Nov 25 30:01-45:49
Chavez
Judge: Now, when there is a case that is filed in
court like unlawful detainer, forceable entry or
anything about land, title and possession; if
there is an allegation if tenancy, what will the
Court do?
Answer: The Court will refer the matter to the
Department of Agrarian Reform to determine
whether there is tenancy.
However, the Supreme Court in this case
(Laresma v. Abellana) and in other cases said
that you must not only rely on the findings of the
DAR, the Court itself must have or must conduct
a summary hearing to determine whether or not
there is tenancy.
So, if the Court if klaro masyado na walang
tenancy kahit ganon pa yung findings ng DAR it
must not dismiss the case. It’s not automatic that
it should be dismissed the Court should also
determine whether there is tenancy even with
the submission of DAR of the report that there is
tenancy. If there is no tenancy, the jurisdiction is
with the regular court. According to Rebecca
there is a need to determine which Court? MTC
or RTC? And since the assessed value was not
indicated in the complaint, however, there were
tax receipts attached or if there is a tax
declaration that is attached even if the assessed
value is not indicated in the complaint, it is still
considered compliance because that tax
declaration was attached, and all attachments
will be considered an integral part of the
complaint. So, it is deemed that they you
indicated it in your complaint and since the
assessed value is Php 8,000.00 which is less
than Php 20,000 itong time na ito yung assess
value then the RTC has no jurisdiction over the
subject matter or over the case.
Now it’s no longer Pho 20,000 or 50,000 in
Metro Manila it is Php 400,000. The assessed
value threshold is Php 400,000 whether in Metro
Manila or outside Metro Manila. Kaya nag
increase ang jurisdiction ng MTC. Medyo
dumami na rin pero according to… kasi yung
ratio daw ng MTC cases and RTC cases
according to the Supreme Court its 70:30; 30%
sa MTC, RTC 70%. But then with the expanded
jurisdiction parang 5%, 35% and 65%. Ano pa
kayang mangyayari para di ganun din kabigat
ang dadalhin ng RTC.
Hilado v.
(To follow, not yet in the drive)
Facts:
Issue:
Ruling:
That is the last case on the elements of
jurisdiction.
Let’s now go to the hierarchy of courts.
Hierarchy of Courts
A. Regular Courts
1) Supreme Court
2) Court of Appeals
3) Regional Trial Court
4) MeTC, MTCC, MTC and MCTC
So, this is the hierarchy of courts. The Supreme
Court is the highest court of the land, then the
Court of Appeals which has the same rank as
Sandiganbayan and Court of Tax Appeals. And
then, we have the Regional Trial Court and then
we have MeTC, MTCC, MTC and MCTC.
For the purpose of our discussion, we use
Municipal Trial Court, the first level court and
when we say Municipal Trial Court that would
refer to the four.
MeTC – Metropolitan Trial Court – these are the
first level courts in Metro Manila.
MTCC - Municipal Trial Court in Cities – these
are the first level courts in cities (e.g., Davao
City, Tagum City, Digos City, Mati City)
MTC - Municipal Trial Court – that is the first
level court in a municipality – there’s only one
municipality that is covered by the court (e.g.,
MTC of Assucion, MTC of New Corella) Why is it
that there’s only one municipality? Maybe when
the law was created it was a big municipality, so
that is why its only one municipality.
MCTC – Municipal Circuit Trial Court – it means
that there are two or more municipalities that are
covered by the first level court (e.g., In Davaol
del Sur – MCTC of Sta. Cruz; in Davao del Norte
MCTC of Carmen, Sto. Tomas and Dujali)

B. Special Courts

1) Court of Tax Appeals

2) Sandiganbayan
3) Sharia District and the Sharia Circuit
Courts
4) Family Courts

Court of Tax Appeals – has the same rank as

the Court of Appeals and Sandiganbayan.

In your CrimPro you discussed about the

jurisdiction of Sandiganbayan, correct? Ano ang
ang titingnan nyo to determine if Sandiganbayan
has jurisdiction? Dalawa. You have to look at the
position and the offense committed. Kung
related ba yun sa kanyang pagiging public
officer. But can private citizens be included in
the case? And the answer is yes. Kung kasama
nya yung mga public officers kasama din sya sa
kaso.

Then we have Sharia District and the Sharia

Circuit Courts - these are special courts and
then Family Courts. Although Family Court is a
Regional Trial Court but it’s a special court
because it hears, tries, and decides specific
cases.

- End of discussion for the night -