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ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW URISDICTION OF COURTS NOTE: The Jurisdiction tables below are taken from Feria!, Justice Jose Y. and Atty. Maria Concepcion S. Noche. Civil Procedure Annotated. Val. 1. 2013 Ed. Quezon City: Central Book Supply, Inc., 2013. 665- 700, updated with jurisprudence and new laws, 1. SUPREME COURT (Feria and Noche, pp 685-658) | Olney Original and Exclusive ‘mandamus aganst ions for the issuance of wits of cerfiorar, probibi | Court of Appeals. 2. Commission on Elections. | 3. Commission on Audit | 4. Sendiganbayan | Court of Tax Appeals, _ _ = i, Original and Concurrent “With the CA 1 Palitons for the issuance of writs of cerlorari, prohibition and ‘mandamus against ‘a, NLRC. However, the petitions should be filed with the CA based on hierarchy of courts; otherwise, they shall be dismissed.) b. OSC. c. Quasi-Judicial Agencies. (However, the petitions should be filed with | the CA} | 4. RTC and lower courts. - 2. Petitions for the issuance of a wait of kalikasan jim the CA, SB and | 1. Petition for writ of amparo. RTC 2. Patition for writ of habeas data 3 With the GA and RTC] 7. Petiions for habeas corpus and quo warranto. 2. Petitions for the issuance of wits of certiorari, prohibition and ‘mandamus against lower courts or bodies. 3. Petitions for the issuance of writ of continuing mando: environmental cases. ‘Adions affecting ambassadors, olher public minislers and consuls. haa eeu From the RTC of the S8 ail criminal cases wihere the penalty Imposed ig roclusion perpeluz or higher, and those involving otner offenses which, although not so punished, arose out of the same ogcurrence or which may have been committed by the accused on the same occasion, as that iving rise to the more senous offense, regardless of whether the accused are charged principals, accomplices or accessories, or whether they have been triec jointly or separately. | 4. With the RTC 1. Appeal by Notice of, Appeal By appeal, the SC reviews the questions of law and of fact decied by tho court a quo. __ | PAGE 4 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW | 2. Appeal by Petition for Review on Certiorari 3. Special Civil Action of ~ Cortiorari within 30 days ‘Appeals from the: 1. Court of Appeals 2. Sandigantayan - on pure questions of law, except in cases where the penalty imposed is reclusion perpetua, life imprisonment or death 3. Court of Tax Appeals. 4, Regional Trial Courts - exercising ongnal jurisdiction in the folowing cases: a. If no question of fact is involved and the cases involves: ()——Constitutionaity or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation in question; (i) Legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; or (iii) Jurisdiction of tower courts is in issue | (Note: If, in addition to constitutional, tax, or jurisdictional questions, the cases mentioned in (i, (jf) and (i) above also involve questions of fact or mixed questions of fact and law, the aggrieved party shall appeal to the CA; and the final judgment or decision ofthe latter may be reviewod, revised, reversed, modified or affimed by the SC on wrt of certiorari) cases in which only errors of questions of law are involved. | Decision, order or ruling of. 1. Commission on Elections 2. Commission on Audit ree eran | ‘Actions for annulment of jadgments of the RTC on the grounds of exirinsic fraud and lack of 2. COURT OF APPEALS (Feria and Noche, pp. 669-672) i. Original and Exclusive jurisdiction. ii, Original and Concurrent Cl with the Sc 7. Palitions for he issuance of writs of cortoran, prohibition and ‘mandamus against a. NLRC. [Howaver, the petitions should be filed with the CA: otherwise, they shall be dismissed | b. CSC, c. Quasi-Judicial Agencies. [However, the petitions should be fled with the CA] 4d. RTC and lower courts 2. Petitions for the issuance of a writ of kaikasan, 2. With the SC, SB, and RTC T. Petition for writ of amparo, 2. Petition for writ of habeas data. PAGE 5 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW [3 With the SC andRTC | 1. Petitions for habeas corpus and quo 2. Pelitions for the issuance of writs of cortiorari, prohibition and ‘mandamus against lower courts or bodies. 3. Petitions for the issuance of wit of continuing mandamus in environmental cases. ary Appeal by] Anpeals from Notice of 2. Appeal or —_| 1. RTCin the exercise of its original jurisdiction, except in all cases where Record on Appeal | Gay questions of law are raised or involved, which are appealabe to | tre SC by petition for review on cortiorart in accordance with Rule 45 | > pre on constitutonal and Jurisdictional questions which involve questions of fact. 3. Family Courts |--Appeal by Patton for | An appeal may bo Taken tothe CA wheter the appoal involves question | Review of fect. mi Flaw, in the | owing cass | | Requtar | 1 Appeals from RTC in the exercise ofits appet ed questions of fact and law, or questio te jurisdiction | Special | 1. Appeals from CSC. 2. Appeals from Quasiviudicial Agencies: a. Securities end Exchange Commission b. Office of the President G. Land Registration Authority a. e. Social Seourity Commission Civil and Aeronautics Board Intellectual Property Office National Electrification Administration Energy Regulatory Commission National Telecommunications Commission Department of Agrarian Reform under RA 6657 Gavernment Service Insurance System Employees Service Insurance System Insurance Commission Philippine Atomic Energy Commission Board of Investments Construction Industry Arbitration Commission Voluntary Artitrators authorized by law ‘Ombudsman, in administrative disciplinary cases National Commission on Indigenous Peoples. orepesgrseoses From the judgments or final orders or resolutions of the CA, the aggrieved party may eppeal by certiorari to the SC as provided in Rule 45. Judgments and final orders of the CTA en bane are now appealable to the SC through @ petition for roview under Rule 45, pursuant to RA 9262. PAGE 6 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW [- 3. SANDIGANBAYAN (as amended by Section 4, RA. 10660, promulgeted Apri 16, 2018) Groans 1. Vidlations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No, 1379, otherwise known as An Act Declaring Forfeiture in favor of the Slate any Property Found to have been Unlawtully Acquired by any Public Officer or Employee and Providing for the Proceedings therefor, and Chapter Il, Section 2, Title Vil, Book Il of the Revised Penal Code, 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 the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: | i. Provincial governors, vice-governors, members of the sangguniang paniatawigan, and provincial treasurers, assessors, enginaors, and other provincial department heads: 4%. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, enginoors, and other city department heads; ii, Officials of the diplomatic service occupying the position of consul and higher; iv. Philippine army and ait force colonels, naval captains, and all officers of higher rank; \V. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher, Vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the fice of the Ombudsman and special prosecutor; vii. Presidents, directors or trustees, or managers of government-owned or controlled | corporations, state universities or educational institutions or foundations, Note: Those specifically mentioned herein (a-g) need not be with a salary grade of 27 or higher to be under the jurisdiction of the Sandiganbayan. (Inding v. Sandigantayan, G.R. No. 143047, 2004) b. Members of Congress and officsls thereof classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989; cc. Members of the judiciary without prejudice to the provisions of the Constitution; |G. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989. Note: In cases where none of the accused are occupying positions corresponding to Salary Grade '27 or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested In the proper regional trial court, metropolitan tral court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Big. 129, as amended. PAGE T OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW [3 Other offenses or felonies whether simple or complexed with other crimes ‘committed by the public officials and employees mentioned in subsection a. of this section in relation to their office. The Offense is in relation to the office when: ‘a. The offense is iniimately connectad with the office of the offender and perpetrated while he was in the perlormance of his official functions b. The crime cannot exist without the office C.. The office is a constituent eloment of the crime as defined in the statule Ifthe character of being “in relatiun to his office” is absent oF is not alleged in the information. the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the Sandiganbayen. 3. Civil and criminal cases fled pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14- A, issued in 1986. Note: Any provisions of iaw or Rules of Court to the contrary notwithstanding, the criminal action end the | corresponding civil action for the recovery of civit iabiity shall 3 be simultaneously instituted | Gath and joint determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filng of the criminal action being deemed to necessarily cary with it the fling of the elvil action, and to right to reserve tho fling of such civil action separataly from the criminal ction shall be recognized. Note: Where the civil action had heretofore been filed separately but judament therein has not yet been. fendered, and the criminal case is hereatter filed wih the Sandiganbayan or the appropriate cour, said Gil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for Consolidation and joint determination with the criminal action, otherwise the seperate civil action shall be deemed abandoned. 4. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, ‘and other ancilary writs and processes in ald of its appellate jurisdiction and over petitions of similar | fature, including quo warranto, arising or that may arise in cases filed or which may be filed under | Executive Order Nos. 1,2, 14 and 14-A, issued in 1986, Note that the jurisdction over these pettons | shai not be exclusive of the Supreme Cou Myotis ae Mine Sandiganbayan shall exercise exciusive appelite jurisdiction over final judgments, resolutions or ‘orders of Regional Trial Courts whether in the exercise of their own original jurisdiction or of their appeliate jurisdiction as provided in R.A, 10660. si wr Note: The procedure prescribed in Batas Pambansa Big. 129, as well as the implementing rules that he Supreme Court has promulgated and may hereafter promulgate, relative to appealsipatitions for review to the Court of Appeals, shall apply to appeals and pettions for review fled with the Sandiganbayan, In il cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office Gf the Ombudsman, through its spacial prosecutor, shall represent tho People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2. 14 and 14-A, issued in 1986. PAGE 8 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW [ 4, COURT OF TAX APPEALS Orca assent ean ake 1. Decisions from the COMMISSIONER OF INTERNAL REVENUE in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internat Revenue Code (NIC) or other laws administered by the Bureau of Internal Revenue (BIR) 2. Inaction by the COMMISSIONER INTERNAL REVENUE in cases involving dsputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by the BIR, where the NIRC provides a specific period of action, in which case the | inaction shall be deemed a denial 3. Decisions, orders or resolutions of REGIONAL TRIAL COURTS in local tax casas originally decided or resolved by them in the exercise of their original and appellate jurisdiction. 4, Decisions of the COMMISSIONER OF CUSTOMS in cases involving liability for custom duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs, 5. Decisions of the CENTRAL BOARD OF ASSESSMENT APPEALS in the exercise of its appellate jurisdiction ‘over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals. 6. Decisions of the SECRETARY OF FINANCE. | fon customs cases elevated to him/her automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tanff and Customs Code. 7. Decisions of the SECRETARY OF TRADE AND INDUSTRY in the case of non-agricultural product, commodity or erticle; and 8. Decisions of the SECRETARY OF AGRICULTURE in the case of agricutural product, commodity or article involving dumping and countervailing duties under Sections 301 and 302, respectively, of the Tariff and Customs Code and safeguard measures under the RA 8800, where either party may appeal the decision to impose or not to impose said duties. Olen Criminal cases arising from violations of the: 4. National Internal Revenue Code. 2. Tariff and Customs Code. 3. Other laws administered by the BIR or the Bureau of Customs. 1. Exclusive Appoliate Jurisdiction PAGE 9 OF 157 ATENEO CENTRAL REMEDIAL LAW BAR OPERATIONS 2018 2. Exelusive Appell Jurisdiction Oca Cases involving final and executory assessment for taxes. fees, M1, Exclusive Original Jurisdiction | 2, Exclusive Appellaio Jurisdiction Provided, however, that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exciusive of | Gharges and penalties, claimed in less than P1M or where there is 0 Specified amount claimed shall be tried by the reguiar courts and the jurisdiction of the GTA shall be appellate ‘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 iabilty for taxes and penalties shell be at al | times bo simultaneously instituted with, and jointly determined in the | ‘same proceeding by the CTA, the fing of the criminal action being | ‘deemed to necessarily carry with it the filing of the civil action, and no fight to reserve the filing of such civil action Separately from the criminal action will be recognized. ‘ 1. Over appeals from the judgments, resolutions or orders of the RTC in tax cases originally decided by them, in theie respective teritorial | juitdiction. 2. Over petitions for review of the judgments, resolutions or orders of | | the RTC in the exercise of their appellate jurisdiction over tax cases originally decided the MeTC, MTC and MCTC in their respective | | juried charges and penalties: Provided, however, that collection cases whore } the principal amount of taxes and fees, exclusive of charges and penalties, claimod is less than P4M shall be tried by the proper MTC, MeTC and RTC. | Tn tax collection cases: 4. Over appeals from the judgments, resolutions or orders of the RTC in tax collection cases originally decided by them, in their respective territorial jurisdiction. 2. Over petitions for review of judgments, resolutions or orders of the RIC in the exercise of their appellate jurisdiction over tax collection cases originally decided the MeTC, MTC and MCTC In their respective jurisdiction PAGE 10 OF 187 ATENEO CENTRAL BAR OPERATIONS 2018 ieee eee REMEDIAL LAW 5, REGIONAL TRIAL COURTS i. Original and Exclusive 7. CIVIL Cases 7. Gil actions in which the subject of ligation is incapable of pecuniary estimation 2. Chil actions which involve the lille to, oF possession of, REAL property, or any interest therein, where the assessed value of the property involved exceeds P20K, or PSOK if in Metro Manila, except actions forcible entry and unlawful detainer which are cognizable by the MeTC, MTC, MCTC. 3. Actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300K, or P400K if in Metro Manila 4. Matters of probate, both testate and intestate, where the gross value of the estate exceeds P300K, or P400K if in Metro Manila, 5. Cases not within the exclusive jurisdiction of any court, tunal person or body exercising judicial or quasi-judicial functions. 6. Actions involving the contract of marriage and marital relations. 7. Civil actions and special proceedings falling within the exclusive criginal jurisdiction of a Juvenile and Domestic Relations Court and of the Special Agrarian Courts as now provided by law. 8. 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 P300k, or P400K if in Metro Manila IMPORTANT: If the claim for damages is the main cause of action, the ‘amount thereof shall be considered in determining the jurisdiction of the court 2. CRIMINAL Cases Criminal cases not within the exclusive jurisdiction of any court, Wibunal ‘or body, such as the following 1. Penalty provided by law exceeds 6 years imprisonment, irrespective offine. 2. Those not falling under the original jurisdiction of the Sandigenbayan where none of the principal accused are occupying positions corresponding to salary grade ourts as now provided by law., except actions for Manila.try and unlawful detainer which are co their equivalent and the penally provided by law exceeds 6 years imprisonment, irrespective of fine. PAGE $f OF 157 ATENEO CENTRAL 3. OTHER Cases BAR OPERATIONS 2018 REMEDIAL LAW 13. Only penalty provided by law 's a fine ‘exceeding P4K. 44. Over criminal cases specttically conferred by special laws; ‘Libel and written defamation. Administrative Order No, 104 96, 1096 dosignated the RTC as a special court having jurisdiction in libel cases. b. Violations of the Comprehensive Dangerous Drugs Act of 2002. Regardiess of its penalty, the jurisdiction fais win the Regional Trial Court designated as Dnigs Court (People v. Morales, G.R. No. 126623, 1997; RA. No. 9165, Sec. 90). But if tho case involves @ minor, the jurisdiction lies with the Family Courts. (R.A, 8369, ase . Violations of intellectual property rights. (A.M, No. 03-03- 03-SC, 2003) Election offenses © Violations of the Anti-Violence against Women and their i Children Act of 2004 (specifically, those involving violence against women an ‘under Section 5). f. Violations of the Comprehensive Agrarian Reform Law. N.g.: Family Courts have exclusive original jurisdiction over criminal | cases where one or more of the accused is below 18 years old. oF ‘when one or more of the victims is @ minor at the time of the ‘Commission of the offense. However, ifthe victim has already died, such fs in homicide cases, the regular courts can have jurisdiction. (People Dela Torre-Yadao (G.R. Nos. 162144-54). 7, Actions for recognition and enforcement of en arbitration agreement of for vacation, setting aside, correction or modification of an arbitral Gward, and eny application with @ court for arbitration assistance and supervision. 2. Actions for determination of just compensation to land under the CARL. . R.A, 10880 (promulgated April 16, 2015): The REGIONAL TRIAL COURT shell have exclusive original jurisdiction where the Information involving civil and criminal cases 44 end 14-A (1968): 8. Does not allege eny damage to the government or any bribery |b. Alleges damage to the government or pibery arising frm he | ‘same oF closely related transactions or acts in an amount not ‘exceeding One milion pesos (P't,000,000.00). Note: Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court under ‘Section 4 of R.A. 10660 shall be tried in a judicial region other than where the official holds office. filed pursuant to and in connection with Executive Order Nos. 1. 2, | | | | (A. With the SC ii, Original and Concurrent [[Adions affecting ambassadors and olher public ministers and consuls PAGE 12 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW | 2 ma tie Sanaa 1. Issuanos of wits of cartiorar), prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions. 2. Petition for the issuance of writ of continuing mandamus in | - environmental cases. 3. With the SC, CA and SB_ | 1. Petiticn for writ of amparo. _ _ 2. Petition for weit of habeas data ae | 4, With the Insurance Claims not exceeding P100K. This is applicable if subject of the action | Commissioner is incapable of pecuniary estimation; otherwise, jurisdiction is concurrent with the MeTC. (OV ase weer} ‘Cases decided by the MeTC, MTC, MTCC and MCTC in their respective territorial Jurisdiction, ORG armen ‘The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do nat fall under the | jurisdiction of quasi-judicial bodies and agencies, andior such other special cases as the SC may determine in the interest of a speedy and efficient administration of justice. PAGE 13 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW 6, FAMILY COURTS ia and 680-692) Pen eurkaceae neon 1. Criminal cases where one or more of the accused is 1Sandle 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 ascertain any civil liability which the accused may have incurred. The sentence, however, shail be suspended without need of application pursuant te the Child and Youth Welfare Code (PD 603). 2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter. 3. Pelitions for adoption of children and revocation thereof 4. 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 or gains. 5. Petitions for suppor! andor acknowlecament. 6. Summary judicial proceedings brought under the provisions of the Family Cade of the Philippines (E.O No. 208). 7. Pettions tor declaration of status of children as abendoned, dependent or neglected chiléren; petitions | tor voluntary or involuntary commitment of children; the suspension, tetmination, or restoration of parental authority and other cases cognizable under the Child and Youth Welfare Code (PD 603), ‘Authorizing the Ministry of Social Services and Development to Take Protective Custody of Child Prostitutes and Sexually Exploited Chiidren, and for Other Purposes (E.0. 96), and other related laws. 8. Petitions for constitution of the family home. 9. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2006. 10. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination | Act (RA 7610), as amended by RA 7658 and RA 9231 11, Cases of violence agains | ‘2, Women - which are acts of gender-based violence that resull, 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 threals and coercion which violate a woman's personhood, integrity and freedom of movement; and b. Chiléren — which include the commission of all forms of abuse, neglect, exploitation, | violence and discrimination and all other conditions prejudicial to their development. Tan BA GOTNTTuRGS a criminal offense, he aocused oF batter shai be Subject To criminal proceodngs 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. PAGE 14 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW 7. MUNICIPAL TRIAL COURTS and MeTC, MTG and MCT (Feria and Noche, pp.685-69) Cine i, Original and Exclusive 1. 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 demand does NOT exceed P300K, or PA0OK if in Metro Manila, exclusive of interest, damages of whatever kind, altorney’s fees, Iiigation expenses, and costs, the amount of which must be specifically alleged. However, interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shail be included in the determination of the fling fees 2. Admiralty and maritime casos where the demand or caim docs NOT exceed P300K. o P400K if in Metro Manila, Where tere 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 ifforent transactions. 3. Forcible entry and unlawful detainer regardless of value of property involved, with jurisdiction to determine the issue of ownership only to resolve the issue of possession. 4. Cli actions which involve tile to, oF possession of, REAL property, or any interest therein where the assessed value of the property or interest therein does NOT exceed P20K, or PSOK if in Metro Manila, exclusive of interest, damages of whatever kind, attomey'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. 5. Inclusion and exclusion of voters PAGE 15 OF 157 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW 2 Criminal cases 39 of the Dangerous Drugs Act of 1972 (R.A. No. 6428). Opestesua ensured ‘Cadastral of land registration cases covering lots where there is no controversy oF opposition, or contested lots where the value of which does NOT exceed P100K, 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. These cases are assigned and not automatically delegated. ash ee 7. Over all violations of city or municipal ordinances committed within their respective territorial jurisdictions years irrespective of the amount of fine (prision correccional); 3, Over all offenses punishable with fine only amounting to not more than P4,000,00 without the penalty of imprisonment 4, Over all offenses (except violations of RA 3019 and Arts. 21010 212 of RPC) commited by public officers and employees in relation to their | | | 2. Over all offenses punishable with imprisonment of not more than 6 | | | | | office, including those employed in GOCCs and by private individuals | ‘charged as co-principals, accomplices or accessories, punishable with imprisonment of not more then 6 years or where none of the accused holds a position classified as Grade "27" and higher; 5. In all cases of damage to property through criminal negligence, | regardless of other penalties and the civil iilties arising there'rom; 6. In cases of summary procedure for violations of B.P. 22 (Bouncing Chacks Law). (A. M. No. 00-11-01-SC) 7. Su dure in cases of traffic violatos rental law, violations of city or municipal ordinances, violations of BP 22, and all other offenses where the penalty does not exceed 6 months | imprisonment and/or P1,000 fing, irrespective of other penalties or civil violations of the liabilities arising therefrom, and in offenses involving dai property through criminal negligence where the imposable fine does not exceed P10,000, 8. Jurisdiction over cases where the imposable penalty is destierro considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destievro follows arresto mayor which involves imprisonment. (People v. Eduarte, G.R. No, 88252, 1990) Municipal Trial Courts have no jurisdiction over cases which by provision of special law aro to be heard before the Regional Trial Courts (or the Sandiganbayan, even ifthe maximum penetty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Section PAGE 16 OF 167 ATENEO CENTRAL BAR OPERATIONS 2018 REMEDIAL LAW ——— | In the absence of allthe RTC Judges ina province or city 1. Hear and decide potions for wrt of haboas corpus. 2. Hear and decide applications for bail in criminal cases. (d) SUMMARY PROCEDURE 1. Forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered, 2. All other cases, except probate proceedings, where the totel amount of the plaintif’s claim does not exceed one hundred thousand pesos | (P 100,000) or two hundred thousand pesos (P200,000) in Metropolitan Manila, exclusive of interest and costs, (A.M, No. 02-11-09-SC) 1. CIVIL cases | ee | ‘a case is filed under the regular or summary procedure, but actually fails under the Rule for Small Claims cases, the case shall be referred | 2. CRIMINAL cases: 1. Traffic violations. | 2. Rental law violations. Se sccninodh | 4. Violations of B.P. 22 (Bouncing Checks Law). 5. All other cases where penalty does NOT exceed 6 months and/or PAGE 17. OF 157

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