding Justice and Associate Justices of the Court of Appeals.

The Presiding Justice and Associate Justices shall hold office during good behavior, until they reach the age of seventy (70),
or become incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same
manner provided by law for members of the judiciary of equivalent rank."

The CTA may sit en banc or in two (2) Divisions, each Division consisting of three (3) Justices.

Four (4) Justices shall constitute a quorum for sessions en banc and two (2) Justices for sessions of a Division: Provided, That
when the required quorum cannot be constituted due to any vacancy, disqualification, inhibition, disability, or any other
lawful cause, the Presiding Justice shall designate any Justice of other Divisions of the Court to sit temporarily therein.

The affirmative votes of four (4) members of the Court en banc or two (2) members of a Division, as the case may be, shall
be necessary for the rendition of a decision or resolution.

The CTA shall have a Clerk of Court and three (3) Division Clerks of Court who shall be appointed by the Supreme Court.
No person shall be appointed Clerk of Court or Division Clerk of Court unless he is duly authorized to practice law in the
Philippines. The Clerk of Court and Division Clerks of Court shall exercise the same powers and perform the same duties in
regard to all matters within the Court’s jurisdiction, as are exercised and performed by the Clerk of Court and Division Clerks
of Court of the Court of Appeals, in so far as the same may be applicable or analogous; and in the exercise of those powers
and the performance of those duties they shall be under the direction of the Court. The Clerk of Court and the Division Clerks
of Court shall have the same rank, privileges, salary, emoluments, retirement and other benefits as those provided for the
Clerk of Court and Division Clerks of Court of the Court of Appeals, respectively.

No Justice or other officer or employee of the CTA shall intervene, directly or indirectly, in the management or control of
any private enterprise which in any way may be affected by the functions of the Court. Justices of the Court shall be
disqualified from sitting in any case on the same grounds provided under Rule one hundred thirty-seven of the Rules of Court
for the disqualification of judicial officers. No person who has once served in the Court in a permanent capacity, either as
Presiding Justice or as Associate Justice thereof, shall be qualified to practice as counsel before the Court for a period of one
(1) year from his retirement or resignation.
The CTA shall have its principal office in Metro Manila and shall hold hearings at such time and place as it may, by order in
writing, designate.

The CTA shall exercise jurisdiction as follows:chan robles virtual law library

a. Exclusive appellate jurisdiction to review by appeal, as herein provided:

1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other
laws administered by the Bureau of Internal Revenue;

2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relations thereto, or other matters arising under theNational Internal Revenue
Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a
specific period of action, in which case the inaction shall be deemed a denial;

3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in
the exercise of their original or appellate jurisdiction;

4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges,
seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters
arising under the Customs Law or other laws administered by the Bureau of Customs;

5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;

6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;

7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing
duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act
No. 8800, where either party may appeal the decision to impose or not to impose said duties.

b. Jurisdiction over cases involving criminal offenses as herein provided:

1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue
Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs:
Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount o taxes and fees,
exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) or where there is no specified
amount claimed shall be tried by the regular Courts and the jurisdiction of the CTA shall be appellate. Any provision of law
or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery
of civil liability for taxes and penalties shall at all times be simultaneously instituted with, and jointly determined in the same
proceeding by the CTA, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filling of such civil action separately from the criminal action will be recognized.

2. Exclusive appellate jurisdiction in criminal offenses:

a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by
them, in their respected territorial jurisdiction.

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

c. Jurisdiction over tax collection cases as herein provided:

1. Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and
penalties: Provided, however, That collection cases where the principal amount of taxes and fees, exclusive of charges and
penalties, claimed is less than One million pesos (P1,000,000.00) shall be tried by the proper Municipal Trial Court,
Metropolitan Trial Court and Regional Trial Court.

2. Exclusive appellate jurisdiction in tax collection cases:

a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally
decided by them, in their respective territorial jurisdiction.

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

The Court shall have the power to administer oaths, receive evidence, summon witnesses by subpoena duces tecum, subject
in all respects to the same restrictions and qualifications as applied in judicial proceedings of a similar nature. The Court
shall, in accordance with Rule seventy-one of the Rules of Court, have the power to punish for contempt for the same causes,
under the same procedure and with the same penalties provided therein.

Who May Appeal; Mode of Appeal; Effect of Appeal. – Any party adversely affected by a decision, ruling or inaction of the
Commissioner of Internal Revenue, the Commissioner of Customs, the Secretary of Finance, the Secretary of Trade and
Industry or the Secretary of Agriculture or the Central Board of Assessment Appeals or the Regional Trial Courts may file an
appeal with the CTA within thirty (30) days after the receipt of such decision or ruling or after the expiration of the period
fixed by law for action as referred to in Section 7(a)(2) herein.

Appeal shall be made by filing a petition for review under a procedure analogous to that provided for under Rule 42 of
the 1997 Rules of Civil Procedure with the CTA within thirty (30) days from the receipt of the decision or ruling or in the
case of inaction as herein provided, from the expiration of the period fixed by law to act thereon. A Division of the CTA shall
hear the appeal: Provided, however, That with respect to decisions or rulings of the Central Board of Assessment Appeals
and the Regional Trial Court in the exercise of its appellate jurisdiction appeal shall be made by filing a petition for review
under a procedure analogous to that provided for under rule 43 of the 1997 Rules of Civil Procedure with the CTA, which
shall hear the case en banc.

All other cases involving rulings, orders or decisions filed with the CTA as provided for in Section 7 shall be raffled to its
Divisions. A party adversely affected by a ruling, order or decision of a Division of the CTA may file a motion for
reconsideration of new trial before the same Division of the CTA within fifteen (15) days from notice thereof: Provide,
however, That in criminal cases, the general rule applicable in regular Courts on matters of prosecution and appeal shall
likewise apply.

No appeal taken to the CTA from the decision of the Commissioner of Internal Revenue or the Commissioner of Customs or
the Regional Trial Court, provincial, city or municipal treasurer or the Secretary of Finance, the Secretary of Trade and
Industry and Secretary of Agriculture, as the case may be shall suspend the payment, levy, distraint, and/or sale of any
property of the taxpayer for the satisfaction of his tax liability as provided by existing law: Provided, however, That when in
the opinion of the Court the collection by the aforementioned government agencies may jeopardize the interest of the
Government and/or the taxpayer the Court any stage of the proceeding may suspend the said collection and require the
taxpayer either to deposit the amount claimed or to file a surety bond for not more than double the amount with the Court.

In criminal and collection cases covered respectively by Section 7(b) and (c) of this Act, the Government may directly file
the said cases with the CTA covering amounts within its exclusive and original jurisdiction.

Appeal to the Court of Tax Appeals En Banc. – No civil proceeding involving matter arising under the National Internal
Revenue Code, the Tariff and Customs Code or the Local Government Codeshall be maintained, except as herein provided,
until and unless an appeal has been previously filed with the CTA and disposed of in accordance with the provisions of this
Act.
A party adversely affected by a resolution of a Division of the CTA on a motion for reconsideration or new trial, may file a
petition for review with the CTA en banc. 
 

PROCEDURE IN APPEALS 
[CIVIL]

RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL

AGENCIES

Republic Act No. 9282 

AN ACT EXPANDING THE JURISDICTION OF THE COURT OF TAX APPEALS (CTA),
ELEVATING ITS RANK TO THE LEVEL OF A COLLEGIATE COURT WITH SPECIAL
JURISDICTION AND ENLARGING ITS MEMBERSHIP, AMENDING FOR THE PURPOSE
CERTAIN SECTIONS OR REPUBLIC ACT NO. 1125, AS AMENDED, OTHERWISE
KNOWN AS THE LAW CREATING THE COURT OF TAX APPEALS, AND FOR OTHER
PURPOSES.

THE REGIONAL TRIAL COURTS

 
Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the
National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
    
PROCEDURE IN REGIONAL TRIAL COURTS
[CIVIL]

RULE 6 - KINDS OF PLEADINGS

RULE 7 - PARTS OF A PLEADING

RULE 8 - MANNER OF MAKING ALLEGATIONS IN PLEADINGS

RULE 9 - EFFECT OF FAILURE TO PLEAD

RULE 10 - AMENDED AND SUPPLEMENTAL PLEADINGS

RULE 11 - WHEN TO FILE RESPONSIVE PLEADINGS

RULE 12 - BILL OF PARTICULARS 

RULE 13 - FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

RULE 14 - SUMMONS

RULE 15 - MOTIONS

RULE 16 - MOTION TO DISMISS

RULE 17 - DISMISSAL OF ACTIONS

 RULE 18 - PRE-TRIAL

RULE 19 - INTERVENTION

RULE 20 - CALENDAR OF CASES

RULE 21 - SUBPOENA

RULE 22 - COMPUTATION OF TIME

RULE 23 - DEPOSITIONS PENDING ACTION

RULE 24 - DEPOSITIONS BEFORE ACTION OR PENDING APPEAL 

RULE 25 - INTERROGATORIES TO PARTIES

RULE 26 - ADMISSION BY ADVERSE PARTY

RULE 27 - PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

RULE 28 - PHYSICAL AND MENTAL EXAMINATION OF PERSONS

RULE 29 - REFUSAL TO COMPLY WITH MODES OF DISCOVERY

RULE 30 - TRIAL 

RULE 31 - CONSOLIDATION OR SEVERANCE

RULE 32 - TRIAL BY COMMISSIONER

RULE 33 - DEMURRER TO EVIDENCE

RULE 34 - JUDGMENT ON THE PLEADINGS

RULE 35 - SUMMARY JUDGMENTS

RULE 36 - JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

RULE 37 - NEW TRIAL OR RECONSIDERATION 

RULE 38 - RELIEF FROM JUDGMENTS,ORDERS, OR OTHER PROCEEDINGS

RULE 39 - EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

  
 PROCEDURE IN APPEALS
[CIVIL] 
 RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS

RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS

THE SHARI'A DISTRICT COURTS

 
Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which were established in certain specified
provinces in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced.
 
There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.
 
A Shari'a District Court is of limited jurisdiction.   It was created under Presidential Decree No. 1083. Cases falling within
the exclusive jurisdiction of the Shari'a District Courts primarily pertain to family rights and duties as well as contractual
relations of Filipino Muslims in the Mindanao. 

It has exclusive original jurisdiction over the following: 

 

1.  All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential
Decree No. 1083;  
  
2.  All cases involving disposition, distribution and settlement of the estate of a deceased Muslim, probate
of wills, issuance of letters of administration or appointment of administrators or executors regardless of
the nature or the aggregate value of the property;  
  
3.  Petitions for declaration of absence and death and for cancellation and correction of entries in the
Muslim Registries mentioned in Title VI, Book Two of Presidential Decree No. 1083; 
  
4.  All actions arising from customary contracts in which the parties are Muslims, if they have not specified
which law shall govern their relations;  
  
5.  All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all auxiliary writs and
processes in aid of its appellate jurisdiction; 
 
It has concurrent original jurisdiction over the following:
 
1.  Petitions by Muslims for the constitution of the family home, change of name and commitment of
insane person to any asylum;  
  
2.  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 Courts; and  
  
3.  All special civil actions for interpleader or declaratory relief where the parties are Muslims or the
property involved belongs exclusively to a Muslim. 
 
The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial
jurisdiction.
 
It shall decide every case on the basis of the evidence and the records transmitted as well as such memoranda, briefs or oral
arguments as the parties may submit.
 
The decisions of the Shari'a District Courts, whether on appeal from the Shari'a Circuit Courts or not, shall be final. The
Supreme Court shall, however, continue to exercise original and appellate jurisdiction over certain issues as provided by the
Constitution.
  

THE SHARI'A CIRCUIT COURTS

 
Equivalent to the Municial Circuit Trial Courts are the Shari'a Circuit Courtswhich were established in certain
municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. 
  
There are five Shari'a Circuit Courts and fifty one Shari'a Circuit Courts in existence. 
  
A Shari'a Circuit Court has original jurisdiction over the following: 
 
1.  All cases involving offenses defined and punished under Presidential Decree No. 1083;  
  
2.  All civil actions and proceedings between parties who are Muslims or have been married in accordance
with Article 13 of Presidential Decree No. 1083 involving disputes relating to:  
 
a.  Marriage;  
b.  Divorce recognized under Presidential Decree No. 1083;  
c.  Betrothal or breach of contract to marry;  
d.  Customary dowry (mahr);  
e.  Disposition and distribution of property upon divorce;  
f.   Maintenance and support, and concolotary gifts(mut'a); and  
g.   Restitution of marital rights.  
 
3.  All cases involving disputes relative to communal properties.

THE MUNICIPAL TRIAL COURTS

 

Every municipality in the Philippines has its own Municipal Trial Court.  It is referred to as such if it covers only one
municipality; otherwise,  it is called Municipal Circuit Trial Court if it covers two or more municipalities.   
 
PROCEDURE IN APPEALS
[CIVIL] 

RULE 40 - APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL

COURT

  
PROCEDURE IN THE MUNICIPAL TRIAL COURTS
[CRIMINAL]

 RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

THE METROPOLITAN TRIAL COURTS

 
Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political
subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.  
   
In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts
in Cities.    
 
PROCEDURE IN APPEALS
[CIVIL] 

RULE 40 - APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL

COURT

RULE 41 - APPEAL FROM THE REGIONAL TRIAL COURTS

RULE 42 - PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE
CA

RULE 43 - APPEALS FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL

AGENCY

  
PROCEDURE IN THE MUNICIPAL TRIAL COURTS
[CRIMINAL]

 RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

THE MUNICIPAL CIRCUIT TRIAL COURTS

 

Every municipality in the Philippines has its own Municipal Trial Court.  It is referred to as such if it covers only one
municipality; otherwise,  it is called Municipal Circuit Trial Court if it covers two or more municipalities.   
 
PROCEDURE IN APPEALS
[CIVIL] 

RULE 40 - APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL

COURT

  
PROCEDURE IN THE MUNICIPAL TRIAL COURTS
[CRIMINAL]

 RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

THE MUNICIPAL TRIAL COURTS IN CITIES

 

Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political
subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.  
   
In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts
in Cities.  
 
PROCEDURE IN APPEALS
[CIVIL] 

RULE 40 - APPEAL FROM MUNICIPAL TRIAL COURTS TO THE REGIONAL TRIAL

COURT
  
PROCEDURE IN THE MUNICIPAL TRIAL COURTS
[CRIMINAL]

 RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS