CHAPTER VI

Subject:
Legal Counseling

Professor:
Atty. David L. Ballesteros

Group 7 Reporters:
Angeles, Leah Katrina
Galicia, Mary Denn
Magallanes, Van John
Manigbas, Riztian Dale
Sinsuat, Datu Jameel
Valencia, Sidney Marie Vanessa D.
 CHAPTER VI
HIERARCHY OF PHILIPPINE COURTS

ORGANIZATIONAL STRUCTURE OF COURTS

Supreme Court is referred to as the constitutional court, as it is a

creation of the Constitution. On the other hand, all other courts are known
as statutory courts because they are created by statutes.

I. SUPREME COURT (SC)

a. The last arbiter of all questions of law [Sec. 5 (1), Art. 8, Constitution]

b. Composed of the Chief Justice and 14 Associate Justices.

c. DECISION:

i. Sits en banc or, in its discretion, in divisions of 3, 5 or 7

Members.
ii. A decision or resolution of a division of the SC, when concurred
in by a majority of the members, is a decision of the SC.
iii. When the required number is not obtained, the case shall be
decided en banc.
iv. No doctrine or principle of law laid down by the SC rendered en
banc or in division may be modified or reversed except by the
court sitting en banc.
v. Ponente – a member who was assigned on the writing of the
opinion of the SC.
vi. Members who took no part, or dissented, or abstained from a
decision/resolution must state the reason therefor.

d. DISQUALIFICATION TO PARTICIPATE IN RENDERING A DECISION (Sec. 1,

Rule 137, Rules of Court)

i. If the ground is mandatory, the Justice himself must inhibit.

ii. Where the motion for disqualification is presented after decision
has been rendered, the motion should be denied because no
litigant should be permitted to speculate upon the action of the
SC, and to raise objection of this sort after the decision has been
rendered.
iii. If the ground is not mandatory, it is for the Justice alone to
determine his disqualification.
 e. JURISDICTION

i. No law increasing the appellate jurisdiction of the SC can be

passed without its advice and consent.
ii. Its appellate jurisdiction was to be exercised only over final
judgements and orders of lower courts (quasi-judicial bodies or
agencies are not included therein).
iii. In Fabian v. Hon. Desierto, 1998, it was held that: In accordance
with Rule 43, Revised Rules of Civil Procedure, an appeal from
the Office of the Ombudsman should be brought to the Court of
Appeals, and not the SC.

II. COURT OF APPEALS (CA)

a. Composed of a Presiding Justice and 68 Associate Justices.

b. Discharges its functions, powers and duties thru 23 divisions of 3

members each.

c. May sit en banc for the purpose of exercising administrative,

ceremonial, or other non-adjudicatory functions.

d. PERMANENT STATIONS:

For cases coming from the

Division Station
following Judicial Regions:
1 – 17 City of Manila 1st to 5th
18 – 20 Cebu City 6th to 8th
21 – 23 Cagayan de Oro City 9th to 10th

e. QUORUM and VOTE:

For divisions, 3 members shall constitute a quorum, and unanimous

vote is necessary for the pronouncement of a decision / final
resolution;

If UNANIMOUS VOTE was not obtained, the Presiding Justice shall

request the Raffle Committee of the Court for the designation of 2
additional Justices to sit temporarily with them, forming a SPECIAL
DIVISION of 5 members. The concurrence of majority shall be necessary
for the pronouncement of a decision / final resolution.

f. SC MAY AUTHORIZE ANY DIVISION:

Whenever demanded by public interest, or whenever justified by an

increase in case load, the SC (on its own initiative), or upon
recommendation of the Presiding Justice of the CA, may authorize any
 division of the CA hold sessions periodically, or for such periods and at
such places as the SC may determine.

g. ORIGINAL AND APPELLATE JURISDICTION:

Original Appellate
* To issue writs of * Over all final judgements, decisions,
mandamus, prohibition, resolutions, orders or awards of RTC,
certiorari, habeas corpus quasi-judicial agencies,
and quo warranto, and instrumentalities, boards, or
auxiliary writs or processes commissions (including SEC, ECC, and
whether or not in the aid of CSC), except those falling within the
its appellate jurisdiction. appellate jurisdiction of the SC; and
judgement and final orders of the CTA
* Over actions for the and quasi-judicial agencies (including
annulment of judgements of those under the Labor Code and the
the RTC. (Exclusive Original) NLRC). (Exclusive Appellate)
* 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 further proceedings.

III. SANDIGANBAYAN

a. Created to try and decide criminal and civil cases involving graft and
corrupt practices and such other offenses committed by public officers
and employees (including those in GOCCs, in relation to their office).

b. Classified as a REGULAR COURT of SPECIAL JURISDICTION.

c. Sits in divisions of 3 Justices each.

d. Divisions may sit at the same time.

e. DECISIONS AND FINAL ORDERS:

i. Appealable to SC by petition for review on certiorari, raising

pure questions of law (Rule 45).
ii. Appealable to SC in accordance with Rules of Court i.e. by notice
of appeal, in cases where the penalty imposed is reclusion
perpetua or life imprisonment.

f. JURISDICTION:

i. On violations of the:
 RA 3019 (Anti-Graft and Corrupt Practices Act);
 RA 1379;
 RPC Art. 120.
 ii. Over officials of the executive branch occupying the positions
of regional director and higher, otherwise classified as grade
27 and higher, of the Compensation and Position Classification
Act of 1989.
iii. Over Public Officers (defined)
 Any person who, by direct provision of law, popular
election or appointment by competent authority, shall
take part in the performance of public functions in the
Government of the Philippine Islands, or shall perform in
said Government or in any of its branches public duties
as an employee. (Art. 203, RPC)
 Cover all kinds of public servants, whether temporary or
permanent, casual or emergency. (RA 3019)
iv. Over criminal charges with the following Essential Elements:
 Offense is committed by any public official or employee
mentioned in PD 1606; and
 Offense must be in relation to the public office of the
public officer or employee.

IV. REGIONAL TRIAL COURTS (RTC)

a. Each branch is presided by a single Judge.

b. In multiple sala courts – there is an Executive Judge who is designated

by the SC to discharge administrative functions over all the Branches
and MTC’s sitting within the territorial area, for a period of 2 years,
unless reappointed.

c. In single sala courts – the Presiding Judge of a Branch acts as Executive

Judge exercising administrative functions over the MTC’s sitting within
the territorial jurisdiction.

d. ORIGINAL JURISDICTION over actions/matters:

i. Where the subject of litigation is incapable of pecuniary

estimation;
ii. Involving any interest on a real property, where the assessed
value of the property exceeds P20,00.00, or P50,000.00 (in
Metro Manila), except actions for forcible entry and unlawful
detainer of lands or buildings;
iii. In admiralty and maritime jurisdiction, where demand/claim
exceeds P200,000.00, or P400,000.00 (in Metro Manila);
iv. Over probate, where gross value of the estate exceeds
P200,000.00, or P400,000.00 (in Metro Manila);
v. Involving contract of marriage and marital relations;
vi. Falling within the exclusive original jurisdiction of a Family
Court, and of a Special Agrarian Court;
 vii. Of other cases where the demand (exclusive of interest,
damages, attorney’s fees, litigation expenses) and cost/value of
property in controversy exceeds P300,000.00, or P400,000.00 (in
Metro Manila);
viii. Issuance of writs of certiorari, prohibition, mandamus, quo
warranto, habeas corpus, and injunction;
ix. Affecting ambassadors, and other public ministers and consuls;
x. Of criminal cases involving offenses where the imposable
penalties are imprisonments exceeding 6 years.

e. APPELLATE JURISDCTION:

Over all cases decided by the lower courts, within their respective
territorial jurisdictions.

f. DECISIONS:

i. Appealable by petition for review to the Sandiganbayan – for

criminal cases appealed to the RTC from the lower courts
involving any offense enumerated in RA 8249 committed by
public officials and employees with salary grade lower than 27.
ii. Appealable by petition for review to the CA – for all others cases.

g. Can direct the return of foreign currencies seized by the Bureau of

Customs after acquittal of the owners thereof in the prosecution for
the offense of smuggling.

V. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL

CIRCUIT TRIAL COURTS (MTC)

a. EXCLUSIVE ORIGINAL JURISDICTION (Civil Cases):

i. Civil actions and probate proceedings, testate and intestate,

where the value of the personal property, estate, or amount of
the demand does not exceed P200,000.00 or P400,000.00 (in
Metro Manila);
ii. Forcible entry and unlawful detainer cases; and
iii. 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 P20,000.00, or
P50,000.00 (in Metro Manila).

b. EXCLUSIVE ORIGINAL JURISDICTION (Criminal Cases):

i. All violations of city or municipal ordinances committed within

their respective territorial jurisdictions;
ii. All offenses punishable by imprisonment of not more than 6
months;
 iii. All offenses involving damage to property through criminal
negligence regardless of the amount of fine imposable;
iv. All offenses committed by public officers and employees in
relation to their office, where the penalty is not more than 6
years of imprisonment; Provided, that the position of the
accused is lower than Salary Grade “27.”

VI. FAMILY COURTS (FC)

a. EXCLUSIVE ORIGINAL JURISDICTION:

i. Criminal cases where one of the accused is below 18 years of

age, but not less than 9 years of age, or where one of the victim
is a minor at the time of the commission of the offense;
ii. Petitions for: guardianship; custody of children; habeas corpus
in relation to the latter; adoption of children and revocation
thereof; support and/or acknowledgement; declaration of
status of children as abandoned or neglected; constitution of
the family home;
iii. Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status;
iv. Summary judicial proceedings, under EO 209;
v. Cases against minors cognizable under the Dangerous Drugs Act;
vi. Violations of RA 7610;
vii. Cases of domestic violence against (a) women, and (b) children.

b. POWER TO:

i. Issue a restraining order, in cases of violence among immediate

family members;
ii. Order the temporary custody of children in all actions for their
custody.

c. Decisions and orders are appealable in the same manner and procedure
as appeals from the RTC.

VII. SHARI’A COURTS

a. TWO (2) CATEGORIES UNDER THE CODE OF MUSLIM PERSONAL LAWS (PD
1083):

i. Shari’a District Courts – same level as RTC

ii. Shari’a Circuit Courts – same level as MTC

b. SHARI’A CIRCUIT COURTS

i. EXCLUSIVE ORIGINAL JURISDICTION:

  All actions and proceedings between parties who are
Muslims or have been married in accordance with Art. 13
of the Muslim Code;
 All cases involving disputes relative to communal
property; and
 Divorce by Talaq and Tafwid.
ii. CRIMINAL CASES JURISDICTION:
 Offenses against customary law;
 Illegal solemnization of marriage under the Muslim Code;
 Marriages before the expiration of the prescribed idda;
 Offenses relative to subsequent marriage, divorce, and
revocation of divorce;
 Failure to report for registration any fact as required
under the Muslim Code;
 Neglect of duty of registrars to perform their duty under
the Muslim Code; and
 All other cases involving offenses defined and penalized
under the Muslim Code.

c. SHARI’A DISTRICT COURTS

i. EXCLUSIVE AND ORIGINAL JURISDICTION:

 All cases involving custody, guardianship, legitimacy,
paternity, and filiation;
 All cases involving disposition, disruption and settlement
of estate of the deceased Muslim;
 Petitions for the declaration of absence and death and
for the cancellation or correction of entries with Muslim
Registries;
 All actions arising from customary contracts;
 All petitions for mandamus, prohibition, injunction,
certiorari, habeas corpus, and all other auxiliary writs
and processes in aid of its appellate jurisdiction.
ii. ORIGINAL AND CONCURRENT JURSDICTION:
 Petitions by Muslims for the constitution of family home;
 Petition for commitment of an insane person to an
asylum;
 All other personal and real actions, where the parties are
Muslims;
 All special civil actions for interpleader or declaratory
relief where the parties are Muslims or the property
involved belongs to Muslims.

d. Appeals from judgements and final orders of Shari’s District Courts, are
perfected to Shari’a Appellate Court.
VIII. COURT OF TAX APPEALS (CTA)

a. A court of special appellate jurisdiction.

b. Composed of a Presiding Judge and 2 Associate Justices.

c. EXCLUSIVE APPELLATE JURISDICTION TO REVIEW:

i. Decisions of the Commissioner of Internal Revenue; and

ii. Decisions of the Commissioner of Customs.

d. Review authority over seizure cases is limited ONLY to seizure on

account of liability for violation of customs laws.