Legal Writing-Outline of Jurisdiction.pdf

7/30/2019 Legal Writing-Outline of Jurisdiction.pdf

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.Lt t'OUTLINE OF JURISDICTION

OUTLINE OF JURISDICTIONMagdangal M. de Leon

SUPREME COURTA. Original Jurisdiction

1. Exdusive2. Concurrent

B. Appellate Jurisdiction

A. Original Jurisdiction1. Exclusive2. Concurrent

B. Appellate Jurisdiction

SANDIGANBAYANA. Original Jurisdiction

1. Exclusive2. Concunent with the Supreme Court3.ConcurrentwiththeSuoremeCourt,CourtofAppealsandRegional Trial Courts

B. APPellate Jurisdiction

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OUTLINE OF JURISDICTION

IV. REGIONAL TRIAL COURTSA. Original Jurisdiction1. Civil

1.1. Exclusive1.2. Concurrent

2. Criminal2.1. ExclusiveB. Appellate Jurisdiction

V. FAMILY COURTSA. Exclusive and Original Jurisdiction

VI. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,MUNICIPAL CIRCUIT TRIAL COURTS AND MUNICIPAL TRIALCOURTS IN CITIESA. Original Jurisdiction

1. Civil1.1. Exclusive1.2, Delegated1.3. Special

2. Criminal2.1. Exclusive2.2. Special

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OUTLINE OF JURISD]CTION

OUTLINE OF JURISDICTIONMagdangal M. de Leon

I. SUPREME COURTA. Original Jurisdiction

t. ExclusivePetitions for issuance of writs of certiorari, prohibition, andmandamus against the following:1.1. Court of Appea|s (Repub|icAct No. 296 [19481, Sec. 171);1.2. Commission on Elections2 En Banc (Consrrurtoru, Art' lX-A'

1.3. Commission on Audit (Corusrrurtoru, Art' lX-A, Sec' 7);l.4.sandiganbayan(PresidentialDecreeNo.l606[1979],Sec7,as amendel by Rep. Act No. 8249119971, Sec' 5);1.5. Court of Tax Appeals En Banc (Rep'Act N9' 1125 [1954]'Sec.lg,asamended'byRep.ActNo.9282l2OO4l,Sec'12);and1.6. Ombudsman in criminal and non-administrative disciplinarycases.'Goncurrent2.1. with the Couft of APPeals

2.1.1. Petitions for writs of certiorari, prohibition, andmandamusagainstthecivilserviceCommission(ReP.Act No. 7902 [1995])'2.1.2. Petitions for writs of certiorari, prohibition, andmandamusagainsttheNationa|LaborRelations

I Revised Judiciary Act of 1948.t ConsrrurroH, Arl lX-A Sec. 7; Aratuc v. COMELEC, No. 49705-09, February 8, 1979, 88scRA251..-S"" f-"b,"n v. Desierto,G.R. No. 129742, September 15, 1998, 295 SCRA 470'

2.

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CommissionundertheLaborCodea(BatasPambansa Blg. 129 [1983], Sec' 9, as amended byRep. Act No. 7902, St' Martin's Funeral Homes v'National Labor Relations Commission' G'R' No'130866, September 16, 1998, 295 SCRA 494)'2.2.withtheCourtofAppea|sandRegiona|Tria|Courts

2.2.1 Petitions for habeas corpuf and quo wamnto'62.2.2 Acttons brought to prevent and restrain violations oflawsconcemingmonopoliesandcombinationsinrestraint of trade (Rep- Act No' 296, Sec' 17 ' asamended by Rep. Act No. 5440 119681)'

2.3. with the court of Appeals, sandiganbayan and Regional Trial(inr rrts2.3.l.Petitionsforcertiorari,prohibition,andmandamusrelating to an act or omission of a municipal trial court, orof a corporation, a board, an officer, or person"2.3.2. petitions for issuance of writ of ampard (sec. 3, A.M.No. 07-9-12-SC or "The Rule on the Writ of Amparo,"etfective October 24, 2OO7) -

ffibefiledwiththeCourtofAppea|s;otherwise,theysha||bedismissed (A.M. No. gtr:gi-Sg). See also Torres, e[, at. v. Specialized- Packaging6;:;;t;i;e;t Corporatior, ei. at-, c.n. uo' 149634, August 6' 2004' 433 scRA 455'fi;;".;";, ; Gt[;" ior wit of habeas corpus invotvin-g custody of minors shall be filed with" r"mity iourt, or in the absence of its judge and in places where-there is no Family Court't," p"tiion may be neA wftn the Supreme-Court, Court of Appeals, or any of its members(Sec.20, A.M. No. 03-04-0+SC, effective May '15, 2003'){f""*""Li,luri"Oi"tion}oipetitions for quo wbrranto are concurent with the municipal coultsinsofar as barangay officials are concemed. As such, anyvoter contesting the electio.n ofany municipat or Oarantiy officer on.the ground of ineligibility or disloyalty to the Republic oftr.i Fftiiippi"es shall niEl i*o* petitiorifor quo warrinto with the Regional Trial Couft ory"topoiii"n, or Municipal Trial Court, respectively, within ten..days after the proclamation ofthe results of the etectiJn isee negatado, ilemediil Law, Vol. lll [2006], ciling Erccrtou Cooe119781, Art. )0/lll, Sec. 189, Par-2\., Although reference to inJ bupt"me Court has been removed in the amendment to Sec' 4'Rule 65 of the 1997 Rules of civil Procedure by v!rtge..o!. A.M. No. 07-7-12-SG datedDecember 12,2OO7 ,tft"'Supr"rrcourt still retains its jurisdiction over petitions for certiorari,mandamus, and prohibition, as per ConsrruroH, Frticle Vlll, Sec.5 (1) and (2)'...It isbelievedthatthisamendment,vrrhichunderscores@,wi||he|p;;;";;iflt; dogging oitt'" Supt"me Gourt's Aocrets affi@nts will be discouraged fromf;iing-putition" ,iir-""i' *tin the bupreme Court (See Rationale for the Amendment of Rules41, 45,58 and 65).d it " p"tit"rio-r_iGu"n"u of writ of amparo may be filed with the Supreme Court or any of itsiustices, the Court of Appeals, or the Sandiganbayan'

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2.3.3.Petitions for issuance of writ of fiabeas datae (Sec. 3,A. M. No. 08-1-1GSC, effective February 2,2008)-

2.4. with the Regional Trial CourtsActions affecting ambassadors and other public ministersand consuls (Corusrrurtoru, Art. Vlll, Sec- 5[1]; BatasPambansa Blg. 129, Sec. 2U2l)

B. Appellate Jurisdiction1. Ordinary Appeal by Notice of Appeal

From the Court of Appeals, in all criminal cases involvingoffenses for which the penalty imposed is reclusion perpetuarr.v rrrrl,r.vvrrlrrYILr Y' r-"-'-J -- --_'r----offenses committed on the same occasion or which arosecut of the same orcUrrence that gave rise to the moresevere offense for which the penalty of death is imposed(Sec. 13[c], Rule 124, as amended by A.M. No. 00-5-03-SC,effective October 15,2OO4, Sec. 13[b], Rule 124)

2. By Petition for Review on Certiorari2.1. Appeals from the Court of Appeals (Rep. Act No. 296,Sec. 17, as amended by Rep. Act No. 5440; Constitution,Art. Vlll, Sec. 5[2]; Rule 45, 1997 Rules of Civil Procedure)2.2. Appeals from the Sandiganbayan on pure questions oflaw, except cases where the penalty imposed isreclusion perpetua, life imprisonment, or death (Pres.Decree No. 1606, Sec. 7, as amended by Rep. Act No.

s The petition for issuance of writ of habeas data may be filed with the Supreme Court, or theCourt of Appeals, or the Sandiganbayan when the action concerns public data files ofgovemment offices.to The word "imposed" contemplates both situations where the Court of Appeals itself metesout reclusion perpetua,life imprisonment, or a lesser penalty but for offenses committed onthe same occasion or whictr arose out of the same occurrence that gave rise to the moreserious offense for which the penalty of reclusion perpetua or life imprisonment is imposed,or where it merely affirms the imposition of said penalties by the lower courts (Sec. 3[c], Rule12, as amended by A.M. No. 00-5-03-SC, effective October 15,2004; People vs. Mateo,G. R. Nos. 1 47 67 8-87, July 7, 2004, 433 SCRA 640).


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OUTLINE OF JURISDICTION8249; Nunez v. Sandiganbayan, Nos. 50581-50617,January 20,1982,111 SCRA 433; Rule 45, id.).

2.3. Appeals from judgments or final orders of the RegionalTrial Courts exercising original jurisdiction in thefollowing:a) All cases in which the constitutionality or validity ofany treaty, intemational or executive agreement,law, presidential decree, proclamation, order,instruction, ordinance, or regulation is in question;b) All cases involving the legality of any tax, impost,assessment, or toll, or any penalty imposed inrelation thereto;c) All cases in which the jurisdiction of any lowerd) All cases in which only an eror or question of lawis involved. (CorusrruroN, ArL Vlll, Sec. 5[2-a, b,cl; Rep. Act No. 296, Sec. 17, as amended; BatasPambansa Blg. 129, Sec. 9[3]; /d., Rule 45; id., Rule41, Sec. 2lcl; ld., Rule 122, Sec. 3[e]).

2.3.1. Appeals from decisions or final resolutions of theCourt of Tax Appeals 11 lRule 16, Sec. 1, A.M.No. 05-11-07-CTA, or "The Revised Rules of theCourt of Tax Appeals;" Sec. 1, Rule 45, asamended by A.M. No. 07-7-12-SC dated December12,2A07; See also Rep. Act No. 9282 [2004]).

3. By Special Civil Action of Gertiorari filed within thirty (30)days from notice of the iudgmenU final order/ resolutionsought to be revievved against the following: (Rule 64, 1997Rules of Givil Procedure)3.1. Commission on Elections (Cottstttuttott, Art. lX-A,Sec. 7; Aratuc v. COMELEC, No. 49705-09, February 8,1979, 88 SCRA 251).

" The procedure in the Court of Tax Appeals reveals that only decisions of said Court enbanc shall be appealable to the Supreme Court via a petition for review on certiorari. (SeeSec. 16, A.M. No. 0$.11-07-SCTA). This is because appeals from decisions and resolutionsof the Court of Tax Appeals Divisions fall under the exclusive appellate jurisdiction of theCourtofTax Appeals en banc-


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3.2. Commission on Audit (lbid., Corusrrurtox).

II. COURT OF APPEALSA. Original Jurisdiction

1. Exclusive1.1.Actions for annulment of judgments of the Regional TrialCourts (Batas Pambansa Blg. 129, Sec. 9[2]); 1997 Rules ofCivil Procedure, Rule 47).1.2. Petitions for certiorai, prohibition, and mandamus involvingan act or omission of a quasi-judicial agency, unless othenviseprovided by law (Rule 65, Sec. 4, as amended by A.M. No. 07-

2. Concurrent2.1. with the Supreme CourtRefer to2.1. above under 1.A., supra2.2. with the Supreme Court and RegionalTrial CourtsRefer to Sec. 2.2. above under 1.A., supra2.3. with the Supreme Court, Sandiganbayan, and Regional

Trial CourtsReferto 2.3. above under 1.A., supraB. Appellate Jurisdiction

1. Ordinary Appeal by Notice of Appeal or with Record on Appeal1.1. Appeals from the Regional Trial Courts, except thoseappealable to the Supreme Court under Sec. 2(3) of l.B. above.1.2. Appeals from the Regional Trial Courts on constitutional,tax jurisdictionai questions involving questions of fact or mixedquestions of fact and law or which should be appealed first tothe Court of Appeals (Republic Act No. 296 [1948] Sec. 17, par.4.4, as amended, which was not intended to be excluded byBatas Pambansa Blg. 129 [1983], Sec. 9[3]).


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OUTL]NE OF JURISDICTION

1.3. Appeals from the decisions and final orders of the FamilyCourts (Republic Act No. 8369 [1997], Sec. 14).1.4. Appeals from the Regional Trial Courts, where the penaltyimposed is reclusrbn perpetua, or life imprisonment, or where alesser penalty is imposed but for offenses committed on thesame occasion or which arose out of the same occunence thatgave rise to the more serious offense for which the penalty ofreclusion perpetua or life imprisonment is imposed (Rule 122,Sec. 3[c], as amended by A.M. No. 00-5-03-SC, effectiveOctober 15, 2004; People v. Mateo, G.R. Nos. 147678-87, July7,2004,433 SCRA 640)1.5. Direct appeal from land registration and cadastral casesdecided by metropolitan trial @urts, municipal trial courts, andmunicipal circuit trial courts based cn their delegatedJar,,"arrr*r*

2. Special civil action of certiorari (Rule 65) against decisionsand final resolutions of the National Labor RelationsCommission (A. M. No. 99-2-01-SC; SA Martin Funeral Homesv. National Labor Relations Commission, G.R. No. 13086,September 16, 1998, 295 SCRA 494; Torres, et al. v.Specialized Packaging Development Corp., et. ?1., G.R.No.149634, July 6,2004,433 SCRA 455)3. Automatic revieuy'3 in cases where the Regional Trial Gourtsimpose the death penaltyla (Secs. 3[dl and 10, Rule 122, as

tt Batas Pambansa Blg. 129, Sec. 34, as amended by Rep. Act No. 7591 states:Delegateci Jurisdiction in Cadastral and Land Registration Cases-Metropolitan Trial Courts, Municipal Circuit Trial Courb may be assigned bythe Supreme Court to hear and determine cadastral or land registrationcases covering lots where there is no confoversy or opposition, or contestedlots 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 claimantor by agreement of the respective claimants if there are more than one, orfrom the corresponding tax declaration of the real property. Their decisionsin these cases shall be appealable in the same manner as decisions of theRegionalTrial Courts.tt Notice that while Rule 122, Secs. 3[d] and 10, as amended by A.M. No. 00-5-0]SC, usethe words "automatic review," in People v. Mateo, G.R. Nos. 147678-87, July 7,2004, 433SCRA 640, the Supreme Court used the words 'intermediate revieu/' and explained therationale for such amendment:While the Fundamental Law requires mandatory review by theSupreme Court of cases wfiere the penalty imposed is reclusion perpetua,

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amended by A.M. No. 00-5-03-SC, effective October {5, 2004;People vs. Mateo, supral4. Petition for Review

4.1. Appeals from the Civil Service Commission (Rep. Act No.7902119951; Rule 43, 1997 Rules of Civil Procedure).4.2. Appeals from the Regional Trial Courts in casesappealed from the Metropolitan Trial Courts and MunicipalCircuit Trial Courts, which are not a matter of right (BatasPambansa Blg. 129 [1983], Sec. 22; Rule 42, 1997 Rules ofCivil Procedure; Rule 122, Sec.3[b]).4.3. Appeals from awards, judgments, final orders, orresolutions of, or authcrized by, quasi-judicial agencies in the

1. Securities and Exchange Commission;2. Office of the President;3. Land Registration Authority;4. Social Security Commission;5. Civil Aeronautics Board;6. Intellectual Property ffice (formerly the Bureau ofPatents, Trademarks, and Technology Transfer);7 . National Elec*rification Administration;8. Energy Regulatory Board;9. National Telecommunications Commission;10. Department of Agrarian Reform under Rep. Act No.

life imprisonment, or death, nowtrere, however, has it proscribed anintermediate review. lf only to ensure utmost circumspection before thepenalty of death, reclusion perpetua or life imprisonment is imposed, theGourt now deems it wise and compelling to provide in these cases a reviewby the Court of Appeals before the case is elevated to the Supreme Court. xx x tf the Court of Appeals should affirm the penalty of death, reclusionperpetua, or life imprisonment, it could then render judgment imposing thecorresponding penalty as the circumstances so wanant, refrain from enteringjudgment and elevate the entire records of the case to the Supreme Court forits final disposition.1a ln People v. Bunaladi, G.R. No. UDK-13384, October 18,2004, the Supreme Gourt statedthat no notice of appeal is necessary in cases nhere the death penalty is imposed by theRegional Trial Court. ln People v. Rocha, G.R. No. 173797, August 3'1,2007,531 SCRA 761the Supreme Court darified that there is no mandatory review in cases where the penaltyimposed is reclusion perpetua or life imprisonment.Note, hovrrever, that the imposition of the death penalty has been suspended by RepublicAct No. 9346 or "An Act Prohibiting the lmposition of Death Penalty in the Philippines,'approved on June 24,2006.

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6657;11. Govemment Service Insurance System;1 2. Employees Compensation Commission ;1 3. Agricultural Inventions Board;1 4. I nsurance Commission;15. Philippine Atomic Energy Commission;16. Board of Investments;1 7. Construction Industry Arbitration Commission;18.Voluntary arbitrators authorized by law; and19. Decisions of Special Agrarian Courts

4.4. Appeals from the National Commission on lndigenousPeoples (NCIP) (Rep.Act No. 8371 119971, Sec. 67).4.5. Appeals from the Office of the Ombudsman inadministrative disciplinary cases (A.M. No. 99-2-02-SC; Fabianv. Desierto, G.R. No. '129742, September 16, 1998, 295 SCRA47O).

III. SANDIGANBAYANA. Original Jurisdiction

1. Exclusive1.1. Violation of Rep. Act No. 3019 [1960] (Anti-Graft), Rep.Act No. 1379 [1955] and Chapter ll, Sec.2, Title Vll of theRrvtseo PEruel Coor; and other offenses committed by publicofficials and employees in relation to their office, and privateindividuals charged as co-principals, accomplices, andaccessories induding those employed in govemment-owned-or-controlled-corporations, where one or more of the accusedare officials occupying the following positions in government,whether in a permanent, acting, or interim capacity, at the timeof the commission of the offense:

1. Officials of the Executive Branch rco< classified assalary grade "27" or higher >oo< speciflcally including >ooooooo


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1.1.9. Violations of Rep. Act No. 9160, or "Anti-MoneyLaundering Act of 2OA1," as amended by Rep. Act No.9194.1s

1.2. Concurrent1.2.1.with the Supreme CourtActions affecting ambassadors and other public ministersand consuls (Batas Pambansa Blg. 129 119831, Sec.21[1])1 .2.2.with the Supreme Court and Court of AppealsPetitions for habeas corpus and quo wananto.

Sandiganbayan1.2.3.1. Petitions for writ of amparo and writof habeas dafa (Sec. 3, A.M. No. 07-9-12-SC, or"The Rule on the Writ of Amparo," effectiveOctober 24, 2OO7; Sec. 3, A.M. No. 08-1-16-SC,effective February 2, 2008).1.2.3.2. Petitions for certiorari, prohibition,and mandamus, if they relate to an act or omissionof a municipal trial court, corporation, board,officer, or person (Sec. 4, Rule 65, as amended byA.M. No. O7-7-12-SC, dated December 12,2007).

1.2.4. with the Metropolitan Trial Courts, Municipal TrialCourts, and Municipal Circuit Trial CourtsApplication for Protection Order underRepublic Act No. 9282, Sec. 10, unless thereis a Family Court in the residence ofpetitioner.

1.2.5. with the lnsurance CommissionClaims not exceeding F100,000.00 (llsunarucrCoor 119741, Sec. 416; Pres. Decree No. 612

'n When private persons commit crimes in conspiracy with publicbelongs to the Sandiganbayan.A-'12

officers, the jurisdiction


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OUTLINE OF JURISDTCTION

[1975]). Applicable if subject of the action is notcapable of pecuniary estimation; otherwise,jurisdiction is concurrent with Metropolitan TrialCourt. etc.2. Criminal

2.1. ExclusiveCriminal cases not within the exclusive jurisdiction of anycourt, tribunal, or body (Batas Pambansa Blg. 129 [1983],Sec. 20). These include criminal cases where the penaltyprovided by law exceeds six (6) years imprisonmentinespective of the fine (Republic Act No. 7691 [1994]).20These also indude criminal cases not falling within theexclusive original .lutisdiction of the Sandiganbayan, whereto salary grade "27" and higher (Rep.Act No. 7975 and Rep.Act No. 8249).But in cases where the only penalty provided by law is a flne,the Regional Trial Courts have jurisdiction if the amount ofthe fine exceeds P1,000.00. (Rep. Act No. 7691 as clarifiedby Administrative Circular No. 09-94 dated June 14, 1994).Jurisdiction over the whole complex crime is lodged with thetrial court having jurisdiction to impose the maximum andmost serious penalty imposable for an offense forming partof the complex crime.21

B. Appellate JurisdictionAll cases decided by lower courts (Metropolitan Trial Courts,etc.) in their respective tenitorial jurisdictions (Batas PambansaBlg. 129, Sec.22).

to However, Family Courts have exclusive original jurisdiction over criminal cases where oneor more of the accused is below eighteen (18) years of age but not less than nine (9) years ofage, or where one or more of the victims is a minor at the time of the commission of theqffense (Rep. Act No. 8369 [1997], Sec. 5(a))." Cuyos v. Garcia, G.R. No. 46934,April 15, 1998, 160 SCRA 302.A-13


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V. FAMILY COURTSA. Exclusive and Original Jurisdiction

1. Criminal cases" where one or more of the accused is beloweighteen (18) years of age but not less than nine (9) years of age,23when one or more of the victims is a minor at the time of thecommission of the offense: Provided, That if the minor is foundguilty, the court shall promulgate sentence and ascertain any civilliability which the accused may have incuned. The sentence,however, shall be suspended without need of application, pursuantto Pres. Decree No. 1903, othenruise known as "The Child andYouth Welfare Code;"Petitions for guardianship, custody of children, and habeas corpusin relation to the latter (Sec. 3, A.M. No. 03-04-04-SC, effectiveMay 15,2003; Sec. 3, A.M. No. 03-02-05-SC, effective April 15,

2.

2003);Petitions for adoption of children and the revocation thereof (Secs.A.20 and 8.28, A.M. No. 02-6-02-SC, effective August 22, 2OO2;See also Rep. Act No. 9523, or "An Act Requiring Certification ofthe Department of Socia! Welfare and Development to Declare AChild 'Legally Available for Adoption' as a Prerequisite for AdoptionProceedings, Amending for this Purpose Certain Provisions ofRepublic Act No. 8552, othenrvise known as The DomesticAdoption Act of 1998, Rep. Act No. 8043, otherwise known as Thelnter-Country Adoption Act of 1995, Pres. Decree No. 603,otherwise known as The Child and Youth Welfare Code, and forOther Purposes," approved on March 12,2OO9);Complaints for annulment of marriage, declaration of nullity ofmaniage, and those relating to marital status and property relationsof husband and wife or those living together under different statusand agreements, and petitions for dissolution of conjugalpartnership of gains (Sec. 2, A.M. No. 02-11-10-SC, effectiveMarch 15, 2003);

- These include acts of tafficking, wftere one of the tafficked persons is a 'child," as definedby Rep. Act No. 9208 ("Anti-Trafficking in Persons Act of 2003"), approved on May 26,2003.o However, note that Rep. Act No. 9344, Sec. 6, or The Juvenile Justice and Welfare Ac{ of2006," approved on April 28, 2006, has set the minimum age of criminal responsibiiity. Thus,a child fifteen (15) years of age or under at the time of the commission of the offense shall beexempt from criminal liability but shall be subjected to an intervention program. A child abovefifteen ('15) years but below eighteen (18) years of age shall likewise be exempt from criminalliatility and shall be subjected to an intervention program, unless he/ she has acted withdiscernment, in which case he/ she shall be subjected to the appropriate proceedings inaccordance with Rep. Act No. 9344.

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4.

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5. Petitions for involuntary commitment of a child, for removal ofcustody against child-placement or child-caring agency orindividual, and for commitment of disabled child (Secs. 4[b], S[a][ii],6[b], A.M. No. 02-1-1g-SC, effective April 15,2002);6. Petitions for support and/ or acknowledgment;7. Summary judicial proceedings brought under the provisions ofExec. Order No. 209, othenrvise known as "The Family Code of thePhilippines;"L Petitions for declaration of status of children as abandoned,dependent, or neglected children, petitions for voluntary orinvoluntary commitment of children, the suspension, termination, orrestoration of parental authority and other cases cognizable underPres. Decree No. 6C3, Executive Order No. 56 (series of 1985) and

other related laws;9. Petitions for epnstitution of family home,2a10. Cases against minors cognizable under Rep. Act No. 9165, or "TheComprehensive Dangerous Drugs Act of 2QA2" (See also A.M. No.07-8-2-SC, effective November 5, 2007); andll.Violation of Rep. Act No.7610 [1991], othenruise known as the"special Protection of Children Against Child Abuse, Explorationand Discrimination Act," as amended by Rep. Ac1 No. 7658 [1993]and as further amended by Rep. Act No. 9231 [2003].l2.Violation of Rep. Act No. 9775, otherwise known as the "Anti-ChildPornography Act of 2009"13. Cases of domestic violence against:

13.1. Women - which are acts of gender based violence thatresults, or are likely to result in physical, sexual or psychologicalharm or suffering to women; and other forms of physical abusesuch as battering or threats and coercion which Molate awoman's personhood, integrity and freedorn of movement; and13.2. Children - which include the commission of all forms ofabuse, neglect, cruelty, erploitation, violenoe, and discriminationand all other conditions prejudicial to their development.2s

2a Repealed by Exec. Order No. 209, or "The Family Code of the Philippines."A-15


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Cases of violence against women and their children under Rep.Act No. 9262, otherwise known as "Anti-Violence AgainstWomen and their Children Act of 2AA4,"26 including applicationsfor Protection Order under the same Act;27 andCriminal ses involMng juveniles if no preliminary investigationis required under Sec. 1, Rule 112 of ReMsed Rules on CriminalProcedure" (Sec. 1, A.M. No. 02-1-18-SC, effective April 15,2AO2\.

VI. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,MUNICIPAL CIRCUIT TRIAL COURTS, AND MUNICIPAL TRIALCOURTS IN CITIESA. Originat2s Jurisdiction

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1. Civil1 .1 . Exclusive

1.1.1. Actions involving personal property valued at notmore than P300,000.00 or in Metro ManilaP$00,000.00;1.1.2. Actions demanding sums of money not exceedingP300,000.00 or in Metro Manila P100,000.00; in both

'u lf an act constitutes a criminal offense, the accused or batterer shall be subject to criminalproceedings and the conesponding penalties. lf any question involving any of the abovematters should arise as an incident in any case pending in the regular courts, said incidentshall be determined in that court.'u In the absence of a Family Court in the place where the offense was committed, the caseshall be filed in the Regional Trial Court where the crime or any of its elements wascommitted at the option of the complainant.2t Where no Family Court exists in the place of residence of petitioner, applications forTemporary Protection Order and Permanent Protection Order are filed in the Regional TrialCourt, Metropolitan Trial Court, Municipal Trial Gourt, or Municipal Circuit Trial Court withterritorialjurisdiction over the place of residence of petitioner.tu'SEcTf ON 1. Preliminary investigation defined;when required. -xxxxExcept as provided in Section 7 of this Rule, a preliminary investigation is required tobe conducted before the filing of a complaint or information for an offense where the penaltyprescribed by law is at least four (4) years, trlro (2) months and one (1) day without regard tothe fine."tn The of d rates in 1 .1 .1 , '1.1.2 and 1.1.6 were P100,000.00 or less, outside of Metro Manila,and F200,000.00 or less, in Metro Manila. These rates have now been increased toF300,000.00 and P400,000.00 respectively, based on the principle of automatic expansionunder Rep. Act No.7691, amending Batas Pambansa Blg. 129.

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lrOUTLINE OF JURISDICTION

cases, exclusive of interest, damages, attorney's fees,litigation expenses and costs, the amount of whichmust be specifically alleged, but the filing fees thereonshall be paid. These indude admiralty and maritimeCASES:

1.1.3. Actions involving title or possession of real propertywhere the assessed value does not exceedF20,000.00 or in Metro Manila P50,000.00;1.1.4. Provisional remedies in principal actions within theirjurisdiction, and in proper cases, such as preliminaryattachment, preliminary injunction, appointment orreceiver and delivery of personal property; (Rule 57,58, 59, and 60)

possession;1 .1 .6. Probate proceedings, testate or intestate, wheregross value of estate does not exceed P300,000.00 orin Metro Manila P100,000.00 (Batas Pambansa Blg.129, Sec. 33, as amended by Rep. Act No. 7691);and1.1.7. Inclusion and exclusion of voters. (Sec. 38, BatasPambansa Blg. 881, Omnibus Election Code of thePhilippines [1985]).

1.2. Delegated3oCadastral and land registration cases assigned by theSupreme Court where there is no controversy or oppositionand in contested lots valued at more than P100,000.00(Batas Pambansa Blg. 129, Sec. 34, as amended by Rep.Act No. 7691).

1.3. SpecialPetition for habeas corpus in the absence of all RegionalTriai Couri judges (Batas Pambansa Blg. 129, Sec.35).

to See 1.5 of 8.1. under ll, Court of Appeals, supraA-17


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.iOUTLINE OF JURISDICTION

2. Criminal2.1. Exclusive

2.1.1.A11 violations of city or municipal ordinances committedwith i n thei r respective tenitori al juri sdicti ons;2.1.2.A11offenses punishable with imprisonment of not morethan six (6) years irrespective of the fine and regardless ofother imposable accessory or other penalties and the ciMlliability arising therefrom; provided, however, that in offensesinvolving damage to property through criminal negligence,they shall have exclusive original jurisdiction (BatasPambansa Blg. 129, Sec. 32, as amended by Rep. Act No.7691);312.1.3.A11 offenses committed not falling within the exclusiveongtnal Junsclrctron of the SandtganDayan wnere none oT Ineaccused is orcupying a position conesponding to salarygrade "27" and higher (As amended by Rep. Act No. 7975and Rep. Act No. 8249); and2.1.4.1n cases where the only penalty provided by law is afine not exceeding P4,000.00, the Metropolitan Trial Courts,etc. have jurisdiction (Administrative Circular No. 09-94,dated June 14, 1994).

2.2. SpecialApplications for bail in the absence of all Regional TrialCourt judges. (Batas Pambansa Blg. 129, Sec. 35).

31 Jurisdiction over the whole complex crime lies with the trial court having jurisdiction toimpose the maximum and most serious penalty imposable for an offense forming part of thecompfex crime. (See Cuyos v- Garcia, G.R. No. 46934, April 15, 1988, 160 SCRA 302).Thus, where the imposable penalty for the physical injuries charged rivould come within thejurisdic{ion of the Municipal Trial Court, while the fine for the damage to the property wouldfall on the Regional Trial Court, the court that would take cognizance of the case must bedetermined not by the corresponding penalty for the physical injuries charged but by the fineimposable for the damage to the property resulting fiom the reckless imprudence.A-18

Documents

Legal Writing-Outline of Jurisdiction.pdf