MEMORY AlDsmame TABLE OF CONTENTS RULE! RULE 2. RULES. RULE 4 RULE 5. RULES. RULE?. RULES. RULE 9. RULE 10. RULE 11 RULE 12. RULE 13. RULE 14 RULE 15, RULE 17 RULE 18 RULE 19) RULE 20, RULE 21 GENERAL PROVISIONS. PARTIES TO CIVIL ACTIONS. VENUE OF ACTIONS ste UNIFORM PROCEDURE IN TRIAL COURTS. KINDS OF PLEADINGS PARTS AND CONTENTS OF A PLEADING. MANNER OF MAKING ALLEGATIONS IN PLEADINGS EFFECT OF FAILURE TO PLEAD... [AMENDED AND SUPPLEMENTAL PLEADINGS WHEN TO FILE RESPONSIVE PLEADINGS, BILL OF PARTICULARS. FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS ‘SUMMONS, MOTIONS. DISMISSAL OF ACTIONS. PRE-TRIAL INTERVENTION CALENDAR OF GASE SUBPOENA. RULES ON DISCOVERY RULE 22, RULE 23, RULE 24 RULE 25. RULE 26. RULE 27 RULE 28. RULE 29. RULE 30. RULE 31 RULE 32 RULE 33 RULE 34. RULE 35. RULE 36. RULE 37. (COMPUTATION OF TIME DEPOSITIONS PENDING ACTIONS DEPOSITIONS BEFORE ACTION OR PENDING APPEAL INTERROGATORIES TO PARTIES ADMISSION BY ADVERSE PARTY PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS PHYSICAL AND MENTAL EXAMINATION OF PERSONS REFUSAL TO COMPLY WITH MODES OF DISCOVERY. TRIAL. CONSOLIDATION OR SEVERANCE TRIAL BY COMMISSIONER DEMURRER TO EVIDENCE JUDGMENT ON THE PLEADINGS SUMMARY JUDMENIS. JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF NEW TRIAL OR RECONSIDERATION, 2 4 100 106 108 409 m1 ut m2 ne 120 122 123 128 125 128 192 133 195 138 139 142 150 saMEMURY AID COURT OF APPEALS. ‘atone for annulment of judgments othe RTC (.P Bly 128 See 8. par. (2) NOTE: The Court of Appealls may act as a trial court in the following instances In annulment of judgments (ROC, Rule 47, Secs. 6 and 6): \When a motion for new trial is granted by the Court of Appeals (ROC, Rule 53, Sec 4 ‘A petition for habeas corpus shall be sel for hearing (ROC, Rolle 102, Sec. 12) To resolve factual issues in cases within is orginal anc appellate jurisdiction (ROG, ule 124, Sec 12} In cases of new tral based on newly discovered evidence (ROC, Rule 124, See 14): In cases involving claims for damages arising from provisional remedies 7. inswrit of amparo proceedings (AM No. 07-9-12-SC), In wat of kalikason proceedings (Rule 7, AM No. 09-6-0-5 In wrt of habeas data proceedings (AM No, 08-1-16-SC) Palilons for covtiorari, prohibition or mandamus against RIG (BP. Bl. 129, Sec. 21, par. (1) Giull Service Commission (RA. No. 7902); Contral Board of Assessment Appeals (P.D No. 464; BP. lg 129; R.A, No. 7902); National Labor Relations Conimission (St. Martin Funeral Homes v. NLRC, G.R. ‘No. 130866, Soptmber 16, 1998); and Other quasi judicial agencies (B.P. Bly: 129, RA. No, 7902; Heirs of Hinog v Molicor, G.R. No. 140984, Apeil 12, 2005), ana Petitions for a Writ of Kalikasan (A.M. No. 09-0-8-8C, Rule 7. Sec 3). Fee poltons for Wt of Habeas Corpus Petitions for Quo Werranto: Peltions for certioran, prohibition or mandamus against inferior courts and other bodies (BP. Big. 129, Sec. 9, par. (1), 21, par. (1), CONST. Ar Vil, Sec. 8, par (1)J; and Petitions for writ of cantinuing menlamiis (AM. No. 096-8-SC. Rule 8, See. 2) 2) with the RTC, SC, &Sandiganbayan: | 41. Palins for a Wri of Amparo (AM, No, 07-9-12-SC, Sec. 3): and Petitons lor a Writ of Habeas Dato (AM, No. 08-1-16-5C, See. 3) By way of Ordinary Appeal from the RTC and the Family Couns; By way of Petiton for Revew from the RTC rendered in the exercise ofits appellate Jurisdiction, Ay way of Petition for Review from the decisions, resolutions, orders or awards of the a. Chil Service Commission, Office of tho Ombudsman in administrative ascptinary, and © Other bovies mentioned in Rue 43; (BP. Big. 129, Sec. 9, par (3); and By way of ordinary appeal over decisions of the MTCs in cadasteal or lang registration ‘cases pursuant to is delegated jurisdiction (BP, Blg, 129. Sec. 34, as amendod by RA. No, 7691} im i et is 9 4 ry a. a 4 ra wu Fa im ° h4 cine aC Hic Cr GENERAL PRINCIPLES Remedial Law SANDIGANBAYAN __ Ie [Cases involving wolations of: 1” E.0. No. 1 (Creating the PCGG); 2. E.0. No. 2(Ilegal Acquistion and Misappropriations of Ferdinand Marcos, Imeka Marcas their close relates, subordinates, business associates, dummies, agents or nominees); E.0. No. 14 (Cases involving the ll-gotten wealth ofthe immediately mentioned persons); and 0. No. 14-A (amendments to E.0. No. 14) (R.A. No. 10660, otherwise known as An Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan, Sec. 2). etitions for certiorari, prohibition, and mandamus whether or notin ai ofits appellate jurisdiction (A.M. No. 07-7-12-SC); and Petitions for wis of Habeas Corpus, injunction, and other ancilary wits in ald of ts appellate jurisdiction, including Quo Warranto arising in cases fang under €.0. Nos. 1, 2, 14, and 14-4, With the SC, CA & RTC: 1. Petitions for Wit of Amparo (A:M:No07-9:12.SC, otherwise known as The Rule on Whit of Amparo, See. 3); and 2. Pelitions for Wri of laboas Data (A M’No, 08-1-16-SC, otherwise known as The Rule ‘on Wit of Habeas Det, Sec. 3). I the gross value, lati or demand exceeds P00,000 (outside Metro Manila), or excee 'P400,000 (Metro Maria) in PAP-M: 1. Actions involving Bersonal property depending on the value of the property: 2. Admiralty and marine casos depending on the amount of demand or claim: 3, Probate proceedings (testate or Intestato) rlepending on the qross value of the estate 4. Domand for Money depending onthe ameuint (FP. Bg. 129, Sec, 19, Par. (3). (1), & (8) & See. 33, Par. (1) as amended by R.A. No, 7691). Note: Exclusive of Interost, Damages 6f whatever kind, Altorney’s fees. Litigation expenses, ‘and Costs (IDALeC), the arnount of which must be specifically alleged: but shall be included in the determination of the fling fees (B.P. Big. 129, Soc. 33, par (1), as amended) A uncer Secs. 19, par. (8) and 33, par (1) of B.P. Big. 129, as amended by RA. No. 7691 H eppies to cases where the damages are merely incidental io or a consequence of the main G84] cause of action. However, in cases where the claim for damages isthe main cause of action one of the causes of action, the amount of such claim shah be considered in determining the jurisdiction of the court (A.C. ‘No. 09-94, otherwise known as the Guidelines in the Implementation of R.A, No. 7691, June 14, 1994), f The totaly ofa claims embodied in one complaint shal be the test in determining jurisdiction inother the claims arise out ofthe same or diferent transactons, or whether the claims a {out of the same or different transactions, or whether they boiong to the same or diferent E) persons (BP Big. 129, Seo. 33) E75. In al cil actions which involve the ite to, or possession of, real property, of any interest therein, where the assessed value of the property involved exceeds Twonly thousand pesos (P20,000,00) ox, for cil actions in Matra Manila, where such value excreta FiftyMEMORY AID ee nce ee thousand pesos (P50,000 00) except actions for forcible entry into and unlawful detainer of lands of buisings (BLP, Big. 129 Soc. 19, Par. (2), as amonded by R.A. No. 7691) ‘ations where the subject matter of which is Incapable of pecuniary estimation (See | ‘iscussion under RULE 1, Soc. 3). ‘Where the basie issue fs something othr than the right to recover a sum of money, othe ‘money claim is merely incicental tothe principal elie, the action is incapable of pecuniary lestimation (Russel v. Vast, G.R. No, 179347, March 17, 1999), NOTE: All actions which are Incapable of pecuniary estimation are cognizable by the RTC except the annulment ofjuxigments of the RTC, which is cognizable by the CA (B.P. Big 129), Cases not within the exclusive jurisdiction of any cour, tribunal, person or body exercising judicial oc quasi-judicial functions (General Jurisciction of RTC); Under Section 5:2 of the Securities and Regulations Code to hear and decide: ‘2. Cases involving devices or schemes employed by or any acts of the board of directors, business associates, ite officers or parinershis, amounting to fraud and mistepresentation: Intra-corporate controversies; Controversies in the elections or appointments of directors, trustees, officers, or managers of corporations, partnerships, or essociations; and Peitions of corporations, partnerships or associations to be declared in the state of suspension of payments (Securities and Regulations Code, Sec. 5.2 and P.D. No. 902.4, See. 5) NOTE: If an ordinary civil case filed tefore the propor RTC is wrongly raffled to its branch designated as a Special Commercial Coun, then the case shall be referred to the Executive Judge for re-docketing as an ordinary civil case rather than dismissing the same (Gonzales v. GUI Land inc, G.R. No. 202664, November 20, 2015). Th's overturns Home Guaranty Corp WR Buildors, nc. G.R. No. 192648, June 22, 2011. SC may determine in the inlerest of speedy and efficient administration of justice (E.P. Bl 129, See. 23). With the SC: Actions affeciing ambassadors, pubic ministers and Consus, With the Sc & CA: Pealiions for writs of Habeas Corpus; Palitions for Quo Warrant, Pelitions for certiorari, prohibition or mandamus against interior courts and other bodies: and Pititons for continuing mandazs With the SC, CA, & Sandiganbayan. 1 Paiiions for a Weit of Amparo; and 2. Peilions for a Writ of Habeas Data, With the insurance Commissioner: Single claim nol exceeding P5,000,000 (INSURANCE CODE, as amended by R.A. No, 10607, Sec, 439) GENERAL PRINCIPLESGENERAL PRINCIPLES Remedial Law satel Ss HEE A cases decided by the MTCs in their respective tettorial jurisdiction except decisions of lower courts in the exercise of delegated jurisdiction, ee ees IW the gross valve, claim, or demand does not exceed 300,000 (outside Metro Mania). ot does rit exceed P400,000 (Metro Mania} in PAP-M: 1. Actions involving Personal property depending on the value of the property 2. Admiraty and maritime cases depending on the amount of demand or cai: 3. Probate proceedings (estate or intestate) depending on the gross value ofthe estate; 14. Demand for Money depending on the amount (B.P. Big, 129, Soc. 19, Par. (3), (4). & (8), & Seo, 93, Par. (1) as amended by RA. No. 7691). Note: Exclusive of Intorest, Damages of whatever kind, Attorney's fees, Litigation expenses, and Costs (IDALeC), the amount of which must bé specifically alleged; but shall be included in the determination ofthe fling foes (B.P. Big. 129, Sec. 39, par. (7), as amended) The exclusion of the term “damages of whatever kind” in determining jurisdictional amount under Secs. 19, gar. (8) and 33, par. (1) of BP. Big. 129, a8 amended by R.A, No. 7691 G coplies to cases where the damages are merely incidental to 0: a consequence of the main ‘cause of action, However, in cases where the claim for damages is the main cause of action of one of the causes of action, the amount of such claim shall be considered in determining ‘he jurisdiction of the court (A.C. No. 09-04, otherwise known as the Guidelines in the Implementation of R.A, No, 7691, June 14, 1994) The totally ofa dain embodied in one complain shal hth etn determining juiscon vhotnr the ams aro uote same or rent wansactons or whothr tas ar BERTI cr or tne samo or corm rancactone, or whether ey volo tte emo oe trent PEE J pon ioe bu 120 Soe 39) In all civil actions which involve tile to, or possession of, real propery,-or any interest therein where the assessed value of the property oF inorest therein does not cxcocd Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Filly thousand pesos (PS0,000,00) exclusive of inte damages of whatever kind, attorney's fees, iligation expenses and costs: Provided, 1hat | in cases of land not declared for taxation purposes. the value of such property shall be dotermined by the ancessed value of the adjacent lots (DF. Big. 129 Suu, 39, Par, (3), as ‘amended by RA, No. 7591). Inclusion and exclusion of voters (8.P. Big. 881, Sec. 138), Cases faling under the 1991 Revised Rules on Summary Procedure a. Forcible Entry and Unlawful Detainer Irrespective ofthe amount of damages or unpaid rentals sought to be recovered, NOTE: Where attorney's fees are awarded, the same shall not exceed P20,000. ‘Otner civil cases, excepl probate proceedings, where tha total amount of the plain’ Claim does not exceed P100,000 or does not exceed P200,000 in Metro exclusive of interests and costs (as amonded by AM. No, 02-11-09-SC, effective Novernber 25, 2002) Cases falling under the 2016 Revised Rules of Procedure for Small Claims CasesREMY AID These Rules shall govern the procedure for payment of money whore th value of the claim does not exceed 200,000.00 exclusive of interest and costs (A.M. No. 08-8-7-SC, See. 2, as amended, elective February 1, 2016). NOTE: Amendments made as tothe jurisdictional amount Increased from Php 200,000 to Php 300,000 (OCA Circular No. 165-2016- En Bane Resolution dated July 10, 2018, effective August 1, 2078) Increased from Php300,000 to Php 400,000 (OCA Circular No. 45-19, dated March 21, 2018, effective Apri 1, 2019). Applicable in all actions that are purely civil in nature where the claim or relat prayed for by the plaintif is solely for payment or relmbursement of sum of money. “The claim or demand may be: 2, For money owed under the following iL Contract of Lease, ii, Contract of Loan, i, Contract of Services; iv. Contract of Sate; and ¥. Contract of monigage; For damages from fault or negligehice, quasi-contrac, or contract; The enforcement of a barangay amicable Setlemept oF an arbitration award involving A money claim covered by this Rula-pursuant to Section 417 of R.A. No. /160, The Local Government Code of 1991 (AM. No. 08-8-7-SC, Séc. 5, as amended dated February 1, 2016). Pelion for writ of Habeas Corpus or application for ail n eriminal casos in the absence ofall RIC judges in the province or city Eicieag| NOTE: In tho absonce ofall the RTC judges, any MTC judge in the province o ety where the absent RTC judges sit, may hear and decide: Petitions for writ of habeas corpus; or Applications for bal in criminal cases (BP. Big: 129, Sec. 35). May be assigned by the SC to hear cadastral or land registration cases where Eee eciad |. There is no controversy or opposition over the land; or Incase of contested lands, the value does not excoad P100,000, All cases of forcible entry and unlawful dotaincr, respective of the amount of damages ‘or unpaid rentals sought to be recovered. Where attomoy's fees are awarded, the same ‘hall not exceed twenty thousand pasos-(P20,000.00). Allother civil eases, except probate proceedings, where the total amount ofthe paintif's Claim does not exceed ten thousand pesos (P'10,000.00), exclusive of mlerest and costs auicocs Mae, This Rule shall not apply to civil case where the plaintitfs cause of action is plead inthe | same ‘complaint with another cause of action subject to the ordinary procedure. fel SN Sf Vee silo aeGENERAL PRINCIPLES Remedial Law FAMILY COURTS Family Courts have exclusive original jurisdiction over: Potions for guardianship, custady of children, habeas conpus involving children: Petitions for adoption of chikdeen and the cevacation thereot Complaints for annulment of marriage, declaration of nulity of maria, win! those relaling to status and property relations of husband and wife or thoso living together under different stalus or agreement, and peiiions for aissolution of conjugal partnership of gains; Petitions for Support andor acknowledgment; ‘Summary judicial proceedings brought under the provisions of the Family Code; and Petition for declaration of status of children as abandoned, dependent or neglected chlden, petitions for voluntary or involuntary commitont of ehildfen, the suspension, termination, or restoration of parental authority and other cases cognizable under P.D. No, £603, £.0. No. 56/1996), and other related laws (RA. No. 8369, Sec. 5, Pars, (2), (o), i, (0). 0, & (g) NOTE: The provisions of RA. No, 8369 reveal na manifest intent to cevoke the jurisdiction of the Court of Appeals and Supreme Cour to issue writs of habeas corpus relating fo the custody ‘of minors. Further, it cannot be said thatthe provisions of R.A, No. 8369, R.A. No. 7092 (An Act Expanding the Jurisdiction of the Court of Appeals} and &.P. Big. 129 (The Judiciary ‘Reorganization Act of 1980) are absolutely incompatible since RA. No. 8369 does not probit the Court of Appeals and the Supreme Court from issuing writs of habeas corpus in cases Jnvoiving the custody of minors. Thus, the provisions of R-A. No. 8369 must be readin harmony with R.A, No. 7029 and B P. Big. 129. that family cour's have concurrent jurisdiction withthe ‘Court of Appeals ‘ard the Supreme Court in petitions for habeas corpus whore the custody of ‘minors is at issue (Thornton v. Thorton, G.R. No. 154598, August 16, 2004) Special Provisional Remedies: 1. In cases of violence among the family members ving in the same domicile or household, the Family Court may issue a restraining order against the aecused or defendant upon vesiied application by the complainant or the vicim for reli from abuse, The court may order the temporary custody of children inal civil actions for thelr custody. ‘The court may also order cupport pendente fit, including deduction from the salary, and use of conjugal home and other properties in al civil actone for support (R.A, No, 8969, See. 7), NOTE: In areas where there are no Family Cours, the abovementioned cases shall be adjudicated by the RTCMEMORY AID Bence cone d District Cour shait decide every case appealed #) Courts whether on appe: | Circuit Court of nt shalt be final. Nothing wn PD. ‘Al cases invatving custody, guardianship, legitimacy, paternity and iiation arising under the Code of Muslim Personal Laws; Al cases involving disposition, distribution ‘and settlement of estale ‘of deceased ‘Muslims, probate of wis, issuance of fttors ‘of administration er appointment of administrators or executors regardless of the nature or aggregale value of the property, Potions forthe declaration of absence and eath for the cancellation or correction of nities in the Muslim Registies mentioned in Tile VI, Book Two of the Code of Muslim Personal Laws, ‘All actions arising from the _customar contracts in which the parties are Muslims, if they have not specified whieh law shall {govern thei eiations; and AAI petitions for mandamus, prohibition, Injunction, certiorari, habeas corpus, and al other auxilary writs and processes in aid of its appellate jurisdiction (P.D. No, 1083 See. 143, Par. (1). Pelitions by Muslim for the constitution of a family home, change of namie and commitment of an insane person to an asylum; All olher personal and legal actions not mentioned in paragraph 1(0}, Sec: 143 of P.D_ No, 1083, (90-4 of above) wherein the aries involved are Muslims except those: for forcible entry and unlaviul detainer, which shall fal under the exclusive jurisdiction of the Municipal Circuit Court ‘and [A spacia civ actions for interplaader or | declaratory rele? wherein the panies are Muslims of the property involved belongs exclusively to Muslims (P.D. No. 1083, Ar 143, par. 2) Al cases Wied in the Shara Circut Counts within their teritonal jurisdiction, The Shar’a {oon the basis of the evidence and recor anginited as well as such memoranda, briefs oral arguments as the parties may subrat (PD. No. 1083. Sec. 44) NOTE: The decisions of the Shari'a District from the Sharia te original and appetite | iursdiction of the SC ss provided in the | Cunstitution (P.0. No. 1083, Art 145), 3 Offenses defined and punished under PD. No. 1083, {All civil actions between partios who are Muslims or have been married in accordance with P.D. No. 1083, relating to 2. Maiiage b. Divorce: © Betiohal oF breach of contract to matty Customary dower (mat, Disposition and distnbution of property upon divorce; Maintenance and support and cconsolatory gifts (muta), and Restitution of marital rights; and Disputes relative to communal properties (P.D. No. 1083, Art. 155). | o oy | 2 ey FS £ a 2 4 o wi 2 a CIGENERAL PRINCIPLES Remedial Law URISDICTION OF COURTS IN CRIMINAL CASES. SUPREME COURT Cee CMa suaeliste es acres Cri q Paiitions for certiorari, prohibition, and mandamus against the RTCs. eters |: With the CA & RTC: Peitions for certiorari, prohibition, and mandamus against the MTCs. By Petition for Review on Certiorari 1. Fram the CA; i 2. From the Sandiganbayan; and Goad eium 3. From the RTCavhere only an enror.or question of law is involved NOTE: Where the ponially imposéil is feclusion perpetia or life imprisonment, appeal should | be mage to the CA, not the SC (People v. Mateo, G.R. Nas. 147870-87, July 7, 2004), COURT OF APPEALS ‘CRIMINAC aes eee ait 0e Bua With the se: G2 Pettions for certioran, prohibition, and mandomiis against the RTC enon With the S¢ & RTC: : Pettions for cortorar, prohibition, and mandarers against the MICs. By Notice of Ape: 1. From the RTC in the exercise of is original jurisdiction, except those appealable to. the Sandiganbayan; 2, From the RTC where penalty imposed is reclusion perpetua or if imprisonment or where a lessor ponalty & imposed but for offenses committed on the same occasion oF which BA 21050 out of tho same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, oF Ie imprisonment is imposed (ROC, RULE 122, Rr Sec. 3) By Automatic Review (no Notice of Appeal is necessary From the RTC, in cases where the death penalty s imposed By Petition for Review under Rule 42: From the RTC in cases appealed thereto from lower courts and not appealable to the Sandiganbayan,MEMORY AID Pci elie Dee Cre REGIONAL TRIAL COURT ise tesla aes Criminal cases not within the exchusive jurisdiction of any court tnbunal or body, except those failing under the exclusive and concurrent jurisdiction of the Sandiganbayan: tenses the impasable penalty for which exceeds 6 years of imprisonment In cases where the only penally is fine, the amount thereof shall determine jurisdiction. if the amount exceeds P4,000, RTCs have jurisdiction (Administrativo Circular 09-94); Criminal cases under specific laws {Libel cases even though punishable by prision correctional (RPC, Art. 360; People vs. Eduano, GR. No, 88232, February 26, 1982); Jurisdiction of designated courts over cases in violation of the Comprehensive Dangerous Drugs Act of 2002 as provided in Secton 90 thereof; and Violation of Intellectual property rights INTELLECTUAL PROPERTY CODE, Sec. 163). |All cases on monoy laundering excep! those faling under the jurisdiction of the GENERAL PRINCIPLES 6. Family Court ~ Criminal cases where (One ormove ofthe accused sare Below 18 oars of age but rol ss than 9 years of age: | ‘inere one of be victims i a miner a the time ofthe commission ofthe offense; | Cases against minors cognizable under the Dangerous Orugs Act, | Violations of R.A. No. 7610 (Special Protection of Chidren’ Against Child Abuse Exploitation and Discrimination Acs), as amended by R.A. No. 7658, and Cases of domestic violence against women and chron. ‘All cases decided by the MTs in their respective toritorial jurisdiction To handle exclusively criminal cases as designated by, the Supreme CourtGENERAL PRINCIPLES Remedial Law MUNICIPAL TRIAL COURT Cee aa aay ss eee Sue Coase Offenses punichable with imprisonment not exceeding 6 years respective of the amount of fine, and regardless of atner imposable accessory or ofher penalties, including the cil laitty ansing from such offenses or prodicated thereon, irrespective of kind, nature, valve for amount thereof (.P. Big. 128, Sec. 32, par. (2) NOTE: The rule disregarding the amount of the fine and other accessory penalties applies here the offense is punishable by imprisonment or fine or bath, but not when the offense ;unishable by fine only, NOTE: The jurisdiction of the MTC is qualifid by the phrase “Except in cases failing within the exclusive jurisdiction of tho RTC and of the Sandiganbayan, This indicates that the MTC does ‘ot at all imes have jurisdiction over offenses punishable with imprisonment not excaeding 6 years, if jurisdiction is vested by law either in the RTC (e.g, ibel) Or the Sandiganbayan (6.9 river), aor ane Where ine only penalty provided for by law isa fine of not more than P4,000 (A.C. No. 09- 94), Offenses involving damage to propery throligh criminal negligence (B.P. Big. 129, Sec. 32, par. (2A. 7691), Those covered by the Rule on Summary Procedure: Violations of trafficlaws, rules and regulations; Violations ofthe rental law; Violations of municipal o city ordinances; Violations of B.P. Big, 22, oherwise known as Bouncing Checks Law (A.M. No, 00-11 O1-SC, effective April 15, 2003); Al other criminal cases where the penalty is imprisonment not exceeding 6 months andior P1,000 fine inespeutive of ober penalties or chil lablities arising therefrom; and Offenses involving damage to property through criminal negligence where the Imposable fine does not exceed P10,000, ‘Applications for ball in criminal cages mn tho absonce of al RTC judges in a province oF city (GP. Big. 129, Sec. 25), Violations of traffic laws, rules and regulations, Violations ofthe rental law Violations of municipal or ety ordinances; Al other ctiminal cases where the penalty prescribed by law for the offense charged is | imprisonment mot oxcoeding six months, oF a fine not exceeding (1,000.00), or both | iespective of other imposable penalties, accessory or otherwise, or of the chil habiiy | arising therateam’ Proved, however, that in offenses involving damage to propetly | through criminal negigence, thes Rule shall govern where the imposable fine does not | exceed ten thousand posos (P 10,000.00), This Rule shall not apply 10 criminal case where the offense charged is necessanly elated to another criminal ease subject to the axainary procedureMEMORY AID a. RA.No, 3019 (Ani-Grafl and Corrupt Practices Act b. RA.No. 1379 Forfeiture of Il Gotten Wealth Ac!) ©. Chapter 2, Section 2, Tile 7, Book 2 of the Revised Penal Code (Bribery, ete.) Where one or more of the accused are, whether permanent, acting or interim capacity, at the time of the commission of the offense 8. Officials ofthe executive branch accupying the positions of regional director and higher, ‘otherwise classified as Grade "27" and higher of the Compensation and Position Classification Act of 1988 b, Membors of Congress and officials thereof classified as Grade “27° and up under the ‘Compensation and Position Classification Act of 1989; Members of the Judiciay without prejudice to the provisions ofthe Constitution; 4. Chairmen and members of the Constiulional Commissions, without prejudice to the prowsions of the Constitution; and e. All other national and local officials classiied as Grade °27" ‘Compensation and Postion Classification Act of 1969 and higher under the NOTE: itis not only the salary grade that determines the jurisdiction of the Sandlganbayen, ‘The salary grade has no reference, for example, to provincial governors, vice governors or members. of the Sangguniang Panlalawigan, Sangguniang Panlungsod, directors. or managers of GOCCs, cy mayors, vice mayors, cll Weasutors, assessors, engineers, trustees of slate universities, and other officials enumerated in Sec. 4 (1) (a) from letters g' of P.D, No, 1606 as amended, Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection 'a'in relation to thei aie Cuil and criminal cases filed pursuant to and in connection with E,0, No.1, 2, 44 and 14. A (1986) in sequestration cases; and Money laundering cases commitigd by public officeis and private persons who are in conspiracy with such public officers, 4. Appeals from the final judgments, rosoluions or ordors of RTCs whether in the exercise of their own jurisdiction or oftheir appellate jurisdicton where all he accused are occupying positions lower than salary grade 27 or not otherwise covered by the preceding ‘enumeration Pattions forthe laauanes of tha writs of manda, pechiition, eerthvar/ whl In aid ofits appellate jurisdiction (A.M, No, 07-7-12-8C), ‘or not NOTE: R.A. No, 7075 as amondad by R.A, No. 8249, contorted certoran jurisdiction in the Sandiganbayan only in aid of ts appellate jurisdiction, concerning cases fies pursuant {o the Sequestration Cases, contrary to AM. No, 07-12.8C. Petitions for the issuance of writ of haneas corpus, injunction and ather ancitary writs and processes in aid of its appellate jurisdiction’ and over pettions of similar nature, Including quo warranto, rsing oF that may arse in cases led or which may be fled under EO. No. , 2, 14 and 14-A (1986): Provided, hat the junscietion aver thase pattions shalt nol be exclusive of the Supreme Court NOTE: The 2020/2021 Bar Examination Remedial Law Syllabus does ‘signed into law on July 30, 2021 and poised to lake effect on August 14, 202%, bul for purposes of discussion, RA. No. 11576 is incorporated in the 2021 Memary Ad yo ry a ES iS FS rs a a cs c fr 2 ir QGENERAL PRINCIPLES ' Remedial Law RA. No, 11576, or “An Act Further Expanding the Jurisdction of the Metropolitan Trial Courts, Municipal Trai Courts in Cities, Municipal Trial Courts, and Municipal Circult Tila! Courts, Amending for the Purposes Balas Pambansa Big. 129, Otherwise Known as The Judiciary Reorganization Act of 1980,"As Amended,” amends. A. Section 19 of BP Big. 129 by increasing the jurisdictional amount cognizable by the Regional Trial Courts (RTC): 41. Inal civil actions which involve the tile fo, oF possession o, real property, of any interest therein, where the assessed value exceeds Four hundred thousand pesos (P400,000.00), except for forcible enty into and unlawful delainer of lands or buildings. original jurisdiction over whichis conferted upon the Metropolitan Trial ‘Courts, and Municipal Trial Cours in Cities, Municipal Triat Courts, and 2. Municipal Ctcuit Trial Cours 3. Inall actions in admirally and martime jurisdiction where the demand or claims exceeds Two million pesos (®2,000,000.00) 4. Inall matters of probate, both testate and intestate, where the gross value ofthe estate exceeds Two million pesos (P2,000,000.00); and 5. Inall other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, ligation expenses and costs or the value of the property in controversy exceeds Two million pesos (P2,000,000.00). {he jurisdictional amount cognizable by the Metropolitan Trial B. Section 33 of BP Blg. 129 by increas ‘Municipal Trial Courts, and Municipal Circuit Trial Courts, Courts, Municipal Trial Courts in Citi (arcs 1. Incivil actions and probate proceedings, estate and intestate, ineludiig the grant of provisional remedies in proper cases, where the value of the personal propery, estate, Or amount ofthe demand does not exceed ‘Two milion pesos (P2,000,000,00), exclusive of interest, damages of whatever kind, atlomoys fees, itigation expenses, and costs, the ammount of which must be specially alleged; 2, Inall civil actions which involve tite fo, or passession of, al property, oF any interest therein where the ‘assessed value of the property or any interest therein does not exceet! Four hundred thousand pesos (P400,000.00) exclusive on interest, damages of whatever kind, altornoy’ feos, ligation expenses and eosts: and 3, In admiralty and martime actions where the demand or claim does fot exceed Two million pesos (2,000,000.00).MEMORY AID RULEt -RAL PROVISIONS SECTION 1, TITLE OF THE RULES __ ‘Those Rules shall be known and cited as the Rules of Court The Rules of Cour, as a whole, has reference to the body of Rules governing pleading, practice and procedure promulgated by the Supreme Court pursuant to its Rulo-making powers under the Constitution (1 RIANO, supra at 30). Force and Effect of Rules of Court Rules of cour, promulgated by authority of law, have the force and effect of law, i not in conflict with positive law. The cule is subordinate to the statute, ‘and, in case of conte, the statute wil preva (Shoji v.Hon. Harvey, citing Inchaust! & Co. vs. De Loon, GR No, 18940, April 27, 1922), Rules of procedure may be made applicable to actions pending and undetermined at the tine of their passage and are deemed retroactive in that sense and to that extent, As a genoral rule, Ure retioactve application of procedural laws cannot be violative of any personal rights because no vested right nay attach to nor rise therefrom (in the Matter 10 Boolare in Contempt of Court Hon. Simeon Datumanong, GR. No, 150274, August 4, 2006) When Procedural Rules do not apply to pending actions: 1. Where the statule itself or by necessary implication provides that pending actions are excepted from its operation: HGR TORRE CT DOIN ALRD EAQUILZAN, ral Chobe /RICHOIE VA Varn tn Ais sh nue ena ‘diva Rc Faairts, Chaps fv aber JORDAN N. CHAVEZ, Ns cea aRHSNE TS 2. 1 applying the Rule 10 pending proceedings \wonla impair vested rights 3. When to-do s0 would Not be feasible or would Work injustice: oF 4, doing so would involve intricate problems of due process or impair the independence of the ‘courts (Tan v. GA, G.R. No, 136368, January 16, 2002), Rule-Making Power of the Supreme Court The Supreme Court shail have the power to promulgate rules concetning the protection and fenforcoment of constitutional nights, pleading, practice, and procedure in all courts, the admission 1o the practice of 'aw, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and expensive procedure for the speedy disposition of cases, shall be uniform for all couris of the same grado, and shall not diminish, increase, or modify substantive rights. Rules of procadure of epecial courte anc quaci judicial bodies Shall romain effective unless disapproved by the Supreme Court. (CONST, Art. Vil, Soc. (5). ‘The 1987 Constitution molded an even stronger and more independent judiciary. Among others, t enhanced the rule making power of this Court Tho Rule making powor of the Suprome Court was ‘expanded, The SC for the frst time was given the power to promulgate Rules concetniny. the protection and enforcement of constiutional nights The SC was also granted forthe fest time the pos to disapprove Rules of procedure of special courts, and quasjuciciat bodies. Bul most importantly, the 1987 Constitution took away the power of Congress to repeal, alter, or supplement Rules concerning pleading, practice and procedure In fine, the power to promulgate Rules of pleading, practice ‘and procedure is no longer shared by this Court with Congress, more so with the SANTONIO JUN JUN ©: MANALIGOD TV. Un "ict ema TIANNAH KILAMILIL AIIARDA and RISTISN OY AIGHADA, Sigwt thou GIB COWARD 1 AQUINO sal MARI RResaido LORED, assent SURIECE HEADS: JOSHUA LARONERA, Camel Posed Sea RRNA: Thar" DONNA V, MENDOZA snl ARV SICOL TAS. 5 Davin Wo JOSEP ANDRIW MONTFETANO. I DOMINGUEZ crt Hesston] PAOLA BEATZ AERA EARNERS TAXCONAS, REMY AUAIN. AL MIJMIAL TILL! ANNU_CARCIN TRANCIS LONAINI: VALDTZ. AIOW MARGATE BATRA HMEPIEEOPINGCO AMATI SIAQICH MAY GARCIA, JONI! DEON 2919, HENEAMANE FAT oi: eA AEE 75 aa ea eSATA RIQSHTGRACEG ANG. RELVINJHONES G.ALIGA, VAULLRY 1 SIARCU,JIANWAI RHAMILHL SHBARDA.CAMETED ‘Yiuarananets Tesee GN SEINE PALAMS frdge WIHT SHB HSE WA w c =} a rm is ce} i a. 2 Zz iS)