Beruflich Dokumente
Kultur Dokumente
1
Section 22. Appellate jurisdiction. Regional Trial Courts g) Petitions for declaration of status of children as
shall exercise appellate jurisdiction over all cases decided by abandoned, dependent o neglected children, petitions for
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal voluntary or involuntary commitment of children; the
Circuit Trial Courts in their respective territorial jurisdictions. Such suspension, termination, or restoration of parental authority
cases shall be decided on the basis of the entire record of the and other cases cognizable under Presidential Decree No.
proceedings had in the court of origin and such memoranda and/or 603, Executive Order No. 56, (Series of 1986), and other
briefs as may be submitted by the parties or required by the Regional related laws;
Trial Courts. The decision of the Regional Trial Courts in such cases
shall be appealable by petition for review to the Court of Appeals h) Petitions for the constitution of the family home;
which may give it due course only when the petition shows prima
facie that the lower court has committed an error of fact or law that
will warrant a reversal or modification of the decision or judgment i) Cases against minors cognizable under the Dangerous
sought to be reviewed. Drugs Act, as amended;
Section 23. Special jurisdiction to try special cases. The j) Violations of Republic Act No. 7610, otherwise known as
Supreme Court may designate certain branches of the Regional Trial the "Special Protection of Children Against Child Abuse,
Courts to handle exclusively criminal cases, juvenile and domestic Exploitation and Discrimination Act," as amended by
relations cases, agrarian cases, urban land reform cases which do not Republic Act No. 7658; and
fall under the jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme Court may determine k) Cases of domestic violence against:
in the interest of a speedy and efficient administration of justice.
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
C) Jurisdiction of the Family Courts under R. A. No. and freedom movement; and
8369, otherwise known as The Family Courts Act of 1997.
2) Children - which include the commission of all
Section 5. Jurisdiction of Family Courts. - The Family forms of abuse, neglect, cruelty, exploitation,
Courts shall have exclusive original jurisdiction to hear and decide violence, and discrimination and all other
the following cases: conditions prejudicial to their development.
(a) Criminal cases where one or more of the accused is If an act constitutes a criminal offense, the accused or
below eighteen (18) years of age but not less than nine (9) batterer shall be subject to criminal proceedings and the
years of age or where one or more of the victims is a minor corresponding penalties.
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 If any question involving any of the above matters should
may have incurred. arise as an incident in any case pending in the regular courts, said
incident shall be determined in that court.
The sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 603, ***
otherwise known as the "Child and Youth Welfare Code;)
D) Jurisdiction of the Court of Appeals under B. P. Blg.
b) Petitions for guardianship, custody of children, habeas 129 as amended by R. A. 7902.
corpus in relation to the latter;
"Sec. 9. Jurisdiction. The Court of Appeals shall
c) Petitions for adoption of children and the revocation exercise:
thereof;
"(1) Original jurisdiction to issue writs of mandamus,
d) Complaints for annulment of marriage, declaration of prohibition, certiorari, habeas corpus, and quo warranto,
nullity of marriage and those relating to marital status and and auxiliary writs or processes, whether or not in aid of its
property relations of husband and wife or those living appellate jurisdiction;
together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains; "(2) Exclusive original jurisdiction over actions for
annulment of judgment of Regional Trial Courts; and
e) Petitions for support and/or acknowledgment;
"(3) Exclusive appellate jurisdiction over all final
f) Summary judicial proceedings brought under the judgments, decisions, resolutions, orders or awards of
provisions of Executive Order No. 209, otherwise known as Regional Trial Courts and quasi-judicial agencies,
the "Family Code of the Philippines"; instrumentalities, boards or commissions, including the
Securities and Exchange Commission, the Social Security
Commission, the Employees Compensation Commission
2
and the Civil Service Commission, except those falling (1) All cases in which the constitutionality or validity of
within the appellate jurisdiction of the Supreme Court in any treaty, law, ordinance, or executive order or regulation
accordance with the Constitution, the Labor Code of the is in question;
Philippines under Presidential Decree No. 442, as amended,
the provisions of this Act, and of subparagraph (1) of the (2) All cases involving the legality of any tax, impost,
third paragraph and subparagraph (4) of the fourth assessment or toil, or any penalty imposed in relation
paragraph of Section 17 of the Judiciary Act of 1948. thereto;
"The Court of Appeals shall have the power to try cases and (3) All cases in which the jurisdiction of any inferior court
conduct hearings, receive evidence and perform any and all acts is in issue;
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 further proceedings. Trials or hearings in the (4) All other cases in which only errors or questions of law
Court of Appeals must be continuous and must be completed within are involved: Provided, however, That if, in addition to
three (3) months, unless extended by the Chief Justice." (As amended constitutional, tax or jurisdictional questions, the cases
by R. A, No. 7902) mentioned in the three next preceding paragraphs also
involve questions of fact or mixed questions of fact and
law, the aggrieved party shall appeal to the Court of
*** Appeals; and the final judgment or decision of the latter
may be reviewed, revised, reversed, modified or affirmed
E) Jurisdiction of the Supreme Court under R. A. No. by the Supreme Court on writ of certiorari; and
296 (The Judiciary Act of 1948) as amended by R. A. No. 5440.
(5) Final awards, judgments, decisions, or orders of the
Sec. 17. Jurisdiction of the Supreme Court. The Supreme Commission on Elections, Court of Tax Appeals, Court of
Court shall have original jurisdiction over cases affecting Industrial Relations, the Public Service Commission and
ambassadors, other public ministers, and consuls; and original and the Workmen's Compensation Commission.
exclusive jurisdiction in petitions for the issuance of writs of
certiorari, prohibition and mandamus against the Court of Appeals. ***