CRIMINAL PROCEDURE  Remedial law is mostly in the Rules of Court.
Circulars of the Supreme Court implementing
GENERAL PRINCIPLES
Remedial Law, definition.
 Remedial law is a traditional term which refers
to the rules which prescribe the procedure for
the protection and enforcement of all claims
arising from rights and duties created by law. 1
 This definition is in line with Section 1 of Article
8 of the 1987 Constitution regarding judicial
power: “Judicial power includes the duty of the
courts of justice to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or
not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government."
 Remedial law operates when there is a right to
be protected or enforced, a duty to be
mandated or there is a grave abuse of
discretion on the part of the government. If
substantive law is the product to be processed,
remedial law is the process.
 The Supreme Court has also given a definition
to remedial law, also called “adjective law” or
“procedural law.” It is that branch of law which
prescribes the method of enforcing rights or
obtaining redress for their invasion. 2
 Substantive law is that part of the law which
creates, defines and regulates rights, or which
regulates the rights and duties which give rise
to a cause of action; that part of the law which
courts are established to administer; as
opposed to adjective or remedial law, which
prescribes the method of enforcing rights or
obtains redress for their invasion. 3
 It used to be that the rule-making power was
shared between Congress and the Supreme
Court. However, under the 1987 Constitution,
this power is now exclusively the domain of the
latter.
1
Willard B. Riano, Criminal Procedure, 2019 edition
2
G.R. Nos. L-2068, October 20, 1948
3
36 C. J., 27; 52 C. J. S., 1026.
the Rules of Court are also sources of remedial
law. An example of such circular is the Rules on
Summary Procedure.
 According to Dean Riano, the Rules of Court do
not originate from Congress and, as such,
cannot be called laws in the strict sense.
However, since they are promulgated by
authority of law, they have the force and effect
of law, if not in conflict with positive law. The
rule is subordinate to the statute, and in case of
conflict, the statute will prevail. (GR No. L-286
and GR No 18940).
 It is important to note that, in this jurisdiction,
“law” is a general term to mean the body of
rules promulgated by authority. Hence, rules
issued by the Supreme Court can actually be
called laws. Laws issued by Congress and
signed by the President are called “statutes.” 4
Criminal Procedure, definition.
 It is the method prescribed by law for the
apprehension and prosecution of persons
accused of any criminal offense, and for their
punishment, in case of conviction. 5
 Procedural steps through which the criminal
case passes commencing with the investigation
of a crime and concluding with the
unconditional release of the offender.6
 It is a “generic term to describe the network of
laws and rules which governs the procedural
administration of justice”.7
 As such, it treats of the rules and processes by
which the criminal laws are enforced and by
which the State prosecutes persons who violate
such laws.8
4
Projectjurisprudence.com/2019/05/concept-sources-of-
remedial-law
5
Herrera, Vol. IV, p. 1, 2007 ed.
6
Ibid.
7
Black’s Law Dictionary, 5th Ed., 1979.
8
Criminal Procedure, the bar lecture series by Willard B
Riano, p. 22
  As applied to criminal law, procedural law before the court which hears them impartially and
provides or regulates the steps by which one renders judgment only after trial.
who has committed a crime is to be punished. 9

Adversarial / Inquisitorial Mixed System

Difference between Criminal Law and Criminal Accusatory System
Procedure System
The accusation is The detection and This is a
CRIMINAL LAW CRIMINAL PROCEDURE exercised by prosecution of combination of
Declares what conduct Lays down the every citizen or by offenders are not the inquisitorial
a member of the left to the and the
is criminal, defines processes by which an group to which initiative of accusatorial
crimes and prescribes offender is made to the injured party private parties systems.
punishment for such answer for the crime belongs. but to the officials
crimes. he committed. and agents of the
law.
Confines itself to the It provides how the act As the action is a Resort to secret Thus, the
definition of offenses, is to be punished combat between inquiry to examination of
the penalties the parties, the discover the defendants and
applicable for such supposed culprit and other person
offenses and the offender has the violence and before the filing
right to be torture were of the complaint
formulation of general confronted by his often employed or information
principles for liability. It accuser. to extract a may be
does not however confession. inquisitorial. This
answer the question as is particularly
true in
to how the offender is Preliminary
to be made liable for examination, for
his crime the purpose of
It does not prescribe These processes are issuing a warrant
of arrest.
the methods and supplied by criminal
The battle in the The judge was not Under the 1985
processes by which procedure. form of a public limited to the Rules on Criminal
the offender is made trial is judged by a evidence brought Procedure, a
accountable for the magistrate who before him but criminal action
crime. renders the could proceed may be instituted
verdict. with his own by complaint of
Substantive Remedial inquiry which was the offended
It defines crimes, treats It provides for the not confrontative. party or by
of their nature and method by which a information filed
provide for their person accused of a by the Fiscal and
once the criminal
punishment crime is arrested, tried
action is filed in
or punished. court, the
accused has the
right to confront
and cross-
examine his
accuser.

THE ADVERSARIAL OR ACCUSATORIAL SYSTEM

AND INQUISITORIAL SYSTEM [3 SYSTEMS OF
CRIMINAL PROCEDURE]
Note: It has been held that as a general rule, a
court proceeding in our judicial setup is
accusatorial or adversary and not inquisitorial in
nature. It contemplates two contending parties
9
People v. Lacson, 400 SCRA 267, 306
Adversarial or accusatorial system
1. The system of procedure in our jurisdiction is
accusatorial or adversarial. It is not inquisitorial.
It contemplates two contending parties before
the court which hears them impartially and
renders judgment only after trial. In our judicial
set up, a judge is not permitted to act as an
 inquisitor who pursues his own investigation REQUISISTES FOR THE EXERCISE OF CRIMINAL
and arrives at his own conclusion ex parte. 10 JURISDICTION

The system has a two-sided structure:

 Prosecution
 Defense
Jurisdiction Jurisdiction Territorial
Each side tries to convince the court that its position is over the over the Person Jurisdiction
the correct version of the truth. Subject matter of the accused
Requisites before a court can validly exercise its power to hear
2. In this system, the accusation starts with a and try a case:
It must have It must have It must have
formal indictment called as a complaint or an
jurisdiction over jurisdiction over jurisdiction over
information, the allegation in which must be the subject matter. the person of the the territory where
proven by the government beyond reasonable accused. the offense was
doubt. committed.
How to acquire jurisdiction
a. The government and the accused Is conferred by law Acquired upon: To acquire:
present their evidence before the court – the law not the
which shall decide either on acquittal ROC which a) his arrest or The offense should
designates the apprehension, with have been
or conviction of the accused. court which has or without a committed or any
b. In its decision -making process, the jurisdiction over a warrant, or one of its essential
court shall consider no evidence which particular offense. b) his voluntary ingredients should
appearance or have taken place
has not been formally offered. Statute in force at submission to the within the
c. The court, in this system, therefore, has commencement of jurisdiction of the territorial
a passive role and relies largely on the actions determines court. jurisdiction of the
the jurisdiction court.
evidence presented by both sides to the
How jurisdiction is determined
action in order to reach a verdict. Determined by Determined by Determined by
allegations in the allegations in the allegations in the
complaint or complaint or complaint or
information information information
INQUISITORIAL SYSTEM

 In this system, the court plays a very active role
and is not limited to the evidence presented
before it.
 The court may utilize evidence gathered outside
the court and a judge or a group of judges
under this system actively participates in the
gathering of facts and evidence instead of
passively receiving information or evidence
from the parties.
 The judge steers the course of the proceedings
by directing and supervising the gathering of
the evidence and the questioning of the
witnesses to the case.
 Thus, the counsels in the inquisitorial system
have less active roles than they have in the
adversarial system.
JURISDICTION OVER THE SUBJECT MATTER
 Refers to the authority of the court to hear and
determine a particular criminal case. It is, in
simple terms, jurisdiction over the offense
charged.
Elements:
 Nature of the offense;
 Authority of the court to impose the penalty
imposable given the allegation in the
information;
 Territorial jurisdiction of the court imposing the
penalty.

How Jurisdiction over the subject matter is conferred:

10
Queto v. Catolico, 31 SCRA 52, 58
 1. Jurisdiction is conferred by law, and lack of it
affects the very authority of the court to take
cognizance of and to render judgement on the
action.11
a. A void judgment for want of jurisdiction
is no judgment at all, and cannot be the
source of any right nor the creator of
any obligation.12
b. While jurisdiction is conferred by law,
the rule is that the allegations in the
complaint determine both the nature of
the action and the jurisdiction of the
court. The cause of action in a
complaint is not what the designation
of the complaint states, but what the
allegations in the body of the complaint
define and describe. The designation or
caption is not controlling, for the
caption is not even an indispensable
part of the complaint.13
2. Jurisdiction over the subject matter in a criminal
case cannot be conferred upon the court by the
accused, express waiver or otherwise, since
such jurisdiction is conferred by the sovereign
authority which organized the court, and is
given only by law in the manner and form
prescribed by law.14
a. It cannot be presumed or implied but
must appear clearly from the law or it
will not be held to exist. It cannot be
conferred by the agreement of the
parties; or by the court’s acquiescence;
or by the erroneous belief of the court
that it had jurisdiction; or by the waiver
of objections; or by the silence of the
parties.15
b. It cannot be acquired through a waiver
or enlarged by the omission of the
parties or conferred by the
acquiescence of the court. 16
11
Balibago Faith Baptist Church Inc v. Faith in Christ Jesus
Baptist, G.R. No. 191527
12
Cabrera v. Clarin, G.R. No. 215640
13
G.R. No 191527
14
Fukuzume v. People, G.R 474 SCRA 570, 583
15
Salvador v. Patricia, Inc., G.R. No. 195834
16
Atienza v. People, G.R. No. 188694
c. It is not conferred or acquired by the
unilateral assumption thereof by any
tribunal.17
d. It is not conferred by mere
administrative policy of any trial court. 18
e. It cannot likewise be conferred by an
erroneous belief of the court that it had
jurisdiction.19
How jurisdiction over the subject matter is determined:
 While jurisdiction of courts is conferred by law,
jurisdiction over a criminal case is determined
by the allegations in the complaint or
information.
 The court, must look into the allegations of the
written accusation for it to know whether or
not, it has jurisdiction over the offense charged
therein.
 If the facts set out in the complaint or
information are sufficient to show that the
court has jurisdiction, then that court indeed
has jurisdiction. Otherwise, it has no
jurisdiction.
 To illustrate: In one criminal case, the
information states that the accused, “conspiring
together and mutually helping with one
another, taking advantage of their superior
strength, as elements of the Philippine Army,
armed with their government-issued firearms
with intent to kill, by means of treachery and
evident premeditation, did then and there
willfully, unlawfully and feloniously attack,
assault and shoot the victims, hitting them on
different parts of their bodies, thereby inflicting
them multiple gunshot wounds which caused
their deaths.” The allegations clearly indicate
the alleged commission of the crime of murder.
Murder is a crime punishable under ART 248 of
the RPC and is within the jurisdiction of the
Regional Trial Court. Hence, irrespective of
whether the killing was actually justified or not,
jurisdiction to try the crime charged against the
respondent is vested upon the RTC by law. 20
17
Tolentino v. Social Security Commission, 138 SCRA 173,
180-181
18
Cudia v. CA, 284 SCRA 173, 180-181
19
Azarcon v. Sandiganbayan, 268 SCRA 747, 763
20
Rapsing v. Ables, 684 SCRA 195,200-201
  It has been ruled that the jurisdiction of the How acquired:
court is not determined by the evidence
1. Upon his arrest or apprehension, with or
presented by the parties at trial.21
without warrant; or
 In sum, only the allegations in the complaint or
2. His voluntary appearance or submission to the
information constitute the guideposts in
jurisdiction of the court.
determining the jurisdiction of the court,
disregarding the defenses of the accused or
whatever evidence is presented during the trial.
Voluntary submission, means:

 One who seeks an affirmative relief i.e. Filing

The conferment of jurisdiction cannot be presumed: pleadings ( filing a motion to quash or other
pleadings requiring the exercise of the court’s
 When the law confers jurisdiction, that
jurisdiction);
conferment must be clear. It cannot be
o NOT A VOLUNTARY SUBMISSION:
presumed. It must appear from the statute or
 Making a special appearance in
will not be held to exist.
court to question the
 In doubt: the provisions of law shall be inquired
jurisdiction of the court over
into.
the person of the accused (filed
Principle of adherence of jurisdiction or continuing a motion to quash on that
jurisdtiction ground);
 Accused filed a motion to quash
 Once a court has acquired jurisdiction, that
the warrant of arrest because it
jurisdtiction continues until the court has done
is the very legality of the court
all that it can do in the exercise of that
process forcing the submission
jurisdiction.
of the person of the accused
Objections on jurisdictional grounds: that is the very issue in a
motion to quash the
 An objection based on the ground that the information or the warrant of
court lacks jurisdiction over the subject matter arrest.
may be raised or considered motu proprio by  Appearing for arraignment;
the court at any stage of the proceedings or on  Entering trial
appeal.
o Limitation on the right to raise the issue
of jurisdiction:
Custody of the Law versus Jurisdiction over the person
 A party cannot invoke the
of the accused:
jurisdiction of the court to
secure affirmative relief against  Rule: Being under the custody of the law is not
his opponent and after necessarily being under the jurisdiction of the
obtaining or failing to obtain court.
such relief, repudiate or
question that same jurisdiction.
Territorial Jurisdiction and Extraterritorial Jurisdiction

Territorial Jurisdiction Extraterritorial

JURISDICTION OVER THE PERSON ACCUSED
Jurisdiction
In criminal proceedings, it is not sufficient for the court General Rule: Subject to Exception to the rule that
to acquire jurisdiction over the subject matter. It also existing laws, the the court cannot take
needs to acquire jurisdiction over the person accused: criminal action shall be jurisdiction over a person
instituted and tried in the charged with an offense
21 court of the municipality allegedly committed
Lacson v. Executive Secretary, 301 SCRA 298, 325
 or territory where the
offense was committed
or where any of its
essential ingredients
occurred.
The territory where the
court has jurisdiction to
take cognizance or to try
the offense allegedly
committed outside of the
limited territory.
Thus, it cannot take
jurisdiction over a person
charged with an offense
allegedly committed
outside of that limited
territory.
Distinguish Venue from Jurisdiction
Jurisdiction
Jurisdiction is the
authority to hear and
determine a case;
Jurisdiction is a matter of
substantive law;
Jurisdiction establishes a
relation between the
court and the subject
matter;
Jurisdiction is fixed by
law and cannot be
conferred by the parties;
Jurisdiction cannot be Venue is procedural, not
outside of that limited
territory:
Sec. 15 (b) (C) (d) of Rule
110, The Revised Rules of
Criminal Procedure.
Venue
Venue is the place where
the case is to be heard or
tried.
Venue, of procedural
law.
Venue, a relation
between plaintiff and
defendant, or petitioner
and respondent.
Venue may be conferred
by the act or agreement
of the parties.
waived. jurisdictional, and hence
may be waived. It is
meant to provide
convenience to the
parties, rather than
restrict their access to
the courts as it relates to
the place of trial.
(Philippine Banking
Corporation v. Tensuan
GR NO 104649, Feb. 28,
1994)
In the criminal cases, the venue of the crime goes
into the territorial jurisdiction of the court hence
where the criminal action is instituted not in the
place specified by the Rules and declared by the
substantive law as within the territorial jurisdiction of
the trial court, the motion to quash should be
grounded on lack of jurisdiction, and not improper
venue.
In criminal cases, is venue and jurisdiction one and the
same?
 Yes, it should be filed where the crime is
committed.
 In civil cases, venue and jurisdiction are
different with one another.
Section 5(4), Article 8 of the 1987 Philippine
constitution, provides that:
 Section 5. The Supreme Court shall have the
following powers:
o (4) Order a change of venue or place
of trial to avoid a miscarriage of
justice.
Define and Distinguish: Exclusive Original, Concurrent
and Special Jurisdiction
Exclusive Original Concurrent Special Jurisdiction
Jurisdiction Jurisdiction
As Classification
Courts of original Courts of Special or
jurisdiction: Those limited jurisdiction:
courts in which, Those which have
under the law, no power to decide
actions or their own
proceedings may jurisdiction and can
originally be only try cases
commenced. permitted by
 statute. Ex:
Municipal Trial Such concurrence does not
Courts. give the petitioner unrestricted
Based on its nature freedom of choice of court
Original jurisdiction Concurrent Special or limited forum.
or the power of the exclusive jurisdiction, which Between two courts of The SC will not entertain direct
court to take jurisdiction, restricts the court’s concurrent jurisdiction, the resort to it unless the redress
judicial cognizance sometimes referred jurisdiction only to case must first be filed with the desired cannot be obtained in
of a case instituted to as confluent or particular cases and lower court: the appropriate courts, and
for judicial action coordinate subject to such exceptional and compelling
for the first time jurisdiction, which limitations as may circumstances, such as cases of
under conditions is the power be provided by the national interest and serious
provided by law; conferred upon governing law. implications, justify the
different courts, extraordinary remedy of writ
And appellate whether of the of certiorari, calling for the
jurisdiction, or the same or different exercise of its primary
authority of a court ranks, to take jurisdiction.
higher in rank to cognizance at the Exception: When the case is of
reexamine the final same stage of the transcendental importance [If
order or judgment same case in the the Court deems a case to be
of a lower court same or different of paramount importance, the
which tried the judicial territories. requisites of actual case or
case now elevated controversy and legal standing
for judicial review. or locus standi may be
dispensed with according to
Exclusive the former's discretion.]
jurisdiction, or the Principle of Judicial Hierarchy 1] this is an ordained sequence
power to of recourse to courts vested
adjudicate a case or with concurrent jurisdiction,
proceeding to the beginning from the lowest, on
exclusion of all to the next highest, and
other courts at that ultimately to the highest. This
stage hierarchy is determinative of
the venue of appeals, and is
likewise determinative of the
HIERARCHY OF COURTS proper forum for petitions for
extraordinary writs. This is an
Judicial Hierarchy established policy necessary to
Definition: Purusant to the doctrine of avoid inordinate demands
hierarchy, direct resort from upon the Court’s time and
the lower courst to the attention which are better
Supreme Cout will not be devoted to those matters
entertained unless the within its exclusive jurisdiction,
appropriate remedy cannot be and to preclude the further
obtained the lower tribunals. clogging of the Court’s docket
Reason: To prevent inordinate (Sec 9(1), BP129 | Sec 5(1), Art
demands upon the Supreme 8, 1987 Constitution.
Court’s time and attention
which are better devoted to
those matters within its Adherence of Jurisdiction
exclusive jurisdiction; and
Adherence of Jurisdiction
To prevent further General Rule Once jurisdiction is vested in
overcrowding of the SC’s the court, it is retained up to
docket; the end of the litigation.
Ordinarily, jurisdiction once
Thus, although the SC, the CA acquires is not affected by
and RTC have concurrent subsequent llegislative
jurisdiction to issue: enactment placing jurisdiction
1]Writes of certiorari in another tribunal.
2] Prohibition
3] mandamus It remains with the court until
4] quo warranto the case is finally terminated.
5] habeas corpus Thus, it has been held that the
6] injunction Sandiganbayan or the courts as
 the case may be, cannot be The previous law vests
divested of jurisdiction over jurisdiction in the RTC where
cases filed before them by non of the principal accused
reason of RA No 7975. are occupying positions
corresponding to Salary Grade
They retain their jurisdiction 27.
until the end of the litigation.
Exception: Where, however, the The term “principal” was
subsequent statute expressly deleted so that under the
provides, or is construed to the amendment, if an accomplice
effect that is applicable to belongs to Salary Grade 27,
operate as to actions pending then jurisdiction is with the
before its enactment. Sandiganbayan even if none of
the principals belong to a
Where a statute changing the lower salary grade. The
jurisdiction of a court has no amendment was applied
retroactive effect, it cannot be retroactively.
applied to a case that was
pending prior to the
enactment of the statute. Due Process in Criminal Procedure
RA No. 7975 by virtue of Due Process in Criminal Procedure
Section 7 belongs to the Sources of Criminal a. The Spanish Law of
exception rather than a rule. procedure Criminal Procedure;
b. General Orders No. 58,
The provision is transitory in dated April, 23, 1900;
nature and expresses the c. Amendatory Acts passed
legislature’s intention to apply by the Philippine
its provisions on jurisdiction to Commission;
criminal cases in which trial has d. The various quasi acts,
not began in the the Philippine Bill of
Sandiganbayan. To this extent 1902, the Jones Law of
R.A No 7975 is retroactive. 1916, the Tydings-
McDuffie law and the
In another case, the court held Constitution of the
that although the Philippines;
Sandiganbayan has jurisdiction e. The Rules of Court of
upon the enactment of RA No. 1940 and the 1964, 1985,
7975 because he falls below and 1988 Rules on
the rank and full colonel, and Criminal Procedure.
trial has not yet begun. f. Various Republic Acts
e.g.,
In Lacson v. Executive
 RA 240;
Secretary, the amendment in
 NEW RULE 127,
RA No 8249 that in cases
providing for
where none of the accused are
attachment;
occupying positions
 RA 296,
corresponding to Salary Grade
Judiciary Act of
27 or higher, as prescribed in
1948 denning
the said RA NO 6758, or
criminal
military and PNP officers
jurisdiction;
mentioned above, exclusive
AND
original jurisdiction thereof
 BP BLG 129 as
shall be vested in the proper
amended by RA
regional trial court,
NO 7691;
metropolitan trial court,
 RA 8249,
municipal trial court, and
creating the
municipal circuit trial court, as
Sandiganbayan;
the case may be, pursuant to
 RA 8349, The
their respective jurisdiction as
Speedy Trial
provided in BP Blg. 129, as
Act of 1998.
amended, was applied to the
g. Presidential Decrees,
pending criminal case in the
e.g.,
Sandiganbayan.
 PD No 911;
  RA No 732, Prescriptive Period for Crimes – Interruption
regulating the
authority of RPC SPECIAL LAWS
Prosecuting Rule: Institution of criminal Section 2 of Act No 3326:
Fiscals to action shall interrupt the
Conduct period of prescription of the Prescription should begin to
Preliminary offense charged unless run from the day of the
Investigation. otherwise provided in special commission of the violation of
h. Constitution – Rights of laws. (Sec. 1 Rule 110, Rules of the law, and if the same be not
an accused under Art III. Court) known at the time, from the
i. The Civil Code (Arts. 32, discovery thereof and
33 and 34) institution of judicial
j. Judicial decisions For offenses where a proceedings are dismissed for
applying or interpreting preliminary investigation is reasons not constituting
our laws which form part required, the filing of the double jeopardy.
of our legal system. complaint with the proper
k. RA No 8493, The Speedy officer for such purpose, This simply means that if the
Trial Act of 1998 would, under the Rules of commission of the crime is
l. Circulars Court, interrupt the period of known, the prescriptive period
m. The Revised Rules on prescription. shall commence to run on the
Criminal Procedure. day it was committed.
Minimum Requirement Notice and hearing Exception: When a different
Requirements of The requirements of procedural Rule is provided for in special
Procedural Due Process, in process are as follows: laws.
general.
1. There must be an For offenses where a
impartial and competent preliminary investigation is
court with judicial power not required, the filing of the
to hear and determine information or complaint
the matter before it; directly with the Municipal
2. Jurisdiction must have Trial Courts and Municipal
been lawfully acquired Circuit Trial, or with the office
over the person of the of the prosecutor shall,
defendant or over the likewise, interrupt the period
property subject of the of prescription of the offense
proceeding; charged because it is a mode
3. The defendant must be by which a criminal action is
given an opportunity to instituted under Sec 1, Rule
be heard; 110.
4. Judgment must be
rendered upon lawful
hearing.
Requirements of 1. The accused must be
Procedural Due Process in heard by a court of JURISDICTION
Criminal Cases competent jurisdiction;
2. He must have been
proceeded against under Katarungang Pambarangay (Local Government Code,
orderly processes of the
law Book III, Title 1, Chapter7)
3. He may be punished only
Sec. 399 – Lupong a] There is hereby created in
after inquiry and
Tagapamayapa each barangay a lupong
investigation
tagapamayapa, hereinafter
4. There must be notice to
referred to as the lupon,
the accused
composed of the punong
5. The accused must be
barangay, as chairman and ten
given an opportunity to
(10) to twenty (20) members.
be heard
The lupon shall be constituted
6. Judgment must be
every three (3) years in the
rendered within the
manner provided herein.
authority of
Sec. 402. Functions of the The lupon shall:
constitutional law.
Lupon
(a) Exercise administrative
supervision over the
conciliation panels provided

Section 407. Legal Advice on
Matters Involving Questions of
Law.  legal officer shall render legal
Section 408. Subject Matter for
Amicable Settlement;
Exception Thereto.
herein;
(b) Meet regularly once a
month to provide a forum for
exchange of ideas among its
members and the public on
matters relevant to the
amicable settlement of
disputes, and to enable various
conciliation panel members to
share with one another their
observations and experiences
in effecting speedy resolution
of disputes; and
(c) Exercise such other powers
and perform such other duties
and functions as may be
prescribed by law or
ordinance.
The provincial, city legal officer
or prosecutor or the municipal
advice on matters involving
questions of law to the punong
barangay or any lupon or
pangkat member whenever
necessary in the exercise of his
functions in the administration
of the katarungang
pambarangay.
The lupon of each barangay
shall have authority to bring
together the parties actually
residing in the same city or
municipality for amicable
settlement of all disputes
except:
(a) Where one party is the
government, or any
subdivision or instrumentality
thereof;
(b) Where one party is a public
officer or employee, and the
dispute relates to the
performance of his official
functions;
(c) Offenses punishable by
imprisonment exceeding one
(1) year or a fine exceeding
Five thousand pesos
(P5,000.00);
(d) Offenses where there is no
private offended party;
(e) Where the dispute involves
real properties located in
different cities or
municipalities unless the
parties thereto agree to submit
their differences to amicable
settlement by an appropriate
lupon;
(f) 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;
(g) Such other classes of
disputes which the President
may determine in the interest
of Justice or upon the
recommendation of the
Secretary of Justice.
The court in which non-
criminal cases not falling within
the authority of the lupon
under this Code are filed may,
at any time before trial motu
propio refer the case to the
lupon concerned for amicable
settlement.
Section 409. Venue. (a) Disputes between persons
actually residing in the same
barangay shall be brought for
amicable settlement before
the lupon of said barangay.
(b) Those involving actual
residents of different
barangays within the same city
or municipality shall be
brought in the barangay where
the respondent or any of the
respondents actually resides,
at the election of the
complaint.
(c) All disputes involving real
property or any interest
therein shall be brought in the
barangay where the real
property or the larger portion
thereof is situated.
(d) Those arising at the
workplace where the
contending parties are
employed or at the institution
where such parties are
enrolled for study, shall be
brought in the barangay where
such workplace or institution is
located.
Objections to venue shall be
raised in the mediation
proceedings before the
punong barangay; otherwise,
the same shall be deemed
waived. Any legal question
which may confront the
punong barangay in resolving
objections to venue herein
referred to may be submitted
to the Secretary of Justice, or
his duly designated

Section 410. Procedure for
Amicable Settlement.
representative, whose ruling
thereon shall be binding.
(a) Who may initiate
proceeding - Upon payment of
the appropriate filing fee, any
individual who has a cause of
action against another
individual involving any matter
within the authority of the
lupon may complain, orally or
in writing, to the lupon
chairman of the barangay.
(b) Mediation by lupon
chairman - Upon receipt of the
complaint, the lupon chairman
shall within the next working
day summon the
respondent(s), with notice to
the complainant(s) for them
and their witnesses to appear
before him for a mediation of
their conflicting interests. If he
fails in his mediation effort
within fifteen (15) days from
the first meeting of the parties
before him, he shall forthwith
set a date for the constitution
of the pangkat in accordance
with the provisions of this
Chapter.
(c) Suspension of prescriptive
period of offenses - While the
dispute is under mediation,
conciliation, or arbitration, the
prescriptive periods for
offenses and cause of action
under existing laws shall be
interrupted upon filing the
complaint with the punong
barangay. The prescriptive
periods shall resume upon
receipt by the complainant of
the complainant or the
certificate of repudiation or of
the certification to file action
issued by the lupon or pangkat
secretary: Provided, however,
That such interruption shall
not exceed sixty (60) days from
the filing of the complaint with
the punong barangay.
(d) Issuance of summons;
hearing; grounds for
disqualification - The pangkat
shall convene not later than
three (3) days from its
constitution, on the day and
hour set by the lupon
chairman, to hear both parties
and their witnesses, simplify
issues, and explore all
possibilities for amicable
settlement. For this purpose,
the pangkat may issue
summons for the personal
appearance of parties and
witnesses before it. In the
event that a party moves to
disqualify any member of the
pangkat by reason of
relationship, bias, interest, or
any other similar grounds
discovered after the
constitution of the pangkat,
the matter shall be resolved by
the affirmative vote of the
majority of the pangkat whose
decision shall be final. Should
disqualification be decided
upon, the resulting vacancy
shall be filled as herein
provided for.
(e) Period to arrive at a
settlement - The pangkat shall
arrive at a settlement or
resolution of the dispute
within fifteen (15) days from
the day it convenes in
accordance with this section.
This period shall, at the
discretion of the pangkat, be
extendible for another period
which shall not exceed fifteen
(15) days, except in clearly
meritorious cases
Section 411. Form of All amicable settlements shall
settlement be in writing, in a language or
dialect known to the parties,
signed by them, and attested
to by the lupon chairman or
the pangkat chairman, as the
case may be. When the parties
to the dispute do not use the
same language or dialect, the
settlement shall be written in
the language known to them.
Section 412. Conciliation. (a) Pre-condition to Filing of
Complaint in Court. - No
complaint, petition, action, or
proceeding involving any
matter within the authority of
the lupon shall be filed or
instituted directly in court or
any other government office
for adjudication, unless there
has been a confrontation
between the parties before the
lupon chairman or the
pangkat, and that no
conciliation or settlement has
been reached as certified by
the lupon secretary or pangkat
secretary as attested to by the
lupon or pangkat chairman or
unless the settlement has been
repudiated by the parties

Section 413. Arbitration.
Section 414. Proceedings Open
to the Public; Exception.
thereto.
(b) Where Parties May Go
Directly to Court. - The parties
may go directly to court in the
following instances:
(1) Where the accused is under
detention;
(2) Where a person has
otherwise been deprived of
personal liberty calling for
habeas corpus proceedings;
(3) Where actions are coupled
with provisional remedies such
as preliminary injunction,
attachment, delivery of
personal property and support
pendente lite; and
(4) Where the action may
otherwise be barred by the
statute of limitations.
(c) Conciliation among
members of indigenous
cultural communities. - The
customs and traditions of
indigenous cultural
communities shall be applied
in settling disputes between
members of the cultural
communities.
(a) The parties may, at any
stage of the proceedings, agree
in writing that they shall abide
by the arbitration award of the
lupon chairman or the
pangkat. Such agreement to
arbitrate may be repudiated
within five (5) days from the
date thereof for the same
grounds and in accordance
with the procedure hereinafter
prescribed. The arbitration
award shall be made after the
lapse of the period for
repudiation and within ten (10)
days thereafter.
(b) The arbitration award shall
be in writing in a language or
dialect known to the parties.
When the parties to the
dispute do not use the same
language or dialect, the award
shall be written in the language
or dialect known to them.
All proceedings for settlement
shall be public and informal:
Provided, however, That the
lupon chairman or the pangkat
chairman, as the case may be,
may motu proprio or upon
request of a party, exclude the
public from the proceedings in
the interest of privacy,
decency, or public morals.
Section 415. Appearance of
Parties in Person.
Section 416. Effect of Amicable
Settlement and Arbitration
Award.
Section 417. Execution.
Section 418. Repudiation.
Section 419. Transmittal of
Settlement and Arbitration. -
Award to the Court.
In all katarungang
pambarangay proceedings, the
parties must appear in person
without the assistance of
counsel or representative,
except for minors and
incompetents who may be
assisted by their next-of-kin
who are not lawyers.
The amicable settlement and
arbitration award shall have
the force and effect of a final
judgment of a court upon the
expiration of ten (10) days
from the date thereof, unless
repudiation of the settlement
has been made or a petition to
nullify the award has been filed
before the proper city or
municipal court.
However, this provision shall
not apply to court cases settled
by the lupon under the last
paragraph of Section 408 of
this Code, in which case the
compromise or the pangkat
chairman shall be submitted to
the court and upon approval
thereof, have the force and
effect of a judgment of said
court.
The amicable settlement or
arbitration award may be
enforced by execution by the
lupon within six (6) months
from the date of the
settlement. After the lapse of
such time, the settlement may
be enforced by action in the
appropriate city or municipal
court.
Any party to the dispute may,
within ten (10) days from the
date of the settlement,
repudiate the same by filing
with the lupon chairman a
statement to that effect sworn
to before him, where the
consent is vitiated by fraud,
violence, or intimidation. Such
repudiation shall be sufficient
basis for the issuance of the
certification for filing a
complaint as hereinabove
provided.
The secretary of the lupon
shall transmit the settlement
or the arbitration award to the
appropriate city or municipal
court within five (5) days from
the date of the award or from
the lapse of the ten-day period
repudiating the settlement and
shall furnish copies thereof to
 each of the parties to the  Regardless of other
settlement and the lupon impossible accessory or
chairman. other penalties and civil
liability arising
therefrom
 Have EOJ over offenses
involving damage to
property through
criminal negligence.

Offenses not falling within EOJ of

Sandiganbayan
 None of the accused is
occupying a position
corresponding to salary
grade 27 and higher
Only penalty provided by law is a
MUNICIPAL TRIAL COURT / METROPOLITAN TRIAL fine not exceeding 4K

COURT
Exclusive Original Jurisdiction Special Jurisdiction
[CRIMINAL CASES] [CRIMINAL CASES]
Rule on Summary Procedure

Summary Procedure Applications for bail Summary Proceeding Summary procedure

 Violations of traffic  In the absence of Definition
laws, rules and all RTC judge Any proceeding by which In procedure,
regulations;
a controversy is settled, proceedings are said to
 Violations of rental law
& BP 22; case disposed of, or trial be summary ‘when they
 Violations of conducted, in a prompt are short and simple in
city/municipal and simple manner, with comparison with regular
ordinances committed out the aid of a jury, proceedings
within territorial
jurisdiction;
without presentment or
 Offenses punishable indictment, or in other
with imprisonment of respects out of the
not more than 6 regular course of the
months, or a fine not common law.
exceeding 1K, or both
o Regardless of
other
impossible
accessory or
other
penalties and
civil liability
arising
therefrom;
o Offenses
involving
damage to
property
through
criminal
negligence
where
imposable
fine does not
exceed 10K.
Offenses punishable with
imprisonment of not more than 6
years.
 Irrespective of fine