CIVIL PROCEDURE

UNIVERSITY OF SOUTHERN
MINDANAO (USM)
First Year Law, Section B
2022-2023

Introduction - A
 Outline of Introductory Topics:
 1. Preliminary Considerations (Ch. 1 & 4)
 2. The Organization of Courts (Ch. 2)
 3. Jurisdiction of Courts (Ch. 3)
Topic 3: Jurisdiction of Courts
Outline:
1. Basic concepts
2. Kinds of Jurisdiction
3. Elements of Jurisdiction
4. Hierarchy of Courts
5. Jurisdiction of Various Courts
 4. Hierarchy of Courts

Regular Courts:
SUPREME COURT
!
Court of Appeals
!
Regional Trial Courts
!
MTC MTCC MTC MTCC
Special Courts
1. Court of Tax Appeals [RA 9282 (2004)
2. Sandiganbayan [PD 1486, RA 8249]
3. Sharia Courts [PD No. 1083]
4. Family Courts [RA No. 8369 (1997)
Designations: Drugs Court, Special Commercial
Court, Special Environmental, Special Agrarian
Court
 Gios-Samar, Inc. v. DOTC, G.R. No, 217158, March 12, 2019
 What does the doctrine of hierarchy of courts mean?
 Answer: The doctrine means that, while the 1987 Constitution and the Rules of
Court promulgated pursuant to its provisions, granted the Supreme Court
original jurisdiction over certain cases, which is shared with Regional Trial
Courts (RTCs) and the Court of Appeals (CA), litigants do not have unfettered
discretion to invoke the Court's original jurisdiction. The doctrine of hierarchy
of courts dictates that, direct recourse to the Supreme Court is allowed only to
resolve questions of law, notwithstanding the invocation of paramount or
transcendental importance of the action. This doctrine is not mere policy, rather,
it is a constitutional filtering mechanism designed to enable the Court to focus
on the more fundamental and essential tasks assigned to it by the highest law of
the land.
 Recent: Nacionales v. Judge Solde-Annoguie, GR No. 29080, Sept. 15, 2021
Small Claims: Certiorari before the Supreme Court (there should be a special
and compelling reason)
Doctrine of Primary Jurisdiction:
Courts will not determine a controversy involving a question
within the jurisdiction of the administrative tribunal, when
the question demands the exercise of sound administrative
discretion requiring specialized knowledge and expertise of
said administrative tribunal to determine technical and
intricate matters of fact. Baviera v. Paglinawan, 515 SCRA
717 (2007), Republic v. Galo, G.R. No. 207074, Jan. 17,
2018 (Correction of Entry in Birth Certificate)
Illustration:
 Sec. 19 of RA No. 9700, provides:
 Sec. 19. Section 50 of Republic Act No. 6657, as amended, is hereby further
amended by adding Sec. 50-A to read as follows:
 Sec. 50-A. Exclusive Jurisdiction on Agrarian Dispute.- No court or
prosecutor’s office shall take cognizance of cases pertaining to the
implementation of the CARP except those provided under Sec. 57 of Republic
Act No. 6657, as amended. If there is an allegation from any of the parties that
the case is agrarian in nature and one of the parties is a farmer, farmworker, or
tenant, the case shall be automatically referred by the judge or the prosecutor to
the DAR which shall determine and certify within fifteen (days) from receipt
whether an agrarian dispute exists: Provided, That from the determination of
the DAR, an aggrieved party shall have judicial recourse. In cases referred the
municipal trial court and the prosecutor’s office, the appeal shall be with the
proper regional trial court and in cases referred by the regional trial court, the
appeal shall be to the Court of Appeals.
Bar Question, 2017:
No. IV.
 Give brief answers to the following:
 (a) What is the doctrine of hierarchy of
courts? (2%)
 Also asked in 1996 Bar, No. 1 (2) What is
meant by hierarchy of courts?
 5. Jurisdiction of various court

I. Supreme Court
(a) Original Jurisdiction
The original jurisdiction of the Supreme Court is defined in the
Art. VIII, Sec. 5 par. 1:
The Supreme Court shall have the following powers:
A. Exercise original jurisdiction over cases affecting
ambassador, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. (original and concurrent
with RTC, CA and Sandiganbayan as to criminal cases
involving ambassadors and consuls)
b. Election contests involving the positions of
President and Vice President (original & exclusive)
c. Cases questioning the factual basis for the
declaration of martial law and suspension of the
privilege of the writ of habeas corpus (original &
exclusive)
d. Cases involving the writ of amparo and the writ of
habeas data (original & concurrent with RTC, CA,
Sandiganbayan, Supreme Court)
 ii. Appellate Jurisdiction
 The appellate jurisdiction is found in par. 2 of the same
section:
 Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law of the Rule of the Court may
provide, final judgments and orders of lower courts in:
 All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulations is in
question.
 All cases involving legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto.
 All cases which in the jurisdiction of any lower
court is in issue.
 [All criminal cases in which the penalty imposed

is reclusion perpetua or higher.]

 All cases in which an error or question of law is

involved.
[Mode is Appeal by Certiorari under Rule 45]
Others: Decisions of the Commission on Audit and the
Commission on Election
 With respect to the power of the Supreme Court to review
decisions of the Constitutional Commissions, Art. IX, Sec.
7, paragraph (a) of the Constitution partly provides:
 Unless otherwise provided by this Constitution or by law,
any decision, order or ruling of each Commission may be
brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof.
Two Limitation on the Power of Congress:
1. It cannot increase the appellate jurisdiction
of the Supreme Court without its consent
2. It cannot diminish the jurisdiction of the
SC as defined in Sec. 5, Art. VIII
II. Court of Appeals
 BP 129/RA 7902
 A. Concurrent Original
Issuance of writs of (1) mandamus (2)
prohibition (3) certiorari (4) habeas corpus
(5) quo warranto [(6) Habeas Data (7) writ of
Amparo]
Forum Shopping:
The act of invoking the jurisdiction of two or more
courts, either simultaneously or successively.
Consequence of violation:
1. Dismissal of both
2. Contempt of court
3. Appropriate sanction against party or counsel
B. Exclusive Original
Actions for annulment of judgment of the
Regional Trial Court

[presupposes that decision had become

final] [regarded as a new case, not a mode of
appeal]
C. Exclusive Appellate:
Final orders, judgments, awards of-
1. RTC
2. Quasi-judicial agencies, instrumentalities,
boards and commissions
(a) Securities and Exchange Commission
(b) Social Security Commission
c. Civil Service Commission
d. Employees Compensation Commission.
Others:
National Labor Relations Commission, Department
of Agrarian Reform Adjudication Board, OMB in
administrative cases only (criminal aspect with the
Supreme Court through Certiorari)
Procedure before the CA:
As a rule, no trial is done. However, the
CA can receive evidence in its discretion.
Rule 46, Sec. 6. (Procedure for Original
Cases)