Transcribed by: Nhassie John G.
Gonzaga
Jurisdiction of Court of Appeals
Original Jurisdiction and Original Exclusive
– action for annulment of judgment of the RTC.
(ex. ground of extrinsic fraud and lack of
jurisdiction)
Annulment of Judgment – these are cases
wherein the decision of the parties and only
made the decision but one party was not able to
participate in it because of extrinsic fraud or lack
of jurisdiction.
Original Exclusive – filed as original petition
not a appellate. If the grounds are extrinsic fraud
and lack of jurisdiction you go to CA as a new
petition.
Bakit sa kanila? Because the CA is higher than
the RTC, you cannot ask a fellow RTC to annul
the decision of fellow RTC because they are co-
equal. So you go to CA.
However with respect to exclusive concurrent
with the SC, they have certiorari, prohibition,
and mandamus with respect to what? NLRC,
CSC, quasi-judicial bodies, RTC and MTC.
So ano itong certiorari, prohibition and
mandamus? Certiorari is under Rule 65, this will
taken up with you reach special proceedings, but
ano itong certiorari? Certiorari is simply abuse
of discretion. You are saying that when the RTC
renders its decision it abuse its discretion.
Prohibition, it means that you are trying to
prohibit the RTC and all other bodies listed
above to perform something.
Mandamus you are now saying you want to CA
to order all of the bodies to do something.
That means when you talk about certiorari you
are talking about acts of discretion, that means
that RTC judge wants to do something and it is
discretionary on the part of the RTC judge to do
it. Prohibition and mandamus are ministerial
acts.
Ministerial acts are a matter of obligation on the
part of the body to do it. For example, when the
Civil Procedure – based on the lectures of Judge Ronald Tolentino (Dec. 21, 2018)
courts have already the writ of execution it is
ministerial in its part to execute it. Ibig sabihin,
once hingiin wala kang choice kung di ibigay
mo kahit ayaw mo because it is your duty to do
it.
Inhibition is a matter of discretion and not
ministerial.
Writ of Kalikasan, you go directly to SC.
When we say concurrent, you can file it also in
SC such as Writ of amparo and habeas data.
Concurrent with SC and RTC – habeas corpus
(deprivation of liberty), quo warranto
(questioning the qualifications of a public
official).
When we are a talking of a public official whose
office is local in nature, you file it with the RTC,
or if you are talking with the high ranking
official or government employee whose scope is
national you file it with the CA or the SC.
Concurrent with SC and RTC for Certiorari,
Mandamus and Prohibition against the lower
courts.
Diba meron na tayong concurrent with the SC
with same thing, eh bakit meron pa tayong
concurrent with SC and RTC against the lower
court, baka nagka doble? Hindi yan nagkadoble,
because a certiorari, prohibition and mandamus
against the MTC can be filed with the RTC, CA
and SC. Whats the difference? Normally,
decisions of the MTC you go to RTC, but
sometimes especially when the certiorari not all
cases and all areas have RTC, merong areas na
MTC lang, saan mo iifile? Far flung barrios only
have MTC, where do you file it? You file it with
CA, kasi if pumunta ka sa RTC, sasabihin ng
RTC, wala akong jurisdiction jan, because there
are MTC’s that do not fall under the jurisdiction
of any RTC courts.
Now why do you file certiorari, prohibition and
mandamus before the SC? Only on questions of
law.
 Transcribed by: Nhassie John G. Gonzaga

One thing about certiorari, prohibition and
mandamus, there is one important requirement
and that is there is no other plain, speedy and
adequate remedy in the ordinary course of law.
That means the certiorari, prohibition and
mandamus is not a replacement for appeal, if
pwede i-appeal, you appeal it, hindi mo pwede
gamitin certiorari, prohibition and mandamus.
Appellate Jurisdiction of CA
Pagdating sa appellate, we have ordinary appeal.
Syempre appeal from where? Syempre RTC,
pwede ba mag appeal from MTC? Hindi, kasi
pag appeal you have one step.
Appeals from RTC on constitutional and
jurisdictional involving questions of fact –
ordinary appeal.
Appeals from Family courts. Family courts
which usually handles cases regarding, family,
annulment, adoption. Under the family court act,
it requires the creation of one Family Court in
every city and municipality.
All are practically the same; ang kaibahan is the
appellate jurisdiction.
Appellate Jurisdiction of SC
Dito na nagkakaiba. Sinabi natin ang appeal may
petition for review on certiorari, where? From
the CA, sandiganbayan, RTC, but pagdating sa
RTC it is only a questions of Law or the validity
of a treaty and provision of law. Last certiorari
from again the COMELEC, COA which is the
same with the rest.
Memorize nyo lang ang concurrent, because
when you memorize these 3 concurrent you
already know what is common between these
bodies. Pagdating dito sa SC, isa lang, certiorari,
prohibition and mandamus, yon lang ang
exclusive nila. Pagdating sa appellate
napakadali, appeals lang from these bodies (CA,
sandiganbayan, COMELEC, COA)

Appeal by way of petition for review

Appeals which were filed originally from MTC

then appealed to RTC then to CA.

Jurisdiction of SC

Original exclusive jurisdiction – certiorari,

prohibition and mandamus with respect to CA,
COMELEC, COA, Sandiganbayan (co-equal
with the CA) and the CTA (co-equal with CA).

Concurrent with CA – certiorari, prohibition and

mandamus with regards to CSC, NLRC, RTC
and lower courts and quasi-judicial bodies.

Pagdating sa quasi-judicial bodies although it is

concurrent with the CA dapat unahin ang CA.

Concurrent with CA, Sandiganbayan and RTC –

writ of amparo and habeas data.

Concurrent with CA, RTC – quo warranto,

habeas corpus

Civil Procedure – based on the lectures of Judge Ronald Tolentino (Dec. 21, 2018)