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BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
PRELIMINARY CHAPTER
Section 1. Title. This Act shall be known as "The Judiciary
Reorganization Act of 1980."
Section 2. Scope. The reorganization herein provided shall
include the Court of Appeals, the Court of First Instance, the
Circuit Criminal Courts, the Juvenile and Domestic Relations
Courts, the Courts of Agrarian Relations, the City Courts, the
Municipal Courts, and the Municipal Circuit Courts.
CHAPTER I
COURT OF APPEALS
Section 3. Organization. There is hereby created a Court
of Appeals which consists of a Presiding Justice and fifty
Associate Justice who shall be appointed by the President of
the Philippines. The Presiding Justice shall be so designated
in his appointment, and the Associate Justice shall have
precedence according to the dates of their respective
appointments, or when the appointments of two or more of
them shall bear the same date, according to the order in
which their appointments were issued by the President. Any
member who is reappointed to the Court after rendering
service in any other position in the government shall retain
the precedence to which he was entitled under his original
appointment, and his service in the Court shall, for all intents
and purposes, be considered as continuous and
uninterrupted. (as amended by Exec. Order No. 33,, July 28,
1986.)
Section 4. Exercise of powers and functions. The Court
Appeals shall exercise its powers, functions, and duties,
through seventeen (17) divisions, each composed of three
(3) members. The Court may sit en banc only for the purpose
of exercising administrative, ceremonial, or other non-
adjudicatory functions. (as amended by Exec. Order No.
33,.)
Section 5. Succession to Office of Presiding Justice. In
case of a vacancy in the absence of inability to perform the
powers, functions, and duties of his office, the associate
Justice who is first in precedence shall perform his powers,
functions, and duties until such disability is removed, or
another Presiding Justice is appointed and has qualified.
Section 6. Who presides over session of a division. If the
Presiding Justice is present in any session of a division of
the Court, he shall preside. In his absence, the Associate
Justice attending such session who has precedence shall
preside.
Section 7. Qualifications. The Presiding Justice and the
Associate Justice shall have the same qualifications as those
provided in Constitution for Justice of the Supreme Court.
(The Supreme Court is the highest tribunal in the Philippines.
It consists of the Chief Justice and 14 Associate Justices,
appointed by the following are the qualifications to become a
member of the Supreme Court:
1. Natural-born citizen of the Philippines;
2. at least 40 years of age;
3. a judge in a court of record for at least 15 years or
engaged in the practice of law in the Philippines for
the same period; and
4. a person of proven competence, integrity, probity and
independence. They hold office during good behavior
until they reach the age of 70 years or become
incapacitated to discharge the duties of their office.
They can be removed only by impeachment.
Grounds for impeachment include conviction of
culpable violation of the Philippine Constitution,
treason, bribery, other high crimes, or graft and
corruption.)
Section 8. Grouping of Divisions. (Expressly repealed
by Section 4, Exec. Order No. 33, July 28, 1986.)
Section 9. Jurisdiction. The Court of Appeals shall
Exercise:
1. Original jurisdiction to issue writs
of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto,and auxiliary writs or
processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial Courts;
and
3. Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including
the Securities and Exchange Commission, the Social
Security Commission, the Employees Compensation
Commission and the Civil Service Commission,
Except those falling within the appellate jurisdiction of
the Supreme Court in accordance with the
Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the
provisions of this Act, and of subparagraph (1) of the
third paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any and all
acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including
the power to grant and conduct new trials or Appeals must
be continuous and must be completed within three (3)
months, unless extended by the Chief Justice. (as amended
by R.A. No. 7902.)
Section 10. Place of holding sessions. The Court of
Appeals shall have its permanent station in the City of
Manila. Whenever demanded by public interest, the
Supreme Court, upon its own initiative or upon
recommendation of the Presiding Justice, may authorize a
division of the Court to hold sessions outside Manila,
periodically, or for such periods and at such places as the
Supreme Court may determine, for the purpose of hearing
and deciding cases.
Section 11. Quorum A majority of the actual members of
the Court shall constitute a quorum for its session en
banc. Three members shall constitute a quorum for the
session of a division. The unanimous vote of the three
members of a division shall be necessary for the
pronouncement of a decision of final resolution, which shall
be reached in consultation before the writing of the opinion
by any members of the division. In the event that the three

members do not reach a unanimous vote, the Presiding
Justice shall request the Raffle Committee of the Court for
the designation of two additional Justice to sit temporarily
with them, forming a special division of five members and the
concurrence of a majority of such division shall be necessary
for the pronouncement of a decision or final resolution. The
designation of such additional Justice shall be made strictly
by raffle.
A month for reconsideration of its decision or final resolution
shall be resolved by the Court within ninety (90) days from
the time it is submitted for resolution, and no second motion
for reconsideration from the same party shall be
entertainment. (as amended by Exec. Order No. 33, July 28,
1986.)
Section 12. Internal Rules. The court en banc is
authorized to promulgate rules or orders governing the
constitution of the divisions and the assignment of Appellate
Justices thereto, the distribution of cases, and other matters
pertaining to the operations of the Court of its divisions.
Copies of such rules and orders shall be furnished by the
Supreme Court, which rules and orders shall be effective
fifteen (15) days after receipt thereof, unless directed
otherwise by the Supreme Court.
CHAPTER II
REGIONAL TRIAL COURTS
Section 13. Creation of Regional Trial Courts. There are
hereby created thirteen (13) Regional Trial Courts, one for
each of the following judicial regions:
Section 14. Regional Trial Courts.
Section 15. Qualifications. No persons shall be appointed
Regional Trial Judge unless he is a natural-born citizen of
the Philippines, at least thirty-five years of age, and for at
least ten years, has been engaged in the practice of law in
the Philippines or has held a public office in the Philippines
requiring admission to the practice of law as an
indispensable requisite.
Section 16. Time and duration of sessions. The time and
duration of daily sessions of the Regional Trial Courts shall
be determined by the Supreme Court: Provided, however,
That all motions, except those requiring immediate action,
shall be heard in the afternoon of every Friday, unless it falls
on a holiday, in which case, the hearing shall be held on the
afternoon of the next succeeding business day: Provided,
further, That the Supreme Court may, for good reasons, fix a
different motion day in specified areas
Section 17. Appointment and assignment of Regional Trial
Judges. Every Regional Trial Judge shall be appointed to a
region which shall be his permanent station, and his
appointment shall state the branch of the court and the seat
thereof to which he shall be originally assigned. However,
the Supreme Court may assign temporarily a Regional Trial
Judge to another region as public interest may require,
provided that such temporary assignment shall not last
longer than six (6) months without the consent of the
Regional Trial Judge concerned.
A Regional Trial Judge may be assigned by the Supreme
Court to any branch or city or municipality within the same
region as public interest may require, and such assignment
shall not be deemed an assignment to another station within
the meaning of this section.
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Section 18. Authority to define territory appurtenant to each
branch. The Supreme Court shall define the territory over
which a branch of the Regional Trial Court shall exercise its
authority. The territory thus defined shall be deemed to be
the territorial area of the branch concerned for purposes of
determining the venue of all suits, proceedings or actions,
whether civil or criminal, as well as determining the
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts over the said branch may
exercise appellate jurisdiction. The power herein granted
shall be exercised with a view to making the courts readily
accessible to the people of the different parts of the region
and making the attendance of litigants and witnesses as
inexpensive as possible.
Section 19. Jurisdiction in civil cases. Regional Trial
Courts shall exercise exclusive original jurisdiction:
(1) In all civil actions in which the subject of the
litigation is incapable of pecuniary estimation;
(2) In all civil actions which involve the title to, or
possession of, real property, or any interest therein,
where the assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for
civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except
actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is
conferred upon Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction
where he demand or claim exceeds One hundred
thousand pesos (P100,000.00) or , in Metro Manila,
where such demand or claim exceeds Two hundred
thousand pesos (200,000.00);
(4) In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro Manila,
where such gross value exceeds Two hundred
thousand pesos (200,000.00);
(5) In all actions involving the contract of marriage
and marital relations;
(6) In all cases not within the exclusive jurisdiction of
any court, tribunal, person or body exercising
jurisdiction or any court, tribunal, person or body
exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling
within the exclusive original jurisdiction of a Juvenile
and Domestic Relations Court and of the Courts of
Agrarian Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive
of interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs or the value of
the property in controversy exceeds One hundred
thousand pesos (100,000.00) or, in such other
abovementioned items exceeds Two hundred
thousand pesos (200,000.00). (as amended by R.A.
No. 7691*)
Section 20. Jurisdiction in criminal cases. Regional Trial
Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any

court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan
which shall hereafter be exclusively taken cognizance of by
the latter.
Section 21. Original jurisdiction in other cases. Regional
Trial Courts shall exercise original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and
injunction which may be enforced in any part of their
respective regions; and
(2) In actions affecting ambassadors and other public
ministers and consuls.
Section 22. Appellate jurisdiction. Regional Trial Courts
shall exercise appellate jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts in their respective territorial
jurisdictions. Such cases shall be decided on the basis of the
entire record of the proceedings had in the court of origin and
such memoranda and/or briefs as may be submitted by the
parties or required by the Regional Trial Courts. The decision
of the Regional Trial Courts in such cases shall be
appealable by petition for review to the
Court of Appeals which may give it due course only when the
petition shows prima facie that the lower court has committed
an error of fact or law that will warrant a reversal or
modification of the decision or judgment sought to be
reviewed.
Section 23. Special jurisdiction to try special cases. The
Supreme Court may designate certain branches of the
Regional Trial Courts to handle exclusively criminal cases,
juvenile and domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the jurisdiction of
quasi-judicial bodies and agencies, and/or such other special
cases as the Supreme Court may determine in the interest of
a speedy and efficient administration of justice.
Section 24. Special Rules of Procedure. Whenever a
Regional Trial Court takes cognizance of juvenile and
domestic relation cases and/or agrarian cases, the special
rules of procedure applicable under present laws to such
cases shall continue to be applied, unless subsequently
amended by law or by rules of court promulgated by the
Supreme Court.
CHAPTER III
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS
Section 25. Establishment of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts.
There shall be created a Metropolitan Trial Court in each
metropolitan area established by law, a Municipal Trial Court
in each of the other cities or municipalities, and a Municipal
Circuit Trial Court in each circuit comprising such cities
and/or municipalities as are grouped together pursuant to
law.
Section 26. Qualifications. No person shall be appointed
judge of a Metropolitan Trial Court, Municipal Trial Court, or
Municipal Circuit Trial Court unless he is a natural-born
citizen of the Philippines, at least 30 years of age, and, for at
least five years, has been engaged in the practice of law in
the Philippines, or has held a public office in the Philippines
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requiring admission to the practice of law as an
indispensable requisite.
Section 27. Metropolitan Trial Courts of the National Capital
Region. There shall be a Metropolitan Trial Court in the
National Capital Region, to be known as the Metropolitan
Trial Court of Metro Manila, which shall be composed of
eighty-two (82) branches.
Section 28. Other Metropolitan Trial Courts. The Supreme
Court shall constitute Metropolitan Trial Courts in such other
metropolitan areas as may be established by law whose
territorial jurisdiction shall be co-extensive with the cities and
municipalities comprising the metropolitan area.
Every Metropolitan Trial Judge shall be appointed to a
metropolitan area which shall be his permanent station and
his appointment shall state branch of the court and the seat
thereof to which he shall be originally assigned. A
Metropolitan Trial Judge may be assigned by the Supreme
Court to any branch within said metropolitan area as the
interest of justice may require, and such assignment shall not
be deemed an assignment to another station within the
meaning of this section.
Section 29. Municipal Trial Courts in cities. In every city
which does not form part of a metropolitan area, there shall
be a Municipal Trial Court with one branch
Section 30. Municipal Trial Courts. In each of the
municipalities that are not comprised within a metropolitan
area and a municipal circuit there shall be a Municipal Trial
Court which shall have one branch,
Section 31. Municipal Circuit Trial Court. There shall be a
Municipal Circuit Trial Court in each area defined as a
municipal circuit, comprising one or more cities and/or one or
more municipalities. The municipalities comprising municipal
circuits as organized under Administrative Order No. 33,
issued on June 13, 1978 by the Supreme Court pursuant to
Presidential Decree No. 537, are hereby constituted as
municipal circuits for purposes of the establishment of the
Municipal Circuit Trial Courts, and the appointment thereto of
Municipal Circuit Trial Judges:Provided, however, That the
Supreme Court may, as the interests of justice may require,
further reorganize the said courts taking into account
workload, geographical location, and such other factors as
will contribute to a rational allocation thereof, pursuant to the
provisions of Presidential Decree No. 537 which shall be
applicable insofar as they are not inconsistent with this Act.
Every Municipal Circuit Trial Judge shall be appointed to a
municipal circuit which shall be his official station.
The Supreme Court shall determine the city or municipality
where the Municipal Circuit Trial Court shall hold sessions.
Section 32. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in
criminal cases. Except in cases falling within the exclusive
original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of
city or municipal ordinances committed within their
respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and

regardless of other imposable accessory or other
penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind,
nature, value, or amount thereof: Provided,
however, That in offenses involving damage to
property through criminal negligence they shall have
exclusive original jurisdiction thereof. (as amended
by R.A, No. 7691)
Section 33. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in
civil cases. Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil actions
and probate proceedings, testate and intestate,
including the grant of provisional remedies in proper
cases, where the value of the personal property,
estate, or amount of the demand does not exceed
One hundred thousand pesos (P100,000.00) or, in
Metro Manila where such personal property, estate,
or amount of the demand does not exceed Two
hundred thousand pesos (P200,000.00) exclusive of
interest damages of whatever kind, attorney's fees,
litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, That where
there are several claims or causes of action between
the same or different parties, embodied in the same
complaint, the amount of the demand shall be the
totality of the claims in all the causes of action,
irrespective of whether the causes of action arose
out of the same or different transactions;
(2) Exclusive original jurisdiction over cases of
forcible entry and unlawful detainer: Provided, That
when, in such cases, the defendant raises the
question of ownership in his pleadings and the
question of possession cannot be resolved without
deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the
issue of possession.
(3) Exclusive original jurisdiction in all civil actions
which involve title to, or possession of, real property,
or any interest therein where the assessed value of
the property or interest therein does not exceed
Twenty thousand pesos (P20,000.00) or, in civil
actions in Metro Manila, where such assessed value
does not exceed Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be
determined by the assessed value of the adjacent
lots. (as amended by R.A. No. 7691)
Section 34. Delegated jurisdiction in cadastral and land
registration cases. Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts may be
assigned by the Supreme Court to hear and determine
cadastral or land registration cases covering lots where there
is no controversy or opposition, or contested lots the where
the value of which does not exceed One hundred thousand
pesos (P100,000.00), such value to be ascertained by the
affidavit of the claimant or by agreement of the respective
claimants if there are more than one, or from the
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corresponding tax declaration of the real property. Their
decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts. (as
amended by R.A. No. 7691)
Section 35. Special jurisdiction in certain cases. In the
absence of all the Regional Trial Judges in a province or city,
any Metropolitan Trial Judge, Municipal Trial Judge,
Municipal Circuit Trial Judge may hear and decide petitions
for a writ of habeas corpus or applications for bail in criminal
cases in the province or city where the absent Regional Trial
Judges sit.
Section 36. Summary procedures in special cases. In
Metropolitan Trial Courts and Municipal Trial Courts with at
least two branches, the Supreme Court may designate one
or more branches thereof to try exclusively forcible entry and
unlawful detainer cases, those involving violations of traffic
laws, rules and regulations, violations of the rental law, and
such other cases requiring summary disposition as the
Supreme Court may determine. The Supreme Court shall
adopt special rules or procedures applicable to such cases in
order to achieve an expeditious and inexpensive
determination thereof without regard to technical rules. Such
simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral testimony
and that the periods for filing pleadings shall be non-
extendible.
Section 37. Preliminary investigation. Judges of
Metropolitan Trial Courts, except those in the National
Capital Region, of Municipal Trial Courts, and Municipal
Circuit Trial Courts shall have authority to conduct
preliminary investigation of crimes alleged to have been
committed within their respective territorial jurisdictions which
are cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in
accordance with the procedure prescribed in Section 1,
paragraphs (a), (b), (c), and (d), of Presidential Decree No.
911: Provided, however, That if after the preliminary
investigation the Judge finds a prima facie case, he shall
forward the records of the case to the Provincial/City Fiscal
for the filing of the corresponding information with the proper
court.
No warrant of arrest shall be issued by the Judge in
connection with any criminal complaint filed with him for
preliminary investigation, unless after an examination in
writing and under oath or affirmation of the complainant and
his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be
served anywhere in the Philippines.
Section 38. Judgments and processes.
(1) All judgments determining the merits of cases
shall be in writing, stating clearly the facts and the
law on which they were based, signed by the Judge
and filed with the Clerk of Court. Such judgment shall
be appealable to the Regional Trial Courts in
accordance with the procedure now prescribed by
law for appeals to the Court of First Instance, by the
provisions of this Act, and by such rules as the
Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit

Trial Courts, in cases falling within their jurisdiction,
may be served anywhere in the Philippines without
the necessity of certification by the Judge of the
Regional Trial Court.
CHAPTER IV
GENERAL PROVISIONS
Section 39. Appeals. The period for appeal from final
orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the
notice of the final order, resolution, award, judgment, or
decision appealed from: Provided however, That in habeas
corpus cases, the period for appeal shall be forty-eight (48)
hours from the notice of the judgment appealed from.
No record on appeal shall be required to take an appeal. In
lieu thereof, the entire record shall be transmitted with all the
pages prominently numbered consecutively, together with an
index of the contents thereof.
This section shall not apply in appeals in special proceedings
and in other cases wherein multiple appeals are allowed
under applicable provisions of the Rules of Court.
Section 40. Form of decision in appealed cases. Every
decision of final resolution of a court in appealed cases shall
clearly and distinctly state the findings of fact and the
conclusions of law on which it is based, which may be
contained in the decision or final resolution itself, or adopted
by reference from those set forth in the decision, order, or
resolution appealed from.
Section 41. Salaries. Intermediate Appellate Justices,
Regional Trial Judges, Metropolitan Trial Judges, Municipal
Trial Judges, and Municipal Circuit Trial Judges shall receive
such compensation and allowances as may be authorized by
the President along the guidelines set forth in Letter of
Implementation No. 93 pursuant to Presidential Decree No.
985, as amended by Presidential Decree No. 1597.
Section 42. Longevity pay. A monthly longevity pay
equivalent to 5% of the monthly basic pay shall be paid to
the Justices and Judges of the courts herein created for each
five years of continuous, efficient, and meritorious service
rendered in the judiciary; Provided, That in no case shall the
total salary of each Justice or Judge concerned, after this
longevity pay is added, exceed the salary of the Justice or
Judge next in rank.
Section 43. Staffing pattern. The Supreme Court shall
submit to the President, within thirty (30) days from the date
of the effectivity of this Act, a staffing pattern for all courts
constituted pursuant to this Act which shall be the basis of
the implementing order to be issued by the President in
accordance with the immediately succeeding section.
Section 44. Transitory provisions. The provisions of this
Act shall be immediately carried out in accordance with an
Executive Order to be issued by the President. The Court of
Appeals, the Courts of First Instance, the Circuit Criminal
Courts, the Juvenile and Domestic Relations Courts, the
Courts of Agrarian Relations, the City Courts, the Municipal
Courts, and the Municipal Circuit Courts shall continue to
function as presently constituted and organized, until the
completion of the reorganization provided in this Act as
declared by the President. Upon such declaration, the said
courts shall be deemed automatically abolished and the
incumbents thereof shall cease to hold office. The cases
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pending in the old Courts shall be transferred to the
appropriate Courts constituted pursuant to this Act, together
with the pertinent functions, records, equipment, property
and the necessary personnel.
The applicable appropriations shall likewise be transferred to
the appropriate courts constituted pursuant to this Act, to be
augmented as may be necessary from the funds for
organizational changes as provided in Batas Pambansa Blg.
80. Said funding shall thereafter be included in the annual
General Appropriations Act.
Section 45. Shari'a Courts. Shari'a Courts to be
constituted as provided for in Presidential Decree No. 1083,
otherwise known as the "Code of Muslim Personal Laws of
the Philippines," shall be included in the funding
appropriations so provided in this Act.
Section 46. Gratuity of judges and personnel separated from
office. All members of the judiciary and subordinate
employees who shall be separated from office by reason of
the reorganization authorized herein, shall be granted a
gratuity at a rate equivalent to one month's salary for every
year of continuous service rendered in any branch of the
government or equivalent nearest fraction thereof favorable
to them on the basis of the highest salary
received: Provided, That such member of the judiciary or
employee shall have the option to retire under the Judiciary
Retirement Law or general retirement law, if he has met or
satisfied the requirements therefor.
Section 47. Repealing clause. The provisions of Republic
Act No. 296, otherwise known as the Judiciary Act of 1948,
as amended, of Republic Act No. 5179 as amended, of the
Rules of Court, and of all other statutes, letters of instructions
and general order or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or accordingly
modified.
Section 48. Date of Effectivity. This Act shall take effect
immediately.
Approved: August 14, 1981
Republic Act No. 7691 March 25, 1994
AN ACT EXPANDING THE JURISDICTION OF THE
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
AMENDING FOR THE PURPOSE BATAS PAMBANSA,
BLG. 129, OTHERWISE KNOWN AS THE "JUDICIARY
REORGANIZATION ACT OF 1980"
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Section 19 of Batas Pambansa Blg.
129, otherwise known as the "Judiciary Reorganization Act
of 1980", is hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. Regional Trial
Courts shall exercise exclusive original jurisdiction.
"(1) In all civil actions in which the subject of
the litigation is incapable of pecuniary
estimation;
"(2) In all civil actions which involve the title
to, or possession of, real property, or any
interest therein, where the assessed value of
the property involved exceeds Twenty
thousand pesos (P20,000,00) or, for civil
actions in Metro Manila, where such value

exceeds Fifty thousand pesos (P50,000.00)
except actions for forcible entry into and
unlawful detainer of lands or buildings,
original jurisdiction over which is conferred
upon the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial
Courts;
"(3) In all actions in admiralty and maritime
jurisdiction where the demand or claim
exceeds One hundred thousand pesos
(P100,000.00) or, in Metro Manila, where
such demand or claim exceeds Two hundred
thousand pesos (P200,000.00);
"(4) In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro
Manila, where such gross value exceeds Two
Hundred thousand pesos (P200,000.00);
"(5) In all actions involving the contract of
marriage and marital relations;
"(6) In all cases not within the exclusive
jurisdiction of any court, tribunal, person or
body exercising jurisdiction of any court,
tribunal, person or body exercising judicial or
quasi-judicial functions;
"(7) In all civil actions and special
proceedings falling within the exclusive
original jurisdiction of a Juvenile and
Domestic Relations Court and of the Court of
Agrarian Relations as now provided by law;
and
"(8) In all other cases in which the demand,
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and
costs or the value of the property in
controversy exceeds One hundred thousand
pesos (P100,000.00) or, in such other cases
in Metro Manila, where the demand exclusive
of the abovementioned items exceeds Two
Hundred thousand pesos (P200,000.00)."
Section 2. Section 32 of the same law is hereby amended to
read as follows:
"Sec. 32. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial
Courts in Criminal Cases. Except in cases falling
within the exclusive original jurisdiction of Regional
Trial Courts and of the Sandiganbayan, the
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction; and
"(2) Exclusive original jurisdiction over all
offenses punishable with imprisonment not
exceeding six (6) years irrespective of the
amount of fine, and regardless of other
imposable accessory or other penalties,
including the civil liability arising from such
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offenses or predicated thereon, irrespective
of kind, nature, value or amount thereof:
Provided, however, That in offenses involving
damage to property through criminal
negligence, they shall have exclusive original
jurisdiction thereof."
Section 3. Section 33 of the same law is hereby amended to
read as follows:
"Sec. 33. Jurisdiction of Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial
Courts in Civil Cases. Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:
"(1) Exclusive original jurisdiction over civil
actions and probate proceedings, testate and
intestate, including the grant of provisional
remedies in proper cases, where the value of
the personal property, estate, or amount of
the demand does not exceed One hundred
thousand pesos (P100,000.00) or, in Metro
Manila where such personal property, estate,
or amount of the demand does not exceed
Two hundred thousand pesos (P200,000.00),
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses, and
costs, the amount of which must be
specifically alleged: Provided, That interest,
damages of whatever kind, attorney's fees,
litigation expenses, and costs shall be
included in the determination of the filing
fees: Provided, further, That where there are
several claims or causes of actions between
the same or different parties, embodied in the
same complaint, the amount of the demand
shall be the totality of the claims in all the
causes of action, irrespective of whether the
causes of action arose out of the same or
different transactions;
"(2) Exclusive original jurisdiction over cases
of forcible entry and unlawful detainer:
Provided, That when, in such cases, the
defendant raises the questions of ownership
in his pleadings and the question of
possession cannot be resolved without
deciding the issue of ownership, the issue of
ownership shall be resolved only to
determine the issue of possession; and
"(3) Exclusive original jurisdiction in all civil
actions which involve title to, or possession
of, real property, or any interest therein
where the assessed value of the property or
interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil
actions in Metro Manila, where such
assessed value does not exceed Fifty
thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind,
attorney's fees, litigation expenses and costs:
Provided, That in cases of land not declared
for taxation purposes, the value of such

property shall be determined by the assessed
value of the adjacent lots."
Section 4. Section 34 of the same law is hereby amended to
read as follows:
"Sec. 34. Delegated Jurisdiction in Cadastral and
Land Registration Cases. Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts may be assigned by the Supreme Court to
hear and determine cadastral or land registration
cases covering lots where there is no controversy or
opposition, or contested lots where the value of
which does not exceed One hundred thousand pesos
(P100,000.00), such value to be ascertained by the
affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or
from the corresponding tax declaration of the real
property. Their decisions in these cases shall be
appealable in the same manner as decisions of the
Regional Trial Courts."
Section 5. After five (5) years from the effectivity of this Act,
the jurisdictional amounts mentioned in Sec. 19(3), (4), and
(8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended
by this Act, shall be adjusted to Two hundred thousand
pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three
hundred thousand pesos (P300,000.00): Provided, however,
That in the case of Metro Manila, the abovementioned
jurisdictional amounts shall be adjusted after five (5) years
from the effectivity of this Act to Four hundred thousand
pesos (P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with
the provisions of this Act shall be considered amended or
modified accordingly.
Section 7. The provisions of this Act shall apply to all civil
cases that have not yet reached the pre-trial stage. However,
by agreement of all the parties, civil cases cognizable by
municipal and metropolitan courts by the provisions of this
Act may be transferred from the Regional Trial Courts to the
latter. The executive judge of the appropriate Regional Trial
Courts shall define the administrative procedure of
transferring the cases affected by the redefinition of
jurisdiction to the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in two (2)
national newspapers of general circulation.
Approved: March 25, 1994
CIRCULAR NO. 20 August 7, 1987
PHILIPPINE SUPREME COURT CIRCULARS
TO: COURT OF APPEALS,
SANDIGANBAYAN, COURT OF TAX
APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT TRIAL COURTS, SHARI'A
DISTRICT COURTS AND SHARI'A CIRCUIT
COURTS
7
SUBJECT: Designation of certain Branches
of the Regional Trial Courts to handle
exclusively certain Criminal Cases.
The trial judge has the primary responsibility to minimize
delay and to dispense swift justice. This is especially true in
criminal cases involving serious offenses where a strong and
adequate response from the courts by way of speedy trial
and judgment can serve to deter criminal elements.
The Circuit Criminal Courts which were set up on September
8, 1967 under Republic Act No. 5179 served this purpose.
Accordingly, under the authority of Section 23 of Batas
Pambansa Blg. 129, certain branches of the Regional Trial
Court of the National Capital Judicial Region and of such
other regions where the need therefor may arise shall be
designated as SPECIAL CRIMINAL COURTS to try
exclusively the following criminal cases:
1. Violations of Presidential Decree No. 1866, codifying
the laws on illegal/unlawful possession, manufacture,
dealing in, acquisition or disposition of, firearms,
ammunitions, explosives or instruments used in the
manufacture of firearms, ammunitions or explosives;
2. Violations of Executive Order No. 276 known as the
"Anti-Subversion Act", where the imposable penalty for
the offense charged is prison correccional or higher;
3. Crimes against public order (e.g. rebellion, sedition,
etc.), defined in the Revised Penal code, as amended;
4. Violations of the Dangerous Drugs Act of 1972, as
amended, cognizable by Regional Trial Courts under
Batas Pambansa Blg. 129;
5. Violations of the Anti-Carnapping Act of 1972; and
6. All others offenses defined in the Revised Penal Code
or Special Laws where the imposable is reclusion
perpetua or life imprisonment or higher, whether simple or
complex, and other offenses which, although not so
punished, arose out of the same occurrence or were
committed by the accused on the same occasion as that
which is punishable by reclusion perpetua or higher,
whether the accused are charge as principal, accomplice
or accessory; Provided, however, that where the offense
charged is a complex crime and only the lesser offense
which is punishable by a penalty less than reclusion
perpetua is proved, the Court shall not dismiss the same
and impose the corresponding penalty.
Special rules shall govern the trial and disposition of these
cases. These rules are as follows:
1. The trial of these cases shall continue from day to day
as far as practicable until terminated, and judgment
thereon shall be rendered within thirty (30) days from the
time the case is submitted for decision, unless a shorter
period is otherwise provided by law, such as the fifteen-
day period provided in the Dangerous Drugs Act. The
filing of the memoranda after trial shall not be required or
allowed.
2. Upon issuance of the designations, the SPECIAL
CRIMINAL COURTS so designated shall not be assigned
cases other than the criminal cases herein above
enumerated and all other cases pending in these
branches, whether civil or criminal, shall be redistributed
by raffle to other branches by the Executive Judge, except
those already submitted for decision and those criminal

cases covered by this Circular which are already pending
trial in said branches.
3. All the criminal cases covered by this Circular wherein
trial has already commenced shall remain in their
respective branches where they were originally assigned.
In appropriate cases, however, when the interests of
justice so require, the case may be transferred to the
SPECIAL CRIMINAL COURTS after study and favorable
recommendation by the Executive Judge.
4. Whenever necessary to carry out the objectives of this
Circular, the Court may assign any other Regional Trial
Court Judge to another judicial region to assist in the trial
and disposition of any of the above enumerated criminal
cases.
5. Where no specified branch is designated as a
SPECIAL CRIMINAL COURT, the above enumerated
cases shall be raffled among the branches of the same
station which shall try and decide the same, subject to
Rule No. 1 hereof.
This Circular shall take effect immediately.
August 7, 1987.
Republic Act No. 8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING
THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129,AS AMENDED, OTHERWISE
KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the "Family
Courts Act of 1997".
Section 2. Statement of National Policies. - The State
shall protect the rights and promote the welfare of children in
keeping with the mandate of the Constitution and the
precepts of the United Nations Convention on the rights of
the Child. The State shall provide a system of adjudication
for youthful offenders which takes into account their peculiar
circumstances.
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. The courts shall preserve the solidarity of
the family, provide procedures for the reconciliation of
spouses and the amicable settlement of family controversy.
Section 3. Establishment of Family Courts. - There shall
be established a Family Court in every province and city in
the country. In case where the city is the capital of the
province, the Family Court shall be established in the
municipality which has the highest population.
Section 4. Qualification and Training of Family Court
Judges. - Sec. 15 of Batas Pambansa Blg. 129, as
amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be
appointed Regional Trial Judge or Presiding Judge of
the Family Court unless he is a natural-born citizen of
the Philippines, at least thirty-five (35) years of age,
and, for at least ten (10) years, has been engaged in
the practice of law in the Philippines or has held a
public office in the Philippines requiring admission to
the practice of law as indispensable requisite.
8
"(b) Training of Family Court Judges. - The Presiding
Judge, as well as the court personnel of the Family
Courts, shall undergo training and must have the
experience and demonstrated ability in dealing with
child and family cases.
"The Supreme Court shall provide a continuing
education program on child and family laws,
procedure and other related disciplines to judges and
personnel of such courts."
Section 5. Jurisdiction of family Courts. - The Family
Courts shall have exclusive original jurisdiction to hear and
decide the following cases:
a) Criminal cases where one or more of the accused
is below eighteen (18) years of age but not less than
nine (9) years of age but not less than nine (9) years
of age or where one or more of the victims is a minor
at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court
shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.
The sentence, however, shall be suspended without
need of application pursuant to Presidential Decree
No. 603, otherwise known as the "Child and Youth
Welfare Code";
b) Petitions for guardianship, custody of children,
habeas corpus in relation to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage, declaration
of nullity of marriage and those relating to marital
status and property relations of husband and wife or
those living together under different status and
agreements, and petitions for dissolution of conjugal
partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of Executive Order No. 209, otherwise
known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children,
petitions for voluntary or involuntary commitment of
children; the suspension, termination, or restoration
of parental authority and other cases cognizable
under Presidential Decree No. 603, Executive Order
No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act," as
amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based
violence that results, or are likely to result in
physical, sexual or psychological harm or
suffering to women; and other forms of
physical abuse such as battering or threats
and coercion which violate a woman's

personhood, integrity and freedom
movement; and
2) Children - which include the commission of
all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and
all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or
batterer shall be subject to criminal proceedings and the
corresponding penalties.
If any question involving any of the above matters should
arise as an incident in any case pending in the regular
courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be
allowed the use of ten per cent (10%) of their income derived
from filing and other court fees under Rule 141 of the Rules
of Court for research and other operating expenses including
capital outlay: Provided, That this benefit shall likewise be
enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary
guidelines to effectively implement the provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of
violence among immediate family members living in the
same domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon
verified application by the complainant or the victim for relief
from abuse.
The court may order the temporary custody of children in all
civil actions for their custody. The court may also order
support pendente lite, including deduction from the salary
and use of conjugal home and other properties in all civil
actions for support.
Section 8. Supervision of Youth Detention Homes. - The
judge of the Family Court shall have direct control and
supervision of the youth detention home which the local
government unit shall establish to separate the youth
offenders from adult criminals: Provided, however, That
alternatives to detention and institutional care shall be made
available to the accused including counseling, recognizance,
bail, community continuum, or diversions from the justice
system: Provided, further, That the human rights of the
accused are fully respected in a manner appropriate to their
well-being.
Section 9. Social Services and Counseling Division. -
Under the guidance ofthe Department of Social Welfare and
Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region
as the Supreme Court shall deem necessary based on the
number of juvenile and family cases existing in such
jurisdiction. It shall provide appropriate social services to all
juvenile and family cases filed with the court and recommend
the proper social action. It shall also develop programs,
formulate uniform policies and procedures, and provide
technical supervision and monitoring of all SSCD in
coordination with the judge.
Section 10. Social Services and Counseling Division
Staff. - The SSCD shall have a staff composed of qualified
social workers and other personnel with academic
preparation in behavioral sciences to carry out the duties'of
conducting intake assessment, social case studies,
9
casework and counseling, and othersocial services that may
be needed in connection with cases filed with the court:
Provided, however, That in adoption cases and in petitions
for declaration of abandonment, the case studies may be
prepared by social workers of duly licensed child caring or
child placement agencies, or the DSWD. When warranted,
the division shall recommend that the court avail itself of
consultative services of psychiatrists, psychologists, and
other qualified specialists presently employed in other
departments of the government in connection with its cases.
The position of Social Work Adviser shall be created under
the Office of the Court Administrator, who shall monitor and
supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance
with Sec. 17 of this Act, in areas where no Family Court has
been established or no Regional Trial Court was designated
by the Supreme Court due to the limited number of cases,
the DSWD shall designate and assign qualified, trained, and
DSWD accredited social workers of the local government
units to handle juvenile and family cases filed in the
designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. -
All hearings and conciliation of the child and family cases
shall be treated in a manner consistent with the promotion of
the child's and the family's dignity and worth, and shall
respect their privacy at all stages of the proceedings.
Records of the cases shall be dealt with utmost
confidentiality and the identity of parties shall not be divulged
unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme
Court shall promulgate special rules of procedure for the
transfer of cases to the new courts during the transition
period and for the disposition of family cases with the best
interests of the child and the protection of the family as
primary consideration taking into account the United Nations
Convention on the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court
shall be appealed in the same manner and subject to the
same conditions as appeals from the ordinary Regional Trial
Courts.
Section 15. Appropriations. - The amount necessary to
carry out the provisions of this Act shall be included in the
General Appropriations Act of the year following in its
enactment into law and thereafter.
Section 16. Implementing Rules and Regulations. - The
Supreme Court, in coordination with the DSWD, shall
formulate the necessary rules and regulations for the
effective implementation of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the
establishment of such Family Courts, the Supreme Court
shall designate from among the branches ofthe Regional
Trial Court at least one Family Court in each of the cities of
Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago,
Dagupan, Olongapo, Cabanatuan, San Jose, Angeles,
Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas,
Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue,
Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao,
General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga,

Pagadian, Iligan, and in such other places as the Supreme
Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be
assigned to the Family Courts when their dockets permit:
Provided, That such additional cases shall not be heard on
the same day family cases are heard.
In areas where there are no Family Courts, the cases
referred to in Sec. 5 of this Act shall be adjudicated by the
Regional Trial Court.
Section 18. Separability Clause. - In case any provision of
this Act is declared unconstitutional, the other provisions
shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees,
executive orders, rules or regulations inconsistent herewith
are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation.
Approved October 28, 1997.
SC ADMINISTRATIVE ORDER NO. 113-95,
October 02, 1995
RE: DESIGNATION OF SPECIAL COURTS FOR
INTELLECTUAL PROPERTY RIGHTS
In the interest of an efficient administration of justice and to
ensure speedy disposition of cases involving violation of
Intellectual Property Rights, the following Branches of the
Regional Trial Courts, Metropolitan Trial Courts and
Municipal Trial Courts in Cities, presently presided over by
their respective trial judges as herein below indicated, are
hereby specially designated to try and decide cases for
violations of Intellectual Property Rights such as, but riot
limited to, violations of Art. 188 of the Revised Penal Code
(Substituting and Altering Trademarks, Trade Names, or
Service Marks), Art. 189 of the Revised Penal Code (Unfair
Competition, Fraudulent Registration of Trade Name,
trademark or Service Mark, Fraudulent Designation of Origin,
and False Description), Presidential Degree No. 49
(Protection of Intellectual Property Rights), Presidential
Degree No. 87 (An Act Creating-the Videogram Regulatory
Board), Republic Act No.165 "as amended (The Patent Law),
and Republic Act 166 as amended' (The Trademark Law)
committed within their respective territorial areas All single
sala courts with which cases for violation of Intellectual
Property Rights are or may be filed shall take cognizance of
them as if they have been designated as special courts, and
for that matter, shall give them priority in their trial calendars.
The trial of cases for violation of Intellectual Property Rights
covered by this Administrative Order shall be immediately
commenced and shall continue from day to day to be
terminated as far as practicable within sixty (60) days from
initial trial.
Judgment thereon shall be rendered within thirty (30) days
from date of submission for decision. All cases referred to
herein where trial has already started shall remain in the
branches where they are presently assigned. However,
cases where pre-trial has not yet commenced shall be
transferred immediately to the branches herein designated.
The Executive Judges of the Special Courts herein
designated may exclude such courts from the raffle of new
cases whenever in their judgment the caseloads of said
10
Courts so designated shall not allow them to try these
special cases with efficiency and dispatch. This Order shall
take effect immediately and shall continue in effect until
further orders from this Court
A.M. N0. 03-03-03-SC
[JULY 01, 2003]
RE: CONSOLIDATION OF INTELLECTUAL PROPERTY
COURTS WITH COMMERCIAL COURTS
RESOLUTION
WHEREAS, to implement the provisions of Section 5.2 of
Republic Act No. 8799 (The Securities Regulation Code),
and in the interest of a speedy and efficient administration of
justice, the Supreme Court en bane, in the (a) Resolution
dated 21 November 2000 (Annex 1), 4 July 2001 (Annex 1-
a), 12 November 2002 (Annex 1-b), and 9 July 2002 (Annex
1-c), all issued in A.M. No. 00-11-03-SC; (b) Resolution
dated 27 August 2001 in A.M. No. 01-5-298 RTC (Annex 2);
and (c) Resolution dated 8 July 2002 in A.M. No. 01-12-656-
RTC (Annex 3), resolved to designate certain branches of
the Regional Trial Courts to try and decide cases formerly
cognizable by the Securities and Exchange Commission;
WHEREAS, pursuant to the same Resolution, sixty-five (65)
Regional Trial Courts, distributed in all regions (NCJR and
Regions 1-12), were designated as SEC courts ("SEC
Courts"), which courts have presently a total of 812 pending
SEC cases (see Annex 6, Table); WHEREAS, in A.O No.
113-95, dated 2 October 1995, as amended by A.O. No.
104-96, dated 21 October 1996, the Regional Trial Courts in
the National Capital Region and Regions 3, 4, 6, 7, 9, 10 and
11, with twenty-seven (27) judges, were specially designated
to try and decide cases for violations of Intellectual Property
Rights (Annex 4), and to ensure the speedy disposition of
cases involving violations of intellectual property rights under
the Intellectual Property Code (Rep. Act No. 8293), the
Supreme Court en bane, in A.M. No. 02-1-11- SC, dated
February 19, 2002, designated the Regional Trial Courts in
Regions 1, 2, 5, 8 and 12, with a total of seven (7) judges,
and Branch 24 of the Regional Trial Court of Manila with one
(1) judge, as Special Intellectual Property Courts ("Special IP
Courts") (Annex 5)
WHEREAS, pursuant to A.M. No. 02-1-11 SC and A.O. No.
113-95, these Special IP Courts have a total caseload of 503
cases. Of this number 434 IP cases are pending in the NCJR
(Annex 6, Table);
WHEREAS, since the establishment of Special IP Courts
(except for the Special IP Courts in Manila), 15 designated
courts, in Regions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 12 have zero
(0) IP cases, and do not warrant their continued designations
as Intellectual Property Courts (Annex 7, Table);
WHEREAS, intellectual property cases are commercial in
nature;
WHEREAS, to streamline the court structure and to promote
expediency and efficiency in handling such special cases,
the jurisdiction to hear and decide IPC and SEC cases are
best consolidated in one court;
NOW, THEREFORE, the Court
Resolves:chanroblesvirtuallawlibrary
1. The Regional Courts previously designated as SEC
Courts through the: (a) Resolutions of this Court dated 21
November 2000, 4 July 2001, 12 November 2002, and 9 July

2002, all issued in A.M. No. 00-11-03-SC, (b) Resolution
dated 27 August 2001 in A.M. No. 01-5-298-RTC; and (c)
Resolution dated 8 July 2002 in A.M. No. 01-12-656-RTC are
hereby DESIGNATED and shall be CALLED as Special
Commercial Courts to try and decide cases involving
violations of Intellectual Property Rights which fall within their
jurisdiction and those cases formerly cognizable by the
Securities and Exchange Commission;
2. The designation of Intellectual Property Courts under
Administrative Order No. 113-95 dated 2 October 1995, as
amended by Administrative Order No. 104-96 dated 21
October 1996 and Resolution dated 19 February 2002 in
A.M. No. 02-1-11-SC, is hereby revoked. However, the
Regional Trial Court, Branch 24, Manila is hereby designated
as an additional Special Commercial Court in the City of
Manila;
3. Upon the effectivity of this Resolution, all IP cases shall be
transferred to the designated Special Commercial Courts
except those which have undergone the pretrial stage in civil
cases or those where any of the accused has been arraigned
in criminal cases which shall be retained by the court
previously assigned to try them;
4. The Special Commercial Courts shall have jurisdiction
over cases arising within their respective territorial
jurisdiction with respect to the National Capital Judicial
Region and within the respective provinces with respect to
the First to Twelfth Judicial Regions. Thus, cases shall be
filed in the Office of the Clerk of Court in the official station of
the designated Special Commercial Court;
5. In the event of inhibition of the judge of a designated
Special Commercial Court, the following guidelines shall be
observed: (a) where there is only one (1) Special
Commercial Court, the case shall be raffled among the other
judges in the station; (b) where there are two (2) Special
Commercial Courts in the station, the Executive Judge shall
immediately assign the case to the other Special Commercial
Court; and (c) in case of inhibition of both judges of the
Special Commercial Courts, the Executive Judge shall raffle
the case among the judges in the station; and
6. In order to ensure a just and equitable distribution of
cases, the designated Special Commercial Courts shall
continue to participate in the raffles of other cases. Provided,
however, that the Executive Judge concerned shall adopt a
procedure whereby every IP and SEC case assigned to a
Special Commercial Court should be considered a case
raffled to it and duly credited to such court.
This Resolution shall take effect on 1 July 2003 and shall be
published in two (2) newspapers of general circulation. 17
June 2003
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING
A SPECIAL COURT TO BE KNOWN AS
"SANDIGANBAYAN" AND FOR OTHER PURPOSES
WHEREAS, the new Constitution declares that a public office
is a public trust and ordains that public officers and
employees shall serve with the highest degree of
responsibility, integrity, loyalty and efficiency and shall
remain at all times accountable to the people;
WHEREAS, to attain the highest norms of official conduct
required of public officers and employees, Section 5, Article
11
XIII of the New Constitution provides for the creation of a
special court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers in me vested by
the Constitution, do hereby order and decree as follows:
Section 1. Sandiganbayan; composition; qualifications;
tenure; removal and composition. A special court, of the
same level as the Court of Appeals and possessing all the
inherent powers of a court of justice, to be known as the
Sandiganbayan is hereby created composed of a Presiding
Justice and eight Associate Justices who shall be appointed
by the President.
No person shall be appointed Presiding Justice or Associate
Justice of the Sandiganbayan; unless he is a natural-born
citizen of the Philippines, at least 40 years of age and for at
least ten years has been a judge of a court of record or been
engaged in the practice of law in the Philippines or has held
office requiring admission to the bar as a pre-requisite for a
like period.
The Presiding Justice shall be so designated in his
commission and the other Justices shall have precedence
according to the dates of their respective commissions, or,
when the commissions of two or more of them shall bear the
same date, according to the order in which their
commissions have been issued by the President.
The Presiding Justice and the Associate Justices shall not be
removed from office except on impeachment upon the
grounds and in the manner provided for in Sections 2, 3 and
4 of Article XIII of the 1973 Constitution.
The Presiding Justice shall receive an annual compensation
of P60,000.00 and each Associate Justice P55,000.00 which
shall not be diminished during their continuance in office.
They shall have the same rank, privileges and other
emoluments, be subject to the same inhibitions and
disqualifications, and enjoy the same retirement and other
benefits as those provided for under existing laws of the
Presiding Justice and Associate Justices of the Court of
Appeals.
Whenever the salaries of the Presiding Justice and the
Associate Justices of the Court of Appeals are increased,
such increases in salaries shall be correspondingly extended
to and enjoyed by the Presiding Justice and the Associate
Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or
become incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The
Sandiganbayan shall have its principal office in the Metro
Manila area and shall hold sessions thereat for the trial and
determination of all cases filed with it irrespective of the
place where they may have arisen; Provided, however, that
the Presiding Justice may authorize any division or divisions
of court to hold sessions at any time and place outside Metro
Manila to hear and decide cases emanating from any of the
existing judicial districts. Whenever necessary, the
Sandiganbayan may require the services of the personnel
and the use of the facilities of any agency of the
Government, national or local, including the courts of first
instance of the province where any of the divisions is holding
session, and those personnel of such agencies or courts
shall be subject to the orders of the Sandiganbayan.

Section 3. Divisions of the Courts; Quorum. The
Sandiganbayan shall sit in three divisions of three Justices
each. The three divisions may sit at the same time.
Three Justices shall constitute a quorum for session in
division; Provided, that when the required quorum cannot be
had due to the legal disqualification or temporary disability of
a Justice or of a vacancy occurring therein, the President
shall, upon recommendation of the Presiding Justice,
designate any Justice of the Court of Appeals or Judge of the
Court of First Instance or of the Circuit Criminal Court of the
judicial district concerned to sit temporarily therein.
Section 4. Jurisdiction. The Sandiganbayan shall have
jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended,
otherwise, known as the Anti-Graft and Corrupt
Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and
employees including those employed in government-
owned or controlled corporations, embraced in Title
VII of the Revised Penal Code, whether simple or
complexed with other crimes; and
(c) Other crimes or offenses committed by public
officers or employees, including those employed in
government-owned or controlled corporations, in
relation to their office.
The jurisdiction herein conferred shall be original and
exclusive if the offense charged is punishable by a penalty
higher than prision correccional, or its equivalent, except as
herein provided; in other offenses, it shall be concurrent with
the regular courts.
In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
employees including those employed in government-owned
or controlled corporations, they shall be tried jointly with said
public officers and employees.
Where an accused is tried for any of the above offenses and
the evidence is insufficient to establish the offense charged,
he may nevertheless be convicted and sentenced for the
offense proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding
civil action for the recovery of civil liability arising from the
offense charged shall at all times be simultaneously
instituted with, and jointly determined in the same proceeding
by, the Sandiganbayan, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filing of such action shall
be recognized; Provided, however, that, in cases within the
exclusive jurisdiction of the Sandiganbayan, where the civil
action had therefore been filed separately with a regular
court but judgment therein has not yet been rendered and
the criminal case is hereafter filed with the Sandiganbayan,
said civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further,
that, in cases within the concurrent jurisdiction of the
Sandiganbayan and the regular courts, where either the
12
criminal or civil action is first filed with the regular courts, the
corresponding civil or criminal action, as the case may be,
shall only be filed with the regular courts of competent
jurisdiction.
Excepted from the foregoing provisions, during martial law,
are criminal cases against officers and members of the
armed forces in the active service.
Section 5. Proceedings, how conducted; votes required. The
unanimous vote of the three justices in a division shall be
necessary for the pronouncement of a judgment. In the event
that the three justices do not reach a unanimous vote, the
Presiding Judge shall designate two other justices from
among the members of the Court to sit temporarily with
them, forming a division of five justices, and the concurrence
of a majority of such division shall be necessary for rendering
judgment.
Section 6. Maximum period for termination of cases. As far
as practicable, the trial of cases before the Sandiganbayan
once commenced shall be continuos until terminated and the
judgment shall be rendered within three (3) months from the
date the case was submitted for decision.
Section 7. Form, finality and enforcement of
decisions. Decisions and final orders of the Sandiganbayan
shall contain complete findings of facts on all issues properly
raised before it.
A petition for reconsideration of any final order or decision
maybe filed within (15) days from promulgation or notice of
the final order or judgment, and such petition for
reconsideration shall be decided within thirty (30) days from
submission thereon.
Decisions and final orders shall be subject to review on
certiorari by the Supreme Court in accordance with Rule 45
of the Rules of Court. The Supreme Court shall decide any
case on appeal promptly and without the necessity of placing
it upon the regular calendar. Whenever, in any case decided,
the death penalty shall have been imposed, the records shall
be forwarded to the Supreme Court, whether the accused
shall have appealed or not, for review and judgment, as law
and justice shall dictate.
Final judgments and orders of the Sandiganbayan shall be
executed and enforced in the manner provided by law.
Section 8. Transfer of cases. As of the date of the effectivity
of this decree, any case cognizable by the Sandiganbayan
within its exclusive jurisdiction where none of the accused
has been arraigned shall be transferred to the
Sandiganbayan.
Section 9. Rule-making Power. The Sandiganbayan shall
have the power to promulgate its own rules of procedure
and, pending such promulgation, the Rules of Court shall
govern its proceedings.
Section 10. Authority over internal affairs. The
Sandiganbayan shall administer its own internal affairs and
may adopt such rules governing the constitution of its
divisions, the allocation of cases among them, the rotation of
justices and other matters relating to its business.
Section 11. Proceeding free of charge. All proceedings in
the Sandiganbayan shall be conducted at no cost to the
complainant and/or his witnesses.
No criminal information or complaint shall be entertained by
the Sandiganbayan except upon a certification by the

Investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation
conducted in accordance with applicable laws and approved
by the Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan
shall reelect and appoint such personnel as it may deem
necessary to discharge its functions under this Decree
including a Clerk of Court and three (3) Deputy Clerks of
Court who shall be members of the Bar.
The Clerk of Court shall have an annual compensation of
P36,000.00 and the Deputy Clerks of Court, P30,000.00.
All other subordinate employees of the Sandiganbayan shall
be governed by the provisions of the Civil Service Law;
Provided, that the Sandiganbayan may, by resolution en
banc, remove any of them for cause.
Section 13. Report to the President. The Sandiganbayan
shall submit an annual report to the President, including all
disbursements of funds entrusted to it, within two months
from the end of the Fiscal Year.
Section 14. Funding. There is hereby immediately
appropriated the sum of Five Million Pesos (P5,000.00) out
of any funds in the National Treasury to carry out the
provisions of this Decree and thereafter to be included in the
general appropriations act. The appropriations for the
Sandiganbayan shall be automatically released in
accordance with a schedule submitted by the
Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any
section or provision of this Decree is declared to be
unconstitutional or invalid, other sections or provisions
thereof which are not affected thereby, shall continue in full
force and effect.
Section 16. Repealing Clause. This Decree hereby repeals
Presidential Decree No. 1486 and all other provisions of law,
General Orders, Presidential Decrees, Letters of Instructions,
rules or regulations inconsistent herewith.
Section 17. Effectivity. This Decree shall take effect
immediately.
Done in the City of Manila, this 10th day of December, in the
year of Our Lord, nineteen hundred and seventy-eight.
REPUBLIC ACT No. 7975
AN ACT TO STRENGTHEN THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE
SANDIGANBAYAN, AMENDING FOR THAT PURPOSE
PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as
amended by Executive Order No. 184, is hereby further
amended to read as follows:
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan
shall sit in five (5) divisions of three justices each. The five
(5) may sit at the same time.
"The first three divisions shall be stationed in the Metro
Manila area, the fourth division shall be in Cebu City for
cases coming from the Visayas region, and the fifth division
shall be in Cagayan de Oro City for cases coming from the
Mindanao region.
"Three Justices shall constitute a quorum for sessions in
divisions: Provided, That when the required quorum for the
particular division cannot be had due to the legal
13
disqualification or temporary disability of a Justice or of a
vacancy occurring therein, the Presiding Justice may
designate an Associate Justice of the Court, to be
determined by strict rotation on the basis of the reverse order
of precedence, to sit as a special member of said division
with all the rights and prerogatives of a regular member of
said division in the trial and determination of a case or cases
assigned thereto, unless the operation of the court will be
prejudiced thereby, in which case, the President shall, upon
the recommendation of the Presiding Justice, designate any
Justice or Justices of the Court of Appeals to sit temporarily
therein."
Section 2. Section 4 of the same Decree is hereby further
amended to read as follows:
"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise
original jurisdiction in all cases involving:
"a. Violations of Republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II,
Section 2, Title VII of the Revised Penal Code
(Bribery), where one or more of the principal accused
are officials occupying the following positions in the
government, whether in permanent, acting or interim
capacity, at the time of the commission of the
offense:
"(1) Officials of the executive branch
occupying the positions of regional director
and higher, otherwise classified as grade 27
and higher, of the Compensation and
Position Classification Act of 1989 (Republic
Act No. 6758), specifically including:
"(a) Provincial governors, vice-
governors, members of the
sangguniang panlalawigan, and
provincial treasurers, assessors,
engineers, and other provincial
department heads;
"(b) City mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
assessors, engineers, and other city
department heads;
"(c) Officials of the diplomatic service
occupying the position of consul and
higher;
"(d) Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
"(e) PNP chief superintendent and
PNP officers of higher rank;
"(f) City and provincial prosecutors
and their assistants, and officials and
prosecutors in the Office of the
Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees,
or managers of government-owned or
controlled corporations, state
universities or educational institutions
or foundations;

"(2) Members of Congress and officials
thereof classified as Grade "27" and up under
the Compensation and Position Classification
Act of 1989;
"(3) Members of the judiciary without
prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional
Commissions, without prejudice to the
provisions of the Constitution; and
"(5) All other national and local officials
classified as Grade "27" and higher under the
Compensation and Position Classification Act
of 1989;
"b. Other offenses or felonies committed by the
public officials and employees mentioned in
subsection (a) of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14 and
14-A.
"In cases where none of the principal accused are occupying
positions corresponding to salary grade "27" or higher, as
prescribed in the said Republic Act No. 6758, or PNP officers
occupying the rank of superintendent or higher, or their
equivalent, exclusive jurisdiction thereof shall be vested in
the proper Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, and Municipal Circuit Trial Court, as
the case may be, pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate
jurisdiction on appeals from the final judgments, resolutions
or orders of regular courts where all the accused are
occupying positions lower than salary grade "27", or not
otherwise covered by the preceding enumeration.
"The Sandiganbayan shall have exclusive original jurisdiction
over petitions for the issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus, injunction, and other
ancillary writs and processes in aid of its appellate
jurisdiction: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as
well as the implementing rules that the Supreme Court has
promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall
apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan
and from the Sandiganbayan to the Supreme Court, the
office of the Ombudsman, through its special prosecutor,
shall represent the people of the Philippines except in cases
filed pursuant to Executive Orders Nos. 1, 2, 14 and 14-A.
"In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or
employees, including those employed in government-owned
or controlled corporations, they shall be tried jointly with said
public officers and employees in the proper courts which
shall exercise exclusive jurisdiction over them.
"Any provision of law or Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding
civil action for the recovery of civil liability arising from the
offense charged shall at all times be simultaneously
14
instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts,
the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to
reserve the filing of such civil action separately from the
criminal action shall be recognized: Provided, however, That
where the civil action had heretofore been filed separately
but judgment therein has not yet been rendered, and the
criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court as the case may be,
for consolidation and joint determination with the criminal
action, otherwise the separate civil action shall be deemed
abandoned."
Section 3. Section 7 of the same decree is hereby amended
to read as follows:
"Sec. 7. Form, Finality and Enforcement of Decisions. - All
decisions and final orders determining the merits of a case or
finally disposing of the action or proceedings of the
Sandiganbayan shall contain complete findings of the facts
and the law on which they are based, on all issues properly
raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or decision
may be filed within fifteen (15) days from promulgation or
notice of the final order or judgment, and such motion for
reconsideration shall be decided within thirty (30) days from
submission thereon.
"Decisions and final orders of the Sandiganbayan shall be
appealable to the Supreme Court by petition for review on
certiorari raising pure questions of law in accordance with
Rule 45 of the Rules of Court. Whenever, in any case
decided by the Sandiganbayan, the penalty of reclusion
perpetua or higher is imposed, the decision shall be
appealable to the Supreme Court in the manner prescribed
in the Rules of Court. In case the penalty imposed is death,
review by the Supreme Court shall be automatic, whether or
not the accused filed an appeal.
"Judgments and orders of the Sandiganbayan shall be
executed and enforced in the manner provided by law.
"Decisions and final orders of other courts, in cases
cognizable by said courts under this Act shall be appealable
to the Sandiganbayan within fifteen (15) days from
promulgation or notice to the parties."
Section 4. Section 9 of the same Decree is hereby amended
to read as follows:
"Sec. 9. Rules of Procedure. - The Rules of Court
promulgated by the Supreme Court shall apply to all cases
and proceedings filed with the Sandiganbayan. The
Sandiganbayan shall have no power to promulgate its own
rules of procedure, except to adopt internal rules governing
the allotment of cases among the divisions, the rotation of
justices among them, and other matters relating to the
internal operations of the court which shall be inforced until
repealed or modified by the Supreme Court."
Section 5. Section 10 of the same Decree is hereby
repealed.
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861,
Executive Orders Nos. 101 and 184 and all other laws,
decrees, orders and rules of which are inconsistent therewith
are hereby repealed or modified accordingly.

Section 7. Upon the effectivity of this Act, all criminal cases
in which trial has not begun in the Sandiganbayan shall be
referred to the proper courts.
Section 8. This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in two (2)
national newspapers of general circulation.
Approved: 30 March 1995
Republic Act No. 8249 February 5, 1997
AN ACT FURTHER DEFINING THE JURISDICTION OF
THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 1606, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. The first paragraph of Section 1 of Presidential
Decree No. 1606, as amended, is hereby further amended to
read as follows:
"SECTION 1. Sandiganbayan; Composition,
Qualifications; Tenure; Removal and Compensation.
- A special court, of the same level as the Court of
Appeals and possessing all the inherent powers of a
court of justice, to be known as the Sandiganbayan is
hereby created composed of a presiding justice and
fourteen associate justices who shall be appointed by
the President."
Section 2. Section 2 of the same decree is hereby further
amended to read as follows:
"SECTION 2. Official Station; Place of Holding
Sessions. - The Sandiganbayan shall have its
principal office in the Metro Manila area and shall
hold sessions thereat for the trial and determination
of cases filed with it: Provided, however, That cases
originating from the principal geographical regions of
the country, that is, from Luzon, Visayas or
Mindanao, shall be heard in their respective regions
of origin except only when the greater convenience
of the accused and of the witnesses, or other
compelling considerations require the contrary, in
which instance a case originating from one
geographical region may be heard in another
geographical region: Provided, further, That for this
purpose the presiding justice shall authorize any
divisions of the court to hold sessions at any time
and place outside Metro Manila and, where the
interest of justice so requires, outside the territorial
boundaries of the Philippines. The Sandiganbayan
may require the services of the personnel and the
use of facilities of the courts or other government
offices where any of the divisions is holding sessions
and the personnel of such courts or offices shall be
subject to the orders of the Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same
decree is hereby deleted.
Section 4. Section 4 of the same decree is hereby further
amended to read as follows:
"a. Violations of Republic Act No. 3019, as amended,
otherwise known as the Anti-graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II,
Section 2, Title VII, Book II of the Revised Penal
15
Code (bribery), where one or more of the accused
are officials occupying the following positions in the
government whether in a permanent, acting or
interim capacity, at the time of the commission of the
offense:
"(1) Officials of the executive branch
occupying the positions of regional director
and higher, otherwise classified as Grade '27'
and higher, of the Compensation and
Position Classification Act of 1989 (Republic
Act No. 6758), specifically including:
"(a) Provincial governors, vice-
governors, members of the
sangguniang panlalawigan and
provincial treasurers, assessors,
engineers and other provincial
department heads;
"(b) City mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
assessors engineers and other city
department heads;
"(c) Officials of the diplomatic service
occupying the position of consul and
higher;
"(d) Philippine army and air force
colonels, naval captains, and all
officers of higher rank;
"(e) Officers of the Philippine National
Police while occupying the position of
provincial director and those holding
the rank of senior superintendent or
higher;
"(f) City and provincial prosecutors
and their assistants, and officials and
prosecutors in the Office of the
Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees,
or managers of government-owned or
-controlled corporations, state
universities or educational institutions
or foundations;
"(2) Members of Congress and officials
thereof classified as Grade'27'and up under
the Compensation and Position Classification
Act of 1989;
"(3) Members of the judiciary without
prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional
Commissions, without prejudice to the
provisions of the Constitution; and
"(5) All other national and local officials
classified as Grade'27'and higher under the
Compensation and Position Classification Act
of 1989.
"b. Other offenses or felonies whether simple or
complexed with other crimes committed by the public
officials and employees mentioned in subsection a of
this section in relation to their office.

"c. Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1 (CREATING THE
PRESIDENTIAL COMMISSION ON GOOD
GOVERNMENT), 2 (Regarding The Funds, Moneys, Assets,
And Properties Illegally Acquired Or Misappropriated By
Former President Ferdinand Marcos, Mrs. Imelda
Romualdez Marcos, Their Close Relatives, Subordinates,
Business Associates, Dummies, Agents, Or Nominees.), 14
and 14-A (vesting in the Sandiganbayan original and
exclusive jurisdiction over all criminal and civil suits filed by
the Presidential Commission on Good Governmen), issued
in 1986.
"In cases where none of the accused are occupying
positions corresponding to salary grade '27' or
higher, as prescribed in the said Republic Act No.
6758, or military or PNP officers mentioned above,
exclusive original jurisdiction thereof shall be vested
in the proper regional trial court, metropolitan trial
court, municipal trial court and municipal circuit trial
court ' as the case may be, pursuant to their
respective jurisdiction as provided in Batas
Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether
in the exercise of their own original jurisdiction or of
their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original
jurisdiction over petitions for the issuance of the writs
of mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in
aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that
may arise in cases filed or which may be filed under
Executive Order Nos. 1,2,14 and 14-A, issued in
1986: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg.
129, as well as the implementing rules that the
Supreme Court has promulgated and may hereafter
promulgate, relative to appeals/petitions for review to
the Court of Appeals, shall apply to appeals and
petitions for review filed with the Sandiganbayan. In
all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the Office
of the Ombudsman, through its special prosecutor,
shall represent the People of the Philippines, except
in cases filed pursuant to Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986.
"In case private individuals are charged as co-
principals, accomplices or accessories with the public
officers or employees, including those employed in
govemment-owned or controlled corporations, they
shall be tried jointly with said public officers and
employees in the proper courts which shall exercise
exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the
contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil
liability shall at all times be simultaneously instituted
16
with, and jointly determined in, the same proceeding
by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action,
and no right to reserve the filing of such civil action
separately from the criminal action shall be
recognized: Provided, however, That where the civil
action had therefore been filed separately but
judgment therein has not yet been rendered, and the
criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil
action shall be transferred to the Sandiganbayan or
the appropriate court, as the case may be, for
consolidation and joint determination with the
criminal action, otherwise the separate civil action
shall be deemed abandoned."
Section 5. Section 7 of the same decree is hereby further
amended to read as follows:
'SECTION 7. Form, Finality and Enforcement of
Decisions. - All decisions and final orders
determining the merits of a case or finally disposing
of the action or proceedings of the Sandijanbayan
shall contain complete findings of the facts and the
law on which they are based, on all issues properly
raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or
decision may be filed within fifteen (15) days from
promulgation or notice of the final order on judgment,
and such motion for reconsideration shall be decided
within thirty (30) days from submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall
be appealable to the Supreme Court by petition for
review on certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the
Sandiganbayan, the penalty of reclusion perpetua,
life imprisonment or death is imposed, the decision
shall be appealable to the Supreme Court in the
manner prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall
be executed and enforced in the manner provided by
law.
"Decisions and final orders of other courts in cases
cognizable by said courts under this decree as well
as those rendered by them in the exercise of their
appellate jurisdiction shall be appealable to, or be
reviewable by, the Sandiganbayan in the manner
provided by Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the
Sandiganbayan or the regional trial court in the
proper exercise of their respective jurisdictions, is
death, review by the Supreme Court shall be
automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to
carry out the initial implementation of this Act shall be
charged against the current fiscal year appropriations of the
Sandiganbayan. Thereafter, such sums as may be needed
for its continued implementation shall be included in the
annual General Appropriations Act.

Section 7. Transitory Provision. - This Act shall apply to all
cases pending in any court over which trial has not begun as
of the approval hereof
Section 8. Separability of Provisions. - If for any reason
any provision of this Act is declared unconstitutional or
invalid, such parts or portions not affected thereby shall
remain in full force and effect.
Section 9. Repealing Clause. - All acts, decrees, general
orders and circulars, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified
accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen
(15) days after its complete publication in at least two (2)
newspapers of general circulation.
RESOLUTION OF THE COURT EN BANC DATED
OCTOBER 15, 1991 PROVIDING FOR THE REVISED
RULE ON SUMMARY PROCEDURE FOR METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT
TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of
1980 (B.P Blg. 129) and to achieve an expeditious and
inexpensive determination of the cases referred to herein,
the Court Resolved to promulgate the following Revised Rule
on Summary Procedure:chanroblesvirtuallawlibrary
I.
Applicability
Section 1. Scope. This rule shall govern the summary
procedure in the Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the following cases falling
within their jurisdiction:chanroblesvirtuallawlibrary
A. Civil Cases:chanroblesvirtuallawlibrary
(1) All cases of forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals
sought to be recovered. Where attorney's fees are awarded,
the same shall not exceed twenty thousand pesos
(P20,000.00).
(2) All other civil cases, except probate proceedings, where
the total amount of the plaintiff's claim does not exceed ten
thousand pesos (P10,000.00), exclusive of interest and
costs.chanrobles virtual law library chanrobles virtual law
library
B. Criminal Cases:chanroblesvirtuallawlibrary
(1) Violations of traffic laws, rules and
regulations; chanrobles virtual law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles
virtual law library
(4) All other criminal cases where the penalty prescribed by
law for the offense charged is imprisonment not exceeding
17
six months, or a fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property
through criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos
(P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs
cause of action is pleaded in the same complaint with
another cause of action subject to the ordinary procedure;
nor to a criminal case where the offense charged is
necessarily related to another criminal case subject to the
ordinary procedure.chanrobles virtual law library chanrobles
virtual law library
Sec. 2. Determination of applicability. Upon the filing of a
civil or criminal action, the court shall issue an order
declaring whether or not the case shall be governed by this
Rule A patently erroneous determination to avoid the
application of the Rule on Summary Procedure is a ground
for disciplinary action.chanrobles virtual law
library chanrobles virtual law library
II.
Civil Cases
Sec. 3. Pleadings.
A. Pleadings allowed. The only pleadings allowed to be
filed are the complaints, compulsory counterclaims and
cross-claims' pleaded in the answer, and the answers
thereto.
B. Verifications. All pleadings shall be verified.
Sec. 4. Duty of court. After the court determines that the
case falls under summary procedure, it may, from an
examination of the allegations therein and such evidence as
may be attached thereto, dismiss the case outright on any of
the grounds apparent therefrom for the dismissal of a civil
action. If no ground for dismissal is found it shall forthwith
issue summons which shall state that the summary
procedure under this Rule shall apply. d-c chanrobles virtual
law library
Sec. 5. Answer. Within ten (10) days from service of
summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein shall
be deemed waived, except for lack of jurisdiction over the
subject matter. Cross-claims and compulsory counterclaims
not asserted in the answer shall be considered barred. The
answer to counterclaims or cross-claims shall be filed and
served within ten (10) days from service of the answer in
which they are pleaded.chanrobles virtual law
library chanrobles virtual law library
Sec. 6. Effect of failure to answer. Should the defendant
fail to answer the complaint within the period above provided,
the court, motu proprio, or on motion of the plaintiff, shall
render judgment as may be warranted by the facts alleged in
the complaint and limited to what is prayed for therein:
Provided, however, that the court may in its discretion reduce
the amount of damages and attorney's fees claimed for
being excessive or otherwise unconscionable. This is without
prejudice to the applicability of Section 4, Rule 15 of the
Rules of Court, if there are two or more defendants.

Sec. 7. Preliminary conference; appearance of parties.
Not later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held. The rules on pre-trial in
ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this
Rule.chanrobles virtual law library chanrobles virtual law
library
The failure of the plaintiff to appear in the preliminary
conference shall be a cause for the dismissal of his
complaint. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be
dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be
entitled to judgment in accordance with Section 6 hereof.
This Rule shall not apply where one of two or more
defendants sued under a common cause of action who had
pleaded a common defense shall appear at the preliminary
conference.
Sec. 8. Record of preliminary conference. Within five (5)
days after the termination of the preliminary conference, the
court shall issue an order stating the matters taken up
therein, including but not limited
to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the
parties;.
(c) Whether, on the basis of the pleadings and the
stipulations and admissions made by the parties, judgment
may be rendered without the need of further proceedings, in
which event the judgment shall be rendered within thirty (30)
days from issuance of the order;
(d) A clear specification of material facts which remain
controverted; and chanrobles virtual law library
(e) Such other matters intended to expedite the disposition
of the case.chanrobles virtual law librarychanrobles virtual
law library
Sec. 9. Submission of affidavits and position papers.
Within ten (10) days from receipt of the order mentioned in
the next preceding section, the parties shall submit the
affidavits of their witnesses and other evidence on the factual
issues defined in the order, together with their position
papers setting forth the law and the facts relied upon by
them.chanrobles virtual law library chanrobles virtual law
library
Sec. 10. Rendition of judgment. Within thirty (30) days
after receipt of the last affidavits and position papers, or the
expiration of the period for filing the same, the court shall
render judgment.
However should the court find it necessary to clarify certain
material facts, it may, during the said period, issue an order
specifying the matters to be clarified, and require the parties
to submit affidavits or other evidence on the said matters
within ten (10) days from receipt of said order. Judgment
shall be rendered within fifteen (15) days after the receipt of
the last clarificatory affidavits, or the expiration of the period
for filing the same.
The court shall not resort to the clarificatory procedure to
gain time for the rendition of the judgment.
18
III.
Criminal Cases
Sec. 11. How commenced. The filing of criminal cases
falling within the scope of this Rule shall be either by
complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases
shall be commenced only by information, except when the
offense cannot be prosecuted de oficio. chanrobles virtual
law library
The complaint or information shall be accompanied by the
affidavits of the compliant and of his witnesses in such
number of copies as there are accused plus two (2) copies
for the court's files.If this requirement is not complied with
within five (5) days from date of filing, the care may be
dismissed.chanrobles virtual law library chanrobles virtual
law library
Sec. 12. Duty of court. chanrobles virtual law library
(a) If commenced by compliant. On the basis of the
compliant and the affidavits and other evidence
accompanying the same, the court may dismiss the case
outright for being patently without basis or merit and order
the release of the amused if in custody.
(b) If commenced by information. When the case is
commenced by information, or is not dismissed pursuant to
the next preceding paragraph, the court shall issue an order
which, together with copies of the affidavits and other
evidence submitted by the prosecution, shall require the
accused to submit his counter-affidavit and the affidavits of
his witnesses as well as any evidence in his behalf, serving
copies thereof on the complainant or prosecutor not later
than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days after
receipt of the counter-affidavits of the defense.
Sec. 13. Arraignment and trial. Should the court, upon a
consideration of the complaint or information and the
affidavits submitted by both parties, find no cause or ground
to hold the accused for trial, it shall order the dismissal of the
case; otherwise, the court shall set the case for arraignment
and trial.
If the accused is in custody for the crime charged, he shall
be immediately arraigned and if he enters a plea of guilty, he
shall forthwith be sentenced.chanrobles virtual law
library chanrobles virtual law library
Sec. 14. Preliminary conference. Before conducting the
trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to enter
a plea of guilty to a lesser offense may be considered, or
such other matters may be taken up to clarify the issues and
to ensure a speedy disposition of the case.However, no
admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his
counsel.A refusal or failure to stipulate shall not prejudice the
accused.
Sec. 15. Procedure of trial. At the trial, the affidavits
submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same.
Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination. Should the
affiant fail to testify, his affidavit shall not be considered as

competent evidence for the party presenting the affidavit, but
the adverse party may utilize the same for any admissible
purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed
to testify unless his affidavit was previously submitted to the
court in accordance with Section 12 hereof.chanrobles virtual
law library chanrobles virtual law library
However, should a party desire to present additional
affidavits or counter-affidavits as part of his direct evidence,
he shall so manifest during the preliminary conference,
stating the purpose thereof. If allowed by the court, the
additional affidavits of the prosecution or the counter-
affidavits of the defense shall be submitted to the court and
served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the
additional affidavits are presented by the prosecution, the
accused may file his counter-affidavits and serve the same
on the prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. The court shall not order the
arrest of the accused except for failure to appear whenever
required. Release of the person arrested shall either be on
bail or on recognizance by a responsible citizen acceptable
to the court.
Sec. 17. Judgment. Where a trial has been conducted,
the court shall promulgate the judgment not later than thirty
(30) days after the termination of trial.chanrobles virtual law
library chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. Cases requiring referral to
the Lupon for conciliation under the provisions of Presidential
Decree No. 1508 where there is no showing of compliance
with such requirement, shall be dismissed without prejudice
and may be revived only after such requirement shall have
been complied with. This provision shall not apply to
criminal cases where the accused was arrested without a
warrant.chanrobles virtual law library chanrobles virtual law
library
Sec. 19. Prohibited pleadings and motions. The following
pleadings, motions or petitions shall not be allowed in the
cases covered by this Rule:chanrobles virtual law library
(a) Motion to dismiss the complaint or to quash the
complaint or information except on the ground of lack of
jurisdiction over the subject matter, or failure to comply with
the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment,
or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or
any other paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
(h) Motion to declare the defendant in default; chanrobles
virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
19
Sec. 20. Affidavits. The affidavits required to be
submitted under this Rule shall state only facts of direct
personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the
matters stated therein.
A violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and
shall be cause to expunge the inadmissible affidavit or
portion thereof from the record.chanrobles virtual law
library chanrobles virtual law library
Sec. 21. Appeal. The judgment or final order shall be
appealable to the appropriate regional trial court which shall
decide the same in accordance with Section 22 of Batas
Pambansa Blg. 129. The decision of the regional trial court in
civil cases governed by this Rule, including forcible entry and
unlawful detainer, shall be immediately executory, without
prejudice to a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. The regular
procedure prescribed in the Rules of Court shall apply to the
special cases herein provided for in a suppletory capacity
insofar as they are not inconsistent herewith. chanrobles
virtual law library
Sec. 23. Effectivity. This revised Rule on Summary
Procedure shall be effective on November 15, 1991.
A.M. No. 02-11-09-SC November 12, 2002
RE: AMENDMENT OF THE REVISED RULE ON
SUMMARY PROCEDURE
RESOLUTION
Acting on the proposal of the Committee on Revision
of the Rules of Court, the Court Resolved to AMEND Section
1.A(2) of the Revised Rule on Summary Procedure as
follows:
"2 All other cases, except probate
proceedings, where the total amount of the plaintiff's
claim does not exceed one hundred thousand pesos
(P100,000.00) or two hundred thousand pesos
(P200,000.00) in Metropolitan Manila, exclusive of
interest and costs."
The amendment shall take effect on November 25,
2002 following the publication of this Resolution in a
newspaper of general circulation.
November 12, 2002.
RULE OF PROCEDURE FOR SMALL CLAIMS CASES
Section 1. Title. - This Rule shall be known as " The Rule of
Procedure for Small Claims Cases."
Section 2. Scope. - This Rule shall govern the procedure in
actions before the Metropolitan trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit
Trial Courts for payment of money where the value of the
claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs.
Section 3. Definiton of Terms. - For purposes of this Rule:
(a) Plaintiff - refers to the party who initiated a small
claims action. The term includes a defendant who
has filed a counterclaim against plainfill;
(b) Defendant - is the party against whom the plaintiff
has filed a small claims action. The term includes a

plaintiff against whom a defendant has filed a claim,
or a person who replies to the claim;
(c) Person - is an individual, corporation, partnership,
limited liability partnership, association, or other
juridical entity endowed with personality by law;
(d) Individual - is a natural person;
(e) Motion - means a party's request, written or oral,
to the court for an orderaction. It shall include an
informal written request to the court, such as a letter;
(f) Good cause - means circumtances sufficient to
justify the requested order or other action, as
determined by the judge; and
(g) Affidavit - means a written statement or
declaration of facts that are shown or affirmed to be
true.
Section 4. Applicability - The Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall apply this Rule in all
actions which are; (a) purely civil in nature where the claim or
relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money, and (b) the civil aspect of
criminal action, or reserved upon the filing of the criminal
action in court, pursuant to Rule of 111 of the Revised Rules
of Criminal Procedure.
These claims or demands may be;
(a) For money owned under any of the following;
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following;
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable
settlement or an arbitration award involving a money
claim covered by this Rule pursuant to Sec. 417 of
Republic Act 7160, otherwise known as the Local
Government Code of 1991.
Section 5. Commencement of Small Claims Action. - A small
claims action is commenced by filing with the court an
accomplished and verified Statement of Claim (Form 1 -
SCC) in duplicate, accompanied by a Certification of Non-
forum Shopping (Form 1-A,SCC), and two (2) duly certified
photocopies of the actionable document/s subjects of the
claim, as well as the affidavits of witnesses and other
evidence to support the claim. No evidence shall be allowed
during the hearing which was not attached to or submitted
together with the Claim, unless good cause is shown for the
admission of additional evidence.
No formal pleading, other than the Statement of Claim
described in this Rule, is necessary to initiate a small claims
action.
Section 6. Joinder of Claims - Plaintiff may join in a single
statement of claim one or more separate small claims
against a defendant provided that the total amount claimed,
exclusive of interest and costs, does not exceed P100,00.00.
20
Section 7. Affidavits - The affidavits submitted under this
Rule shall state only facts of direct personal knowledge of
the affiants which are admissible in evidence.
A violation of this requirement shall subject the party, and the
counsel who assisted the party in the preparation of the
affidavits, if any, to appropriate disciplinary action. The
inadmissible affidavit(s) or portion(s) thereof shall be
expunged from the record.
Section 8. Payment of Filing Fees. - The plaintiff shall pay
the docket and other legal fees prescribed under Rule 141 of
the Revised Rules of Court, unless allowed to litigate as an
indigent.
A claim filed with a motion to sue as indigent (Form 6-
SCC) shall be referred to the Executive Judge for immediate
action in case of multi-sala courts, or to the Presiding Judge
of the court hearing the small claims case. If the motion is
granted by the Executive Judge, the case shall be raffled off
or assigned to the court designated to hear small claims
cases. If the motion is denied, the plaintiff shall be given five
(5) days within which to pay the docket fees, otherwise, the
case shall be dismissed without prejudice. In no case shall a
party, even if declared an indigent, be exempt from the
payment of the P1,000.00 fee for service of summons and
processes in civil cases.
Section 9. Dismissal of the Claim. - After the court
determines that the case falls under this Rule, it may, from
an examination of the allegations of the Statement of Claim
and such evidence attached thereto, by itself, dismiss the
case outright of any of the grounds apparent from the Claim
for the dismissal of a civil action.
Section 10. Summons and Notice of Hearing - If no ground
for dismissal is found, the court shall forthwith issue
Summons (Form 2-SCC) on the day of receipt of the
Statement of Claim, directing the defendant to submit a
verified Response.
The court shall also issue a Notice (Form 4-SCC) to both
parties, directing them to appear before it on a specific date
and time for hearing, with a warning that no unjustified
postponement shall be allowed, as provided in Section 19 of
this Rule.
The summons and notice to be served on the defendant
shall be accompanied by a copy of the Statement of Claim
and documents submitted by plaintiff, and a copy of the
Response (Form 3-SCC) to be accomplished by the
defendant. The Notice shall contain an express prohibition
against the filing of a motion to dismiss or any other motion
under Section 14 of this Rule.
Section 11. Response - The defendant shall file with the
court and serve on the plaintiff a duly accomplished and
verified Response within a non - extendible period of ten (10)
days from receipt of summons. The Response shall be
accompanied by certified photocopies of documents, as well
as affidavits of witnesses and other evidence in support
thereof. No evidence shall be allowed during the hearing
which was not attached to or submitted together with the
Response, unless good cause is shown for the admission of
additional evidence.
Section 12. Effect of Failure to File Response - Should the
defendant fail to file his response within the required period,
the court by itself shall render judgement as may be

warranted by the facts alleged in the Statement of claim
limited to what is prayed for. The court however, may, in its
discretion, reduce the amount of damages for being
excessive or unconscionable
Section 13. Counterclaims Within the Coverage of this
Rule - If at the time the action is commenced, the defendant
possesses a claim against the plaintiff that (a) is within the
coverage of this rule, exclusive of interest and costs; (b)
arises out of the same transaction or event that is the subject
matter of the plaintiff's claim; (c) does not require for its
adjudication the joinder of third parties; and (d) is not the
subject of another pending action, the claim shall be filed as
a counterclaim in the response; otherwise, the defendant
shall be barred from suit on the counterclaim.
The defendant may also elect to the file a counterclaim
against the plaintiff that does not arise out of the same
transaction or occurrence , provided that the amount and
nature thereof are within the coverage of this Rule and the
prescribed docket and the other legal fees are paid.
Section 14. Prohibited Pleadings and Motions - The
following pleadings, motions, and petitions shall not be
allowed in the cases covered by this Rule:
(a) Motion to dismiss the compliant except on the
ground of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgement, or for reopening of trial;
(d) Petiton for relief from judgement;
(e) Motion for extension of time to file pleadings,
affidavits, or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
Section 15. Availability of Forms; Assistance by Court
Personnel. - The Clerk of Court or other personnel shall
provide such assistance as may be requested by a plaintiff or
a defendant regarding the availability of forms and other
information about the coverage, requirements as well as
procedure for small claims cases.
Section 16. Appearance. - the parties shall appear at the
designated date of hearing personally or through a
representative authorized under a Special Power of
Attorney (Form 5-SCC ) to enter into an amicable settlement,
to submit of Judicial Dispute Resolution (JDR) and to enter
into stipulations or admissions of facts and of documentary
exhibits
Section 17. Appearance of Attorneys Not Allowed. - No
attorney shall appear in behalf of or represent a party at the
hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court
may, in its discretion, allow another individual who is not an
attorney to assist that party upon the latter's consent.
Section 18. Non-appearance of Parties. - Failure of the
plaintiff to appear shall be cause for the dismissal of the
21
claim without prejudice. The defendant who appears shall be
entitled to judgement on a permissive counterclaim.
Failure of the defendant to appear shall have the same effect
as failure to file a Response under Section 12 of this Rule.
This shall not apply where one of two or more defendants
who are sued under a common cause of action and have
pleaded a common defense appears at the hearing.
Failure of both parties to appear shall cause the dismissal
with prejudice of both the claim and counterclaim.
Section 19. Postponement When Allowed. - A request for
postponement of a hearing may be granted only upon proof
of the physical inability of the party to appear before the court
on the scheduled date and time. A party may avail of only
one (1) postponement.
Section 20. Duty of the Court. - At the beginning of the court
session, the judge shall read aloud a short statement
explaining the nature, purpose and the rule of procedure of
small claims cases.
Section 21. Judicial Dispute Resolution. - At the hearing, the
judge shall conduct Judicial Dispute Resolution (JDR)
through mediation, conciliation, early neutral evaluation, or
any other mode of JDR. Any settlement (Form 7-SCC) or
resolution (Form 8-SCC) of the dispute shall be reduced into
writing, signed by the parties and submitted to the court for
approval (Form 12-SCC).
Section 22. Failure of JDR. - If JDR fails and the parties
agree in writing (Form 10-SCC) that the hearing of the case
shall be presided over by the judge who conducted the JDR,
the hearing shall so proceed in an informal and expeditious
manner and terminated within one (1) day.
Absent such agreement, (a) in case of a multi-sala court , the
case shall, on the same day, be transmitted (Form 11-
SCC) to the Office of the Clerk of Court for immediate
referral by the Executive Judge to the pairing judge for
hearing and decision within five (5) working days from
referral; and (b) in case of single sala court, the pairing judge
shall hear and decide the case in the court of origin within
five (5) working days from referral by the JDR judge.
Section 23. Decision. - After the hearing, the court shall
render its decision on the same day, based on the facts
established by the evidence (Form 13-SCC). The decision
shall immediately be entered by the Clerk of Court in the
court docket for civil cases and a copy thereof forthwith
served on the parties.
The decision shall be final and unappealable.
Section 24. Execution. - If the decision is rendered in favor
of the plaintiff, execution shall issue upon motion(Form 9-
SCC).
Section 25. Applicability. of the Rules of Civil Procedure -
The Rules of Civil procedure shall apply suppletorily insofar
as they are not inconsistent with this rule.
Section 26. Effectivity. - This Rule shall take effect on
October 01, 2008 for the pilot courts designated to apply the
procedure for small claims cases following its publication in
two newspaper of general circulation.
Meaning and Characteristics of Quasi-Judicial or
Adjudicatory Power
Adjudicatory power involves specific parties; exercise of the
power is done in a judicial manner; exercised by a person or

body other than a judge; requires notice and hearing; set
different requirements before going to court; when a body is
exercising quasi-judicial function, it is co-equal with the RTC
BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES AND
RENDITION OF LEGAL OPINIONS
TITLE I
THE SAHRI'A COURTS
Article 137. Creation. There are hereby created as part of
the judicial system, courts of limited jurisdiction, to be known
respectively as Shari'a District Courts and Shari'a Circuit
Courts, which shall exercise powers and functions in
accordance with this Title.
Shari'a courts and the personnel thereof shall be subject to
the administrative supervision of the Supreme Court.
Chapter One
SHARI'A DISTRICT COURTS
Article 138. Shari'a judicial districts. Five special judicial
districts, each to have one Shari'a District Court presided
over by one judge, are constituted as follows:
(a) The First Shari'a District shall comprise the
Province of Sulu;
(b) The Second Shari'a District, the Province of Tawi-
Tawi;
(c) The Third Shari'a District, the Province of Basilan,
Zamboanga del Norte and Zamboanga del Sur, and
the Cities of Dipolog, Pagadian and Zamboanga;
(d) The Fourth Shari'a District, the provinces of
Lanao del Norte and Lanao del Sur, and the Cities of
Iligan and Marawi; and
(e) The Fifth Shari'a District, the Provinces of
Maguindanao, North Cotabato and Sultan Kudarat,
and the City of Cotabato;
Article 139. Appointment of judges. The judicial function in
the Shari'a District Courts shall be vested in Shari'a District
judges to be appointed by the President of the Philippines.
Article 140. Qualifications. No person shall be appointed
Shari'a District judge unless, in addition to the qualifications
for judges of Courts of First Instance fixed in the Judiciary
Law, he is learned in Islamic law and jurisprudence.
Article 141. Tenure. Shari'a District judges shall be
appointed to serve during good behavior until they reach the
age of sixty-five years, or become incapacitated to discharge
the duties of their office, unless sooner removed for the
same causes and in the same manner provided by law for
judges of Courts of First Instance.
Article 142. Compensation. Shari'a District judges shall
receive the same compensation and enjoy the same
privileges as the judges of Courts of First Instance.
Article 143. Original jurisdiction.
(1) The Shari'a District Court shall have exclusive
original jurisdiction over:
(a) All cases involving custody, guardianship,
legitimacy, paternity and filiation arising
under this Code;
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(c) Petitions for the declaration of absence
and death and for the cancellation or
correction of entries in the Muslim Registries
22
mentioned in Title VI of Book Two of this
Code;
(d) All actions arising from customary
contracts in which the parties are Muslims, if
they have not specified which law shall
govern their relations; and
(e) All petitions for mandamus, prohibition,
injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes in aid of
its appellate jurisdiction.
(2) Concurrently with existing civil courts, the Shari'a
District Court shall have original jurisdiction over:
(a) Petitions by Muslims for the constitution of
a family home, change of name and
commitment of an insane person to an
asylum;
(b) All other personal and real actions not
mentioned in paragraph 1 (d) wherein the
parties involved are Muslims except those for
forcible entry and unlawful detainer, which
shall fall under the exclusive original
jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or
declaratory relief wherein the parties are
Muslims or the property involved belongs
exclusively to Muslims.
Article 144. Appellate jurisdiction.
(1) Shari'a District Courts shall have appellate
jurisdiction over all cases tried in the Shari'a Circuit
Courts within their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case
appealed to it on the basis of the evidence and
records transmitted as well as such memoranda,
briefs or oral arguments as the parties may submit.
Article 145. Finality of decision. The decisions of the Shari'a
District Courts whether on appeal from the Shari'a Circuit
Court or not shall be final. Nothing herein contained shall
affect the original and appellate jurisdiction of the Supreme
Court as provided in the Constitution.
Article 146. Clerks and other subordinate
employees. Shari'a District Courts shall have the same
officers and other personnel as those provided by law for
Courts of First Instance.
The pertinent provisions of the Judiciary Law regarding the
number, qualifications, appointment, compensation,
functions, duties and other matters relative to the personnel
of the Courts of First Instance shall apply to those of the
Shari'a District Courts.
Article 147. Permanent stations; offices.
(1) The Shari'a District Courts shall have their
respective permanent stations in the following
places:
(a) First Shari'a District, Jolo, Sulu;
(b) Second Shari'a District, Bongao, Tawi-
Tawi;
(c) Third Shari'a District, Zamboanga City;
(d) Fourth Shari'a District, Marawi City;
(e) Fifth Shari'a District, Cotabato City;
(2) The Shari'a District Courts may hold sessions
anywhere within their respective districts.

(3) The provinces, cities or municipalities concerned
shall provide such courts with adequate court office,
supplies and equipment in accordance with the
provisions of the Judiciary Law.
Article 148. Special procedure. The Shari'a District Courts
shall be governed by such special rules of procedure as the
Supreme Court may promulgate.
Article 149. Applicability of other laws. The provisions of all
laws relative to the Courts of First Instance shall, insofar as
they are not inconsistent with this Code, be applicable to
Shari'a District Courts.
Chapter Two
SHARI'A CIRCUIT COURTS
Article 150. Where established.
(1) Shari'a Circuit Courts shall be established as
follows:
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan,
Zamboanga del Norte and Zamboanga del
Sur, and the Cities of Dipolog, Pagadian, and
Zamboanga;
(d) Twelve in and for the Provinces of Lanao
del Norte and Lanao del Sur and the Cities of
Iligan and Marawi;
(e) Fifteen in and for the Province of
Maguindanao, North Cotabato and Sultan
Kudarat and the City of Cotabato.
(2) The territorial jurisdiction of each of the 'Shari'a
Circuit Courts shall be fixed by the Supreme Court on
the basis of geographical contiguity of the
municipalities and cities concerned and their Muslim
population.
Article 151. Appointment of judges. Each Shari'a Circuit
Court shall be presided over by a Shari'a Circuit Judge to be
appointed by the President of the Philippines.
Article 152. Qualifications. No person shall be appointed
judge of the Shari'a Circuit Court unless he is a natural-born
citizen of the Philippines, at least twenty-five years of age,
and has passed an examination in the Shari'a and Islamic
jurisprudence (fiqh) to be given by the Supreme Court for
admission to special membership in the Philippine Bar to
practice in the Shari'a Courts.
Article 153. Tenure. Shari'a Circuit judges shall be
appointed to serve during good behavior until they reach the
age of sixty-five years or become incapacitated to discharge
the duties of their office, unless sooner removed for the
same causes and in the same manner provided by law for
judges of Municipal Circuit Courts.
Article 154. Compensation. Shari'a Circuit judges shall
receive the same compensation and enjoy the same
privileges as judges of Municipal Circuit Courts.
Article 155. Jurisdiction. The Shari'a Circuit Courts shall
have exclusive original jurisdiction over;
(1) All cases involving offenses defined and punished
under this Code.
(2) All civil actions and proceedings between parties
who are Muslims or have been married in
accordance with Article 13 involving disputes relating
to:
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(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property
upon divorce;
(f) Maintenance and support, and consolatory
gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal
properties.
Article 156. Clerks and other subordinate employees.
(1) Shari'a Circuit Courts shall have the same officers
and other personnel as those provided by law for
Municipal Circuit Courts.
(2) The pertinent provisions of the Judiciary Law
regarding the number, qualifications, appointment,
compensation, functions, duties and other matters
relative to the personnel of the Municipal Circuit
Courts shall apply to those of the Shari'a Circuit
Courts.
Article 157. Place of sessions; stations. Shari'a Circuit Court
may hold session anywhere within their respective circuits,
but each shall have a principal station to be fixed by the
Supreme Court.
Article 158. Special procedure. The Shari'a Circuit Courts
shall be governed by such special rules of procedure as the
Supreme Court may promulgate.
Article 159. Applicability of other laws. The provisions of all
laws relative to Municipal Circuit Courts shall, to the extent
that they are not inconsistent with this Code, be applicable to
the Shari'a Circuit Courts.
PRESIDENTIAL DECREE No. 1165
FURTHER AMENDING THE APPELLATE REVIEW
PROCEDURE IN MILITARY TRIBUNAL AND GENERAL
COURT-MARTIAL CASES AS PROVIDED IN
PRESIDENTIAL DECREE NO. 978
WHEREAS, the appellate review of cases heard and tried by
military tribunals, created pursuant to General Order No. 8,
dated September 27, 1972, and Presidential Decree No. 39,
and general courts-martial, as provided in Presidential
Decree No. 978, as amended by Presidential Decree No.
1042, may still be expedited and made more adequate;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order and decree as part of the
law of the land the following amendments to Presidential
Decree No. 978:
Section 1. Paragraphs (a), (c) and (d) of Section 1 of
Presidential Decree No. 978 are hereby amended to read as
follows:
Section 1. Initial Action on Record. (a) Review by Staff Judge
Advocate/Legal Officer or AFP Board of Review Every record
of trial of military commissions or provost courts shall be
forwarded to the staff judge advocate/legal officer of the
convening authority for review before the latter acts thereon
except in those cases where the penalty imposed is
(i) death
(ii) confinement of more than six (6) years; or

(iii) fine of more than P6,000.00 which shall be directly
reviewed by the Court of Military Appeals. The staff judge
advocate/legal officer shall submit his opinion in writing to the
convening authority regarding the legal sufficiency of the
record of trial in which there has been a finding of guilty, the
appropriateness of the sentence, and any errors of law which
may have been committed injuriously affecting the
substantial rights of the accused. If the trial resulted in a
finding of not guilty or acquittal of all the charge or charges
and specification or specifications, the review shall be limited
to questions of jurisdiction.
For purposes of this initial review, the Judge Advocate
General, AFP, shall, as may be directed by the Chief of Staff,
AFP, create in his office as many AFP Boards of Review as
he may deem proper to conduct the review of a record of trial
for the Chief of Staff, AFP, in lieu of the review of his staff
judge advocate. The Judge Advocate General, AFP, shall
prescribe uniform rules of procedure for the AFP Boards of
Review.
(c) Rehearing Where the convening authority disapproves
the findings of guilty of the military commission or provost
court, he may order a rehearing, except where the
disapproval is based on lack of legally sufficient evidence to
support the findings and sentence. If he does not order a
rehearing, he may order the dismissal of the case. Where the
military commission or provost court had no jurisdiction over
the offense or person of the accused, the convening
authority shall take the appropriate action.
(d) Execution of Sentence All sentences of military
commissions and provost courts shall be executory fifteen
(15) days after approval thereof by the convening authority,
unless a petition for review is filed pursuant to the provisions
of Sec. 2, paragraph (a), of this decree.
Sec. 2. Sec. 2 of said Presidential Decree No. 978 is hereby
amended to read as follows:
"Sec. 2. Review by Court of Military Appeals.
(a) Where Discretionary The action or decision of the
convening authority in military commission and provost court
cases may be reviewed by the Court of Military Appeals
upon a petition for review filed by the accused with said court
within fifteen (15) days from receipt of a copy of said action
or decision. Only questions of law which must be distinctly
set forth may be raised. The decision of the Court of Military
Appeals shall be final.
(b) Where Required. The Judge Advocate General, AFP,
shall refer directly to the Court of Military Appeals every
records of trial of a military commission or provost court in
which the penalty imposed is
(i) death
(ii) confinement of more than six (6) years; or
(iii) ine of more than P6,000.00
(a) The Court of military Appeals shall determine the
appropriateness of the sentence imposed by the military
commission or provost court. In considering the records, it
may weigh the evidence, judge the credibility of witnesses,
and determine controverted questions of fact and any errors
of law which may have been committed injuriously affecting
the substantial rights of the accused.
(b) The Court of Military Appeals may disapprove the
findings of guilty by the military commission or provost court,
24
and order rehearing, except where the disapproval is based
on lack of legally sufficient evidence to support the findings.
If it does not order a rehearing, it may dismiss the case.
(c) Except in death sentences, all sentences of military
commissions and provost courts based solely upon findings
of guilty of a charge or charges and a specification or
specifications to which the accused pleaded guilty shall not
be subject to further review by the Court of Military Appeals
and/or the Supreme Court as herein provided.
(d) Action in Accordance with Decision of Court After the
Court of Military Appeals has acted on a case, the Judge
Advocate General, AFP, shall advise the convening authority
to take action in accordance with the decision of the Court,
unless there is further action by the Supreme Court as herein
provided.
Sec. 3. Sec. 3 of said Presidential Decree No. 978 is hereby
repealed.
Sec. 4. Sec. 4 of said Presidential Decree No. 978 is hereby
re-numbered as Sec. 3 and amended to read as follows:
Sec. 3. Review of Records of Trial by General Court-Martial.
The Court of Military Appeals herein created shall review
every record of trial by general courts-martial where the
sentence, as approved by the convening authority and an
AFP Board of Review, requires confirmation by the President
of the Philippines as provided in Article of War 47. With
respect to such cases, they shall become final and
immediately executory when the findings of guilty and the
sentence are approved, or disapproved, without rehearing
being ordered, by the Court of Military Appeals; Provided,
That where the sentence of a general court-martial imposes
the penalty of death or affects a general or flag officer, the
sentence shall not be executed unless approved or
confirmed by the President of the Philippines; Provided,
further, that in such cases, the President may reverse,
confirm, increase the penalty imposed, or otherwise modify,
the decision of the court-martial.
Sec. 5. The following provision shall be incorporated as Sec.
4 of Presidential Decree No. 978:
Sec. 4. Review by the Supreme Court. The accused may file
with the Supreme Court a petition for review on certiorari of a
decision of the Court of Military Appeals referred to in Sec. 2,
paragraph (b) hereof, Such review shall be limited to
question of law which shall be distinctly set forth in the
petition and shall be governed by Rule 45 of the Revised
Rules of Court prescribing the procedure for appeal from the
Court of Appeals to the Supreme Court; Provided, that where
the original offense charged not punishable with death or life
imprisonment, the review may be on questions of law and
fact; Provided, further that where the sentence imposed is
death, the records of the case shall be forwarded to the
Supreme Court for review and judgment, whether the
accused shall have appealed or not, and affirmance must be
on ten (10) affirmative votes.
Sec. 6. Transitory Provision. Presidential Decree No. 978 as
further amended by this Decree shall apply to all records of
trial of military tribunals and general courts-martial which are
pending appellate review on the date of organization of the
Court of Military Appeals.
Sec. 8. Effectivity. This Decree shall take effect upon its
promulgation.
 25

Done in the City of Manila, this 24th day of June, in the year
of Our Lord, nineteen hundred and seventy-seven.