ENFORCEABILITY OF COURT WRITS AND PROCESSES

Another provision that I want to emphasize before we leave this subject of court is Section 3 of the
Interim
Rules.
Question: The court of Davao will issue a writ or a process. Can that writ or process be enforced in
Cebu or
Manila? Or only in Davao? Or only in Region IX? Hanggang saan ba ang enforceability ng aking writ or
processes? You have to distinguish what kind of writ or process you are talking about.
Under Section 3, Interim Rules:
Sec. 3. Writs and Processes. -
a) Writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and
injunction issued by a regional trial court may be enforced in any part of the
region.
b) All other processes whether issued by the RTC or MetTC, MTC, and MTC may
be served anywhere in the Philippines, and, the last three cases, without a
certification by the judge of the RTC.
Q: What is the area of enforceability of writs and processes of the courts?
A: Under Section 3 of the Interim Rules, you have to distinguish what kind of writ or process you are
talking
about:
a) If it is a writ of certiorari, prohibition, mandamus, quo warranto, habeas corpus,
injunction,
it can be enforced anywhere within the region. So at least, RTC can enforce it within the
region and it cannot enforce those writs outside the region.
4
EXAMPLE: If you are illegally detained, you can ask the court to issue a writ of habeas corpus.
Now, a person is detained in Bansalan and the family is here in Davao City. They filed a petition for
habeas corpus in Makilala, North Cotabato. Makilala is in Region 12 and the RTC of Bansalan is part of
the 11th judicial region. Thus, the judge in Makilala cannot issue the writ of habeas corpus due to the
fact that Bansalan belongs to the 11th judicial region while Makilala is in the 12th judicial region. The
RTC of Tandag, Surigao is Region 12 and therefore can issue a writ of habeas corpus to be enforced in
Makilala which is hundreds of miles away because they are of the same judicial region. And yet the
RTC of Bansalan cannot issue a writ to be enforced in Makilala, North Cotabato, which is the next
town, because that is not part of their region. The law is very clear: writs of certiorari, prohibition,
mandamus, quo warranto, habeas corpus and injunction issued by a trial court may be enforced in
any part of the region.
b) Section 3 further says, all other writs are enforceable anywhere in the Philippines.
Suppose
the MTC issues a warrant for the arrest of the accused in the criminal case, and he fled to
Baguio City, such warrant can be enforced there. This includes summons, writs of
execution
or (search warrants).