Beruflich Dokumente
Kultur Dokumente
COLLEGE OF LAW
Lahug, Cebu City
______________________
JURISDICTION
Prepared by: Atty. Mat Eric M. Medalle
Jurisdiction
Judicial Power
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The second part of the authority represents a broadening
of judicial power to enable the courts of justice to review what
was before forbidden territory, to wit, the discretion of the
political departments of the government.2
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assure that the supremacy of the Constitution is
upheld.”4
1. Court of Appeals
2. Regional Trial Courts
3. Metropolitan Trial Courts
4. Municipal Trial Courts
5. Municipal Circuit Trial Courts
RULE 65
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and granting such incidental reliefs as law and justice may
require.
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immediately or at some other time to be specified by the court,
to do the act required to be done to protect the rights of the
petitioner, and to pay the damages sustained by the petitioner
by reason of the wrongful acts of the respondent.
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the court; and it shall be the duty of such private respondents
to appear and defend, both in his or their own behalf and in
behalf of the public respondent or respondents affected by the
proceedings, and the costs awarded in such proceedings in
favor of the petitioner shall be against the private respondents
only, and not against the judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or person impleaded as
public respondent or respondents.
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the rights of the parties pending such proceedings. The petition
shall not interrupt the course of the principal case unless a
temporary restraining order or a writ of preliminary injunction
has been issued against the public respondent from further
proceeding in the case. (7a)
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(d) the issue of constitutionality must be the very lis mota of the
case.
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party has sustained or will sustain direct injury as a result of
the governmental act that is being challenged.
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conflicting claims of authority under the Constitution and to
establish for the parties in an actual controversy the rights
which that instrument secures and guarantees to them.
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not involved here, and confine the opinion only to the very
questions necessary to reach a decision on this matter.
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(1) Exclusive original jurisdiction over all violations of city
or municipal ordinances committed within their respective
territorial jurisdiction; and
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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.
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R.A. 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;
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court, tribunal, person or body exercising judicial or quasi-
judicial functions;
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Section 3. Section 33 of the same law is hereby amended to
read as follows:
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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 in cases of land not
declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."
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).
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