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)
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
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 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
SC Circular 2-89
SC Circular 38-97
SC Circular No. 48-2000
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:
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 Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within thirty days from its
filing.
A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and agencies over
civilians where civil courts are able to function, nor automatically suspend the
privilege of the writ of habeas corpus.
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:
Section 3. Mode of appeal. An appeal to the Supreme Court may be taken
only by a petition for review on certiorari, except in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment. (n)
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.
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:
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.
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five
(5) divisions of three justices each. The five (5) may sit at the same time.
"The first three divisions shall be stationed in the Metro Manila area, the fourth
division shall be in Cebu City for cases coming from the Visayas region, and
the fifth division shall be in Cagayan de Oro City for cases coming from the
Mindanao region.
"(5) All other national and local officials classified as Grade "27"
and higher under the Compensation and Position Classification
Act of 1989;
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A.
"In cases where none of the principal accused are occupying positions
corresponding to salary grade "27" or higher, as prescribed in the said
Republic Act No. 6758, or PNP officers occupying the rank of superintendent
or higher, or their equivalent, exclusive jurisdiction thereof shall be vested in
the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, and Municipal Circuit Trial Court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Blg. 129.
"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or
proceedings of the Sandiganbayan shall contain complete findings of the facts
and the law on which they are based, on all issues properly raised before it
and necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within
fifteen (15) days from promulgation or notice of the final order or judgment,
and such motion for reconsideration shall be decided within thirty (30) days
from submission thereon.
"Decisions and final orders of other courts, in cases cognizable by said courts
under this Act shall be appealable to the Sandiganbayan within fifteen (15)
days from promulgation or notice to the parties."
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders
Nos. 101 and 184 and all other laws, decrees, orders and rules of which are
inconsistent therewith are hereby repealed or modified accordingly.
Section 7. Upon the effectivity of this Act, all criminal cases in which trial has
not begun in the Sandiganbayan shall be referred to the proper courts.
Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.
Tenth Congress
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand seven.
"c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Section 7. Transitory Provision. - This Act shall apply to all cases pending
in any court over which trial has not begun as of the approval hereof
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.
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.)
Article VIII, Sec. 5:
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)
In light of the decision in St. Martin Funeral Homes v. NLRC (G.R. No.
130866, 16 September 1998), all special civil actions arising out of any
decision or final resolution or order of the National Labor Relations
Commission filed with the Court after 01 June 1999 shall no longer be
referred to the Court of Appeals, but shall forthwith be DISMISSED.
SC A.M. 7-7-12:
A.M. No. 07-7-12-SC
This Resolution shall take effect on December 27. 2007 following its
publication in a newspaper of general circulation.
December 4, 2007.
RULE 41
(a) An order denying a petition for relief or any similar motion seeking relief
from judgment;
(f) A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints, while
the main case is pending, unless the court allows an appeal therefrom; and
RULE 45
SECTION 1. Filing of petition with Supreme Court. A party desiring to
appeal by certiorari from a judgment, final order or resolution of the Court of
Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial
Court or other courts, whenever authorized by law, may file with the Supreme
Court a verified petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional remedies
and shall raise only questions of law, which must be distinctly set forth. The
petitioner may seek the same provisional remedies by verified motion filed in
the same action or proceeding at any time during its pendency.
RULE 58
In the event that the application for preliminary injunction is denied or not
resolved within the said period, the temporary restraining order is deemed
automatically vacated. The effectivity of a temporary restraining order is not
extendible without need of any judicial declaration to that effect, and no court
shall have authority to extend or renew the same on the same ground for
which it was issued.
The trial court, the Court of Appeals, the Sandiganbyan or the Court of Tax
Appeals that issued a writ of preliminary injunction against a lower court,
board, officer, or quasi-judicial agency shall decide the main case or petition
within six (6) months from the issuance of the writ.
RULE 65
Sec. 4. When and where to file the petition. The petition shall be filed not later
than sixty (60) days from notice of the judgment, order or resolution. In case a
motion for reconsideration or new trial is timely filed, whether such motion is
required or not, the petition shall be filed not later than sixty (60) days counted
from the notice of the denial of the motion.
The public respondent shall proceed with the principal case within ten (10)
days from the filing of a petition for certiorari with a higher court or tribunal,
absent a temporary restraining order or a preliminary injunction, or upon its
expiration. Failure of the public respondent to proceed with the principal case
may be a ground for an administrative charge.
The Court may impose motu proprio, based on res ipsa loquitur, other
disciplinary sanctions or measures on erring lawyers for patently dilatory and
unmeritorious petitions for certiorari.
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:
Republic Act No. 7691 March 25, 1994
"(2) In all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value
of the property involved exceeds Twenty thousand pesos
(P20,000,00) or, for civil actions in Metro Manila, where such
value exceeds Fifty thousand pesos (P50,000.00) except
actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts;
"(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial
functions;
"(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic
Relations Court and of the Court of Agrarian Relations as now
provided by law; and
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of
this Act shall be considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.
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.
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:
"(2) In all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value
of the property involved exceeds Twenty thousand pesos
(P20,000,00) or, for civil actions in Metro Manila, where such
value exceeds Fifty thousand pesos (P50,000.00) except
actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts;
"(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial
functions;
"(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic
Relations Court and of the Court of Agrarian Relations as now
provided by law; and
"(8) In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses,
and costs or the value of the property in controversy exceeds
One hundred thousand pesos (P100,000.00) or, in such other
cases in Metro Manila, where the demand exclusive of the
abovementioned items exceeds Two Hundred thousand pesos
(P200,000.00)."
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional
amounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas
Pambansa Blg. 129 as amended by this Act, shall be adjusted to Two
hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand
pesos (P300,000.00): Provided, however, That in the case of Metro Manila,
the abovementioned jurisdictional amounts shall be adjusted after five (5)
years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of
this Act shall be considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not
yet reached the pre-trial stage. However, by agreement of all the parties, civil
cases cognizable by municipal and metropolitan courts by the provisions of
this Act may be transferred from the Regional Trial Courts to the latter. The
executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition
of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in two (2) national newspapers of general circulation.
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:
a) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of
age, or one or more of the victims is a minor at the time of the
commission of the offense.
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)
Rule 5:
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:
WHEREAS, a number of these municipal courts did not receive a single case
for investigation or trial during Fiscal Year 1971-1972 and a still much bigger
number received not more than 60 cases during the said period;
WHEREAS, these municipal courts may be constituted into municipal circuit
courts each comprising two or more municipalities without detriment to the
administration of justice;
3. The circuit judge shall have his official station in a municipality within
the circuit which shall be as centrally located and easily accessible as
possible from the other municipalities comprising the circuit.
5. All cases arising within the circuit shall be tried at the official station
of the circuit judge; Provided, however, that whenever the number of
cases or the interest of the administration of justice requires it, the
Supreme Court may authorize the circuit judge to hold session outside
his official station but within the circuit.
7. The Supreme Court shall carry out the provisions of this decree
through implementing orders, on a province-to-province basis.
TRANSITORY PROVISIONS
For this purpose, the Chief Justice is hereby authorized, within the
limits of appropriations authorized for the Municipal Courts, to created
additional positions, to make changes in the assignment of personnel,
and to effect such reorganization as maybe necessary.
Done in the City of Manila, this 12th day of August, in the year of Our Lord,
nineteen hundred and seventy-four.
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;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(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 ).
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 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).
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":
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil
and original cases, and in cadastral and land registration cases, under
Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No.
7691. Was effective on April 15, 1994, fifteen (15) days after the
publication in the Malaya and in the Times Journal on March 30, 1994,
pursuant to Section 8 of the R.A. No. 7691.
B.P. 129:
R.A. 7691:
SC Circular 38-97:
Numerous queries from the Courts concerned have been received by the
Court Administrator regarding the scope of the delegated jurisdiction under
Administrative Circular No. 6-93-A of MeTCs, MTCCs, MTCs AND MCTCs to
hear and determine cadastral and land registration cases, particularly as to
whether or not the delegation covers petitions and motions for reconstitution
of lost certificate of title.
The clear tenor and intention of Administrative Circular No. 6-93-A is that only
original cadastral or land registration cases are covered. The jurisdiction of
the First Level Courts, being merely delegated, should be limited to what is
expressly mentioned in the delegation.
1. There are limits to the delegation, i.e., either the subject matter is an
uncontested lot or if contested the value of the lot should not exceed
One hundred thousand [P100,000.00] Pesos. There will be difficulty in
the determination of these limits if and when the First Level Courts are
required to exercise delegated jurisdiction over petitions subsequent to
original registration.
B.P. 129:
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.
Special Courts
Article XIII:
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Article XI:
WHEREAS, the New Constitution declares that a public office is a public trust
and ordains that public officers and employees shall serve with the highest
degree of responsibility, integrity, loyalty and efficiency and shall remain at all
times accountable to the people;
The Presiding Judge shall be so designated in his commission and the other
judges shall have precedence according to the dates of their respective
commissions, or when the commissions of two (2) or more of them shall hear
the same date, according to the order in which their commissions have been
issued by the President.
The Presiding Judge and the Associate Judges shall not be removed from
office except on impeachment upon the grounds and in the manner provided
for in Sections 2 and 3 of Article III of the 1973 Constitution.
They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office.
The Sandiganbayan shall, as a body, sit en banc but it may sit in three (3)
divisions of three (3) judges each. The three (3) divisions may sit at the same
time.
If the Presiding Judge is present in any session of the court, whether en banc
or in division, he shall preside. In his absence the Associate Judge attending
who is first in precedence shall preside.
(d) Civil suits brought in connection with the aforementioned crimes for
restitution or reparation of damages, recovery of the instruments and
effects of the crimes, or forfeiture proceedings provided for under
Republic Act No. 1379;
(e) Civil actions brought under Articles 32 and 34 of the Civil Code.
Exception from the foregoing provisions during the period of material law are
criminal cases against officers and members of the Armed Forces of the
Philippines, and all others who fall under the exclusive jurisdiction of the
military tribunals.
The affirmative vote of five (5) judges is necessary for a decision of the
Sandiganbayan en banc. The affirmative vote of two judges in a division shall
be necessary for the promulgation of a judgment.
Any party may file a petition for reconsideration of any order or decision of the
Sandiganbayan en banc or in division within fifteen (15) days from receipt of a
certified copy of such order or decision and such petition for reconsideration
shall be decided by the Sandiganbayan en banc or in division, as the case
may be, within thirty (30) days from submission thereof.
The Clerk of Court shall have an annual compensation of P23,000.00, and the
deputy clerks of court, P18,000.00. The Clerk of Court and deputy clerks of
court shall at least be members of the bar.
All subordinate employees of the Sandiganbayan shall be governed by the
provisions of the Civil Service Law; Provided, that the Sandiganbayan may, by
resolution en banc, remove any of them for cause.
Section 12. Office of the Chief Special Prosecutor. The provisions of any law
or rule to the contrary notwithstanding, the direction and control of the
prosecution of cases mentioned in Section 4 hereof, shall be exercised by a
Chief Special Prosecutor who shall be assisted by one (1) Assistant Chief
Special Prosecutor and nine (9) Special Prosecutors who shall be appointed
by the President. The Chief Special Prosecutor shall have annual
compensation of P30,000.00, the Assistant Chief Special Prosecutor of
P28,000.00 and the Special Prosecutors of P24,000.00 which shall not be
diminished during their continuance in office.
The Chief Special Prosecutor, the Assistant Chief and the Special
Prosecutors shall have exclusive authority to conduct preliminary
investigations of all complaints filed with the Sandiganbayan, to file
information and conduct the prosecution of all cases; Provided, that the
Secretary of Justice may designate any lawyer in the government service as
special prosecutor or special counsel to assist the Chief Special Prosecutor in
conducting preliminary investigations and prosecuting cases before the
Sandiganbayan.
The Chief Special Prosecutor, Assistant Chief Special Prosecutor and Special
Prosecutors mentioned in the preceding paragraph shall have the authority to
administer oaths, to issue subpoena and subpoena duces tecum, summon
and compel witnesses to appear and testify under oath before them and to
bring books, documents or other things under their control and to secure the
attendance or presence of any absent or recalcitrant witness through
application before the Sandiganbayan en banc or in division or before any
inferior or superior court having jurisdiction of the place where the witness or
evidence may be found.
The Chief Special Prosecutor and his assistants shall be under the control of
the Secretary of Justice.
Section 16. Repealing Clause. Any provision of law, order, rule or regulation
inconsistent with the provisions of this Decree is hereby repealed or modified
accordingly.
Section 17. Effectivity. This Decree shall be part of the laws of the land and
shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES AND RENDITION OF
LEGAL OPINIONS
TITLE I
THE SAHRI'A COURTS
Article 137. Creation. There are hereby created as part of the judicial system,
courts of limited jurisdiction, to be known respectively as Shari'a District
Courts and Shari'a Circuit Courts, which shall exercise powers and functions
in accordance with this Title.
Shari'a courts and the personnel thereof shall be subject to the administrative
supervision of the Supreme Court.
Chapter One
SHARI'A DISTRICT COURTS
Article 138. Shari'a judicial districts. Five special judicial districts, each to
have one Shari'a District Court presided over by one judge, are constituted as
follows:
(a) The First Shari'a District shall comprise the Province of Sulu;
(c) The Third Shari'a District, the Province of Basilan, Zamboanga del
Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian
and Zamboanga;
(d) The Fourth Shari'a District, the provinces of Lanao del Norte and
Lanao del Sur, and the Cities of Iligan and Marawi; and
Article 139. Appointment of judges. The judicial function in the Shari'a District
Courts shall be vested in Shari'a District judges to be appointed by the
President of the Philippines.
Article 141. Tenure. Shari'a District judges shall be appointed to serve during
good behavior until they reach the age of sixty-five years, or become
incapacitated to discharge the duties of their office, unless sooner removed
for the same causes and in the same manner provided by law for judges of
Courts of First Instance.
Article 142. Compensation. Shari'a District judges shall receive the same
compensation and enjoy the same privileges as the judges of Courts of First
Instance.
(1) The Shari'a District Court shall have exclusive original jurisdiction
over:
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(c) Petitions for the declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title VI of Book Two of this Code;
(2) Concurrently with existing civil courts, the Shari'a District Court shall
have original jurisdiction over:
(1) Shari'a District Courts shall have appellate jurisdiction over all
cases tried in the Shari'a Circuit Courts within their territorial
jurisdiction.
(2) The Shari'a District Court shall decide every case appealed to it on
the basis of the evidence and records transmitted as well as such
memoranda, briefs or oral arguments as the parties may submit.
Article 145. Finality of decision. The decisions of the Shari'a District Courts
whether on appeal from the Shari'a Circuit Court or not shall be final. Nothing
herein contained shall affect the original and appellate jurisdiction of the
Supreme Court as provided in the Constitution.
Article 146. Clerks and other subordinate employees. Shari'a District Courts
shall have the same officers and other personnel as those provided by law for
Courts of First Instance.
(1) The Shari'a District Courts shall have their respective permanent
stations in the following places:
(a) First Shari'a District, Jolo, Sulu;
(2) The Shari'a District Courts may hold sessions anywhere within their
respective districts.
Article 148. Special procedure. The Shari'a District Courts shall be governed
by such special rules of procedure as the Supreme Court may promulgate.
Article 149. Applicability of other laws. The provisions of all laws relative to
the Courts of First Instance shall, insofar as they are not inconsistent with this
Code, be applicable to Shari'a District Courts.
Chapter Two
SHARI'A CIRCUIT COURTS
(d) Twelve in and for the Provinces of Lanao del Norte and
Lanao del Sur and the Cities of Iligan and Marawi;
(2) The territorial jurisdiction of each of the 'Shari'a Circuit Courts shall
be fixed by the Supreme Court on the basis of geographical contiguity
of the municipalities and cities concerned and their Muslim population.
Article 151. Appointment of judges. Each Shari'a Circuit Court shall be
presided over by a Shari'a Circuit Judge to be appointed by the President of
the Philippines.
Article 153. Tenure. Shari'a Circuit judges shall be appointed to serve during
good behavior until they reach the age of sixty-five years or become
incapacitated to discharge the duties of their office, unless sooner removed
for the same causes and in the same manner provided by law for judges of
Municipal Circuit Courts.
Article 154. Compensation. Shari'a Circuit judges shall receive the same
compensation and enjoy the same privileges as judges of Municipal Circuit
Courts.
Article 155. Jurisdiction. The Shari'a Circuit Courts shall have exclusive
original jurisdiction over;
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims
or have been married in accordance with Article 13 involving disputes
relating to:
(a) Marriage;
(1) Shari'a Circuit Courts shall have the same officers and other
personnel as those provided by law for Municipal Circuit Courts.
(2) The pertinent provisions of the Judiciary Law regarding the number,
qualifications, appointment, compensation, functions, duties and other
matters relative to the personnel of the Municipal Circuit Courts shall
apply to those of the Shari'a Circuit Courts.
Article 157. Place of sessions; stations. Shari'a Circuit Court may hold
session anywhere within their respective circuits, but each shall have a
principal station to be fixed by the Supreme Court.
Article 158. Special procedure. The Shari'a Circuit Courts shall be governed
by such special rules of procedure as the Supreme Court may promulgate.
Article 159. Applicability of other laws. The provisions of all laws relative to
Municipal Circuit Courts shall, to the extent that they are not inconsistent with
this Code, be applicable to the Shari'a Circuit Courts.
TITLE II
THE AGAMA ARBITRATION COUNCIL
Article 160. Constitution. The Shari'a District Court or the Shari'a Circuit
Court may, in appropriate cases, constitute an Agama Arbitration Council in
the manner specified in this Title.
(1) Any Muslim male who has pronounced a talag shall, without delay,
file with the Clerk of Court of the Shari'a Circuit Court of the place
where his family resides a written notice of such fact and the
circumstances attended thereto, after having served a copy thereof to
the wife concerned. The talag pronounced shall not become
irrevocable until after the expiration of the prescribed 'idda. The notice
filed shall be conclusive evidence that talag has been pronounced.
(2) Within seven days from receipt of notice, the Clerk of Court shall
require each of the parties to nominate a representative. The
representatives shall be appointed by the Court to constitute, together
with the Clerk of Court as Chairman, an Agama Arbitration Council.
The Agama Arbitration Council shall submit to the Court a report on the
result of the arbitration, on the basis of which and such other evidence
as may be allowed, the Court shall issue the corresponding order.
(3) The provisions of this article shall be observed should the wife
exercise tafwid.
Article 163. Offenses against customary law. The Shari'a Circuit Court, in
cases involving offenses against customary law which can be settled without
formal trial, may, at its discretion, direct the Shari'a Clerk of Court to constitute
a council of not less than two nor more than four members, with him as
chairman, to settle the case amicably.
TITLE III
JURISCONSULT IN ISLAMIC LAW
(2) The Jurisconsult shall consider and act on every such request
unless, in his opinion and for good reason, the question need not be
answered.
(3) The Office of the Jurisconsult shall keep a compilation and cause
the publication of all his legal opinions.
ARTICLE IX
Administration of Justice
Section 1. The Supreme Court, the Court of Appeals, and other courts
established by law shall continue to exercise their judicial powers as provided
by the Constitution and national laws.
Section 4. (1) The Justices of the Shari'ah Appellate Court shall possess the
same qualification as those of the Justices of the Court of Appeals and, in
addition, shall also be learned in Islamic law and jurisprudence.
Section 5. The Shari'ah Appellate Court shall have the following powers:
(2) Exercise exclusive appellate jurisdiction over all cases tried in the
Shari'ah District Courts as established by law.
Section 6. The decisions of the Shari'ah Appellate Court shall be final and
executory: Provided, however, That nothing herein contained shall affect the
original and appellate jurisdiction of the Supreme Court as provided in the
Constitution.
Section 7. The Presiding and Associate Justices of the Shari'ah Appellate
Court shall serve until they reach the age of seventy (70) years, unless sooner
removed for cause in the same manner as Justices of the Court of Appeals or
become incapacitated to discharge the duties of their office.
Section 10. The Members of the Shari'ah Appellate Court and of other
Shari'ah Appellate courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions.
Section 11. The official seat of the Shari'ah Appellate Court shall, unless the
Supreme Court decides otherwise, be in the seat of the Autonomous
Government.
Section 12. Proceedings in the Shari'ah Appellate Court and in the Shari'ah
lower courts as are established in the Autonomous Regional shall be
governed by such special rules as the Supreme Court may promulgate.
Shari'ah Courts
Section 13. The Shari'ah District Courts and the Shari'ah Circuit Courts
created under existing laws shall continue to function as provided therein. The
judges of the Shari'ah courts shall have the same qualifications as the judges
of the Regional Trial Courts, the Metropolitan Trial Courts or the Municipal
Trial Courts as the case may be in. In addition, they must be learned in
Islamic law and jurisprudence.
Tribal Courts
Section 14. There is hereby created a system of tribal courts, which may
include a Tribal Appellate Court, for the indigenous cultural communities in the
Autonomous Region. These courts shall determine, settle and decide
controversies and enforce decisions involving personal, family and property
rights in accordance with the tribal codes of these communities. The Regional
Assembly shall define their composition and jurisdiction in accordance with
this Act.
Section 15. Provisions to put into effect the organization of the Office of
Jurisconsult in Islamic Laws as established under existing law and facilities for
its proper functioning shall receive priority consideration.
Customary Law
Section 16. The Regional Assembly shall provide for the codification of
indigenous laws and compilation of customary laws in the Autonomous
Region.
Section 17. (1) The provisions of the Muslim Code and the Tribal Code shall
be applicable only to Muslims and other members of indigenous cultural
communities respectively and nothing herein shall be construed to operate to
the prejudice of non-Muslims and nonmembers of indigenous cultural
communities.
(2) In case of conflict between the Muslim Code and the Tribal Code,
the national law shall apply.
(3) In case of conflict between the Muslim Code or the Tribal Code on
the one hand, and the national law on the other, the latter shall prevail.
Section 18. Subject to the provisions of the Constitution, the Shari'ah courts
shall interpret Islamic law based on sources such as:
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote
the welfare of children in keeping with the mandate of the Constitution and the precepts of the
United Nations Convention on the rights of the Child. The State shall provide a system of
adjudication for youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. The courts shall preserve the solidarity of the family,
provide procedures for the reconciliation of spouses and the amicable settlement of family
controversy.
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the
Philippines, at least thirty-five (35) years of age, and, for at least ten (10) years, has
been engaged in the practice of law in the Philippines or has held a public office in
the Philippines requiring admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience
and demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction of family Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of the commission of the
offense: Provided, That if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have incurred.
f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the "Family Code of the Philippines";
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
1) Women - which are acts of gender based violence that results, or are likely
to result in physical, sexual or psychological harm or suffering to women; and
other forms of physical abuse such as battering or threats and coercion which
violate a woman's personhood, integrity and freedom movement; and
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%)
of their income derived from filing and other court fees under Rule 141 of the Rules of Court
for research and other operating expenses including capital outlay: Provided, That this benefit
shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this Sec.
The court may order the temporary custody of children in all civil actions for their custody. The
court may also order support pendente lite, including deduction from the salary and use of
conjugal home and other properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall
have direct control and supervision of the youth detention home which the local government
unit shall establish to separate the youth offenders from adult criminals: Provided, however,
That alternatives to detention and institutional care shall be made available to the accused
including counseling, recognizance, bail, community continuum, or diversions from the justice
system: Provided, further, That the human rights of the accused are fully respected in a
manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe
Department of Social Welfare and Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family cases existing in such jurisdiction. It
shall provide appropriate social services to all juvenile and family cases filed with the court
and recommend the proper social action. It shall also develop programs, formulate uniform
policies and procedures, and provide technical supervision and monitoring of all SSCD in
coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That in adoption cases and in
petitions for declaration of abandonment, the case studies may be prepared by social workers
of duly licensed child caring or child placement agencies, or the DSWD. When warranted, the
division shall recommend that the court avail itself of consultative services of psychiatrists,
psychologists, and other qualified specialists presently employed in other departments of the
government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas
where no Family Court has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD shall designate and assign
qualified, trained, and DSWD accredited social workers of the local government units to
handle juvenile and family cases filed in the designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of
the child and family cases shall be treated in a manner consistent with the promotion of the
child's and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of
parties shall not be divulged unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special
rules of procedure for the transfer of cases to the new courts during the transition period and
for the disposition of family cases with the best interests of the child and the protection of the
family as primary consideration taking into account the United Nations Convention on the
Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same
manner and subject to the same conditions as appeals from the ordinary Regional Trial
Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following in its enactment into
law and thereafter.
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination
with the DSWD, shall formulate the necessary rules and regulations for the effective
implementation of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at least
one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San
Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro,
Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in
such other places as the Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts
when their dockets permit: Provided, That such additional cases shall not be heard on the
same day family cases are heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be
adjudicated by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared
unconstitutional, the other provisions shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or
regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.
CHAPTER XIII
Judicial Review
Section 54. Certiorari. Any decision, order, award or ruling of the DAR on
any agrarian dispute or on any matter pertaining to the application,
implementation, enforcement, or interpretation of this Act and other pertinent
laws on agrarian reform may be brought to the Court of Appeals by certiorari
except as otherwise provided in this Act within fifteen (15) days from the
receipt of a copy thereof.
The findings of fact of the DAR shall be final and conclusive if based on
substantial evidence.
The Regional Trial Court (RTC) judges assigned to said courts shall exercise
said special jurisdiction in addition to the regular jurisdiction of their respective
courts.
The Special Agrarian Courts shall have the powers and prerogatives inherent
in or belonging to the Regional Trial Courts.
Section 57. Special Jurisdiction. The Special Agrarian Courts shall have
original and exclusive jurisdiction over all petitions for the determination of just
compensation to landowners, and the prosecution of all criminal offenses
under this Act. The Rules of Court shall apply to all proceedings before the
Special Agrarian Courts, unless modified by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their
special jurisdiction within thirty (30) days from submission of the case for
decision.
Section 60. Appeals. An appeal may be taken from the decision of the
Special Agrarian Courts by filing a petition for review with the Court of
Appeals within fifteen (15) days receipt of notice of the decision; otherwise,
the decision shall become final.
An appeal from the decision of the Court of Appeals, or from any order, ruling
or decision of the DAR, as the case may be, shall be by a petition for review
with the Supreme Court within a non-extendible period of fifteen (15) days
from receipt of a copy of said decision.
Section 61. Procedure on Review. Review by the Court of Appeals or the
Supreme Court, as the case may be, shall be governed by the Rules of Court.
The Court of Appeals, however, may require the parties to file simultaneous
memoranda within a period of fifteen (15) days from notice, after which the
case is deemed submitted for decision.
(f) Impose sanctions for the violation of laws and rules, regulations and
orders, and issued pursuant thereto;
(i) Issue cease and desist orders to prevent fraud or injury to the
investing public;
(j) Punish for the contempt of the Commission, both direct and indirect,
in accordance with the pertinent provisions of and penalties prescribed
by the Rules of Court;
(m) Suspend, or revoke, after proper notice and hearing the franchise
or certificate of registration of corporations, partnership or associations,
upon any of the grounds provided by law; and
5.2. The Commissions jurisdiction over all cases enumerated under section 5
of Presidential Decree No. 902-A is hereby transferred to the Courts of
general jurisdiction or the appropriate Regional Trial Court: Provided, That the
Supreme Court in the exercise of its authority may designate the Regional
Trial Court branches that shall exercise jurisdiction over the cases. The
Commission shall retain jurisdiction over pending cases involving intra-
corporate disputes submitted for final resolution which should be resolved
within one (1) year from the enactment of this Code. The Commission shall
retain jurisdiction over pending suspension of payment/rehabilitation cases
filed as of 30 June 2000 until finally disposed.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)
Rule 18:
Rule 10:
Rule 1:
RULE 1
General Provisions
Section 1. Title of the Rules. These Rule shall be known and cited as the
Rules of Court. (1)
Section 2. In what courts applicable. These Rules shall apply in all the
courts, except as otherwise provided by the Supreme Court. (n)
(a) A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a
wrong, (1a, R2)
(b) A criminal action is one by which the State prosecutes a person for
an act or omission punishable by law. (n)
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)
UNIFORM PROCEDURE
Rule 5:
RULE 5
ACTIONS
Rule 1:
(a) A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a
wrong, (1a, R2)
(b) A criminal action is one by which the State prosecutes a person for
an act or omission punishable by law. (n)
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)
Rule 2:
RULE 2
Cause of Action
Section 1. Ordinary civil actions, basis of. Every ordinary civil action must
be based on a cause of action. (n)
Section 3. One suit for a single cause of action. A party may not institute
more than one suit for a single cause of action. (3a)
Section 4. Splitting a single cause of action; effect of. If two or more suits
are instituted on the basis of the same cause of action, the filing of one or a
judgment upon the merits in any one is available as a ground for the dismissal
of the others. (4a)
(a) The party joining the causes of action shall comply with the rules on
joinder of parties;
(b) The joinder shall not include special civil actions or actions
governed by special rules;
(c) Where the causes of action are between the same parties but
pertain to different venues or jurisdictions, the joinder may be allowed
in the Regional Trial Court provided one of the causes of action falls
within the jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes action are principally for
recovery of money, the aggregate amount claimed shall be the test of
jurisdiction. (5a)
Rule 16:
Section 1. Grounds. Within the time for but before filing the answer to the
complaint or pleading asserting a claim, a motion to dismiss may be made on
any of the following grounds:
(a) That the court has no jurisdiction over the person of the defending
party;
(b) That the court has no jurisdiction over the subject matter of the
claim;
(e) That there is another action pending between the same parties
for the same cause;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has
been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under
the provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied
with. (1a)
Rule 3:
Rule 8:
Rule 3:
RULE 3
The failure to comply with the order for his inclusion, without justifiable cause,
shall be deemed a waiver of the claim against such party.
The non-inclusion of a necessary party does not prevent the court from
proceeding in the action, and the judgment rendered therein shall be without
prejudice to the rights of such necessary party. (8a, 9a)
Section 10. Unwilling co-plaintiff. If the consent of any party who should be
joined as plaintiff can not be obtained, he may be made a defendant and the
reason therefor shall be stated in the complaint. (10)
Section 12. Class suit. When the subject matter of the controversy is one
of common or general interest to many persons so numerous that it is
impracticable to join all as parties, a number of them which the court finds to
be sufficiently numerous and representative as to fully protect the interests of
all concerned may sue or defend for the benefit of all. Any party in interest
shall have the right to intervene to protect his individual interest. (12a)
In the answer of such defendant, the name and addresses of the persons
composing said entity must all be revealed. (15a)
The heirs of the deceased may be allowed to be substituted for the deceased,
without requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
Section 20. Action and contractual money claims. When the action is for
recovery of money arising from contract, express or implied, and the
defendant dies before entry of final judgment in the court in which the action
was pending at the time of such death, it shall not be dismissed but shall
instead be allowed to continue until entry of final judgment. A favorable
judgment obtained by the plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting claims against the estate of
a deceased person. (21a)
Section 21. Indigent party. A party may be authorized to litigate his action,
claim or defense as an indigent if the court, upon an ex parte application and
hearing, is satisfied that the party is one who has no money or property
sufficient and available for food, shelter and basic necessities for himself and
his family.
Such authority shall include an exemption from payment of docket and other
lawful fees, and of transcripts of stenographic notes which the court may order
to be furnished him. The amount of the docket and other lawful fees which the
indigent was exempted from paying shall be a lien on any judgment rendered
in the case favorable to the indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before
judgment is rendered by the trial court. If the court should determine after
hearing that the party declared as an indigent is in fact a person with sufficient
income or property, the proper docket and other lawful fees shall be assessed
and collected by the clerk of court. If payment is not made within the time
fixed by the court, execution shall issue or the payment thereof, without
prejudice to such other sanctions as the court may impose. (22a)
Section 22. Notice to the Solicitor General. In any action involving the
validity of any treaty, law, ordinance, executive order, presidential decree,
rules or regulations, the court, in its discretion, may require the appearance of
the Solicitor General who may be heard in person or a representative duly
designated by him. (23a)
E.O. 209:
Art. 5. Any male or female of the age of eighteen years or upwards not under
any of the impediments mentioned in Articles 37 and 38, may contract
marriage. (54a)
Art. 236. Emancipation for any cause shall terminate parental authority over
the person and property of the child who shall then be qualified and
responsible for all acts of civil life. (412a)
R.A. 6809:
Section 1. Article 234 of Executive Order No. 209, the Family Code of the
Philippines, is hereby amended to read as follows:
Section 2. Articles 235 and 237 of the same Code are hereby repealed.
Section 3. Article 236 of the same Code is also hereby amended to read as
follows:
Section 4. Upon the effectivity of this Act, existing wills, bequests, donations,
grants, insurance policies and similar instruments containing references and
provisions favorable to minors will not retroact to their prejudice.
Section 5. This Act shall take effect upon completion of its publication in at
least two (2) newspapers of general circulation.
VENUE
Rule 4:
RULE 4
Venue of Actions
Forcible entry and detainer actions shall be commenced and tried in the
municipal trial court of the municipality or city wherein the real property
involved, or a portion thereof, is situated. (1[a], 2[a]a)
Section 4. When Rule not applicable. This Rule shall not apply.
(a) In those cases where a specific rule or law provides otherwise; or
(b) Where the parties have validly agreed in writing before the filing of
the action on the exclusive venue thereof. (3a, 5a)