Practice Court:

I. DEFINITION OF TERMS:

1. Jurisdiction in general:

The word JURISDICTION is derived from 2 Latin words: 1.) JURIS – law; 2.) DICO – to speak, or
to say. So, in effect, when you say jurisdiction, literally translated, it means, “I speak by the law.” It
means that you are saying “I speak with authority” because when you invoke the law, then your act
is authorized.

JURISDICTION simply means the power of the court to hear, try and decide a case. In its complete
aspect, jurisdiction includes not only the powers to hear and decide a case, but also the power to
enforce the judgment. (14 Am. Jur. 363-364)

2. Acquisition of Jurisdiction in Criminal and Civil Cases:

CRIMINAL CASES:

Three important requisites must be present before a court can validly exercise its power to hear and try a
criminal case or otherwise the proceeding will be illegal:

1. It must have jurisdiction over the subject matter - determined by the statute in force at the time of the
commencement of the action.
2. It must have jurisdiction over the territory where the crime was committed
3. It must have jurisdiction over the person of the accused - accused is acquired upon his arrest, service of
the warrant of arrest; or by his voluntary surrender.

CIVIL CASES:

Jurisdiction may be understood in three senses:

1. Subject-matter jurisdiction is the authority and power of the court to hear and determine cases of the
general class to which the proceeding in question belongs.
2. Personal Jurisdiction is the power of the cour to bind a party or person. Jurisdiction over the plaintiff or
petitioner is acquired by the filing of the complaint or petition. Jurisdiction over the defendant is obtained
by service of summons or his voluntary appearance.
3. Jurisdiction over the res is the power of the court to try a case which would bind real or personal
property or determine the status of a party.

3. Cause of Action in Civil Cases vs. Elements of the Crime in Criminal Cases

CAUSE OF ACTION is an act or omission by which a party violates a right of another. A Cause of Action is
therefore by its very nature essential to a Civil Suit, since without a Cause of Action a Civil Suit cannot arise.
A cause of action consists of four elements such, right, obligation, violation and damage.
 a. a RIGHT pertaining to the plaintiff;
b. a CORRELATIVE OBLIGATIONS of the defendants;
c. a VIOLATION of plaintiff’s right; and
d. DAMAGE suffered by the plaintiff.

ELEMENTS OF THE CRIME IN CRIMINAL CASES:

Most crimes consist of two broad elements: mens rea and actus reus. Mens rea means to have "a guilty
mind." The rationale behind the rule is that it is wrong for society to punish those who innocently cause
harm. Actus reus literally means "guilty act," and generally refers to an overt act in furtherance of a crime.
Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad
thoughts.

To constitute criminal behavior, the actus reus and the mens rea must occur simultaneously.

4. Lack of Jurisdiction

Lack of jurisdiction means lack of power or authority to act in a particular manner or to give a particular kind
of relief. If a court has no jurisdiction, it has no power or authority to try a case or to take cognizance of a
crime .Without jurisdiction, the trial is null and void as well as the judgment.

5. Failure to State Cause of Action

Failure to state a cause of action refers to the insufficiency of the pleading, and is a ground for dismissal
under Rule 16 of the Rules of Court.

If the allegations of the complaint do not aver the concurrence of the elements of cause of action, the
complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action.
Evidently, it is not the lack or absence of a cause of action that is a ground for the dismissal of the complaint
but the fact that the complaint states no cause of action. Failure to state a cause of action may be raised at
the earliest stages of an action through a motion to dismiss.

II. Outline of Jurisdiction:

A. Supreme Court

 Original jurisdiction:
1. (1) Cases affecting ambassadors, other public minsters, and consuls
 Exclusive original jurisdiction in petitions for certiorari, prohibition, and mandamus against the:
1. CA
2. COMELEC
3. CoA
4. SB; and
 5. CTA
 Concurrent original jurisdiction with the CA in petitions for certiorari, prohibition, and mandamus against the:
1. RTC
2. CSC
3. CBAA
4. NLRC; and
5. Other quasi-judicial agencies in Rule 43

*This jurisdiction is subject to the doctrine of hierarchy of court

 Concurrent original jurisdiction with the CA and the RTC in petitions for:
1. Certiorari, prohibition, and mandamus against lower courts and bodies
2. Quo warranto
3. Habeas corpus
4. Habeas data
5. Writ of amparo
 Concurrent original jurisdiction with the RTC:
1. All actions affecting ambassadors, public ministers, and consuls
2. Petitions for the issuance of writs of certiorari, prohibition, mandamus, quo warranto, and habeas
corpus
3. Actions between the Roman Catholic Church and the municipalities/towns or the Filipino
Independent Church for controversies as to title to, ownership of, administration over, or
possession of hospitals, convents, cemeteries, or other properties used in connection therewith
4. Actions brought by the government against the Roman Catholic Church or vice-versa for title to or
ownership of hospitals, asylums, charitable institutions, or any kind of property
5. Actions brought to prevent and restrain violations of law concerning monopolies and combinations
in restraint of trade
 Concurrent original jurisdiction with the IBP:

Disciplinary proceedings against members of the judiciary and the bar

 Appellate jurisdiction over the:

o A. RTC in the exercise of its original jurisdiction by way of petition for review on certiorari (Rule 45)
on pure questions of law
o B. CA in its final judgments against the:
 SB
 COMELEC
 CoA
 Exclusive jurisdiction to review, revise, reverse, modify, or affirm, on appeal, certiorari, or writ of error, as the
law or Rules may provide, final judgments and decrees of inferior courts in:
o All cases in which the constitutionality or validity of any treaty, law, executive order, ordinance, or
regulation is in question
o All cases involving the legality of any tax impost, assessment, or toll, or any penalty imposed in
relation thereto
o All cases in which the jurisdiction of any inferior court is in issue
o All criminal cases involving offenses for which the penalty is death or life imprisonment; and those
involving other offenses which, although not so punished, arose out of the same occurrence or
which may have been committed by the accused on the same occasion as that giving rise to the
more serious offense, regardless of whether the accused is charged as principal, accomplice, or
accessory, or whether he has been tried jointly or separately
 o All cases in which the value in controversy, exclusive of interests and costs exceeds 50K; or in
which involves or brings into question title to or possession of real estate where the value thereof
exceeds 50K
o All appeals in civil cases, even though the value in controversy, exclusive of interest and costs, is
50K or less, where the evidence involved is the same as the evidence submitted in an appeal case
within the exclusive jurisdiction of the SC
o All other cases in which only errors or questions of law are involved

B. Court of Appeals (Civil Cases)

 Exclusive original jurisdiction:

o Action for annulment of judgments of RTCs
 Concurrent original jurisdiction with the SC in petitions for certiorari, prohibition, and mandamus against the:
o (1) RTC
o (2) CSC
o (3) CBAA
o (4) NLRC; and
o (5) Other quasi-judicial agencies in Rule 43
 Concurrent original jurisdiction with the SC and the RTC in petitions for:
o (1) Certiorari, prohibition, and mandamus against lower courts and bodies
o (2) Quo warranto
o (3) Habeas corpus
o (4) Habeas data
o (5) Writ of amparo
 Exclusive appellatejurisdiction over the:
o (1) RTC
o (2) Family courts
o (3) CSC
o (4) Other quasi-judicial bodies in Rule 43
o (5) OMB
o (6) MTC
o Except: Those falling within the appellate jurisdiction of the SC in accordance with:
 Constitution
 Labor Code
 BP 129

COURT OF APPEALS (Criminal Cases)

1. ORIGINAL
1. EXCLUSIVE
1. Actions for annulment of judgments of the Regional Trial Court
2. CONCURRENT
1. With the Supreme Court:
1. petitions for certiorari, prohibition and mandamus against the Regional
Trial Court
2. With the Supreme Court & Regional Trial Court:
1. petitions for certiorari, prohibition and mandamus against the Regional
Trial Court
 2. EXCLUSIVE APPELLATE
1. BY APPEAL
From the RTC in cases commenced therein, except those appealable to the Supreme
Court or the Sandiganbayan
2. BY PETITION FOR REVIEW
From the Regional Trial Court in cases appealed thereto from the lower courts and not
appealable to the Sandiganba

C. Sandigan Bayan (SB) – Criminal Cases

1. ORIGINAL
1. EXCLUSIVE
1. Violations of:
1. Republic Act 3019
(Anti-Graft and Corrupt Practices Act)
2. Republic Act No. 1379
3. Chapter 11, Section 2, Title VII, Book II of the Revised Penal Code
2. 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:
3. (1) Officials of the executive branch occupying the position of regional director and
higher (AKA Grade ‘27’ of RA 6758), including:
1. Provincial governors, vice-governors, members of the sangguniang
panlalawigan, provincial treasurers, assessors, engineers and other
provincial department heads;
2. City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers and other city department heads;
3. Officials of the diplomatic service occupying the position of consul and
higher;
4. Philippine army and air force colonels, naval captains, and all officers of
higher rank;
5. Officers of the PNP while occupying the position of provincial director and
those holding the rank of senior superintendent or higher;
6. City and provincial prosecutors and their assistants, and officials and
prosecutors in the office of the Ombudsman and special prosecutor;
7. Presidents, directors of trustees, or managers of government owned or
controlled corporations, state universities or educational institutions or
foundations.
4. (2) Members of Congress and officials thereof (classified as Grade ‘27’ and higher
under the CPCA of 1989);
5. (3) Members of the judiciary without prejudice to the provisions of the Constitution;
6. (4) Chairmen and members of the Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
7. (5) All other national and local officials (classified as Grade ‘27’ and higher under
the CPCA of 1989)
 8. b. Other offenses or felonies whether simple or complexed with other crimes
committed in relation to their office by the public officials and employees
mentioned in Section 4(a), P.D. 1606, as amended by Republic Act 7975
9. c. Civil and criminal cases filed pursuant to and in connection with Executive Order
#s 1,2,14 and 14 – A, issued in 1986
2. CONCURRENT
1. With the Supreme Court:
1. petitions for mandamus, prohibition certiorari, habeas corpus , injunctions
and ancillary writs in aid of its appellate jurisdiction;
2. petitions for quo warranto arising from Executive Order #s 1, 2, 14 & 14 –
A
2. EXCLUSIVE APPELLATE
1. BY APPEAL
1. From the Regional Trial Court in cases under P.D. 1606 (as amended by P.D.
1861) whether or not the cases were decided by them in the exercise of their
original or appellate jurisdictions

SANDIGAN BAYAN IN CIVIL CASES:

A. Exclusive Original

1. Civil cases filed pursuant to Executive Orders Nos. 1,2,14 and 14-A issued in 1986. ( PCGG cases for
forfeiture of ill-gotten wealth).

Exclusive original jurisdiction over petitions for certiorari, prohibition, mandamus, 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 Orders Nos. 1,2,14 and 14-A issued in 1986; provided that the jurisdiction over these petitions
shall not be exclusive of the SC.

B. Concurrent Original with SC, CA, and RTC.

D. Court of Tax Appeals (CTA)

"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 the National Internal Revenue Code or
other laws administered by the Bureau of Internal Revenue, where the National Internal
 Revenue Code provides a specific period of action, in which case the inaction shall be
deemed a denial;

"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."

E. Regional Trial Courts

 A. Civil cases
o Original jurisdiction:
 (1) Issuance of writs of:
 Certiorari
 Prohibition
 Mandamus
 Quo warranto
 Habeas corpus; and
 Injunction
 (2) All actions affecting ambassadors, other public ministers, and consuls
 *This is concurrent with the SC
o Exclusive original jurisdiction:
 (1) All civil actions in which the subject of the litigation is incapable of pecuniary estimation
  (2) All civil actions which involve the title to, possession of real property, or any interest
therein, where the assessed value of the property involved exceeds 20K outside Metro
Manila or 50K in Metro Manila
 Except: Actions for forcible entry into and unlawful detainer of lands or buildings
 (3) All actions in admiralty and maritime jurisdiction, where the demand or claim exceeds
300K outside Metro Manila or 400K in Metro Manila
 (4) All matters of probate, whether testate or intestate, where the gross value of the estate
exceeds 300K outside Metro Manila or 400K in Metro Manila
 (5) All actions involving the contract of marriage and marital relations
 (6) All cases not within the exclusive jurisdiction of any court, tribunal, person, or body
exceeding jurisdiction of any court, tribunal, person, or body exercising judicial/quasi-
judicial functions
 (7) All civil actions and special proceedings falling within the exclusive original jurisdiction
of Juvenile and Domestic Relations Courts and of the Court of Agrarian Relations
 (8) All other cases in which the demand or the value of the property in controversy,
exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and
costs exceeds 300K outside Metro Manila or 400K in Metro Manila
 (9) All criminal cases falling within the jurisdiction of Family Courts (AM 99-1-13-SC)
o Appellate jurisdiction:
 (1) All cases decided by the MeTC, MTC, MCTC in their respective territorial jurisdictions
 B. Criminal cases
o Exclusive original jurisdiction:
 (1) All cases not within the exclusive jurisdiction of any court, tribunal, or body
 Except: Cases falling under the exclusive and concurrent jurisdiction of the SB

 C. Special Jurisdiction to handle exclusively:

o (1) Criminal cases
o (2) Juvenile and Domestic Relations cases
o (3) Agrarian cases
o (4) Urban Land Reform cases which do not fall under the jurisdiction of quasi-judicial bodies or
agencies
o (5) Other special cases as the SC may determine in the interest of a speedy and efficient
administration of justice
o *This is upon designation of the SC

G. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts:

 A. Civil cases
o Exclusive originaljurisdiction:
 (1) All violations of city/municipal ordinances committed within their respective territorial
jurisdiction
 (2) All offenses punishable with imprisonment not exceeding 6 years, irrespective of the
amount of fine and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offense or predicated thereon
 (3) All offenses involving damage to property through criminal negligence
 Except: Cases falling within the exclusive original jurisdiction of:
 (1) RTCs; and
 (2) The SB
 B. Criminal cases
 o Exclusive originaljurisdiction:
 (1) All civil actions, probate proceedings, whether testate or intestate, including the grant
of provisional remedies in proper cases, where the value of the personal property, estate,
or amount the demand, exclusive of interest, damages of whatever kind, attorney’s fees,
litigation expenses, and costs does not exceed 300K outside Metro Manila or 400K in
Metro Manila
 (2) All cases of forcible entry and unlawful detainer
 (3) All civil actions which involve title to, possession of real property, or any interest
therein, where the assessed valued of the property involved, exclusive of interest,
damages of whatever kind, attorney’s fees, litigation expenses, and costs does not
exceed 20K outside Metro Manila or 50K in Metro Manila
 C. Delegated jurisdiction to hear and determine:
o (1) Cadastral cases or land registration cases, where there is no controversy or opposition or
where the value of the contested lots does not exceed 100K
o *This is upon assignment by the SC
 D. Special jurisdiction:
o (1) Petitions for a writ of habeas corpus
o (2) Applications for bail in criminal cases
o *This is in the absence of all the RTC judges in a province/city
 E. Summary Procedure jurisdiction to handle exclusively:
o (1) Forcible entry and unlawful detainer cases
o (2) Cases involving violations of traffic laws, rules, and regulations
o (3) Cases involving violations of the rental law
o (4) Such other cases requiring summary disposition as the SC may determine
o *This is upon designation of the SC in MeTCs and MTCs with at least 2 branches

-Jurisdiction for Summary Procedures for the MeTC, MTCC, MTC, and MCTC:

 A. Civil cases
o (1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered
o (2) All other cases, where the total amount of the plaintiff’s claim, exclusive of interests and costs,
does not exceed 100K outside Metro Manila and 200K in Metro Manila
 Except: Probate proceedings
 B. Criminal cases
o (1) Violations of traffic laws, rules, and regulations
o (2) Violations of the rental law
o (3) Violations of city/municipal ordinances
o (4) All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding 6 months or a fine not exceeding 1K, or both, irrespective of other
imposable penalties or of the civil liability arising therefrom
o (5) All offense involving damage to property through criminal negligence, where the imposable fine
does not exceed 10K

-Jurisdiction for Small Claims Cases for the MeTC, MTCC, MTC, and MCTC for cases involving payment of money,
where the value of the claim, exclusive of interests and costs does not exceed 100K:
  (1) 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
 (2) The civil aspect of criminal actions, either filed before the institution of the criminal action or reserved
upon the filing of the criminal action in court
 *The claims or demands referred to may be for any of the following:
o (1) For money owed under a:
 Contract of lease
 Contract of loan
 Contract of services
 Contract of sale
 Contract of mortgage
o (2) For damages arising from:
 Fault
 Negligence
 Quasi-contract
 Contract
o (3) The enforcement of a barangay amicable settlement or an arbitration award involving a money
claim

III. Other Special Topics:

1. The Katarungang Pambarangay (KB) and Alternative Dispute Resolution (ADR) Mechanisms:

Katarungang Pambarangay is a system of dispute resolution instituted in all barangays

in the Philippines that seeks to promote, among others, the speedy administration of
justice, by providing all avenues to an amicable settlement, thereby considerably
reducing the dockets in our courts of justice

All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and prior
recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in
the following disputes: chanrobles virtual law lib rary

[1] Where one 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] Where the dispute involves real properties located in different cities and municipalities,
unless the parties thereto agree to submit their difference to amicable settlement by an
appropriate Lupon;

[4] Any complaint by or against corporations, partnerships or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants or
respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules];
[5] 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;

[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
one [1] year or a fine of over five thousand pesos (P5,000.00);

[7] Offenses where there is no private offended party;

[8] Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following: chanrobles virtual law library

    
[a] Criminal cases where accused is under police custody or detention [See Sec.
412 (b) (1), Revised Katarungang Pambarangay Law];

[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived of or on acting in his behalf;

[c] Actions coupled with provisional remedies such as preliminary injunction,

attachment, delivery of personal property and support during the pendency of the
action; and crala w

[d] Actions which may be barred by the Statute of Limitations.

    

[9] Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;

[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
[Secs. 46 & 47, R. A. 6657];

[11] Labor disputes or controversies arising from employer-employee relations [Montoya

vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants
original and exclusive jurisdiction over conciliation and mediation of disputes, grievances
or problems to certain offices of the Department of Labor and Employment];

[12] Actions to annul judgment upon a compromise which may be filed directly in court
[See Sanchez vs. Tupaz, 158 SCRA 459]

Alternative Dispute Resolution (ADR) Mechanisms:

"Alternative Dispute Resolution System" means any process or procedure used to resolve a
dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a
government agency, in which a neutral third party participates to assist in the resolution of issues,
 which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof;

a. Mediation (CAM Court- Annexed Mediation)

 CAM is a voluntary process conducted under the auspices of the court by
referring the parties to the Philippine Mediation Center (PMC) Unit for the
settlement of their dispute, assisted by a Mediator accredited by the Supreme
Court
 Thus, pursuant to AM No. 01-10-5-SC-PHILJA, it is mandatory for an
enumeration of cases to be referred to CAM during the pretrial stage of court
proceedings

The following cases shall be referred to CAM:

1. All civil cases, except those which by law may not be compromised (Article 2035, New
Civil Code);
2. Special proceedings for the settlement of estates;
3. The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
4. The civil aspect of criminal cases where the imposable penalty does not exceed six
years imprisonment and the offended party is a private person; and
5. The civil aspect of theft (not qualified theft), estafa (not syndicated or large scale
estafa), and libel.

b. Judicial Dispute Resolution (JDR)

JDR is a process whereby the judge (called the JDR Judge) employs conciliation,
mediation or early neutral evaluation in order to settle a case at the pre-trial stage.  In the event the
JDR fails, then another judge (called the trial judge) shall proceed to hear and decide the case.

What are the cases subject to JDR?

The following cases shall be referred to JDR by Judges in areas declared as JDR sites:

1. All cases which were not successfully settled in CAM;

2. All appealed cases from the exclusive and original jurisdiction of the First Level Courts:
o over civil cases and probate proceedings, testate and intestate, under Section 33,
paragraph (1) of the Judiciary Reorganization Act of 1980;
o over cases of forcible entry and unlawful detainer under Section 33, paragraph (2) of the
Judiciary Reorganization Act of 1980;
o over civil cases involving title to or possession of real property or an interest therein under
Section 33, paragraph (3) of the Judiciary Reorganization Act of 1980; and
o over a habeas corpus case decided by the judge of the first level court, in the absence of
all the Regional Trial Court judges in the province or city, that are brought up on appeal
 from the special jurisdiction granted to the first level courts under Section 35 of the
Judiciary Reorganization Act of 1980.

What are the cases that cannot be referred to CAM and JDR?

The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised, as follows:

o The civil status of persons;
o The validity of a marriage or a legal separation;
o Any ground for legal separation;
o Future support;
o The jurisdiction of courts; and
o Future legitime.
2. Civil aspect of non-mediatable criminal cases;
3. Petitions for Habeas Corpus;
4. All cases under Republic Act No. 9262 (Violence against Women and Children); and
5. Cases with pending application for Restraining Orders/Preliminary Injunctions.

However, in cases covered in numbers 1, 4 and 5 where the parties inform the court that they have agreed
to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or
support pendente lite, the court shall refer them to mediation

2. 1991 Revised Rule on Summary Procedures ( nature and purpose, applicability, coverage and
scope);

Purpose: “The purpose of the Rules on Summary Procedure is ‘to achieve an expeditious and
inexpensive determination of cases without regard to technical rules” (Section 36, Chapter
III, BP Blg. 129

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:
a. 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).
b. 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.
B. Criminal Cases:
a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violations of municipal or city ordinances;
 d. All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
(P1,000.00), or both, irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided, however, that in
offenses involving damage to property through criminal negligence, this Rule
shall govern where the imposable fine does not exceed ten thousand pesos
(P10,000.00).
This Rule shall not apply to a civil case where the plaintiff’s cause of action is pleaded in the same
complaint with another cause of action subject to the ordinary procedure; nor to a criminal case
where the offense charged is necessarily related to another criminal case subject to the ordinary
procedure

Applicability : 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 Upon the filing of a
civil or criminal action, the court shall issue an order declaring whether or not the case shall be governed by
this Rule.

A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground
for disciplinary action.

3. The Rule of Procedure for Small Claims Cases (features, applicability and expanded jurisdiction),
A.M. No. 08-8-7-SC, October 1, 2008 as amended.

Sec. 2. Scope: This Rule shall govern the procedure in actions before the Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for
payment of money where the value of the claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs

SEC. 4. 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 which are: (a)
purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the
institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant
to Rule 111 of the Revised Rules Of Criminal Procedure.

These claims or demands 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 damages arising from any of the following: 1. Fault or negligence;
2. Quasi-contract; or 3. Contract; (c) The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this Rule pursuant to Sec. 417.

4. The Judiciary Reorganization Act of 1980;

 The mandatory provision of the Judiciary Reorganization Act of 1980, as amended, uses
the word “shall” and explicitly requires the MTC to exercise exclusive original jurisdiction
over all civil actions which involve title to or possession of real property where the
assessed value does not exceed P20,000.00:

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:

Exclusive original jurisdiction in all civil actions which involve title to, 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 exceeds Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and
costs:

5. Republic Act No. &691, Administrative Circular No. 9-94, expanding the jurisdiction of the first level
courts.

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’": chanrobles virtual law library

[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
Sections 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 R.A. No. 7691. crala w

[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. cralaw

[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. cralaw
[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 thoudand 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. cralaw

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.
cralaw