Sunteți pe pagina 1din 10

Summary of Jurisdiction of

Philippine Courts

and quasi-judicial agencies, bodies, or


commissions,

Remedial law reviewer


JURISDICTION OF THE COURTS
JURISDICTION

OF THE

SUPREME COURT

1. ORIGINAL jurisdiction over cases


involving
ambassadors,
other
public ministers and consuls;
petitions for certiorari, prohibition,
mandamus, quo warranto and
habeas corpus (concurrent with
RTC).

EXCEPTthose which fall within the


appellate jurisdiction of the SC,
namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.
JURISDICTION
COURTS

A. CIVIL CASES
Cases where the subject of
the litigation is incapable of pecuniary
estimation;
Involving the title to, or
possession of, real property, or any
interest therein, where the assessed
value of the property involved exceeds
P20,000/ P50,000, EXCEPT actions for
forcible entry and unlawful detainer;

Cases involving the legality of any tax,


impost, assessment, or toll, or any
penalty imposed thereto;
Cases involving the
jurisdiction of lower courts;

All actions in admiralty and


maritime jurisdiction where the
demand or claim exceeds
P200,000/P400,000;

All criminal cases in which


the penalty imposed is reclusion
perpetua or higher;

Probate proceedings, both


testate and intestate, where the gross
value of the estate
P200,000/P400,000;

All cases in which only an


error or question of law is involved.

1.

OF THE

COURT

OF

REGIONAL TRIAL

I. EXCLUSIVE ORIGINAL

2. Review, revise, reverse, modify, or


affirm on appeal or certiorari, final
judgments of lower courts in:
Cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, decree,
proclamation, order, instruction,
ordinance or regulation is in question;

JURISDICTION

OF THE

In all actions involving the


contract of marriage and marital
relations;

APPEALS

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
(concurrent with SC and RTCs)

In all cases not within the


exclusive jurisdiction of any court,
tribunal, person or body exercising
jurisdiction;
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

2. EXCLUSIVE original jurisdiction


over actions for annulment of
judgments of RTCs.
3. EXCLUSIVE appellate jurisdiction
over all final judgments, decisions,
resolutions, orders or awards of RTCs

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
P200,000/P400,000;
B. CRIMINAL CASES

imprisonment exceeding 6 years


committed by public officers classified
as salary grade 27 or higher

All criminal cases not within the


exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within
the jurisdiction of the Sandiganbayan.

All cases decided by the lower


courts (MTCs) in their respective
territorial jurisdictions.

*
Over election contests for
municipal offices.
Pre-week reviewer in remedial law,
III. APPELLATE

NOTE: no trial de novo; case is


decided on the basis of decision and
supporting affidavits.

N.B. RTC has jurisdiction over


criminal cases where the penalty
imposable:

JURISDICTION
(R.A. 8369)

Exceeds 4
years 2 mos 1 day imprisonment,
irrespective of fine

OF

THE

FAMILY COURTS

Family Courts shall have exclusive


original jurisdiction to hear and
decide the following cases:
Criminal cases where:

Exceeds fine of P4000, if only a fine


is imposable
Manzano vs. Valera
Libel
is
punishable
by
prisioncorrecional in its minimum and
medium periods. R.A. 7691 places
jurisdiction over criminal cases where
the penalty is 6 years or less with the
MTCs. However, Art. 360 of the RPC
gives jurisdiction over libel cases to
the RTC. Special law (RPC) must
prevail over general laws (RA 7691).
Also, from the provisions of R.A. 7691,
there is no manifest intent to repeal or
alter the jurisdiction in libel cases.

One or more of the accused is below


eighteen (18) years of age but not less
than nine (9) years of age, OR
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 the "Child and
Youth Welfare Code";

II. ORIGINAL
*
Issuance
of
writs
of
certiorari, prohibition, mandamus, quo
warranto,
habeas
corpus
and
injunction which may be enforced in
any part of their respective regions
(concurrent with SC and CA).

Petitions for guardianship, custody of


children, habeas corpus in relation to
the latter;
Petitions for adoption of children and
the revocation thereof;

*
In
actions
affecting
ambassadors
and
other
public
ministers and consuls(concurrent with
SC).

Complaints [for]:
Annulment of marriage
Declaration of nullity of marriage
Those relating to marital status and
property relations of:
Husband and wife OR

*
Over offenses committed
NOT in relation with public office with

Those living together under different


status and agreements, AND
Petitions for dissolution of conjugal
partnership of gains;
Petitions
for
acknowledgment;

support

If an act constitutes a criminal offense,


the accused shall be subject to
criminal proceedings and the
corresponding penalties.

and/or

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.

Summary judicial proceedings brought


under the provisions of the "Family
Code of the Philippines";
Petitions for:
Declaration of status of children as
Abandoned
Dependent OR
Neglected children
Voluntary or involuntary
commitment of children;
The
suspension,
termination,
or
restoration of parental authority and
other cases cognizable under "Child
and Youth Welfare Code", Executive
Order No. 56, (Series of 1986), and
other related laws;

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.
JURISDICTION OF THE MUNICIPAL TRIAL
COURTS, METROPOLITAN TRIAL COURTS
AND THE MUNICIPAL CIRCUIT TRIAL
COURTS
A. EXCLUSIVE ORIGINAL
1. CIVIL CASES

Petitions for the constitution of the


family home;

Civil actions and probate proceedings,


testate and intestate, including the
grant of provisional remedies where
the demand, exclusive of interest,
damages, attorneys fees and costs,
does not exceed P100,000/200,000.

Cases against minors cognizable under


the Dangerous Drugs Act, as amended;
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
Cases of domestic violence against:
Women
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 of movement; AND

Exclusive original jurisdiction over


cases of forcible entry and unlawful
detainer; issue of ownership resolved
only to determine issue of possession.
After lapse of 1 year, MTC loses
jurisdiction, and case becomes one for
recovery of possession de jure
(accionpublicicana), although MTC may
still have jurisdiction if value of
property
does
not
exceed
P20,000/50,000.
Actions involving personal
property valued at not more than
P100,000/200,000.

Children
Includes the commission of all forms of
abuse, neglect, cruelty, exploitation,
violence, and discrimination and all
other conditions prejudicial to their
development.

Actions involving title or possession of


real property where the assessed value
does not exceed P20,000/50,000.

2. CRIMINAL CASES

*Violation of traffic laws, rules,


regulations

*
Violations of city or municipal
ordinances.

*Violation of rental laws

*
All offenses punishable with not
more than 4 years 2 mos 1 day
imprisonment, irrespective of fine.

*Violations
ordinances

city

or

municipality

*All other criminal cases where the


penalty does not exceed 6 months or a
fine of P1000 or both, irrespective of
other imposable penalties or of the
amount of civil liability

*
All offenses punishable by only a
fine of not more than P4,000.
*
Offenses involving damage to
property through criminal negligence.

*Damage to property through criminal


negligence where the fine does not
exceed P10,000.

3. ELECTION CASES
Offense of failure to register or failure
to vote.

Prohibited pleadings and


motions

Election contests for barangay offices.

*
Motion to dismiss or
quash EXCEPT for lack of jurisdiction
over subject matter or

B. DELEGATED JURISDICTION in
cadastral and land registration cases
covering:

*
failure to comply with
KatarungangPambarangay
(LGC)
requirements

1. Lots where there is no controversy


or opposition; OR
2. Contested lots the value of which
does not exceed P100,000.
decisions of the MTC in these
cases are appealable to the CA

*
particulars

Motion

for

bill

of

*
Motions for new trial,
reconsideration, re-opening

Summary Procedure

*
judgment

Cases Applicable
A. CIVIL CASES

Petition for relief from

*
Motion for extension of
time to file pleadings, affidavits

All cases of forcible entry and


unlawful detainer irrespective of
amount of damages or unpaid rentals;
without question of ownership;
attorneys fees not exceeding P20,000
if quieting of ownership; resolved to
determine question of possession.

Memoranda

*
Petition for certiorari,
mandamus, and prohibition against
any interlocutory order issued by the
court

Other civil cases EXCEPT probate


proceedings, where the total amount
of the claim does not exceed P10,000,
exclusive of interest and cost.
B. CRIMINAL

of

*
Motion
defendant in default

to

*
Dilatory
postponement

motion

CASES

Reply

declare
for

Third-party complaints

Motion for intervention

JURISDICTION
LAND
USE
(HLURB)

THE HOUSING AND


REGULATORY
BOARD

OF

HOWEVER, the court in which noncriminal cases not falling within the
authority of the Lupon may, at any
time before trial, refer the case to the
lupon for amicable settlement.
3.
EXCEPTIONS
TO
CONCILIATION
REQUIREMENT (SC Circular 14-93)

EXCLUSIVE jurisdiction over


*
Unsound
business practices

real

Where one party is the


government, or any subdivision or
instrumentality thereof;

estate

*
Claims involving refund
and any other claims filed by
subdivision lot or condominium unit
buyer against the project owner,
developer, dealer, broker, or salesman

Where one party is a public


officer or employee, and the dispute
relates to the performance of his
official functions;
Where the dispute involves
real properties located in different
cities and municipalities, unless the
parties thereto agree to submit their
difference to amicable settlement by
an appropriate Lupon;

*
Cases involving specific
performance
of
contractual
and
statutory obligations filed by buyers of
subdivision lots or condominium units
against the owner, developer, dealer,
broker, or salesman

Any complaint by or against


corporations, partnerships or juridical
entities, since only individuals shall be
parties
to
Barangay
conciliation
proceedings either as complainants or
respondents
(Sec.
1,
Rule
VI,
KatarungangPambarangay Rules);

JURISDICTION
OF
THE
KATARUNGANGPAMBARANGAY
(UNDER
THE LOCAL GOVERNMENT CODE OF
1991)
1. No complaint, petition, action or
proceeding involving any matter within
the authority of the lupon shall be filed
or instituted directly in court or any
other government office for
adjudication, unless:

Disputes involving parties


who actually reside in barangays of
different
cities
or
municipalities,
EXCEPT:

There has been a confrontation


between the parties before the lupon
chairman or pangkat, AND

*
Where such barangay units adjoin
each other, AND
*
The parties thereto agree to
submit their differences to amicable
settlement by an appropriate Lupon;

That no conciliation or settlement has


been reached as certified by the
lupon/pangkat secretary as attested to
by lupon chairman or
pangkat
chairman, or unless such settlement
has been repudiated by the parties
thereto
2.

Offenses for which the law


prescribes a maximum penalty of
imprisonment exceeding one (1) year
or a fine over five thousand pesos
(P5,000.00);
Offenses where there is no
private offended party;

Disputes subject to Conciliation


Requirement: All disputes between
parties actually residing in the same
city or municipality

Disputes where urgent legal


action is necessary to prevent injustice
from being committed or further
continued, specifically the following:

Parties reside in same barangay


Parties reside in different barangays
Disputes involving real property or
interest therein
Disputes arising at the workplace where
the contending parties are employed, or
at the institution where such parties are
enrolled for study

*
Criminal cases where accused is
under police custody or detention;
*
Petitions for habeas corpus by a
person illegally deprived of his rightful
custody over another or a person
illegally deprived of his liberty or one
acting in his behalf;
*
Actions coupled with provisional
remedies
such
as
preliminary
injunction, attachment, delivery of
personal property and support during
the pendency of the action; AND
*
Actions which may be barred by
the Statute of Limitations.

Objections to venue shall be raised in


the mediation proceedings before the
punong barangay; otherwise, they are
deemed waived. Legal questions that
might
arise
in
resolving
such
objections
before
the
punong
barangay are to be submitted to the
Secretary of the DOJ, whose ruling
shall be binding.
5. EFFECT

Any class of disputes which


the President may determine in the
interest of justice or upon the
recommendation of the Secretary of
Justice;

Dismissal upon motion of


defendants for failure to state cause of
action or prematurity; OR
Suspension of proceedings
upon petition and referral of case
motuproprio to appropriate barangay
authority.

Where the dispute arises


from the Comprehensive Agrarian
Reform Law (CARL) (Sections. 46 & 47,
R.A. 6657);

6.
PROCEDURE
SETTLEMENT:

Labor
disputes
or
controversies arising from employeremployee relations (Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226,
Labor Code, as amended, which grants
original and exclusive jurisdiction over
conciliation and mediation of disputes,
grievances or problems to certain
offices of the Department of Labor and
Employment);

VENUE

FOR

AMICABLE

*
Complainant
pays
appropriate filing fees, and shall
complain, orally or in writing, to the
lupon chairman of the barangay;
*
Lupon chairman shall make
attempts at mediation; if he fails within
15 days from date of first meeting, he
shall set a date for the constitution of a
pangkatngtagapagsundo (3 members;
chosen by the parties from the list of
the members of the lupon)

Actions to annul judgment


upon a compromise, which may be
filed directly in court.
*

OF NON-COMPLIANCE:

OF PROCEEDINGS:

*
Pangkat shall have power to
issue summons, and shall hear both
parties and their witnesses, and
attempt to arrive at an amicable
settlement. Within 15 days from the

Situation

That baranga
Barangay wh
respondents,
option of the
Barangay whe

Barangay w
institution is l

day it convenes, it shall arrive at said


settlement or resolution of the dispute.

8. EXECUTION
SETTLEMENT:

During the 15-day period when the


dispute is under mediation, the
prescriptive periods for offenses, and
for causes of action shall be
interrupted upon filing of the complaint
with the punong barangay.
Said
interruption shall not exceed 60 days
from said filing.

a. Within 6 months from date of


settlement: by the lupon.
b.
Thereafter, by action in the
appropriate city of municipal court
9.

In all proceedings, parties must appear


in person without the assistance of
counsel or representatives, EXCEPT for
minors and incompetents who may be
assisted by their next-of-kin who are
not lawyers.
7.

Amicable settlement shall have the


force and effect of a final judgment
upon the expiration of 10 days from
date of amicable settlement, unless:

Issued by pangkat secretary


and attested by pangkat chairman,
that:
There was a confrontation but no
settlement; OR

Repudiation must be done within


10 days, by filing a sworn statement
with the lupon chairman;

There was no personal


confrontation without any fault on the
part of the complainant.

The grounds for repudiation are


vitiation of consent by fraud, violence
or intimidation;

Issued by the Punong


Barangay, as requested by the proper
party, on the ground of failure of
settlement, where the dispute involves
members of the same indigenous
cultural community, which shall be
settled in accordance with the customs
and traditions of that particular
cultural community, or where one or
more of the parties to the aforesaid
dispute belong to the minority and the
parties mutually agreed to submit their
dispute to the indigenous system of
amicable settlement, and there has
been no settlement as certified by the
datu or tribal leader or elder, to the
Punong Barangay of the place of
settlement.

Such repudiation is a sufficient basis


for the issuance of a certification for
filing a complaint with the court.
A petition to nullify the settlement is
filed in the proper city or municipal
court

The settlement agreed upon does not


have the force and effect of a final
judgment when the dispute is not
within jurisdiction of the lupon but
submitted to it. In this case, the
compromise agreed upon by the
parties before the lupon/pangkat chair
shall be submitted to the court and
upon approval thereof, shall have the
force and effect of a judgment of said
court.

CERTIFICATION OF BARANGAY AUTHORITIES


(for filing a complaint in court) shall be
issued only upon complying with the
following requirements:
Issued by lupon secretary
and attested by lupon chairman/
punong barangay, that confrontation
took place and conciliation settlement
was
reached,
but
subsequently
repudiated.

a. It is repudiated, or

b.

OF AMICABLE

If mediation or conciliation proved


unsuccessful before punong barangay
there having been no agreement
reached to conciliate, OR respondent

failed to appear before punong


barangay, Punong Barangay shall not
issue the certification (because now
mandatory for him to constitute the
Pangkat before whom mediation,
conciliation, or arbitration proceedings
shall be held.)

JURISDICTION

OF THE

SANDIGANBAYAN

Officials of the diplomatic service


occupying the position of consul and
higher;

Philippine army and air force


colonels, naval captains, and all
officers of higher rank;

Officers of the Philippine National


Police while occupying the position of
provincial director and those holding
the rank of senior superintendent or
higher;
City and provincial prosecutors and
their assistants, and officials and
prosecutors in the Office of the
Ombudsman and special prosecutor;

A. ORIGINAL
Violations of:
Anti-Graft and Corrupt Practices Act;

R.A. 1379 (An Act Declaring


Forfeiture in Favor of the State of Any
Property Found to Have Been
Unlawfully Acquired By Any Public
Officer or Employee and Providing for
the Proceedings Therefor); or

*
Members of Congress and
officials thereof classified as Grade 27
or higher
*
Members of the Judiciary,
without prejudice to the provisions of
the Constitution (on impeachment)

Title VII, Chapter II, 2 of the


RPC (i.e., Articles 210-212 of RPC)
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:

*
Chairmen and members of
the
Constitutional
Commissions,
without prejudice to the provisions of
the Constitution
*
All other national and local
officials classified as Grade 27 or
higher; or
Other offenses or felonies,
committed by public officials and
employees mentioned in #1, in
relation to their office, whether simple
or complexed with other crimes
Civil and criminal cases filed
pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A
series of 1986.

*
Officials of executive branch
occupying positions classified as Grade
27 or higher, specifically including:
*

Provincial governors, vice-governors,


members
of
the
sangguniangpanlalawigan
and
provincial
treasurers,
assessors,
engineers
and
other
provincial
department heads;

City mayors, vice-mayors, members


of the sangguniangpanlungsod, city
treasurers, assessors, engineers and
other city department heads;

Presidents, directors or trustees, or


managers of government-owned or
controlled
corporations,
state
universities or educational institutions
or foundations;

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: provided, that
the jurisdiction over these petitions
shall not be exclusive of the Supreme
Court and over petitions of similar
nature, including quo warranto, arising
or that may arise in cases failed or
which may be filed under Executive
Order Nos. 1, 2, 14 and 14-A
(concurrent with SC)

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 arising
from the offense charged shall at all
times be simultaneously instituted
with, and jointly determined in, the
same
proceeding
by
the
Sandiganbayan or the appropriate
court, and no right to reserve the filing
of such civil action separately from the
criminal action shall be recognized.

If the last element, namely, in relation


to his office is absent or is not alleged
in the information, the crime
committed falls within the exclusive
original jurisdiction of ordinary courts
and not the SB.
The offense is committed in relation to
the office if the offense is intimately
connected with the office of the
offender and perpetuated while he was
in the performance of his official
functions, or when the crime cannot
exist without the office, or the office is
a constituent element of the crime as
defined in the statute.

*
Decisions
Sandiganbayan:

of

the

a. Appealable to the SC by petition


for review on certiorari raising pure
questions of law in accordance with
Rule 45 of the Rules of Court;
b.

B. EXCLUSIVE APPELLATE
If none of the principal accused are
occupying positions of grade 27 or
higher, original jurisdiction will be with
either the MTC or RTC; SB will exercise
exclusive appellate jurisdiction on said
cases.

If SB imposes penalty of reclusion


perpetua or higher, the decision shall
be appealable to the SC by Notice of
Appeal;
c. If penalty imposed is death, review
by the Supreme Court shall be
automatic, whether or not the accused
filed an appeal.
JURISDICTION
APPEALS

The procedure prescribed in BP 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.

OF

THE COURT

OF

TAX

EXCLUSIVE APPELLATE
JURISDICTION over:
*
Decisions of the Collector of
Internal Revenue in cases involving
disputed assessments, refunds of
taxes, fees or other charges, penalties
imposed in relation thereto, or other
matters arising under the NIRC;

C. NOTES:
*
Private individuals charged
as
co-principals,
accomplices
or
accessories with the public officers or
employees, including those employed
in GOCCs, shall be tried jointly with
said public officers and employees in

*
Decisions of the Commissioner of
Customs in cases involving liability for
customs duties, fees or other money
charges; seizure, detention or release
of property affected; fines, forfeitures,
or other matters arising penalties
imposed in relation thereto; and other

matters arising under the Customs


Law; and

and to enjoin or otherwise interfere


with these proceedings. The Collector
of Customs sitting in seizure and
forfeiture proceedings has exclusive
jurisdiction to hear and determine all
questions touching on the seizure and
forfeiture of dutiable goods. The
Regional Trial Courts are precluded
from assuming cognizance over such
matters even through petitions of
certiorari, prohibition or mandamus.
The proper remedy is to appeal to the
Commissioner
of
Customs
and
thereafter to the Court of Tax Appeals.

*
Decisions of provincial or city
Boards of Assessment Appeals in cases
involving the assessment and taxation
of real property or other matters
arising under the Assessment Law.
Jao v. CA (reiterated in Bureau
of Customs v. Ogario, March 2000)
RTCs are devoid of any competence to
pass upon the validity or regularity of
seizure and forfeiture proceedings
conducted by the Bureau of Customs

10

S-ar putea să vă placă și