PHILIP BRYAN A.

VILLAMOR
A. EXCLUSIVE ORIGINAL
1. CIVIL CASES
 Civil actions and probate proceedings, testate and
intestate, including the grant of provisional remedies
where the demand, exclusive of interest, damages,
attorney’s fees and costs, does not exceed
P100,000/200,000.

 Exclusive original jurisdiction over cases of forcible

entry and unlawful detainer; issue of ownership
resolved only to determine issue of possession.
à After lapse of 1 year, MTC loses
jurisdiction, and case becomes one for
recovery of possession de jure (action
publiciana), although MTC may still have
jurisdiction if value of property does not
exceed P20,000/50,000.

 Actions involving personal property

valued at not more than P100,000/200,000.

 Actions involving title or possession of real

property where the assessed value does not
exceed P20,000/50,000.
2. CRIMINAL CASES

 Violations of city or municipal ordinances.

 All offenses punishable with not more than

4 years 2 mos 1 day imprisonment,
irrespective of fine.

 All offenses punishable by only a fine of not

more than P4,000.

 Offenses involving damage to property

through criminal negligence.
3. ELECTION CASES

 Offense of failure to register or failure to

vote.

 Election contests for barangay offices.

B. DELEGATED JURISDICTION
in cadastral and land registration cases
covering:

1. Lots where there is no controversy or

opposition; OR

2. Contested lots the value of which does not

exceed P100,000.
à decisions of the MTC in these cases are
appealable to the CA
Summary Procedure
Cases Applicable

A. CIVIL CASES

 All cases of forcible entry and unlawful

detainer irrespective of amount of damages or
unpaid rentals; without question of ownership;
attorney’s fees not exceeding P20,000 if quieting
of ownership; resolved to determine question of
possession.

 Other civil cases EXCEPT probate

proceedings, where the total amount of the
claim does not exceed P10,000, exclusive of
interest and cost.
B. CRIMINAL CASES

 Violation of traffic laws, rules, regulations

 Violation of rental laws

 Violations of city or municipality ordinances

 All other criminal cases where the penalty does not

exceed 6 months or a fine of P1000 or both,
irrespective of other imposable penalties or of the
amount of civil liability

 Damage to property through criminal negligence

where the fine does not exceed P10,000.
 Prohibited pleadings and motions

 Motion to dismiss or quash EXCEPT for lack

of jurisdiction over subject matter or

 failure to comply with Katarungang

Pambarangay (LGC) requirements

 Motion for bill of particulars

 Motions for new trial, reconsideration, re-

opening
 Petition for relief from  Motion to declare
judgment defendant in default

 Motion for extension of  Dilatory motion for

time to file pleadings, postponement
affidavits

 Memoranda  Reply

 Petition for certiorari,  Third-party complaints

mandamus, and
prohibition against any
interlocutory order  Motion for intervention
issued by the court
SMALL CLAIMS

 This Rule shall govern the procedure in

actions before the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal
Trial Courts and Municipal Circuit Trial Courts
for payment of money where the value of the
claim does not exceed One Hundred
Thousand Pesos (P100,000.00) exclusive of
interest and costs.
 TheMetropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall apply this
Rule in all actions which are:
 (a) purely civil in nature where the claim or
relief prayed for by the plaintiff is solely for
payment or reimbursement of sum of money, and
 (b) the civil aspect of criminal actions, either
filed before the institution of the criminal
action, or reserved upon the filing of the criminal
action in court, pursuant to Rule 111 of the
Revised Rules Of Criminal Procedure.
These claims or demands may be:

(a) For money owed under any of the

following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the
following:

1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable

settlement or an arbitration award involving a
money claim covered by this Rule pursuant to
Sec. 417 of Republic Act 7160, otherwise
known as the Local Government Code of 1991.
I. EXCLUSIVE ORIGINAL

A. CIVIL CASES

 Cases where the subject of the litigation is incapable

of pecuniary estimation;

 Involving the title to, or possession of, real property,

or any interest therein, where the assessed value of
the property involved exceeds P20,000/
P50,000, EXCEPT actions for forcible entry and
unlawful detainer;
 All actions in admiralty and maritime
jurisdiction where the demand or claim
exceeds P200,000/P400,000;

 Probate proceedings, both testate and

intestate, where the gross value of the
estate P200,000/P400,000;
 In all actions involving the contract of
marriage and marital relations;

 In all cases not within the exclusive

jurisdiction of any court, tribunal, person or
body exercising jurisdiction;
 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

 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 P200,000/P400,000;
B. CRIMINAL CASES

 All criminal cases not within the exclusive

jurisdiction of any court, tribunal, or body
EXCEPT those within the jurisdiction of the
Sandiganbayan.

 N.B. RTC has jurisdiction over criminal cases

where the penalty imposable:

 Exceeds 4 years 2 mos 1 day imprisonment,

irrespective of fine

 Exceeds fine of P4000, if only a fine is imposable

à Manzano vs. Valera

 Libelis punishable by prision correcional in

its minimum and medium periods. R.A. 7691
places jurisdiction over criminal cases where
the penalty is 6 years or less with the MTCs.
However, Art. 360 of the RPC gives
jurisdiction over libel cases to the
RTC. Special law (RPC) must prevail over
general laws (RA 7691). Also, from the
provisions of R.A. 7691, there is no manifest
intent to repeal or alter the jurisdiction in
libel cases.
II. ORIGINAL

 Issuance of writs of certiorari, prohibition,

mandamus, quo warranto, habeas corpus and
injunction which may be enforced in any part of their
respective regions (concurrent with SC and CA).

 In actions affecting ambassadors and other public

ministers and consuls (concurrent with SC).

 Over offenses committed NOT in relation with public

office with imprisonment exceeding 6 years
committed by public officers classified as salary
grade 27 or higher

 Over election contests for municipal offices.

III. APPELLATE

 All cases decided by the lower courts (MTCs)

in their respective territorial jurisdictions.

 NOTE: no trial de novo; case is decided on the

basis of decision and supporting affidavits.
JURISDICTION OF THE FAMILY COURTS (R.A. 8369)

 Family Courts shall have exclusive original

jurisdiction to hear and decide the following
cases:
 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.
 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 the "Child and Youth Welfare Code";

 Petitions for guardianship, custody of children,

habeas corpus in relation to the latter;

 Petitions for adoption of children and the

revocation thereof;
 Complaints [for]:
 Annulment of marriage
 Declaration of nullity of marriage
 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;
 Petitions for support and/or acknowledgment;
Summary judicial proceedings brought under the
provisions of the "Family Code of the
Philippines";
Petitions for:
 Declaration of status of children as
 Abandoned
 Dependent OR
 Neglected children
 Voluntary or involuntary commitment of children;
 The suspension, termination, or restoration of parental
authority and other cases cognizable under "Child and
Youth Welfare Code", Executive Order No. 56, (Series of
1986), and other related laws;
 Petitions for the constitution of the family home;
 Cases against minors cognizable under the Dangerous
Drugs Act, as amended;
 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
 Cases of domestic violence against:
 Women
 à 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 of
movement; AND
 Children
 à Includes 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

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.

 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.
 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 (concurrent with SC
and RTCs)

 2. EXCLUSIVE original jurisdiction over

actions for annulment of judgments of RTCs.
3. EXCLUSIVE appellate jurisdiction over all
final judgments, decisions, resolutions, orders
or awards of RTCs and quasi-judicial agencies,
bodies, or commissions,

EXCEPT those which fall within the appellate

jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.
1. ORIGINAL jurisdiction over cases involving
ambassadors, other public ministers and
consuls; petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus
(concurrent with RTC).

2. Review, revise, reverse, modify, or

affirm on appeal or certiorari, final
judgments of lower courts in:
 Cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
decree, proclamation, order, instruction, ordinance or
regulation is in question;
 Cases involving the legality of any tax,
impost, assessment, or toll, or any
penalty imposed thereto;
 Cases involving the jurisdiction of

lower courts;

 All criminal cases in which the penalty

imposed is reclusion perpetua or
higher;

 All cases in which only an error or

question of law is involved.
EXCLUSIVE APPELLATE JURISDICTION over:

 Decisionsof the Collector of Internal

Revenue in cases involving disputed
assessments, refunds of taxes, fees or other
charges, penalties imposed in relation
thereto, or other matters arising under the
NIRC;
 Decisions of the Commissioner of Customs in
cases involving liability for customs duties,
fees or other money charges; seizure,
detention or release of property affected;
fines, forfeitures, or other matters arising
penalties imposed in relation thereto; and
other matters arising under the Customs
Law; and

 Decisions
of provincial or city Boards of
Assessment Appeals in cases involving the
assessment and taxation of real property or
other matters arising under the Assessment
Law.
A. ORIGINAL

 Violations of:
 “Anti-Graft and Corrupt Practices Act”;

 R.A. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any
Property Found to Have Been Unlawfully Acquired By Any Public Officer
or Employee and Providing for the Proceedings Therefor”); or

 Title VII, Chapter II, § 2 of the RPC (i.e., Articles 210-212 of RPC)

 à Where one or more of the accused are officials occupying the

following positions in the government, whether in a permanent, acting
or interim capacity, at the time of the commission of the offense:
 Officials of executive branch occupying positions
classified as Grade 27 or higher, specifically
including:

 Provincial governors, vice-governors, members of the

sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department
heads;

 City mayors, vice-mayors, members of the

sangguniang panlungsod, city treasurers, assessors,
engineers and other city department heads;

 Officials of the diplomatic service occupying the

position of consul and higher;

 Philippine army and air force colonels, naval captains,

and all officers of higher rank;
 Officers of the Philippine National Police
while occupying the position of provincial
director and those holding the rank of senior
superintendent or higher;

 City and provincial prosecutors and their

assistants, and officials and prosecutors in
the Office of the Ombudsman and special
prosecutor;

 Presidents, directors or trustees, or managers

of government-owned or controlled
corporations, state universities or
educational institutions or foundations;
 Members of Congress and officials
thereof classified as Grade 27 or higher

 Members of the Judiciary, without

prejudice to the provisions of the
Constitution (on impeachment)
 Chairmen and members of the
Constitutional

 Commissions, without prejudice to the

provisions of the Constitution
 All other national and local officials classified as Grade
27 or higher; or

 Other offenses or felonies, committed by public officials

and employees mentioned in #1, in relation to their
office, whether simple or complexed with other crimes

 Civil and criminal cases filed pursuant to and in

connection with Executive Order Nos. 1, 2, 14 and 14-A
series of
1986.

 Petitions for the issuance of the writs of mandamus,

prohibition, certiorari, habeas corpus, injunctions and
other ancillary writs and processes in aid of its appellate
jurisdiction: provided, that the jurisdiction over these
petitions shall not be exclusive of the Supreme Court and
over petitions of similar nature, including quo warranto,
arising or that may arise in cases failed or which may be
filed under Executive Order Nos. 1, 2, 14 and 14-A
(concurrent with SC)
 à If the last element, namely, “in relation to his
office” is absent or is not alleged in the information,
the crime committed falls within the exclusive original
jurisdiction of ordinary courts and not the SB.

 à The offense is committed in relation to the office if

the offense is intimately connected with the office of
the offender and perpetuated while he was in the
performance of his official functions, or when the
crime cannot exist without the office, or the office is
a constituent element of the crime as defined in the
statute.
B. EXCLUSIVE APPELLATE

 If none of the principal accused are occupying

positions of grade 27 or higher, original
jurisdiction will be with either the MTC or RTC;
SB will exercise exclusive appellate jurisdiction
on said cases.

 à The procedure prescribed in BP Blg. 129, as

well as the implementing rules that the Supreme
Court has promulgated and may hereafter
promulgate, relative to appeals/petitions for
review to the Court of Appeals shall apply to
appeals and petitions for review filed with the
Sandiganbayan.
C. NOTES:
 Private individuals charged as co-principals,
accomplices or accessories with the public
officers or employees, including those employed
in GOCCs, shall be tried jointly with said public
officers and employees in the proper courts
which shall exercise exclusive jurisdiction over
them.

 Any provisions of law or 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 or the
appropriate court, and no right to reserve the
filing of such civil action separately from the
criminal action shall be recognized.
Decisions of the Sandiganbayan:

a. Appealable to the SC by petition for review

on certiorari raising pure questions of law in
accordance with Rule 45 of the Rules of Court;

b. If SB imposes penalty of reclusion

perpetua or higher, the decision shall be
appealable to the SC by Notice of Appeal;

c. If penalty imposed is death, review by the

Supreme Court shall be automatic, whether or
not the accused filed an appeal.
 1. No complaint, petition, action or proceeding
involving any matter within the authority of the
lupon shall be filed or instituted directly in court
or any other government office for adjudication,
unless:
 There has been a confrontation between the parties
before the lupon chairman or pangkat, AND

 That no conciliation or settlement has been reached

as certified by the lupon/pangkat secretary as
attested to by lupon chairman or pangkat chairman,
or unless such settlement has been repudiated by the
parties thereto
2. Disputes subject to Conciliation
Requirement: All disputes between parties
actually residing in the same city or
municipality

à HOWEVER, the court in which non-criminal

cases not falling within the authority of the
Lupon may, at any time before trial, refer
the case to the lupon for amicable
settlement.
3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC
Circular 14-93)

 Where one party is the government, or any

subdivision or instrumentality thereof;

 Where one party is a public officer or employee,

and the dispute relates to the performance of his
official functions;

 Where the dispute involves real properties

located in different cities and municipalities,
unless the parties thereto agree to submit their
difference to amicable settlement by an
appropriate Lupon;
 Any complaint by or against corporations,
partnerships or juridical entities, since only
individuals shall be parties to Barangay
conciliation proceedings either as
complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules);

 Disputes involving parties who actually

reside in barangays of different cities or
municipalities, EXCEPT:

 Where such barangay units adjoin each other,

AND
 The parties thereto agree to submit their
differences to amicable settlement by an
appropriate Lupon;

 Offenses for which the law prescribes a

maximum penalty of imprisonment exceeding
one (1) year or a fine over five thousand
pesos (P5,000.00);
 Offenses where there is no private offended
party;
 Disputeswhere urgent legal action is
necessary to prevent injustice from being
committed or further continued, specifically
the following:
 Criminal cases where accused is under police
custody or detention;
 Petitions for habeas corpus by a person illegally
deprived of his rightful custody over another or a
person illegally deprived of his liberty or one
acting in his behalf;
 Actions coupled with provisional remedies such
as preliminary injunction, attachment, delivery
of personal property and support during the
pendency of the action; AND
 Actions which may be barred by the Statute of
Limitations.
 Any class of disputes which the President may
determine in the interest of justice or upon the
recommendation of the Secretary of Justice;
 Where the dispute arises from the Comprehensive
Agrarian Reform Law (CARL) (Sections. 46 & 47, R.A.
6657);
 Labor disputes or controversies arising from
employer-employee relations (Montoya vs. Escayo, et
al., 171 SCRA 442; Art. 226, Labor Code, as amended,
which grants original and exclusive jurisdiction over
conciliation and mediation of disputes, grievances or
problems to certain offices of the Department of
Labor and Employment);
 Actions to annul judgment upon a compromise, which
may be filed directly in court.
Situation Venue
Parties reside in same barangay That barangay
Parties reside in different barangays Barangay where respondent, or any
of the respondents, actually resides,
at the option of the complainant

Disputes involving real property or Barangay where property is situated

interest therein

Disputes arising at the workplace Barangay where such workplace or

where the contending parties are institution is located
employed, or at the institution
where such parties are enrolled for
study
à Objections to venue shall be raised in the
mediation proceedings before the punong
barangay; otherwise, they are deemed
waived. Legal questions that might arise in
resolving such objections before the punong
barangay are to be submitted to the
Secretary of the DOJ, whose ruling shall be
binding.
5. EFFECT OF NON-COMPLIANCE:

 Dismissal upon motion of defendants for

failure to state cause of action or
prematurity; OR

 Suspension of proceedings upon petition and

referral of case motu proprio to appropriate
barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:

 Complainant pays appropriate filing fees, and

shall complain, orally or in writing, to the
lupon chairman of the barangay;

 Lupon chairman shall make attempts at

mediation; if he fails within 15 days from
date of first meeting, he shall set a date for
the constitution of a pangkat ng
tagapagsundo (3 members; chosen by the
parties from the list of the members of the
lupon)
 Pangkat shall have power to issue summons,
and shall hear both parties and their witnesses,
and attempt to arrive at an amicable
settlement. Within 15 days from the day it
convenes, it shall arrive at said settlement or
resolution of the dispute.

 à During the 15-day period when the dispute is

under mediation, the prescriptive periods for
offenses, and for causes of action shall be
interrupted upon filing of the complaint with the
punong barangay. Said interruption shall not
exceed 60 days from said filing.

 à In all proceedings, parties must appear in

person without the assistance of counsel or
representatives, EXCEPT for minors and
incompetents who may be assisted by their next-
of-kin who are not lawyers.
7. Amicable settlement shall have the force
and effect of a final judgment upon the
expiration of 10 days from date of amicable
settlement, unless:

a. It is repudiated, or
 Repudiation must be done within 10 days, by
filing a sworn statement with the lupon
chairman;
 The grounds for repudiation are vitiation of
consent by fraud, violence or intimidation;
 Such repudiation is a sufficient basis for the
issuance of a certification for filing a
complaint with the court.
 b. A petition to nullify the settlement is
filed in the proper city or municipal court
 à The settlement agreed upon does not have
the force and effect of a final judgment
when the dispute is not within jurisdiction of
the lupon but submitted to it. In this case,
the compromise agreed upon by the parties
before the lupon/pangkat chair shall be
submitted to the court and upon approval
thereof, shall have the force and effect of a
judgment of said court.
8. EXECUTION OF AMICABLE SETTLEMENT:

a. Within 6 months from date of settlement:

by the lupon.

b. Thereafter, by action in the appropriate

city of municipal court
 9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing
a complaint in court) shall be issued only upon
complying with the following requirements:

 Issued by lupon secretary and attested

by lupon chairman/ punong barangay, that
confrontation took place and conciliation
settlement was reached, but subsequently
repudiated.

 Issued by pangkat secretary and attested by

pangkat chairman, that:

 There was a confrontation but no settlement; OR

 There was no personal confrontation without any

fault on the part of the complainant.
 Issued by the Punong Barangay, as requested
by the proper party, on the ground of failure
of settlement, where the dispute involves
members of the same indigenous cultural
community, which shall be settled in
accordance with the customs and traditions
of that particular cultural community, or
where one or more of the parties to the
aforesaid dispute belong to the minority and
the parties mutually agreed to submit their
dispute to the indigenous system of amicable
settlement, and there has been no
settlement as certified by the datu or tribal
leader or elder, to the Punong Barangay of
the place of settlement.
à If mediation or conciliation proved
unsuccessful before punong barangay there
having been no agreement reached to
conciliate, OR respondent failed to appear
before punong barangay, Punong Barangay
shall not issue the certification (because now
mandatory for him to constitute the Pangkat
before whom mediation, conciliation, or
arbitration proceedings shall be held.)