ATENEO
CENTRAL
BAR OPERATIONS 2019
JORGE ALFONSO C. MELO
Bar Review Coordinator
LEILA S, LIM
‘ar Review Secretariat
ATENEO CENTRAL BAR OPERATIONS
PATRICK EDWARD BALISONG
Chairman
KATRINA Y. COSCOLLUELA, JONATHAN VICTOR NOEL CZARINA CHER CUERPO
GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO
‘Administration Commitee Heads Academies Commitee Heads Hote Operations Commitee Heads
JUDGE JAIME FORTUNATO A. CARINGAL,
ATTY. JORGE ALFONSO C. MELO
ATTY. STEPHEN GEORGE S.D. AQUINO
‘ATTY. RONALD C. CHUA
ATTY, EUGENIO H, VILLAREAL
REMEDIAL LAW Faculy Advisors
MICHELLE KRISTINE ANTE
JERRY SANTOS JR
MEGAN MARCOS
ROSEL RICA VALLE
BIANA ISABEL SORIANO
MA. REGINE CALLUENG
MAYUMI GLOR MATSUMURA
JENNISE ANN SEE
PETER PAOLO DIM Ill
REMEDIAL LAW Subject Heads
EUNICE A. MALAYO
FRANCES CHRISTINE F. SAYSON
‘Cental Bar Operations
Academics Understudies
JAAMES ERWIN VELASCO GIA MORDENO ICA SALAZAR
‘ANDREA DE VERA GERARD ANDRE BARRON DEBBIE YRREVERRE
TOPHER BALAGTAS JOSE DA SILVA NICOLE VELANDRES
ABIGAYLE RECIO. (CHRISTIAN CANDELARIA GABBI SUNGCAD
HAZEL ORTEGA LEIGH NUFUAR ERVIN HILADOMARIA ANGELICA TORIO
MYREEN RAGINIO
PATRICIA DOLATRE
ALA PANDAPATAN
REYNALEIGH DELOS REYES
HAZEL ORTEGA
MIKKI DOROJA
(CHOOGEE GUERRERO
JAY-EM CUNTAPAY
REMEDIAL LAW Volunteers
MARK SY
ENRIQUE LOPEZ It
WENDELL LAXAMANA,
‘CHLOE NUNEZATENEO CENTRAL
BAR OPERATIONS 2019
REMEDIAL LAW
1. GENERAL PRINCIPLES:
IN REMEDIAL LAW
Q: What is remedial law?
‘A: Itis a branch of aw that prescribes the methods
of enforcing rights and obligations created by
substantive law. (Bustos vs. Judge Lucero, G.R.
No. L-2068, 1948)
Compare substantive and remedial law.
Pecan)
Sieur
Creates, defines and | Prescribes the
regulates rights and methods of enforcing
duties concerning life, | rights and obligations
liberty or property | created by substantive
which when violated | law. It provides a
ives rise to a cause of | procedural system for
action. obtaining redress. for
the invasion of rights
and violations of duties.
It also prescribes rules
as to how suits are
filed, tied and decided
upon by the courts.
(Bustos. vs. Lucero,
GR. No, L-2068, 1948)
Q: What are the limitations on the rule-making
power of the Supreme Court under the
Constitution?
A
a. The ules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases;
b. The rules shall be uniform for courts of the
same grade; and
c. The rules shall not diminish, increase, or
modify substantive rights (Put. Const. art
Vull, § 6.)
: What is the doctrine of hierarchy of courts?
‘A: The judicial system follows a ladderized
scheme which in essence requires the lower
courts to initially decide on a case before it is
considered by a higher court.
A higher court will not entertain direct resort to it
unless the redress cannot be obtained in the
appropriate courts (Santiago v. Vasquez, G.R.
Nos. 99289.90, 1993).
AA direct invocation of the Supreme Cour's original
jurisdiction to issue this writ should be allowed only
when there are special and important reasons,
clearly and specifically set out in the petition.
(Republic v. Caguioa, G.R. No. 174385, 2013)
Q: What is the exhaustion of administrative
remedies?
A: The general rule is that before a party may seek
the intervention of the court, he should first avail of
all the means afforded him by administrative
processes. The issues which administrative
agencies are authorized to decide should not be
summarily taken from them and submitted to a
court without first giving such administrative
agency the opportunity to dispose of the same
after due deliberation. (Addition Hills v.
Megaworld, G.R. No. 175039, 2012 citing
Republic v. Lacap, G.R. No. 158253, 2007)
: What is the doctrine of judicial hierarchy?
A: The judicial hierarchy of courts generally
applies to cases involving warring factual
allegations. For this reason, Itigants are required
to repair to the trial courts at the first instance to
determine the truth or falsity of these contending
allegations on the basis of the evidence of the
parties. Cases which depend on disputed facts for
decision cannot be brought immediately before
appellate courts as they are not triers of facts,
Be that as it may, its not an iron clad rule. A strict,
application of the rule of hierarchy of courts is not
necessary when the cases brought before the
appellate courts do not involve factual but legal
questions. (Mangaliag v. Catubig-Pastoral, GR.
No. 143951,2005)
@: What is the doctrine of judicial non-
interference?
‘A: The doctrine of judicial stability or non-
interference in the regular orders or judgments of
a co-equal court is an elementary principle in the
administration of justice: no court can interfere by
injunction with the judgments or orders of another
‘court of concurrent jurisdiction having the power to
grant the relief sought by the injunction. The
rationale for the rule Is founded on the concept of
jurisdiction: a court that acquires jurisdiction over
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REMEDIAL LAW
| order of some lower
the case and renders judgment therein has
jurisdiction over its judgment, to the exclusion of all
other coordinate courts, for its execution and aver
all its incidents, and to contro, in furtherance of
justice, the conduct of ministerial officers acting in
connection with this judgment. (Cabillv.
Balindong, A.M. No. RTJ-10-2225, 2011).
Q: Distinguish between general and special
jurisdiction.
e
————
court to adjudicate all | the court's jurisdiction
Saesrueayee | iy oe
ooiapg etree | seatentosera
cenedenes | semiencers|
plenary powers of the | may be provided by |
ase Wonence toa | Peorertn:
controversies which | confined to particular |
Sy CsI tenor | cnn cee
seealsTomnt cena SoMa Na
esa oaieayat | ue ealemons
gas eneaee | scieerearas
motel bye
eae
ee ee eee
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f
ae
court to tke heal | autor? onfoned
Sere ese teens ocean
srtted for justia [anwar and
sinter twee | etre ones
| ar‘, sancons | wc neve a ses
aioe) mea at suse ese
eae
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by eppee! or wt of
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Scien eta tome
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Cala oeaae
@: Distinguish between exclusive and
concurrent jurisdiction.
Err CONS
It is the power or] it is the power
authority of the court | conferred upon
tohear and determine | different courts,
cases to the exclusion | whether of the same
ofall other courts | or different ranks, to
take cognizance at
the same stage of
the same case in the
same or different
judicial territories
Q: What are the other classifications of
jurisdiction?
A
a. Exclusive Original - The power of the court to
take judicial cognizance of a case instituted for
Judicial action for the first time under the
conditions provided by law, and to the
exclusion of all other courts
b. Delegated - The grant of authority to inferior
courts to hear and determine cadastral and
land registration cases under certain conditions
. Territorial ~ It is the power and authority to
exercise its power within its territorial region
(Tan, Civil Procedure Book I: A Guide for the
Bench and the Bar, 2017, pp. 99-104)
hat is the doctrine of hierarchy of courts?
The judicial system follows a ladderized
scheme which in essence requires the lower
courts to initially decide on a case before it is
considered by a higher court.
A higher court will not entertain direct resort to it
unless the redress cannot be obtained in the
appropriate courts (Santiago v. Vasquez, G.R.
Nos. 99289-90, 1993)
‘A direct invocation of the Supreme Court's original
jurisdiction to issue this writ should be allowed only
when there are special and important reasons,
clearly and specifically set out in the petition.
(Republic v. Caguioa, G.R. No. 174385, 2013)
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REMEDIAL LAW
Q: What Is the doctrine of adherence of
jurisdiction?
‘A: Once jurisdiction has attached, it cannot be
‘ousted by subsequent happenings or events,
although the event is of such character which
would have prevented jurisdiction from attaching
in the first instance. Once jurisdiction has been
acquired by the court, it retains that jurisdiction
until it finally disposes of the case (Baritua v.
Mercader, G.R. No. 136048, 2001).
@ How is jurisdiction over the plaintiff
acquired?
‘A: Jurisdiction over the person of the plaintiff is
acquired by the filing of the initiatory pleading,
such as a complaint (De Joya v. Marquez, G.R.
No. 162416, 2006).
Q: How is jurisdiction over the subject matter
acquired?
‘A; Jurisdiction of the Court over the subject matter
is conferred by law and determined by the
allegations in the complaint (Ursua vs. RP, GR No.
178193, 2012)
@: How is jurisdiction over the issues
acquired?
A: Itis acquired or conferred by the pleadings (De
Joya v. Marquez, G.R. No. 162416, 2006).
Q: How is jurisdiction over the res or property
acquired?
‘A: It is acquired by the seizure of the thing under
legal process or it may result from the institution of
legal proceedings (De Joya v. Marquez, G.R. No.
162416, 2006).
Q: Compare venue and jurisdiction.
A
eeu Wes
Authority to hear and | Place where the case
determine a case is to be heard or tried
‘A matter —_of | A matter of procedural
substantive law law
Establishes a relation | Establishes a relation
between the court and | between plaintiff and
the subject matter | defendant, or
petitioner and
respondent
Fixed by law and] May be conferred by
cannot be conferred | the act or agreement
by the parties of the parties (e.g. a
contractual stipulation
can contain the
following: "In case of
dispute arising. from
this contract, a party
shall fle a suit
exclusively with the
Regional Trial Court of
Pasig City’) (Nocum v.
Tan, G.R. No. 145022,
2005)
Lack of jurisdiction | Not a ground for a
over the subject matter | motu proprio dismissal
js a ground fora motu | (except in cases
proprio dismissal subject to Summary
Procedure)
Cannot be waived —_| May be waived only
in cases. In
criminal cases, venue
is jurisdictional
(Nocum v. Tan, G.R.
No. 145022, 2008,
Dacoycoy v. IAC, G.R.
No. 74854, 1991)
Q: What happens when the venue is
improperly laid?
A; In civil proceedings, venue is procedural, not
jurisdictional, and it may be waived by the
defendant if not seasonably raised elther in a
motion to dismiss or in the answer (BP! Family
Savings Bank, Inc. v. Yujuico, G.R. No. 175796,
2018)
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REMEDIAL LAW
@: Does exclusive venue stipulation apply
where the complaint assails the validity of the
written instrument?
‘A: No. In cases where the complaint assails only
the terms, conditions, and/or coverage of a written
instrument and not its validity, the exclusive venue
stipulation contained therein shall still be binding
(on the parties, and thus, the complaint may be
properly dismissed on the ground of improper
venue. However, if the complaint assailis the
validity of the written instrument itself, the parties
should not be bound by the exclusive venue
stipulation contained therein. Itwould be inherently
inconsistent for a complaint of this nature to
recognize the exclusive venue stipulation when it,
in fact, precisely assails the validity of the
instrument in which such stipulation is contained
(Briones v. CA, G.R. No, 204444, 2018)
Q: What are some actions incapable of
pecuniary estimation?
A
1. Actions for specific performance;
2. Actions for support which will require the
determination of the civil status;
3. The right to support ofthe plaintiff;
4, Those for the annulment of decisions of lower
courts;
5, Those for the rescission or reformation of
contracts;
6. Interpretation of a contractual stipulation (Heirs
of Bautista v. Lindo, G.R. No. 108232, 2014).
Q: X filed a complaint to enforce his right
granted by law to recover the lot subject of free
patent. Which court has jurisdiction over the
‘complaint?
‘A: RTC. The action is for specific performance;
hence, incapable of pecuniary estimation and is
cognizable by the RTC. Although the selling price
is less than PHP 20,000, the RTC still has
jurisdiction because the repurchase of the lots is,
only incidental to the exercise of the right to
redeem, The reconveyance of the title to
petitioners is not the principal or main relief or
remedy sought (Heirs of Bautista v. Lindo G.R. No.
208232, 2014),
: What is the nature of an action to recover
deficiency on the extrajudicial foreclosure?
AA; Itis a personal action for it does not affect tile
to oF possession of real property, or any interest
therein (BPI Savings Bank v. Spouses Benedicto,
GR. No. 175796, 2018).
Q: M filed before the DENR two Townsite Sales
Applications. Upon his death, his applications
‘were transferred to his heirs, X. N executed a
deed of transfer of rights, transferring his
hereditary share in the property covered by
TSA No. 123 to Sps Y and Z. Sometime
thereafter, an OCT was issued in favor of X. X
filed before the RTC a Complaint or Recovery
of Possession of Real Property against Y and
Z. Xallege that they are the true owners of the
parcel of land that Y and Z's TSA encroach
upon the subject property.
RTC ruled in favor of X, but CA reversed the
decision on the ground of lack of jurisdiction.
Did RTC acquire jurisdiction over the
complaint?
‘A: No. The Court held thatin an action for recovery
of possession, the assessed value of the property
‘sought to be recovered determines the court's
jurisdiction. In this case, for the RTC to exercise
jurisdiction, the assessed value of the subject
property must exceed P20,000.00. Since X failed
to allege in their Complaint the assessed value of
the subject property, the CA correctly dismissed
the Complaint as petitioners failed to establish that
the RTC had jurisdiction over it. In fact, since the
assessed value of the property was not alleged, i
cannot be determined which trial court had original
and exclusive jurisdiction over the case.
In an action to recover, the property must be
identified. The plaintiff, therefore, is duty-bound to
clearly identify the land sought to be recovered, in
accordance with the title on which he anchors his
Tight of ownership. In this case, X failed to identify
the property they seek to recover as they failed to
describe the location, the area, as well as the
boundaries thereof. (Heirs of Julao v Alejandro,
GR. No, 176020, September 29, 2014)
Which is the basis in determining which
court has jurisdiction over a complaint for
accion publiciana?
It depends on the assessed value of the
property sought to be recovered (Supapo v. Sps.
de Jesus, G.R. No. 198356, 2015).
: The case is for the declaration of the nullity
of a contract of loan and its accompanying
continuing surety agreement, and the real
estate and chattel mortgages. What is the
nature of the action? Where should it be filed?
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REMEDIAL LAW
AA: It is a personal action; under Section 2, Rule 4
of the Rules of Court, the venue of a personal
action Is the place where the plaintiff or any of the
principal plaintifs resides, or where the defendant
‘or any of the principal defendants resides, or in the
case of a non-resident defendant where he may
be found, at the election of the plaintif, for which
reason the action is considered a TRANSITORY
fone. Unlike a real action, where it has to be
‘commenced and tried in the proper court having
jurisdiction over the area wherein the real property
involved, or a portion thereof is situated, which
explains why the action is also refered to as. a
LOCAL action (BPI v. Hontanosas, G.R. No.
18761325, 2014)
How is jurisdiction of the court determined?
A
General Rule: The jurisdiction of the court is
determined by the statute in force at the time of the
commencement of the action. (Narra Nicke! Mining
v. Redmont, G.R. No. 195580, 2014)
Exception: Unless such statute provides for its
retroactive application, as where it is a curative
legislation. (Atlas Fertilizer v. Navarro, G.R. No.
72074, 1987)
‘The courts acquire jurisdiction over a case only
upon payment of the prescribed docket fee.
(Pacific Redhouse Corp v. EIB Securities, G.R.
No, 184036, 2010)
When several courts have concurrent jurisdiction,
the first court which acquires jurisdiction retains it
to the exclusion of the others. (Nenaria v. Veluz,
GAR. No. L-4683, 1952)
@: Which cases are covered by Barangay
Conciliation?
‘A: All disputes are subject to Barangay conciliation
and prior recourse thereto is a pre-condition before
filing a complaint in court or any government
offices, except in the following disputes:
1. Where one party is the goverment, or any
subdivision or instrumentality thereof;
2. Where one party is a public officer or employee,
land 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
inbarangays 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
tone (1) year or a fine 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:
‘a. Criminal cases where accused is under
police custody or detention (See Sec. 412
(b)(1), Revised Katarungang Pambarangay
Law);
. Petitions for habeas corpus by @ person
illegally deprived of his rightful custody over
another or a person illegally deprived of his
liberty or one acting in his behalf;
. Actions coupled with provisional remedies
such as preliminary injunction, attachment,
delivery of personal property and support
during the pendency of the action; and
4. 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, RA. 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);
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12.Actions to annul judgment upon a compromise,
which may be filed directly in court (See
Sanchez vs. Tupaz, 158 SCRA 459).
(Guidelines on Katarungang Pambarangay
Conciliation Procedure, Supreme Court
Administrative Circular No, 14-93, 1993)
: What cases are covered by small claims?
Which court has jurisdiction over these cases?
A: Actions before the MeTCs, MTCCs, MTCs and
MTCTs for payment of money where the value of
the claim does not exceed the jurisdictional
‘amount of these court under RA No 76991 (Php
400,000.00 for the MeTCs and Php 300,000.00 for
the MTCCs, MTCs and MCTCs), exclusive of
interest and costs. (OCA Circular No 45-2019,
effective on 1 April 2019)
Q: What cases are covered by Summary
Procedure? Which court has jurisdiction over
these cases?
‘A: Actions 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.Givil Cases:
4. All cases of forcible entry and unlawful
etainer, iespective 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)
‘All other cases, except probate proceedings,
where the total amount of the plaintiffs claim
does not exceed one hundred thousand pesos
(P100,000.00) or, two hundred thousand pesos
(P200,000.00) in Metropolitan Manila,
exclusive of interest and costs.
. Criminal Cases:
Violations of traffic laws, rules and regulations;
Violations of the rental law;
Violations of municipal or city ordinances;
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 exoeed ten
thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where
the plaintf’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. (Revised
Rule on Summary Procedure, Resolution of the
Court En Bane 1991, 1991)
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ill, JURISDICTION OF COURTS
NOTE: The Jurisdiction tables below are taken from Feria’, Justice Jose Y. and Atty, Maria Concepcion S.
Noche. Civil Procedure Annotated. Vol. 1. 2013 Ed. Quezon City: Central Book Supply, Inc., 2013, 665-
700, updated with jurisprudence and new laws.
4. SUPREME COURT
(Feria and Noche, pp.665-668)
(a) ORIGINAL JURISDICTION
i, Original and Exclusive |
Potitions for the issuance of writs of certiorar, prohibition and mandamus against:
Court of Appeals.
Commission on Elections.
Commission on Audit.
Sandiganbayan
Court of Tax Appeals.
PaeNe
Original and Concurrent
41. With the CA, 1, Pelitions for the issuance of writs of certiorari, prohibition and
‘mandamus against:
‘a. NLRC. [However, the petitions should be filed with the CA based on
hierarchy of courts; otherwise, they shall be dismissed.)
b. CSC.
c. Quasi-Judicial Agencies. [However, the petitions should be fled with
the CA]
d. RTC and lower cours. |
| 2. Petitions for the issuance of a writ of kalikasan.
2. With the CA, SB and 1. Petition for writ of amparo.
| RrTc | 2. Petition for writ of habeas data.
3. With the CA and RTC | 1. Petitions for habeas corpus and quo warranto.
| 2. Petitions for the issuance of writs of certiorari, prohibition and
‘mandamus against lower courts or bodies.
3. Petitions for the issuance of writ of continuing mandamus in
environmental cases.
4. With the RTC Actions affecting ambassadors, other public ministers and consuls.
OP eee RTL lace)
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1. Appeal by Notice of | From the RTC or the SB in all criminal cases where the penalty imposed
Appeal is reclusion perpetua or higher, 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 |
| are charged principals, accomplices or accessories, or whether they have |
| been tried jointly or separately.
By appeal, the SC reviews the questions of law and of fact decided by
the court a quo.
2. Appeal by Petition for | Appeals from the:
Review on Certiorari 4. Court of Appeals
2. Sandiganbayan - on pure questions of law, except in cases where
the penalty imposed is reclusion perpetua, life imprisonment or
death
3. Court of Tax Appeals.
4, Regional Trial Courts - exercising original jurisdiction in the following
| a. Ifno question of fact is involved and the cases involves:
()——Constitutionality or validity of any treaty, international
executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or
regulation in question;
(ii) Legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto; or
(iil) Jurisdiction of lower courts isin issue.
(Note: If, in addition to constitutional, tax, or jurisdictional questions,
the cases mentioned in (), (i) and (il) above also involve questions
| of fact or mixed questions of fact and law, the aggrieved party shall
| appeal tothe CA; and the final judgment or decision ofthe later may
be reviewed, revised, reversed, modified or affirmed by the SC on writ
| of certiorari)
| ___P-Allcases in which only errors of questions of law are involved
3. Special Civil Action of _| Decision, order or ruling of
Certiorari within 30 days | 1. Commission on Elections.
2. Commission on Audit.
2. COURT OF APPEALS
(Feria and Noche, pp. 669-672)
ORR aN Seaton
i. Original and Exclusive
Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction,
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inal and Concurrent
1.With the SC
2. With the SC, SB, and
RTC
1. Pelitions for the issuance of wits of certiorari, prohibition and
‘mandamus against:
a, NLRC. [However, the petitions should be fled with the CA;
otherwise, they shall be dismissed.)
b. OSC.
c. QuasiJudicial Agencies. (However, the petitions should be fled
with the CA]
4d. RTC and lower courts.
2. Pelitions for the issuance of a writ of kalikasan,
41. Petition for wrt of amparo.
2. Petition for wrt of habeas data,
3. With the SC and RTC
OL Ge eee oleae)
1. Patitions for habeas corpus and quo warranto.
2. Petitions for the issuance of writs of certiorari, prohibition and
‘mandamus against lower courts or bodies.
3. Petitions for the issuance of writ of continuing mandamus in
environmental cases,
i. Exclusive Appellate
1. Ordinary Appeal by
Notice of 2. Appeal or
Record on Appeal
‘Appeals from: |
1. RTC in the exercise of its original jurisdiction, exceptin all cases where
only questions of law are raised or involved, which are appeatable to |
the SC by petiion for review on certiorar\ in accordance with Rule 45. |
2. RTC on constitutional and jurisdictional questions which involve |
questions of fact.
3. Family Cours
3, Appeal by Petition for
Review
‘An appeal may be taken to the CA whether the appeal involves questions
of fact, mixed questions of fact and law, or questions of law, in the
following cases:
Regular
1. Appeals from RTC in the exercise of its appellate jurisdiction.
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‘Special |
1. Appeals from CSC.
2. Appeals from Quasi-Judicial Agencies:
Securities and Exchange Commission |
Office of the President |
Land Registration Authority
Social Security Commission
Civil and Aeronautics Board
Intellectual Property Office
National Electrification Administration
Energy Regulatory Commission
National Telecommunications Commission
Department of Agrarian Reform under RA 6657,
Government Service Insurance System |
Employees Service Insurance System
Insurance Commission |
Philippine Atomic Energy Commission
Board of Investments
Construction Industry Arbitration Commission
Voluntary Arbitrators authorized by law
Ombudsman, in administrative disciplinary cases
National Commission on Indigenous Peoples.
prepesgrresse>gaegD
From the judgments or final orders or resolutions of the CA, the aggrieved
| party may appeal by certiorari to the SC as provided in Rule 45.
Judgments and final orders of the CTA en banc are now appealable to the
SC through a petition for review under Rule 45, pursuant to RA 9282.
3. SANDIGANBAYAN
(as amended by Section 4, R.A. 10660, promulgated April 16, 2015)
(a) EXCLUSIVE ORIGIN/
1. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt,
Practices Act, Republic Act No. 1379, otherwise known as An Act Declaring Forfeiture in favor of the
State any Property Found to have been Uniawfully Acquired by any Public Officer or Employee and
Providing for the Proceedings therefor, and Chapter Il, Section 2, Title VI, Book I! of the Revised Penal
Code, where one or more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim capacity, at the time of the commission of the
offense:
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