Beruflich Dokumente
Kultur Dokumente
Mandatory Readings
1987 Constitution
1991 Revised Rule on Summary Procedure
1997 Rules of Civil Procedure
A.M. 99-2-01-SC
A.M. No. 00-2-14-SC
A.M. No. 02-1-06-SC
A.M. No. 02-11-10-SC (March 15, 2003)
A.M. No. 02-11-11-SC (March 15, 2003)
A.M. No. 02-11-12-SC (March 15, 2003)
A.M. No. 03-1-09-SC (July 13, 2004)
A.M. No. 04-10-11-SC (November 15, 2004)
A.M. No. 04-9-07-SC
A.M. No. 07-9-12-SC 25 (September 25, 2007) (Rule on the Writ of Amparo)
A.M. No. 08-1-16-SC (Rule on the Writ of Habeas Data)
A.M. No. 08-8-7-SC (October 1, 2008)
A.M. No. 88-1-6460, March 3, 1988
A.O. 33
B.P. 129 (as am. By R.A. 7691 and R.A. 7902)
B.P. 68
Bar Matter No. 1132
Bar Matter No. 1922
Bar Matter No. 287 (September 26, 2000)
Civil Code
E.O. 209 (Family Code)
family courts under R.A. 8369 (Family Courts Act of 1997)
OCA Cir. No. 39-98
P.D. 1079
P.D. 1083
P.D. 1486
P.D. 1606, as amended by RA 7975
P.D. 1818 (1989)
P.D. 442, as amended by RA 6715 Private Juridical Entity)
P.D. 537
R.A. 4883
R.A. 6657
R.A. 6734
R.A. 6809
R.A. 7160, secs. 399-422 (Revised Katarungang Pambarangay Law)
R.A. 7691
R.A. 8249
R.A. 8369
R.A. 8799 (Securities Regulation Code)
R.A. 8974
R.A. 8975
R.A. 9285
SC A.M. 03-1-09-SC
SC A.M. 7-7-12 (December 4, 2007)
SC A.M. 7-7-12 (December 4, 2007)
SC A.M. No. 04-7-03-SC (July 13, 2004)
SC A.M. No. 11-3-6-SC (New Rule on Service of Summons on Foreign
SC A.M. No. 7-7-12 (December 4, 2007)
SC A.M. No. 99-2-04-SC
SC Adm. Cir. No. 7-A-92 (June 21, 1993)
SC Adm. Memo. No. 01-2-04
SC Admin. Cir. 20-95 (February 12 ,1995)
SC Admin. Cir. 29-2002 (July 1, 2002)
SC Admin. Cir. 3-96 (February 9, 1993)
SC Admin. Cir. 38-2002 (August 28, 2002)
SC Admin. Cir. No. 11-2000
SC Admin. Cir. No. 3-96 (supra, see Rule 45)
SC Admin. Circular 09-94 (June 14, 1994)
SC Admin. Circular 09-94 (June 4, 1994)
SC Cir. 1-89
SC Cir. 10-25-2000
SC Cir. 13-93
SC Cir. 48-2000
SC Cir. 5-98 (January 12, 1998)
SC Cir. 6-93 (February 9, 1993)
SC Cir. 68-94 (November 3, 1994)
SC Cir. No. 11-99 (transfer to RTC from MTC of cases w/in jurisdiction of
SC Circular 2-89
SC Circular 38-97
SC Circular No. 48-2000
SC Resol. A.M. No. 99-2-01
SC Resolution of February 17, 1998
SC Resolution of February 9, 1999 re A.M. No. 99-2-01-SC
Jurisprudence
JUDICIAL POWER
Article VIII:
Section 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
(6) Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
Rule 63:
Section 1. Who may file petition. Any person interested under a deed, will,
contract or other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance, or any other governmental regulation
may, before breach or violation thereof bring an action in the appropriate
Regional Trial Court to determine any question of construction or validity
arising, and for a declaration of his rights or duties, thereunder. (Bar Matter
No. 803, 17 February 1998)
Article VII:
No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular election for President and Vice-
President shall be held on the second Monday of May.
The returns of every election for President and Vice-President, duly certified
by the board of canvassers of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not later than thirty
days after the day of the election, open all the certificates in the presence of
the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.
The person having the highest number of votes shall be proclaimed elected,
but in case two or more shall have an equal and highest number of votes, one
of them shall forthwith be chosen by the vote of a majority of all the Members
of both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests
relating to the election, returns, and qualifications of the President or Vice-
President, and may promulgate its rules for the purpose.
Article VII:
The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without
need of a call.
The suspension of the privilege of the writ of habeas corpus shall apply only
to persons judicially charged for rebellion or offenses inherent in, or directly
connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three days,
otherwise he shall be released.
Civil Code:
Art. 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Article VIII:
Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
Rule 56:
Article VI:
Section 30. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and
concurrence.
PRESCRIBED JURISDICTION
Rule 9:
Civil Code:
R.A. 7691:
Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.
ACQUIRED JURISDICTION
Rule 14:
Section 1. Clerk to issue summons. Upon the filing of the complaint and
the payment of the requisite legal fees, the clerk of court shall forthwith issue
the corresponding summons to the defendants. (1a)
Section 2. Contents. The summons shall be directed to the defendant,
signed by the clerk of court under seal and contain (a) the name of the court
and the names of the parties to the action; (b) a direction that the defendant
answer within the time fixed by these Rules; (c) a notice that unless the
defendant so answers plaintiff will take judgment by default and may be
granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem if any,
shall be attached to the original and each copy of the summons. (3a)
Section 15. Extraterritorial service. When the defendant does not reside
and is not found in the Philippines, and the action affects the personal status
of the plaintiff or relates to, or the subject of which is, property within the
Philippines, in which the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the
defendant has been attached within the Philippines, service may, by leave of
court, be effected out of the Philippines by personal service as under section
6; or by publication in a newspaper of general circulation in such places and
for such time as the court may order, in which case a copy of the summons
and order of the court shall be sent by registered mail to the last known
address of the defendant, or in any other manner the court may deem
sufficient. Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) days after notice, within which the
defendant must answer. (17a)
Section 20. Voluntary appearance. The defendant's voluntary appearance
in the action shall be equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of jurisdiction over the
person of the defendant shall not be deemed a voluntary appearance. (23a)
Section 15. Extraterritorial service. When the defendant does not reside
and is not found in the Philippines, and the action affects the personal status
of the plaintiff or relates to, or the subject of which is, property within the
Philippines, in which the defendant has or claims a lien or interest, actual or
contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the
defendant has been attached within the Philippines, service may, by leave of
court, be effected out of the Philippines by personal service as under section
6; or by publication in a newspaper of general circulation in such places and
for such time as the court may order, in which case a copy of the summons
and order of the court shall be sent by registered mail to the last known
address of the defendant, or in any other manner the court may deem
sufficient. Any order granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) days after notice, within which the
defendant must answer. (17a)
Rule 18:
Rule 10:
Supreme Court
Article VIII:
Section 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
(6) Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
Article IX-A:
B.P. 129:
The court of Appeals shall have the power to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual
issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or Appeals must be
continuous and must be completed within three (3) months, unless extended
by the Chief Justice. (as amended by R.A. No. 7902.)
Rule 43:
Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies to
the Court of Appeals
Section 1. Scope. This Rule shall apply to appeals from judgments or final
orders of the Court of Tax Appeals and from awards, judgments, final orders
or resolutions of or authorized by any quasi-judicial agency in the exercise of
its quasi-judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities and Exchange
Commission, Office of the President, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government
Service Insurance System, Employees Compensation Commission,
Agricultural Invention Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law. (n)
Section 2. Cases not covered. This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines. (n)
Section 4. Period of appeal. The appeal shall be taken within fifteen (15)
days from notice of the award, judgment, final order or resolution, or from the
date of its last publication, if publication is required by law for its effectivity, or
of the denial of petitioner's motion for new trial or reconsideration duly filed in
accordance with the governing law of the court or agency a quo. Only one (1)
motion for reconsideration shall be allowed. Upon proper motion and the
payment of the full amount of the docket fee before the expiration of the
reglementary period, the Court of Appeals may grant an additional period of
fifteen (15) days only within which to file the petition for review. No further
extension shall be granted except for the most compelling reason and in no
case to exceed fifteen (15) days. (n)
Upon the filing of the petition, the petitioner shall pay to the clerk of court of
the Court of Appeals the docketing and other lawful fees and deposit the sum
of P500.00 for costs. Exemption from payment of docketing and other lawful
fees and the deposit for costs may be granted by the Court of Appeals upon a
verified motion setting forth valid grounds therefor. If the Court of Appeals
denies the motion, the petitioner shall pay the docketing and other lawful fees
and deposit for costs within fifteen (15) days from notice of the denial. (n)
Section 6. Contents of the petition. The petition for review shall (a) state
the full names of the parties to the case, without impleading the court or
agencies either as petitioners or respondents; (b) contain a concise statement
of the facts and issues involved and the grounds relied upon for the review;
(c) be accompanied by a clearly legible duplicate original or a certified true
copy of the award, judgment, final order or resolution appealed from, together
with certified true copies of such material portions of the record referred to
therein and other supporting papers; and (d) contain a sworn certification
against forum shopping as provided in the last paragraph of section 2, Rule
42. The petition shall state the specific material dates showing that it was filed
within the period fixed herein. (2a)
Section 8. Action on the petition. The Court of Appeals may require the
respondent to file a comment on the petition not a motion to dismiss, within
ten (10) days from notice, or dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration. (6a)
Section 10. Due course. If upon the filing of the comment or such other
pleadings or documents as may be required or allowed by the Court of
Appeals or upon the expiration of the period for the filing thereof, and on the
records the Court of Appeals finds prima facie that the court or agency
concerned has committed errors of fact or law that would warrant reversal or
modification of the award, judgment, final order or resolution sought to be
reviewed, it may give due course to the petition; otherwise, it shall dismiss the
same. The findings of fact of the court or agency concerned, when supported
by substantial evidence, shall be binding on the Court of Appeals. (n)
Section 11. Transmittal of record. Within fifteen (15) days from notice that
the petition has been given due course, the Court of Appeals may require the
court or agency concerned to transmit the original or a legible certified true
copy of the entire record of the proceeding under review. The record to be
transmitted may be abridged by agreement of all parties to the proceeding.
The Court of Appeals may require or permit subsequent correction of or
addition to the record. (8a)
Section 12. Effect of appeal. The appeal shall not stay the award,
judgment, final order or resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it may deem just. (10a)
Section 13. Submission for decision. If the petition is given due course, the
Court of Appeals may set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days from notice. The case
shall be deemed submitted for decision upon the filing of the last pleading or
memorandum required by these Rules or by the court of Appeals. (n)
PD 1606 (unamended):
A petition for reconsideration of any final order or decision maybe filed within
(15) days from promulgation or notice of the final order or judgment, and such
petition for reconsideration shall be decided within thirty (30) days from
submission thereon.
Court of Appeals
B.P. 129:
The court of Appeals shall have the power to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual
issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or Appeals must be
continuous and must be completed within three (3) months, unless extended
by the Chief Justice. (as amended by R.A. No. 7902.)
Rule 43:
Section 1. Scope. This Rule shall apply to appeals from judgments or final
orders of the Court of Tax Appeals and from awards, judgments, final orders
or resolutions of or authorized by any quasi-judicial agency in the exercise of
its quasi-judicial functions. Among these agencies are the Civil Service
Commission, Central Board of Assessment Appeals, Securities and Exchange
Commission, Office of the President, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government
Service Insurance System, Employees Compensation Commission,
Agricultural Invention Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law. (n)
Section 2. Cases not covered. This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines. (n)
SC A.M. 7-7-12:
B.P. 129:
Section 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise
exclusive original jurisdiction:
(1) In all civil actions in which the subject of the litigation is incapable of
pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real property,
or any interest therein, where the assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro
Manila, where such the value exceeds Fifty thousand pesos (50,000.00)
except actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction where he demand or
claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro
Manila, where such demand or claim exceeds Two hundred thousand
pesos (200,000.00);
(4) In all matters of probate, both testate and intestate, where the gross value
of the estate exceeds One hundred thousand pesos (P100,000.00) or, in
probate matters in Metro Manila, where such gross value exceeds Two
hundred thousand pesos (200,000.00);
(5) In all actions involving the contract of marriage and marital relations;
(6) In all cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising jurisdiction or any court, tribunal, person or
body exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the
Courts of Agrarian Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value
of the property in controversy exceeds One hundred thousand pesos
(100,000.00) or, in such other abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)
RA 7691:
B.P. 129:
Section 21. Original jurisdiction in other cases. Regional Trial Courts shall
exercise original jurisdiction:
(2) In actions affecting ambassadors and other public ministers and consuls.
Section 23. Special jurisdiction to try special cases. The Supreme Court
may designate certain branches of the Regional Trial Courts to handle
exclusively criminal cases, juvenile and domestic relations cases, agrarian
cases, urban land reform cases which do not fall under the jurisdiction of
quasi-judicial bodies and agencies, and/or such other special cases as the
Supreme Court may determine in the interest of a speedy and efficient
administration of justice.
Rule 1:
Section 4. In what case not applicable. These Rules shall not apply to
election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases not herein provided for, except by analogy or in
a suppletory character and whenever practicable and convenient. (R143a)
Rule 143:
These rules shall not apply to land registration, cadastral and election cases,
naturalization and insolvency proceedings, and other cases not herein
provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.
SC Admin. Circular 09-94:
For the guidance of the bench and the Bar, the following guidelines are to be
followed in the implementation of Republic Act No. 7691, entitled "An Act
Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas
Pambansa Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act of
1980":
R.A. 7691:
For the information and guidance of all concerned, quoted hereunder is the
resolution of the Court En Banc dated February 9, 1999 in A.M. No. 99-1-13-
SC Re: Transfer to Regional Trial Courts of cases falling within the
jurisdiction of the family courts from the Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.
WHEREAS, on the other hand, Section 5 of Republic Act No. 8369, otherwise
known as the Family Courts Act of 1997, provides that the Family Courts shall
have original jurisdiction to hear and decide the following cases, regardless of
the penalty imposable by law:
Rule 47:
Section 1. Coverage. This Rule shall govern the annulment by the Court of
Appeals of judgments or final orders and resolutions in civil actions of
Regional Trial Courts for which the ordinary remedies of new trial, appeal,
petition for relief or other appropriate remedies are no longer available
through no fault of the petitioner. (n)
Extrinsic fraud shall not be a valid ground if it was availed of, or could have
been availed of, in a motion for new trial or petition for relief. (n)
Section 3. Period for filing action. If based on extrinsic fraud, the action
must be filed within four (4) years from its discovery; and if based on lack of
jurisdiction, before it is barred by laches or estoppel. (n)
The petition shall be filed in seven (7) clearly legible copies, together with
sufficient copies corresponding to the number of respondents. A certified true
copy of the judgment or final order or resolution shall be attached to the
original copy of the petition intended for the court and indicated as such by the
petitioner.
The petitioner shall also submit together with the petition affidavits of
witnesses or documents supporting the cause of action or defense and a
sworn certification that he has not theretofore commenced any other action
involving the same issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or agency if there is such other
action or proceeding, he must state the status of the same, and if he should
thereafter learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or different divisions thereof,
or any other tribunal or agency, he undertakes to promptly inform the
aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom. (n)
Section 5. Action by the court. Should the court find no substantial merit in
the petition, the same may be dismissed outright with specific reasons for
such dismissal.
Should prima facie merit be found in the petition, the same shall be given due
course and summons shall be served on the respondent. (n)
B.P. 129:
Section 28. Other Metropolitan Trial Courts. The Supreme Court shall
constitute Metropolitan Trial Courts in such other metropolitan areas as may
be established by law whose territorial jurisdiction shall be co-extensive with
the cities and municipalities comprising the metropolitan area.
Section 29. Municipal Trial Courts in cities. In every city which does not
form part of a metropolitan area, there shall be a Municipal Trial Court with
one branch, except as hereunder provided:
Section 30. Municipal Trial Courts. In each of the municipalities that are not
comprised within a metropolitan area and a municipal circuit there shall be a
Municipal Trial Court which shall have one branch, except as hereunder
provided:
Section 31. Municipal Circuit Trial Court. There shall be a Municipal Circuit
Trial Court in each area defined as a municipal circuit, comprising one or
more cities and/or one or more municipalities. The municipalities comprising
municipal circuits as organized under Administrative Order No. 33, issued on
June 13, 1978 by the Supreme Court pursuant to Presidential Decree No.
537, are hereby constituted as municipal circuits for purposes of the
establishment of the Municipal Circuit Trial Courts, and the appointment
thereto of Municipal Circuit Trial Judges:Provided, however, That the
Supreme Court may, as the interests of justice may require, further reorganize
the said courts taking into account workload, geographical location, and such
other factors as will contribute to a rational allocation thereof, pursuant to the
provisions of Presidential Decree No. 537 which shall be applicable insofar as
they are not inconsistent with this Act.
The Supreme Court shall determine the city or municipality where the
Municipal Circuit Trial Court shall hold sessions.
A.O. 33:
P.D. 537:
A.M. No. 08-8-7-SC:
RESOLUTION
Pursuant to the action of the Court en banc in its session held on October 27,
2009, Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small
Claims Cases, including the attached Forms, are AMENDED to read as
follows:
Section 11. Response. - The defendant shall file with the court and serve on
the plaintiff a duly accomplished and verified Response within a non-
extendible period of ten (10) days from receipt of summons. The Response
shall be accompanied by certified photocopies of documents, as well as
affidavits of witnesses and other evidence in support thereof. No evidence
shall be allowed during the hearing which was not attached to or submitted
together with the Response, unless good cause is shown for the admission of
additional evidence.
Section 12. Effect of Failure to File Response. - Should the defendant fail to
file his Response within the required period, AND LIKEWISE FAIL TO
APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL
RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY
THE FACTS.
(e) Motion for extension of time to file pleadings, affidavits, or any other
paper;
(f) Memoranda;
(j) Reply;
(l) Interventions.
Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS
TO BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIR
DISPUTE. Any settlement ( Form 7-SCC ) or resolution ( Form 8-SCC ) of the
dispute shall be reduced into writing, signed by the parties and submitted to
the court for approval ( Form 12-SCC ).
The amendments of the Rule shall take effect on November 3, 2009 following
its publication in two (2) newspapers of general circulation.
B.P. 129:
(1) Exclusive original jurisdiction over civil actions and probate proceedings,
testate and intestate, including the grant of provisional remedies in proper
cases, where the value of the personal property, estate, or amount of the
demand does not exceed One hundred thousand pesos (P100,000.00) or, in
Metro Manila where such personal property, estate, or amount of the demand
does not exceed Two hundred thousand pesos (P200,000.00) exclusive of
interest damages of whatever kind, attorney's fees, litigation expenses, and
costs, the amount of which must be specifically alleged: Provided, That where
there are several claims or causes of action between the same or different
parties, embodied in the same complaint, the amount of the demand shall be
the totality of the claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions;
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the
question of ownership in his pleadings and the question of possession cannot
be resolved without deciding the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of possession.
(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed value
of the property or interest therein does not exceed Twenty thousand pesos
(P20,000.00) or, in civil actions in Metro Manila, where such assessed value
does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be determined by the
assessed value of the adjacent lots. (as amended by R.A. No. 7691)
Section 35. Special jurisdiction in certain cases. In the absence of all the
Regional Trial Judges in a province or city, any Metropolitan Trial Judge,
Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide
petitions for a writ of habeas corpus or applications for bail in criminal cases in
the province or city where the absent Regional Trial Judges sit.
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).
Special Courts
Article XIII:
P.D. 1486:
P.D. 1083:
R.A. 6734:
R.A. 8369:
R.A. 6657:
R.A. 8799: