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Remedial Law Part 02 Jurisdiction
Remedial Law Part 02 Jurisdiction
Remedial Law Part 02 Jurisdiction
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B.Classifications of jurisdiction
Classifications of jurisdiction .1 General or Limited/special .a General jurisdiction power to adjudicate all controversies except those expressly withheld from the plenary powers of the court .b Limited/special jurisdiction restricts the courts jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law .2 original or appellate .a Original jurisdiction power of the court to take judicial cognizance of a case instituted for judicial action for the first time under conditions provided by law .b appellate jurisdiction authority of a court higher in rank to re-examine the final order or judgment of a lower court which tried the case now elevated for judicial review .3 exclusive or concurrent .a exclusive jurisdiction power to adjudicate a case proceeding to the exclusion of all other courts at that stage or
.b concurrent/coordinate jurisdiction power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same stage of the same case in the same or different judicial territories .4 over subject matter, person, or the res .a jurisdiction over the subject matter conferred by law, determined upon the allegations made in the complaint, irrespective of whether the plaintiff is entitled or not, to recover upon the claim asserted therein .b jurisdiction over the person )1 )2 )a plaintiff acquired by filing of the initiatory pleading and payment of the complete filing fees. defendant acquired by the proper service of summons
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Page )b )c voluntary appearance in court, or voluntary submission to the authority of the court.
.c jurisdiction over the res acquired by )1 )2 the seizure of the thing under legal process whereby it is brought into actual custody of law, or the institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective (ex: writ of attachment)
(e) All cases in which only an error or question of law is involved. (3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. (4) Order a change miscarriage of justice. of venue or place of trial to avoid a
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
muklo Page 3 (6) Appoint all officials and employees of the judiciary in accordance with the Civil Service Law. Powers of the Supreme Court .1 original jurisdiction over .a cases affecting ambassadors, other public ministers and consuls .b petitions for certiorari, prohibition, mandamus, quo warranto .c habeas corpus .2 appellate jurisdiction over cases of .a constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. .b legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto .c jurisdiction of any lower court is in issue. .d penalty imposed is reclusion perpetua or higher. .e only an error or question of law is involved. .3 Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed 6 months without the consent of the judge concerned. .4 Order a change of venue or place of trial to avoid a miscarriage of justice. .5 Promulgate rules concerning .a the protection and enforcement of constitutional rights .b pleading, practice, and procedure in all courts .c the admission to the practice of law .d the Integrated Bar, and .e legal assistance to the underprivileged .6 Appoint all officials and employees of the judiciary in accordance with the Civil Service Law. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
muklo Page 4 (2) Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts; and (3) Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, 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 of 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 further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice. Jurisdiction of the CA .1 Original jurisdiction .a Exclusive jurisdiction over actions for annulment of judgment of RTC .b Concurrent jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes .2 Exclusive appellate jurisdiction over RTCs and quasi-judicial agencies, instrumentalities, boards or commissions, except COMELEC or Commission on Audit The CA shall have the power to .1 try cases and conduct hearings (must be continuous and completed within 3 months, unless extended by the Chief Justice) .2 receive evidence and .3 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. CA now has appellate jurisdiction over the NLRC. Note: Constitutional Commission decisions should have been appealable to the SC under the Constitution. CSC decisions are appealable to the CA only by law.
muklo Page 5 (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 (dispute in ownership, possession, or any interest) 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; (3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds Three hundred thousand pesos (P300,000) or, in Metro Manila, where such demand or claim exceeds Four hundred thousand pesos (P400,000); (amount increased as per RA7691) (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds Three hundred thousand pesos (P300,000) or, in probate matters in Metro Manila, where such gross value exceeds Four Hundred thousand pesos (P400,000); (amount increased as per RA7691) (5) In all actions marital relations; involving the contract of marriage and
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of 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 Court 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 Three hundred thousand pesos (P300,000) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Four Hundred thousand pesos (P400,000). (amount increased as per RA7691) The interest to be excluded is the interest imposed as a form of damages as a result of default (e.g. legal interest), not interest which the defendant must pay even if he is not in default (cf Art. 1170, 1169 CC). Penalties should be included in the computation of the sum demanded. RA 7691, Sec. 5. After five (5) years (which is 1999) from the effectivity of this Act (effectivity: 1994), the jurisdictional amounts mentioned in Sec. 19(3), (4), and (8) xxx 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 (which is 2004), such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00): Provided, however, That in the
muklo Page 6 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). Sec. 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. Sec. 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. Sec. 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 Intermediate Appellate Court 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. Jurisdiction of the RTC .1 Civil cases exclusive original jurisdiction. .a actions in which the subject of the litigation is incapable of pecuniary estimation .b actions involving the (dispute to ownership, possession, or any interest) title to, or possession of, real property, or any interest therein )1 )a )b )2 where the assessed value of the property involved exceeds P20,000 outside Metro Manila P50,000 in Metro Manila
except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the inferior courts
.c actions in admiralty and maritime jurisdiction where the demand or claim exceeds )1 )2 P300,000 outside Metro Manila P400,000 in Metro Manila
muklo Page 7 .d matters of probate, both testate and intestate, where the gross value of the estate exceeds )1 )2 P300,000 outside Metro Manila P400,000 in Metro Manila the contract of marriage and marital
.f cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; .g actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations .h 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 NOTE: penalties shall be included in the computation of the sum. )1 )2 P300,000 outside Metro Manila P400,000 in Metro Manila
.2 Criminal cases exclusive original jurisdiction in .a all criminal cases not within the exclusive jurisdiction of any court, tribunal or body .b except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. .3 Concurrent original jurisdiction .a 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 .b actions affecting consuls. ambassadors and other public ministers and
.4 Appellate jurisdiction all cases decided by the inferior courts in their respective territorial jurisdictions
4.MTC, MeTC (Secs. 32-33, BP 129 as amended by RA 7691, and Sec. 5, RA 7691)
Sec. 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:
muklo Page 8 (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. Sec. 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 Three hundred thousand pesos (P300,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Four hundred thousand pesos (P400,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions 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; (amount increased as per RA7691) (2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions 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; and (3) Exclusive original jurisdiction in all civil actions which involve (dispute to ownership, possession, or any interest) 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 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.
muklo Page 9 RA 7691, Sec. 5. After five (5) years (which is 1999) from the effectivity of this Act (effectivity 1994), the jurisdictional amounts mentioned in xxx 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 (which is 2004), 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 (1999) from the effectivity of this Act (1994) to Four hundred thousand pesos (P400,000,00). Jurisdiction of the MTC .1 Criminal Cases (except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan) exclusive original jurisdiction over .a all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and .b all offenses punishable with imprisonment not exceeding 6 years )1 )2 )3 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
.2 Civil Cases Exclusive original jurisdiction over .a Civil actions and probate proceedings where the value of the personal property, estate, or amount of the demand )1 )a )b )2 does not exceed P300,000 outside Metro Manila P400,000 in Metro Manila
exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged (but interest, damages, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees) where there are several claims or causes of actions 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
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.b cases of forcible entry and unlawful detainer (when, in such cases, the defendant raises the questions 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) .c actions which involve (dispute to ownership, possession, or any interest) title to, or possession of, real property, or any
muklo Page 10 interest therein where the assessed value of the property or interest therein )1 )a )b )2 )3 does not exceed P20,000 outside Metro Manila P50,000 in Metro Manila
exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: 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.
muklo Page 11 conditioned upon any specific fact or matter. But when a party to a contract has agreed to refund to the other party a sum of money upon compliance by the latter of certain conditions and only upon compliance therewith may what is legally due him under the written contract be demanded, the action is one not capable of pecuniary estimation and is within the jurisdiction of the RTC. The payment of a sum of money is only incidental which can only be ordered after a determination of certain acts the performance of which being the more basic issue to be inquired into. Counterclaim filed in MTC in excess of the MTCs jurisdictional amount is considered waived (Agustin v. Bacalan, GR L-46000). NOTE: case of specific performance for delivery of title of real property from people engaged in the realty business is within the primary jurisdiction of the HLURB.
The fact that when the complaint was filed with the SEC, Uy-Flores and Uy-Chua were no longer stockholders of the UBS did not divest the SEC of its jurisdiction. The existence of the intra-corporate relationship at the time of the filing of the complaint does not determine the jurisdiction of the SEC. The fact that the intracorporate relationship has apparently terminated does not deprive the SEC of its jurisdiction to hear and decide the controversy which arose from that relationship. The determining factor is whether the controversy arose out of intra-corporate relations.
muklo Page 13 spirited out of its strike-bound premises thru Rustan's warehouse, TUPAS picketed Rustan as well. Rustan thus files a petition for injunction and damages before the RTC and NLRC to enjoin the union from picketing its premises. RTC after finding no employer-employee relationship between the parties, issued the writ of preliminary injunction. TUPAS files a case of Unlawful delegation of Legislative Power (ULP) against both Super Garments and Rustan alleging that the former is but the manufacturing arm of the latter. TUPAS claims that the RTC has no jurisdiction to issue an injunction because the case is a labor dispute, that the prerogative belongs to the Secretary of Labor and Employment. Held: Where no employer-employee relation exists between the parties, there is no labor dispute. The civil courts, not labor officials, has jurisdiction. There is no labor dispute between the TUPAS and Rustan. Therefore Rustan was justified in seeking relief in before the RTC. The ULP complaint filed by TUPAS does not prove a labor relationship. Furthermore, it was improper for Rustan to have filed a case with the NLRC.
muklo Page 14 The CA has jurisdiction to award moral and exemplary damages in original special civil actions of mandamus, even without an express grant from statute.