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1987 Constitution - Article VIII d.

All criminal cases in which the penalty imposed is reclusion


Approved: 02 February 1987 perpetua or higher.
JUDICIAL DEPARTMENT
Section 4. e. All cases in which only an error or question of law is involved.

1. All cases involving the constitutionality of a treaty, international or 3. Assign temporarily judges of lower courts to other stations as public interest
executive agreement, or law, which shall be heard by the Supreme Court en may require. Such temporary assignment shall not exceed six months
banc, and all other cases which under the Rules of Court are required to be without the consent of the judge concerned.
heard en banc, including those involving the constitutionality, application,
or operation of presidential decrees, proclamations, orders, instructions, 4. Order a change of venue or place of trial to avoid a miscarriage of justice.
ordinances, and other regulations, shall be decided with the concurrence of
a majority of the Members who actually took part in the deliberations on the 5. Promulgate rules concerning the protection and enforcement of
issues in the case and voted thereon. constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
2. Cases or matters heard by a division shall be decided or resolved with the the under-privileged. Such rules shall provide a simplified and inexpensive
concurrence of a majority of the Members who actually took part in the procedure for the speedy disposition of cases, shall be uniform for all courts
deliberations on the issues in the case and voted thereon, and in no case of the same grade, and shall not diminish, increase, or modify substantive
without the concurrence of at least three of such Members. When the rights. Rules of procedure of special courts and quasi-judicial bodies shall
required number is not obtained, the case shall be decided en banc: remain effective unless disapproved by the Supreme Court.
Provided, that no doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified or reversed 6. Appoint all officials and employees of the Judiciary in accordance with the
except by the court sitting en banc. Civil Service Law.

Section 5. The Supreme Court shall have the following powers: Section 7.

1. Exercise original jurisdiction over cases affecting ambassadors, other public 1. No person shall be appointed Member of the Supreme Court or any lower
ministers and consuls, and over petitions for certiorari, prohibition, collegiate court unless he is a natural-born citizen of the Philippines. A
mandamus, quo warranto, and habeas corpus. Member of the Supreme Court must be at least forty years of age, and must
have been for fifteen years or more, a judge of a lower court or engaged in
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law the practice of law in the Philippines.
or the Rules of Court may provide, final judgments and orders of lower
courts in: 2. The Congress shall prescribe the qualifications of judges of lower courts,
but no person may be appointed judge thereof unless he is a citizen of the
a. All cases in which the constitutionality or validity of any treaty, Philippines and a member of the Philippine Bar. (3) A Member of the
international or executive agreement, law, presidential decree, Judiciary must be a person of proven competence, integrity, probity, and
proclamation, order, instruction, ordinance, or regulation is in independence.
question.
Section 8.
b. All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto. 1. A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the
c. All cases in which the jurisdiction of any lower court is in issue. Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a representative of the private
sector. Section 4. The present anti-graft court known as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or hereafter may be provided by law.
2. The regular members of the Council shall be appointed by the President for
a term of four years with the consent of the Commission on Appointments.
Of the Members first appointed, the representative of the Integrated Bar
shall serve for four years, the professor of law for three years, the retired Republic Act No. 9282 March 30 2004
Justice for two years, and the representative of the private sector for one
year.
AN ACT EXPANDING THE JURISDICTION OF THE COURT OF TAX
APPEALS (CTA), ELEVATING ITS RANK TO THE LEVEL OF A
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the COLLEGIATE COURT WITH SPECIAL JURISDICTION AND
Council and shall keep a record of its proceedings. ENLARGING ITS MEMBERSHIP, AMENDING FOR THE PURPOSE
CERTAIN SECTIONS OR REPUBLIC ACT NO. 1125, AS AMENDED,
4. The regular Members of the Council shall receive such emoluments as may OTHERWISE KNOWN AS THE LAW CREATING THE COURT OF TAX
be determined by the Supreme Court. The Supreme Court shall provide in APPEALS, AND FOR OTHER PURPOSES
its annual budget the appropriations for the Council.
Be it enacted by the Senate and House of Representatives of the Philippines in
5. The Council shall have the principal function of recommending appointees Congress assembled:
to the Judiciary. It may exercise such other functions and duties as the
Supreme Court may assign to it. Section 1. Section 1 of Republic Act No. 1125, as amended is hereby further
amended to read as follows:

"SECTION 1. Court; Justices; Qualifications; Salary; Tenure. - There is


hereby created a Court of Tax Appeals (CTA) which shall be of the same
section 11. The Members of the Supreme Court and judges of lower courts shall hold
level as the Court of Appeals, possessing all the inherent powers of a Court
office during good behavior until they reach the age of seventy years or become
of Justice, and shall consist of a Presiding Justice and five (5) Associate
incapacitated to discharge the duties of their office. The Supreme Court en banc shall
Justices. The incumbent Presiding Judge and Associate Judges shall
have the power to discipline judges of lower courts, or order their dismissal by a vote
of a majority of the Members who actually took part in the deliberations on the continue in office and bear the new titles of Presiding Justice and Associate
Justices. The Presiding Justice and the most Senior Associate Justice shall
issues in the case and voted thereon.
serve as chairmen of the two (2) Divisions. The additional three (3) Justices
and succeeding members of the Court shall be appointed by the President
Section 14. No decision shall be rendered by any court without expressing therein upon nomination by the Judicial and Bar Council. The Presiding Justice
clearly and distinctly the facts and the law on which it is based. No petition for shall be so designated in his appointment, and the Associate Justices shall
review or motion for reconsideration of a decision of the court shall be refused due have precedence according to the date of their respective appointments, or
course or denied without stating the legal basis therefor. when the appointments of two (2) or more of them shall bear the same date,
according to the order in which their appointments were issued by the
President. They shall have the same qualifications, rank, category, salary,
emoluments and other privileges, be subject to the same inhibitions and
1987 Constitution - Article XI disqualifications, and enjoy the same retirements and other benefits as those
Approved: 02 February 1987 provided for under existing laws for the Presiding Justice and Associate
ACCOUNTABILITY OF PUBLIC OFFICERS Justices of the Court of Appeals.

Section 3. "Whenever the salaries of the Presiding Justice and the Associate Justices of
8. The Congress shall promulgate its rules on impeachment to effectively the Court of Appeals are increased, such increases in salaries shall be
carry out the purpose of this section.
deemed correspondingly extended to and enjoyed by the Presiding Justice requires, outside the territorial boundaries of the Philippines. The
and Associate Justices of the CTA. Sandiganbayan may require the services of the personnel and the use of
facilities of the courts or other government offices where any of the
"The Presiding Justice and Associate Justices shall hold office during good divisions is holding sessions and the personnel of such courts or offices
behavior, until they reach the age of seventy (70), or become incapacitated shall be subject to the orders of the Sandiganbayan."
to discharge the duties of their office, unless sooner removed for the same
causes and in the same manner provided by law for members of the Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.
judiciary of equivalent rank."
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


Republic Act No. 8249 February 5, 1997 the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where
AN ACT FURTHER DEFINING THE JURISDICTION OF THE one or more of the accused are officials occupying the following positions
SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL in the government whether in a permanent, acting or interim capacity, at the
DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND time of the commission of the offense:
FOR OTHER PURPOSES
"(1) Officials of the executive branch occupying the positions of
Be it enacted by the Senate and House of Representatives of the Philippines in regional director and higher, otherwise classified as Grade '27' and
Congress assembled:: higher, of the Compensation and Position Classification Act of
1989 (Republic Act No. 6758), specifically including:
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as
amended, is hereby further amended to read as follows: "(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department
"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure;
heads;
Removal and Compensation. - A special court, of the same level as the
Court of Appeals and possessing all the inherent powers of a court ofjustice,
to be known as the Sandiganbayan is hereby created composed of a "(b) City mayors, vice-mayors, members of the
presiding justice and fourteen associate justices who shall be appointed by sangguniang panlungsod, city treasurers, assessors
the President." engineers and other city department heads;

Section 2. Section 2 of the same decree is hereby further amended to read as follows: "(c) Officials of the diplomatic service occupying the
position of consul and higher;
"SECTION 2. Official Station; Place of Holding Sessions. - The
Sandiganbayan shall have its principal office in the Metro Manila area and "(d) Philippine army and air force colonels, naval
shall hold sessions thereat for the trial and determination of cases filed with captains, and all officers of higher rank;
it: Provided, however, That cases originating from the principal
geographical regions of the country, that is, from Luzon, Visayas or "(e) Officers of the Philippine National Police while
Mindanao, shall be heard in their respective regions of origin except only occupying the position of provincial director and those
when the greater convenience of the accused and of the witnesses, or other holding the rank of senior superintendent or higher;
compelling considerations require the contrary, in which instance a case
originating from one geographical region may be heard in another "(f) City and provincial prosecutors and their assistants,
geographical region: Provided, further, That for this purpose the presiding and officials and prosecutors in the Office of the
justice shall authorize any divisions of the court to hold sessions at any time Ombudsman and special prosecutor;
and place outside Metro Manila and, where the interest of justice so
"(g) Presidents, directors or trustees, or managers of That the jurisdiction over these petitions shall not be exclusive of the
government-owned or -controlled corporations, state Supreme Court.
universities or educational institutions or foundations;
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
"(2) Members of Congress and officials thereof classified as implementing rules that the Supreme Court has promulgated and may
Grade'27'and up under the Compensation and Position hereafter promulgate, relative to appeals/petitions for review to the Court of
Classification Act of 1989; Appeals, shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
"(3) Members of the judiciary without prejudice to the provisions Sandiganbayan to the Supreme Court, the Office of the Ombudsman,
of the Constitution; 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.
"(4) Chairmen and members of Constitutional Commissions,
without prejudice to the provisions of the Constitution; and
"In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed
"(5) All other national and local officials classified as Grade'27'and
in govemment-owned or controlled corporations, they shall be tried jointly
higher under the Compensation and Position Classification Act of
with said public officers and employees in the proper courts which shall
1989.
exercise exclusive jurisdiction over them.
"b. Other offenses orfelonies whether simple or complexed with other
"Any provisions of law or Rules of Court to the contrary notwithstanding,
crimes committed by the public officials and employees mentioned in
the criminal action and the corresponding civil action for the recovery of
subsection a of this section in relation to their office.
civil liability shall at all times be simultaneously instituted with, and jointly
determined in, the same proceeding by the Sandiganbayan or the
"c. Civil and criminal cases filed pursuant to and in connection with appropriate courts, the filing of the criminal action being deemed to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. 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
"In cases where none of the accused are occupying positions corresponding recognized: Provided, however, That where the civil action had therefore
to salary grade '27' or higher, as prescribed in the said Republic Act No. been filed separately but judgment therein has not yet been rendered, and
6758, or military or PNP officers mentioned above, exclusive original the criminal case is hereafter filed with the Sandiganbayan or the
jurisdiction thereof shall be vested in the proper regional trial court, appropriate court, said civil action shall be transferred to the Sandiganbayan
metropolitan trial court, municipal trial court and municipal circuit trial or the appropriate court, as the case may be, for consolidation and joint
court ' as the case may be, pursuant to their respective jurisdiction as determination with the criminal action, otherwise the separate civil action
provided in Batas Pambansa Blg. 129, as amended. shall be deemed abandoned."

"The Sandiganbayan shall exercise exclusive appellate jurisdiction over Section 5. Section 7 of the same decree is hereby further amended to read as follows:
final judgments, resolutions or orders or regional trial courts whether in the
exercise of their own original jurisdiction orof their appellate jurisdiction as 'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions
herein provided. and final orders determining the merits of a case or finally disposing of the
action or proceedings of the Sandiganbayan shall contain complete findings
"The Sandiganbayan shall have exclusive original jurisdiction over petitions of the facts and the law on which they are based, on all issues properly
for the issuance of the writs of mandamus, prohibition, certiorari, habeas raised before it and necessary in deciding the case.
corpus, injunctions, and other ancillary writs and processes in aid of its
appellate jurisdiction and over petitions of similar nature, including quo "A petition for reconsideration of any final order or decision may be filed
warranto, arising or that may arise in cases filed or which may be filed within fifteen (15) days from promulgation or notice of the final order on
under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided,
judgment, and such motion for reconsideration shall be decided within Section 3. Organization. – There is hereby created a Court of Appeals which
thirty (30) days from submission thereon. 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
"Decisions and final orders ofthe Sandiganbyan shall be appealable to the appointment, and the Associate Justice shall have precedence according to the dates
Supreme Court by petition for review on certiorari raising pure questions of of their respective appointments, or when the appointments of two or more of them
law in accordance with Rule 45 of the Rules of Court. Whenever, in any shall bear the same date, according to the order in which their appointments were
case decided by the Sandiganbayan, the penalty of reclusion perpetua, life issued by the President. Any member who is reappointed to the Court after rendering
imprisonment or death is imposed, the decision shall be appealable to the service in any other position in the government shall retain the precedence to which
Supreme Court in the manner prescribed in the Rules of Court. 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.)
"Judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
Section 4. Exercise of powers and functions. – The Court Appeals shall exercise its
"Decisions and final orders of other courts in cases cognizable by said 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
courts under this decree as well as those rendered by them in the exercise of
administrative, ceremonial, or other non-adjudicatory functions. (as amended
their appellate jurisdiction shall be appealable to, or be reviewable by, the
by Exec. Order No. 33,.)
Sandiganbayan in the manner provided by Rule 122 of the Rules of the
Court.
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
"In case, however, the imposed penalty by the Sandiganbayan or the
associate Justice who is first in precedence shall perform his powers, functions, and
regional trial court in the proper exercise of their respective jurisdictions, is
duties until such disability is removed, or another Presiding Justice is appointed and
death, review by the Supreme Court shall be automatic, whether or not
has qualified.
accused files an appeal."

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.
BATAS PAMBANSA Blg. 129
Section 7. Qualifications. – The Presiding Justice and the Associate Justice shall
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS have the same qualifications as those provided in Constitution for Justice of the
THEREFOR, AND FOR OTHER PURPOSES Supreme Court.

PRELIMINARY CHAPTER Section 8. Grouping of Divisions. – (Expressly repealed by Section 4, Exec. Order
No. 33, July 28, 1986.)
Section 1. Title. – This Act shall be known as "The Judiciary Reorganization Act of
1980." Section 9. Jurisdiction. – The Court of Appeals shall Exercise:

Section 2. Scope. – The reorganization herein provided shall include the Court of 1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari,
Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile and habeas corpus, and quo warranto,and auxiliary writs or processes, whether
Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the or not in aid of its appellate jurisdiction;
Municipal Courts, and the Municipal Circuit Courts.
2. Exclusive original jurisdiction over actions for annulment of judgements
CHAPTER I of Regional Trial Courts; and
COURT OF APPEALS
3. Exclusive appellate jurisdiction over all final judgements, resolutions, operations of the Court of its divisions. Copies of such rules and orders shall be
orders or awards of Regional Trial Courts and quasi-judicial agencies, furnished by the Supreme Court, which rules and orders shall be effective fifteen
instrumentalities, boards or commission, including the Securities and (15) days after receipt thereof, unless directed otherwise by the Supreme Court.
Exchange Commission, the Social Security Commission, the Employees
Compensation Commission and the Civil Service Commission, Except CHAPTER II
those falling within the appellate jurisdiction of the Supreme Court in REGIONAL TRIAL COURTS
accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of Section 13. Creation of Regional Trial Courts. – There are hereby created thirteen
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth (13) Regional Trial Courts, one for each of the following judicial regions:
paragraph od Section 17 of the Judiciary Act of 1948.
Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise
The court of Appeals shall have the power to try cases and conduct hearings, receive
exclusive original jurisdiction:
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 (1) In all civil actions in which the subject of the litigation is incapable of
within three (3) months, unless extended by the Chief Justice. (as amended by R.A. pecuniary estimation;
No. 7902.)
(2) In all civil actions which involve the title to, or possession of, real
Section 10. Place of holding sessions. – The Court of Appeals shall have its property, or any interest therein, where the assessed value of the property
permanent station in the City of Manila. Whenever demanded by public interest, the involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions
Supreme Court, upon its own initiative or upon recommendation of the Presiding in Metro Manila, where such the value exceeds Fifty thousand pesos
Justice, may authorize a division of the Court to hold sessions outside Manila, (50,000.00) except actions for forcible entry into and unlawful detainer of
periodically, or for such periods and at such places as the Supreme Court may lands or buildings, original jurisdiction over which is conferred upon
determine, for the purpose of hearing and deciding cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts;
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 (3) In all actions in admiralty and maritime jurisdiction where he demand or
session of a division. The unanimous vote of the three members of a division shall be claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro
necessary for the pronouncement of a decision of final resolution, which shall be Manila, where such demand or claim exceeds Two hundred thousand pesos
reached in consultation before the writing of the opinion by any members of the (200,000.00);
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 (4) In all matters of probate, both testate and intestate, where the gross value
of two additional Justice to sit temporarily with them, forming a special division of of the estate exceeds One hundred thousand pesos (P100,000.00) or, in
five members and the concurrence of a majority of such division shall be necessary probate matters in Metro Manila, where such gross value exceeds Two
for the pronouncement of a decision or final resolution. The designation of such hundred thousand pesos (200,000.00);
additional Justice shall be made strictly by raffle.
(5) In all actions involving the contract of marriage and marital relations;
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 (6) In all cases not within the exclusive jurisdiction of any court, tribunal,
second motion for reconsideration from the same party shall be entertainment. (as person or body exercising jurisdiction or any court, tribunal, person or body
amended by Exec. Order No. 33, July 28, 1986.) exercising judicial or quasi-judicial functions;

Section 12. Internal Rules. – The court en banc is authorized to promulgate rules or (7) In all civil actions and special proceedings falling within the exclusive
orders governing the constitution of the divisions and the assignment of Appellate original jurisdiction of a Juvenile and Domestic Relations Court and of the
Justices thereto, the distribution of cases, and other matters pertaining to 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 CHAPTER III
whatever kind, attorney's fees, litigation expenses, and costs or the value of METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND
the property in controversy exceeds One hundred thousand pesos MUNICIPAL CIRCUIT TRIAL COURTS
(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 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts. – There shall be created a Metropolitan Trial Court
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise in each metropolitan area established by law, a Municipal Trial Court in each of the
exclusive original jurisdiction in all criminal cases not within the exclusive other cities or municipalities, and a Municipal Circuit Trial Court in each circuit
jurisdiction of any court, tribunal or body, except those now falling under the comprising such cities and/or municipalities as are grouped together pursuant to law.
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter. Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the
Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan,
exercise original jurisdiction: the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:
(1) In the issuance of writs of certiorari, prohibition, mandamus, quo
warranto, habeas corpus and injunction which may be enforced in any part (1) Exclusive original jurisdiction over all violations of city or municipal
of their respective regions; and ordinances committed within their respective territorial jurisdiction; and

(2) In actions affecting ambassadors and other public ministers and consuls. (2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine,
Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate and regardless of other imposable accessory or other penalties, including the
jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial civil liability arising from such offenses or predicated thereon, irrespective
Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. of kind, nature, value, or amount thereof: Provided, however, That in
Such cases shall be decided on the basis of the entire record of the proceedings had offenses involving damage to property through criminal negligence they
in the court of origin and such memoranda and/or briefs as may be submitted by the shall have exclusive original jurisdiction thereof. (as amended by R.A, No.
parties or required by the Regional Trial Courts. The decision of the Regional Trial 7691)
Courts in such cases shall be appealable by petition for review to the
Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Court of Appeals which may give it due course only when the petition shows prima Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal
facie that the lower court has committed an error of fact or law that will warrant a Trial Courts, and Municipal Circuit Trial Courts shall exercise:
reversal or modification of the decision or judgment sought to be reviewed.
(1) Exclusive original jurisdiction over civil actions and probate
Section 23. Special jurisdiction to try special cases. – The Supreme Court may proceedings, testate and intestate, including the grant of provisional
designate certain branches of the Regional Trial Courts to handle exclusively remedies in proper cases, where the value of the personal property, estate,
criminal cases, juvenile and domestic relations cases, agrarian cases, urban land or amount of the demand does not exceed One hundred thousand pesos
reform cases which do not fall under the jurisdiction of quasi-judicial bodies and (P100,000.00) or, in Metro Manila where such personal property, estate, or
agencies, and/or such other special cases as the Supreme Court may determine in the amount of the demand does not exceed Two hundred thousand pesos
interest of a speedy and efficient administration of justice. (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
Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court takes
of action between the same or different parties, embodied in the same
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 complaint, the amount of the demand shall be the totality of the claims in all
applied, unless subsequently amended by law or by rules of court promulgated by the the causes of action, irrespective of whether the causes of action arose out
of the same or different transactions;
Supreme Court.
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful Circuit Trial Courts shall have authority to conduct preliminary investigation of
detainer: Provided, That when, in such cases, the defendant raises the crimes alleged to have been committed within their respective territorial jurisdictions
question of ownership in his pleadings and the question of possession which are cognizable by the Regional Trial Courts.
cannot be resolved without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of possession. 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.
(3) Exclusive original jurisdiction in all civil actions which involve title to, 911: Provided, however, That if after the preliminary investigation the Judge finds
or possession of, real property, or any interest therein where the assessed a prima facie case, he shall forward the records of the case to the Provincial/City
value of the property or interest therein does not exceed Twenty thousand Fiscal for the filing of the corresponding information with the proper court.
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 No warrant of arrest shall be issued by the Judge in connection with any criminal
of interest, damages of whatever kind, attorney's fees, litigation expenses complaint filed with him for preliminary investigation, unless after an examination in
and costs: Provided, That value of such property shall be determined by the writing and under oath or affirmation of the complainant and his witnesses, he finds
assessed value of the adjacent lots. (as amended by R.A. No. 7691) that a probable cause exists.

Section 34. Delegated jurisdiction in cadastral and land registration cases. – Any warrant of arrest issued in accordance herewith may be served anywhere in the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Philippines.
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 Section 38. Judgments and processes. –
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 (1) All judgments determining the merits of cases shall be in writing, stating
corresponding tax declaration of the real property. Their decisions in these cases clearly the facts and the law on which they were based, signed by the Judge
shall be appealable in the same manner as decisions of the Regional Trial Courts. (as and filed with the Clerk of Court. Such judgment shall be appealable to the
amended by R.A. No. 7691) 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.
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 (2) All processes issued by the Metropolitan Trial Courts, Municipal Trial
of habeas corpus or applications for bail in criminal cases in the province or city Courts and Municipal Circuit Trial Courts, in cases falling within their
where the absent Regional Trial Judges sit. jurisdiction, may be served anywhere in the Philippines without the
necessity of certification by the Judge of the Regional Trial Court.
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 A.M. No. 03-05-01-SC
those in the National Capital Region, of Municipal Trial Courts, and Municipal
ADOPTING THE NEW CODE OF JUDICIAL CONDUCT FOR THE SEC. 1. Judges shall ensure that not only is their conduct above reproach, but that it
PHILIPPINE JUDICIARY is perceived to be so in the view of a reasonable observer.
CANON 1
INDEPENDENCE SEC. 2. The behavior and conduct of judges must reaffirm the people’s faith in the
integrity of the judiciary. Justice must not merely be done but must also be seen to be
Judicial independence is a pre-requisite to the rule of law and a fundamental done.
guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial
independence in both its individual and institutional aspects. SEC. 3. Judges should take or initiate appropriate disciplinary measures against
lawyers or court personnel for unprofessional conduct of which the judge may have
SEC. 1. Judges shall exercise the judicial function independently on the basis of their become aware.
assessment of the facts and in accordance with a conscientious understanding of the CANON 3
law, free of any extraneous influence, inducement, pressure, threat or interference, IMPARTIALITY
direct or indirect, from any quarter or for any reason.
Impartiality is essential to the proper discharge of the judicial office. It applies not
SEC. 2. In performing judicial duties, judges shall be independent from judicial only to the decision itself but also to the process by which the decision is made.
colleagues in respect of decisions which the judge is obliged to make independently.
SEC. 1. Judges shall perform their judicial duties without favor, bias or prejudice.
SEC. 3. Judges shall refrain from influencing in any manner the outcome of litigation
or dispute pending before another court or administrative agency. SEC. 2. Judges shall ensure that his or her conduct, both in and out of court,
maintains and enhances the confidence of the public, the legal profession and
SEC. 4. Judges shall not allow family, social, or other relationships to influence litigants in the impartiality of the judge and of the judiciary.
judicial conduct or judgment. The prestige of judicial office shall not be used or lent
to advance the private interests of others, nor convey or permit others to convey the SEC. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize
impression that they are in a special position to influence the judge. the occasions on which it will be necessary for them to be disqualified from hearing
or deciding cases.
SEC. 5. Judges shall not only be free from inappropriate connections with, and
influence by, the executive and legislative branches of government, but must also SEC. 4. Judges shall not knowingly, while a proceeding is before or could come
appear to be free therefrom to a reasonable observer. before them, make any comment that might reasonably be expected to affect the
outcome of such proceeding or impair the manifest fairness of the process. Nor shall
SEC. 6. Judges shall be independent in relation to society in general and in relation judges make any comment in public or otherwise that might affect the fair trial of
to the particular parties to a dispute which he or she has to adjudicate. any person or issue.

SEC. 7. Judges shall encourage and uphold safeguards for the discharge of judicial SEC. 5. Judges shall disqualify themselves from participating in any proceedings in
duties in order to maintain and enhance the institutional and operational which they are unable to decide the matter impartially or in which it may appear to a
independence of the judiciary. reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where
SEC. 8. Judges shall exhibit and promote high standards of judicial conduct in order
to reinforce public confidence in the judiciary, which is fundamental to the (a) The judge has actual bias or prejudice concerning a party or personal knowledge
maintenance of judicial independence. of disputed evidentiary facts concerning the proceedings;

CANON 2 (b) The judge previously served as a lawyer or was a material witness in the matter
INTEGRITY in controversy;

Integrity is essential not only to the proper discharge of the judicial office but also to (c) The judge, or a member of his or her family, has an economic interest in the
the personal demeanor of judges. outcome of the matter in controversy;
(d) The judge served as executor, administrator, guardian, trustee or lawyer in the SEC. 6. Judges, like any other citizen, are entitled to freedom of expression, belief,
case or matter in controversy, or a former associate of the judge served as counsel association and assembly, but in exercising such rights, they shall always conduct
during their association, or the judge or lawyer was a material witness therein; themselves in such a manner as to preserve the dignity of the judicial office and the
impartiality and independence of the judiciary.
(e) The judge’s ruling in a lower court is the subject of review;
SEC. 7. Judges shall inform themselves about their personal fiduciary and financial
(f) The judge is related by consanguinity or affinity to a party litigant within the sixth interests and shall make reasonable efforts to be informed about the financial
civil degree or to counsel within the fourth civil degree; or interests of members of their family.

(g) The judge knows that his or her spouse or child has a financial interest, as heir, SEC. 8. Judges shall not use or lend the prestige of the judicial office to advance
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a their private interests, or those of a member of their family or of anyone else, nor
party to the proceeding, or any other interest that could be substantially affected by shall they convey or permit others to convey the impression that anyone is in a
the outcome of the proceedings; special position improperly to influence them in the performance of judicial duties.

SEC. 6. A judge disqualified as stated above may, instead of withdrawing from the SEC. 9. Confidential information acquired by judges in their judicial capacity shall
proceeding, disclose on the records the basis of disqualification. If, based on such not be used or disclosed for any other purpose related to their judicial duties.
disclosure, the parties and lawyers, independently of the judge’s participation, all
agree in writing that the reason for the inhibition is immaterial or unsubstantial, the SEC. 10. Subject to the proper performance of judicial duties, judges may
judge may then participate in the proceeding. The agreement, signed by all parties
and lawyers, shall be incorporated in the record of the proceedings. (a) Write, lecture, teach and participate in activities concerning the law, the legal
system, the administration of justice or related matters;
CANON 4
PROPRIETY (b) Appear at a public hearing before an official body concerned with matters
relating to the law, the legal system, the administration of justice or related matters;
Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge. (c) Engage in other activities if such activities do not detract from the dignity of the
judicial office or otherwise interfere with the performance of judicial duties.
SEC. 1. Judges shall avoid impropriety and the appearance of impropriety in all of
their activities. SEC. 11. Judges shall not practice law whilst the holder of judicial office.

SEC. 2. As a subject of constant public scrutiny, judges must accept personal SEC. 12. Judges may form or join associations of judges or participate in other
restrictions that might be viewed as burdensome by the ordinary citizen and should organizations representing the interests of judges.
do so freely and willingly. In particular, judges shall conduct themselves in a way
that is consistent with the dignity of the judicial office. SEC. 13. Judges and members of their families shall neither ask for, nor accept, any
gift, bequest, loan or favor in relation to anything done or to be done or omitted to be
SEC. 3. Judges shall, in their personal relations with individual members of the legal done by him or her in connection with the performance of judicial duties.
profession who practice regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of favoritism or partiality. SEC. 14. Judges shall not knowingly permit court staff or others subject to their
influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor
SEC. 4. Judges shall not participate in the determination of a case in which any in relation to anything done or to be done or omitted to be done in connection with
member of their family represents a litigant or is associated in any manner with the their duties or functions.
case.
SEC. 15. Subject to law and to any legal requirements of public disclosure, judges
SEC. 5. Judges shall not allow the use of their residence by a member of the legal may receive a token gift, award or benefit as appropriate to the occasion on which it
profession to receive clients of the latter or of other members of the legal profession. is made, provided that such gift, award or benefit might not reasonably be perceived
as intended to influence the judge in the performance of judicial duties or otherwise taking advantage for this purpose of the training and other facilities which should be
give rise to an appearance of partiality. made available, under judicial control, to judges.

CANON 5 SEC. 4. Judges shall keep themselves informed about relevant developments of
EQUALITY international law, including international conventions and other instruments
establishing human rights norms.
Ensuring equality of treatment to all before the courts is essential to the due
performance of the judicial office. SEC. 5. Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
SEC. 1. Judges shall be aware of, and understand, diversity in society and differences
arising from various sources, including but not limited to race, color, sex, religion, SEC. 6. Judges shall maintain order and decorum in all proceedings before the court
national origin, caste, disability, age, marital status, sexual orientation, social and and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and
economic status and other like causes. others with whom the judge deals in an official capacity. Judges shall require similar
conduct of legal representatives, court staff and others subject to their influence,
SEC. 2. Judges shall not, in the performance of judicial duties, by words or conduct, direction or control.
manifest bias or prejudice towards any person or group on irrelevant grounds.
SEC. 7. Judges shall not engage in conduct incompatible with the diligent discharge
SEC. 3. Judges shall carry out judicial duties with appropriate consideration for all of judicial duties.
persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues,
without differentiation on any irrelevant ground, immaterial to the proper
performance of such duties. REPUBLIC ACT NO. 386

SEC. 4. Judges shall not knowingly permit court staff or others subject to his or her
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE
influence, direction or control to differentiate between persons concerned, in a matter
PHILIPPINES
before the judge, on any irrelevant ground.

SEC. 5. Judges shall require lawyers in proceedings before the court to refrain from Article 27. Any person suffering material or moral loss because a public servant or
manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, employee refuses or neglects, without just cause, to perform his official duty may file
except such as are legally relevant to an issue in proceedings and may be the subject an action for damages and other relief against the latter, without prejudice to any
of legitimate advocacy. disciplinary administrative action that may be taken.

CANON 6 Article 32. Any public officer or employee, or any private individual, who directly
COMPETENCE AND DILIGENCE or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of
the following rights and liberties of another person shall be liable to the latter for
Competence and diligence are prerequisites to the due performance of judicial office. damages:

SEC. 1. The judicial duties of a judge take precedence over all other activities. (1) Freedom of religion;

SEC. 2. Judges shall devote their professional activity to judicial duties, which (2) Freedom of speech;
include not only the performance of judicial functions and responsibilities in court
and the making of decisions, but also other tasks relevant to the judicial office or the
(3) Freedom to write for the press or to maintain a periodical publication;
court’s operations.

SEC. 3. Judges shall take reasonable steps to maintain and enhance their knowledge, (4) Freedom from arbitrary or illegal detention;
skills and personal qualities necessary for the proper performance of judicial duties,
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law; and for other relief. Such civil action shall proceed independently of any
criminal prosecution (if the latter be instituted), and may be proved by a
(7) The right to a just compensation when private property is taken for preponderance of evidence.
public use;
The indemnity shall include moral damages. Exemplary damages may also be
(8) The right to the equal protection of the laws; adjudicated.

(9) The right to be secure in one's person, house, papers, and effects against The responsibility herein set forth is not demandable from a judge unless his act or
unreasonable searches and seizures; omission constitutes a violation of the Penal Code or other penal statute.

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes


not contrary to law;

(13) The right to take part in a peaceable assembly to petition the


Government for redress of grievances;

(14) The right to be a free from involuntary servitude in any form;

(15) The right of the accused against excessive bail; ACT No. 3815 (December 8, 1930)

(16) The right of the accused to be heard by himself and counsel, to be AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
informed of the nature and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face to face, and to have Chapter Two
compulsory process to secure the attendance of witness in his behalf; MALFEASANCE AND MISFEASANCE IN OFFICE

(17) Freedom from being compelled to be a witness against one's self, or Article 204. Knowingly rendering unjust judgment. - Any judge who shall
from being forced to confess guilt, or from being induced by a promise of knowingly render an unjust judgment in any case submitted to him for decision, shall
immunity or reward to make such confession, except when the person be punished by prision mayor and perpetual absolute disqualification.
confessing becomes a State witness;
Article 205. Judgment rendered through negligence. - Any judge who, by reason of
(18) Freedom from excessive fines, or cruel and unusual punishment, unless inexcusable negligence or ignorance shall render a manifestly unjust judgment in any
the same is imposed or inflicted in accordance with a statute which has not case submitted to him for decision shall be punished by arresto mayor and temporary
been judicially declared unconstitutional; and special disqualification.

(19) Freedom of access to the courts. Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an
unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its
In any of the cases referred to in this article, whether or not the defendant's minimum period and suspension; but if he shall have acted by reason of inexcusable
act or omission constitutes a criminal offense, the aggrieved party has a negligence or ignorance and the interlocutory order or decree be manifestly unjust,
right to commence an entirely separate and distinct civil action for damages, the penalty shall be suspension.
The Investigating Justice or Judge shall terminate the investigation within ninety (90)
days from the date of its commencement or within such extension as the Supreme
A.M. NO. 01-8-10-SC September 11, 2001 Court may grant.

RE: PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF SEC. 5. Report. - Within thirty (30) days from the termination of the investigation,
COURT RE: DISCIPLINE OF JUSTICES AND JUDGES the investigating Justice or Judge shall submit to the Supreme Court a report
containing findings of fact and recommendation. The report shall be accompanied by
The Court resolved to APPROVE the amendment of Rule 140 of the Rules of the record containing the evidence and the pleadings filed by the parties. The report
shall be confidential and shall be for the exclusive use of the Court.
Court regarding the discipline of Justices and Judges, so as to read as follows:

SEC. 6. Action. - The Court shall take such action on the report as the facts and the
RULE 140
law may warrant.
DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND
SEC. 7. Classification of charges. - Administrative charges are classified as serious,
JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
less serious, or light.
SECTION 1. How instituted. - Proceedings for the discipline of judges of regular
and special courts and Justices of the Court of Appeals and the Sandiganbayan may SEC. 8. Serious charges. - Serious charges include:
be instituted motu proprio by the Supreme Court or upon a verified complaint,
supported by affidavits of person who have personal knowledge of the facts alleged 1. Bribery, direct or indirect;
therein or by documents which may substantiate said allegations, or upon an
anonymous complaint, supported by public records of indubitable integrity. The 2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law
complaint shall be in writing and shall state clearly and concisely the acts and (R.A. No. 3019);
omissions constituting violations of standards of conduct prescribed for Judges by
law, the Rules of Court, or the Code of Judicial Conduct. 3. Gross misconduct constituting violations of the Code of Judicial
Conduct;
SEC. 2. Action on the complaint. - If the complaint is sufficient in form and
substance, a copy thereof shall be served upon the respondent, and he shall be 4. Knowingly rendering an unjust judgment or order as determined by a
required to comment within ten (10) days from the date of service. Otherwise, the competent court in an appropriate proceeding;
same shall be dismissed.
5. Conviction of a crime involving moral turpitude;
SEC. 3. By whom complaint investigated. - Upon the filing of the respondent's
comment, or upon the expiration of the time for filing the same and unless other
6. Willful failure to pay a just debt;
pleadings or documents are required, the Court shall refer the matter to the Office of
the Court Administrator for evaluation, report, and recommendation or assign the
case for investigation, report, and recommendation to a retired member of the 7. Borrowing money or property from lawyers and litigants in a case
Supreme Court, if the respondent is a Justice of the Court of Appeals and the pending before the court;
Sandiganbayan, or to a Justice of the Court of Appeals, if the respondent is a Judge
of a Regional Trial Court or of a special court of equivalent rank, or to a Judge of the 8. Immorality;
Regional Trial Court if the respondent is a Judge of an inferior court.
9. Gross ignorance of the law or procedure;
SEC. 4. Hearing. - the investigating Justice or Judge shall set a day of the hearing
and send notice thereof to both parties. At such hearing the parties may present oral 10. Partisan political activities; and
and documentary evidence. If, after due notice, the respondent fails to appear, the
investigation shall proceed ex parte. 11. Alcoholism and/or vicious habits.
SEC. 9. Less Serious Charges. - Less serious charges include: B. If the respondent is guilty of a less serious charge, any of the following sanctions
shall be imposed:
1. Undue delay in rendering a decision or order, or in transmitting the
records of a case; 1. Suspension from office without salary and other benefits for not less than
one (1) nor more than three (3) months; or
2. Frequently and unjustified absences without leave or habitual tardiness;
2. A fine of more than P10,000.00 but not exceeding P20,000.00.
3. Unauthorized practice of law;
C. If the respondent is guilty of a light charge, any of the following sanctions shall be
4. Violation of Supreme Court rules, directives, and circulars; imposed:

5. Receiving additional or double compensation unless specifically 1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or
authorized by law;
2. Censure;
6. Untruthful statements in the certificate of service; and
3. Reprimand;
7. Simple Misconduct.
4. Admonition with warning.
SEC. 10. Light Charges. - Light charges include:
SEC. 12. Confidentiality of proceedings. - Proceedings against Judges of regular
1. Vulgar and unbecoming conduct; and special courts and Justices of the Court of Appeals and the Sandiganbayan shall
be private and confidential, but a copy of the decision or resolution of the court shall
be attached to the record of the respondent in the Office of the Court Administrator.
2. Gambling in public;

These amendments to Rule 140 shall take effect on October 1, 2001 following their
3. Fraternizing with lawyers and litigants with pending case/cases in his
publication in two newspapers of general circulation on or before September 15,
court; and
2001.
4. Undue delay in the submission of monthly reports.

SEC. 11. Sanctions. - A. If the respondent is guilty of a serious charge, any of the
following sanctions may be imposed:

1. Dismissal from the service, forfeiture of all or part of the benefits as the
Court may determine, and disqualification from reinstatement or
appointment to any public office, including government-owned or
controlled corporations. Provided, however, that the forfeiture of benefits
shall in no case include accrued leave credits;

2. Suspension from office without salary and other benefits for more than
three (3) but not exceeding six (6) months; or

3. A fine of more than P20,000.00 but not exceeding P40,000.00

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