Edition, p.

294)

JURISDICTION

Judicial Department

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.

bp 129
Section 1. Title. – This Act shall be known as "The Judiciary Reorganization Act of 1980."

Section 2. Scope. – The reorganization herein provided shall include the Court of Appeals, the Court of First Instance,
the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City
Courts, the Municipal Courts, and the Municipal Circuit Courts.

CHAPTER I
COURT OF APPEALS

Section 3. Organization. – There is hereby created a Court of Appeals which consists of a Presiding Justice and fifty
Associate Justice who shall be appointed by the President of the Philippines. The Presiding Justice shall be so
designated in his appointment, and the Associate Justice shall have precedence according to the dates of their
respective appointments, or when the appointments of two or more of them shall bear the same date, according to the
order in which their appointments were issued by the President. Any member who is reappointed to the Court after
rendering service in any other position in the government shall retain the precedence to which he was entitled under
his original appointment, and his service in the Court shall, for all intents and purposes, be considered as continuous
and uninterrupted. (as amended by Exec. Order No. 33,, July 28, 1986.)

Section 4. Exercise of powers and functions. – The Court Appeals shall exercise its powers, functions, and duties,
through seventeen (17) divisions, each composed of three (3) members. The Court may sit en banc only for the purpose
of exercising administrative, ceremonial, or other non-adjudicatory functions. (as amended by Exec. Order No. 33,.)

Section 9. Jurisdiction. – The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and
auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts
and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange
Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service
Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the
Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this
Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph od Section 17 of the
Judiciary Act of 1948.

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.)

CHAPTER II
REGIONAL TRIAL COURTS

Section 13. Creation of Regional Trial Courts. – There are hereby created thirteen (13) Regional Trial Courts, one for
each of the following judicial regions

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*)

Section 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise exclusive original jurisdiction in all
criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of
by the latter.

Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which
may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction over all cases decided
by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial
jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin
and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The
decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the

Court of Appeals 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 sought to be
reviewed.

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.
Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court takes cognizance of juvenile and domestic
relation cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall
continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.

CHAPTER III
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL
COURTS

Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall
exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective
territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof:
Provided, however, That in offenses involving damage to property through criminal negligence they shall have
exclusive original jurisdiction thereof. (as amended by R.A, No. 7691)

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in
civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(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 34. Delegated jurisdiction in cadastral and land registration cases. – Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine
cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the
where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained
by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

Section 35. Special jurisdiction in certain cases. – In the absence of all the Regional Trial Judges in a province or city,
any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for
a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional
Trial Judges sit.

Section 36. Summary procedures in special cases. – In Metropolitan Trial Courts and Municipal Trial Courts with at
least two branches, the Supreme Court may designate one or more branches thereof to try exclusively forcible entry
and unlawful detainer cases, those involving violations of traffic laws, rules and regulations, violations of the rental
law, and such other cases requiring summary disposition as the Supreme Court may determine. The Supreme Court
shall adopt special rules or procedures applicable to such cases in order to achieve an expeditious and inexpensive
determination thereof without regard to technical rules. Such simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall be non-
extendible.

Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except those in the National Capital
Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary
investigation of crimes alleged to have been committed within their respective territorial jurisdictions which are
cognizable by the Regional Trial Courts.

The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs
(a), (b), (c), and (d), of Presidential Decree No. 911: Provided, however, That if after the preliminary investigation the
Judge finds a prima facie case, he shall forward the records of the case to the Provincial/City Fiscal for the filing of
the corresponding information with the proper court.

No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for
preliminary investigation, unless after an examination in writing and under oath or affirmation of the complainant and
his witnesses, he finds that a probable cause exists.

Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.

CHAPTER IV
GENERAL PROVISIONS
Section 39. Appeals. – The period for appeal from final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or
decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48)
hours from the notice of the judgment appealed from.

No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all
the pages prominently numbered consecutively, together with an index of the contents thereof.

This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed
under applicable provisions of the Rules of Court.

PD 1606 REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN AS
"SANDIGANBAYAN" AND FOR OTHER PURPOSES

Section 1. Sandiganbayan; composition; qualifications; tenure; removal and composition. A special court, of the same
level as the Court of Appeals and possessing all the inherent powers of a court of justice, to be known as the Sandiganbayan
is hereby created composed of a Presiding Justice and eight Associate Justices who shall be appointed by the President.

Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:

(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act, and
Republic Act No. 1379;

(b) Crimes committed by public officers and employees including those employed in government-owned or controlled
corporations, embraced in Title VII of the Revised Penal Code, whether simple or complexed with other crimes; and

(c) Other crimes or offenses committed by public officers or employees, including those employed in government-owned
or controlled corporations, in relation to their office.

The jurisdiction herein conferred shall be original and exclusive if the offense charged is punishable by a penalty higher
than prision correccional, or its equivalent, except as herein provided; in other offenses, it shall be concurrent with the
regular courts.

In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees
including those employed in government-owned or controlled corporations, they shall be tried jointly with said public
officers and employees.

Where an accused is tried for any of the above offenses and the evidence is insufficient to establish the offense charged,
he may nevertheless be convicted and sentenced for the offense proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted
with, and jointly determined in the same proceeding by, the Sandiganbayan, the filing of the criminal action being deemed
to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such action shall be recognized;
Provided, however, that, in cases within the exclusive jurisdiction of the Sandiganbayan, where the civil action had
therefore been filed separately with a regular court but judgment therein has not yet been rendered and the criminal case
is hereafter filed with the Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation and
joint determination with the criminal action, otherwise, the criminal action may no longer be filed with the Sandiganbayan,
its exclusive jurisdiction over the same notwithstanding, but may be filed and prosecuted only in the regular courts of
competent jurisdiction; Provided, further, that, in cases within the concurrent jurisdiction of the Sandiganbayan and the
regular courts, where either the criminal or civil action is first filed with the regular courts, the corresponding civil or
criminal action, as the case may be, shall only be filed with the regular courts of competent jurisdiction.

Excepted from the foregoing provisions, during martial law, are criminal cases against officers and members of the armed
forces in the active service.

RA 7080 PLUNDER

Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section
1(d) hereof, in the aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty
of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding
any public office. Any person who participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating
circumstances shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock derived from the deposit or investment thereof
forfeited in favor of the State.

Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the original
jurisdiction of the Sandiganbayan.

EO 14 1986
DEFINING THE JURISDICTION OVER CASES INVOLVING THE ILL-GOTTEN WEALTH OF FORMER
PRESIDENT FERDINAND E. MARCOS, MRS. IMELDA R. MARCOS, MEMBERS OF THEIR IMMEDIATE
FAMILY, CLOSE RELATIVES, SUBORDINATES, CLOSE AND/OR BUSINESS ASSOCIATES, DUMMIES,
AGENTS AND NOMINEES

WHEREAS, the Presidential Commission on Good Government was created on February 28, 1986 by Executive Order
No. 1 to assist the President in the recovery of ill-gotten wealth accumulated by former President Ferdinand E. Marcos,
his immediate family, relatives, subordinates and close associates;

WHEREAS, the Presidential Commission on Good Government under Executive Order No. 2, dated March 12, 1986, has
likewise been primarily charged with the responsibility of recovering the assets and properties illegally acquired or
misappropriated by former President Ferdinand E. Marcos and/or Mrs. Imelda R. Marcos, their close relatives,
subordinates, business associates, dummies, agents or nominees;

WHEREAS, Article II, Section 1 (D) of Proclamation No. 3, dated March 25, 1986, declaring a national policy to
implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and
providing for an orderly transition to a government under a new constitution, states that: “The President shall give priority
to measures to achieve the mandate of the people to recover ill-gotten properties amassed by the leaders and supporters of
the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts”;

WHEREAS, the vital task of the Commission involves the just and expeditious recovery of such ill-gotten wealth in order
that the funds, assets and other properties may be used to hasten national economic recovery;

WHEREAS, the overriding considerations of national interest and national survival require that the Presidential
Commission on Good Government achieve its vital task efficiently and effectively, with due regard to the requirements of
fairness and due process;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, hereby order:

SECTION 1. Any provision of the law to the contrary notwithstanding, the Presidential Commission on Good Government,
with the assistance of the Office of the Solicitor General and other government agencies, is hereby empowered to file and
prosecute all cases investigated by it under Executive Order No. 1, dated February 28, 1986, and Executive Order No. 2,
dated March 12, 1986, as may be warranted by its findings.

SECTION 2. The Presidential Commission on Good Government shall file all such cases, whether civil or criminal, with
the Sandiganbayan, which shall have exclusive and original jurisdiction thereof.

SECTION 3. Civil suits for restitution, reparation of damages, or indemnification for consequential damages, forfeiture
proceedings provided for under Republic Act No. 1379, or any other civil actions under the Civil Code or other existing
laws, in connection with Executive Order No. 1 dated February 28, 1986 and Executive Order No. 2 dated March 12,
1986, may be filed separately from and proceed independently of any criminal proceedings and may be proved by a
preponderance of evidence.

The technical rules of procedure and evidence shall not be strictly applied to the civil cases filed hereunder.

SECTION 4. No person shall be excused from attending and testifying or from producing books, papers, correspondence,
memoranda and other records on the ground that the testimony or evidence, documentary or otherwise, required of him
may tend to incriminate him or subject him to prosecution; but no individual shall be prosecuted criminally for or on
account of any transaction, matter or thing concerning which he is compelled, after having claimed the privilege against
self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall
not be exempt from prosecution and conviction for perjury or false testimony committed in so testifying or from such
administrative proceedings as may be proper and necessary.
SECTION 5. The Presidential Commission on Good Government is authorized to grant immunity from criminal
prosecution to any person who testifies to the unlawful manner in which any respondent, defendant or accused has acquired
or accumulated the property or properties in question in cases where such testimony is necessary to prove violations of
existing laws.

SECTION 6. The time limitations provided for in Sections 2 and 6 of Republic Act No. 1379 regarding the filing of cases
and the rendition of judgments thereon shall not apply to the cases filed hereunder.

SECTION 7. The provisions of this Executive Order shall prevail over any and all laws, or parts thereof, as regards the
investigation, prosecution, and trial of cases for violations of laws involving the acquisition and accumulation of ill-gotten
wealth as mentioned in Executive Order Nos. 1 and 2.

SECTION 8. This Executive Order shall take effect immediately.

ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 7691. ENTITLED "AN ACT
EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS
AND 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."

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.

2. The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount under Section 19 (8)
and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely
incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main
cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction
of the court.

3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under
Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of the fine. As a consequence, the Regional Trial
Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their
office, where the offense is punishable by more than four (4) years and two (2) months up to six (6) years.
4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No. 7691, apply only to offenses punishable by
imprisonment or fine, or both, in which cases the amount of the fine is disregarded in determining the jurisdiction of the
court. However, in cases where the only penalty provided by law is a fine, the amount thereof shall determine the
jurisdiction of the court in accordance with the original provisions of Section 32 (2) of B.P. Blg. 129 which fixed original
exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over
offenses punishable with a fine of not more than four thousand pesos. If the amount of the fine exceeds four thousand
pesos, the Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in
relation to their office, where the amount of the fine does not exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to property through criminal negligence which are under
the exclusive original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts, irrespective of the amount of the imposable fine.

AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE
KNOWN AS ACT OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".

Section 3. Establishment of Family Courts. - There shall be established a Family Court in every province and city in the
country. In case where the city is the capital of the province, the Family Court shall be established in the municipality
which has the highest population.

Section 5. Jurisdiction offamily 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.

The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree No. 603, otherwise
known as the "Child and Youth Welfare Code";

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property
relations of husband and wife or those living together under different status and agreements, and petitions for dissolution
of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the
"Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or
involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws;

h) Petitions for the constitution of the family home;

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

k) Cases of domestic violence against:

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

2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

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.

ra 8799 sec. 5.2 chapter 2 (the Securities COde)

CHAPTER II
SECURITIES AND EXCHANGE COMMISSION

Section 5. Powers and Functions of the Commission.– 5.1. The commission shall act with transparency and
shall have the powers and functions provided by this code, Presidential Decree No. 902-A, the Corporation
Code, the Investment Houses law, the Financing Company Act and other existing laws. Pursuant thereto the
Commission shall have, among others, the following powers and functions:
(a) Have jurisdiction and supervision over all corporations, partnership or associations who are the grantees
of primary franchises and/or a license or a permit issued by the Government;
(b) Formulate policies and recommendations on issues concerning the securities market, advise Congress and
other government agencies on all aspect of the securities market and propose legislation and amendments
thereto;
(c) Approve, reject, suspend, revoke or require amendments to registration statements, and registration and
licensing applications;
(d) Regulate, investigate or supervise the activities of persons to ensure compliance;
(e) Supervise, monitor, suspend or take over the activities of exchanges, clearing agencies and other SROs;
(f) Impose sanctions for the violation of laws and rules, regulations and orders, and issued pursuant thereto;
(g) Prepare, approve, amend or repeal rules, regulations and orders, and issue opinions and provide guidance
on and supervise compliance with such rules, regulation and orders;
(h) Enlist the aid and support of and/or deputized any and all enforcement agencies of the Government, civil
or military as well as any private institution, corporation, firm, association or person in the implementation of
its powers and function under its Code;
(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;
(k) Compel the officers of any registered corporation or association to call meetings of stockholders or
members thereof under its supervision;
(l) Issue subpoena duces tecum and summon witnesses to appear in any proceedings of the Commission and
in appropriate cases, order the examination, search and seizure of all documents, papers, files and records,
tax returns and books of accounts of any entity or person under investigation as may be necessary for the
proper disposition of the cases before it, subject to the provisions of existing laws;
(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
(n) Exercise such other powers as may be provided by law as well as those which may be implied from, or
which are necessary or incidental to the carrying out of, the express powers granted the Commission to
achieve the objectives and purposes of these laws.
xxx5.2. The Commission’s 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 intracorporate 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
BRAZA V CITY CIVIL REGISTRAR OF HIMAMAYLAN

braza v civil registrar

f:

-cristina and pablo were married

-pablo died, and on his wake, lucille appeared claiming she was married to pablo and introduced co-
respondent patrick who is pablo's son with lucille

-cristina saw the birth cert of patrick were it reads:

Name of Child : PATRICK ALVIN CELESTIAL TITULAR

Date of Birth : 01 January 1996

Mother : Lucille Celestial Titular

Father : Pablito S. Braza

Date Received at the Local Civil Registrar : January 13, 1997

Annotation : "Late Registration"

Annotation/Remarks : "Acknowledge (sic) by the father Pablito Braza on January 13, 1997"

Remarks : Legitimated by virtue of subsequent marriage of parents on April 22, 1998 at Manila.
Henceforth, the child shall be known as Patrick Alvin Titular Braza (Emphasis and underscoring supplied)

-cristina also obtained a copy of the marriage contract between pablo and lucille

-cristina then filed a petition before the RTC to correct the entries in the birth record of Patrick in the
Local Civil Register

-prayed for (1) the correction of the entries in Patrick's birth record with respect to his legitimation, the
name of the father and his acknowledgment, and the use of the last name "Braza"; 2) a directive to
Leon, Cecilia and Lucille, all surnamed Titular, as guardians of the minor Patrick, to submit Parick to DNA
testing to determine his paternity and filiation; and 3) the declaration of nullity of the legitimation of
Patrick as stated in his birth certificate and, for this purpose, the declaration of the marriage of Lucille
and Pablo as bigamous.

-Patrick’s Motion to Dismiss for Lack of Jurisdiction

-rtc dismissed the petition of cristina without prejudice, it holding that in a special proceeding for
correction of entry, the court, which is not acting as a family court under the Family Code, has no
jurisdiction over an action to annul the marriage of Lucille and Pablo, impugn the legitimacy of Patrick,
and order Patrick to be subjected to a DNA test, hence, the controversy should be ventilated in an
ordinary adversarial action.

-mr denied

-hence, review
-Petitioners maintain that the court a quo may pass upon the validity of marriage and questions on
legitimacy even in an action to correct entries in the civil registrar. Citing Cariño v. Cariño,11 Lee v. Court
of Appeals12 and Republic v. Kho,13 they contend that even substantial errors, such as those sought to
be corrected in the present case, can be the subject of a petition under Rule 108.14

held:

-The petition fails. In a special proceeding for correction of entry under Rule 108 (Cancellation or
Correction of Entries in the Original Registry), the trial court has no jurisdiction to nullify marriages and
rule on legitimacy and filiation.

-Rule 108 of the Rules of Court vis a vis Article 412 of the Civil Code15 charts the procedure by which an
entry in the civil registry may be cancelled or corrected. The proceeding contemplated therein may
generally be used only to correct clerical, spelling, typographical and other innocuous errors in the civil
registry. A clerical error is one which is visible to the eyes or obvious to the understanding; an error
made by a clerk or a transcriber; a mistake in copying or writing, or a harmless change such as a
correction of name that is clearly misspelled or of a misstatement of the occupation of the parent.
Substantial or contentious alterations may be allowed only in adversarial proceedings, in which all
interested parties are impleaded and due process is properly observed.

-The allegations of the petition filed before the trial court clearly show that petitioners seek to nullify
the marriage between Pablo and Lucille on the ground that it is bigamous and impugn Patrick’s filiation
in connection with which they ask the court to order Patrick to be subjected to a DNA test.

-Petitioners insist, however, that the main cause of action is for the correction of Patrick’s birth
records17 and that the rest of the prayers are merely incidental thereto.

Petitioners’ position does not lie. Their cause of action is actually to seek the declaration of Pablo and
Lucille’s marriage as void for being bigamous and impugn Patrick’s legitimacy, which causes of action are
governed not by Rule 108 but by A.M. No. 02-11-10-SC which took effect on March 15, 2003, and Art.
17118 of the Family Code, respectively, hence, the petition should be filed in a Family Court as expressly
provided in said Code.

It is well to emphasize that, doctrinally, validity of marriages as well as legitimacy and filiation can be
questioned only in a direct action seasonably filed by the proper party, and not through collateral attack
such as the petition filed before the court a quo.

Asd