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Civil Procedure Group 2 Jurisdiction of Different Courts FINAL
Civil Procedure Group 2 Jurisdiction of Different Courts FINAL
Civil Procedure Group 2 Jurisdiction of Different Courts FINAL
OF COURTS
Prepared by:
Group 2
Abenoja, R. J. Jucutan, H.
Bentican, E. Natividad, G.
Castillon, J. Palabay, M. R.
Estigoy, R. J. Rullan, J.
Gumangan, C. Tabangin, M. C.
Overview
I. Supreme Court
Not a Trier of Facts
Exclusive Original Jurisdiction
Concurrent Jurisdiction
Appellate Jurisdiction
Supreme Court En Banc
02
II. Court of Appeals
VI
02 Shari’a Courts
.
VII. Sandiganbayan
“As a matter of sound practice and procedure, the Court defers and
accords finality to the factual findings of trial courts. To do
otherwise would defeat the very essence of Rule 45 and would
convert the Court into a trier of facts, which is not its intended
purpose under the law. Here, the issue is essentially factual in nature,
the determination of which is best left to the courts below, especially
the trial court.”
“Supreme Court is not a trier of Facts.”
QUESTION OF LAW QUESTION OF FACT
Question of law arises when there is doubt as to There is a question of fact when the doubt arises as
what the law is on a certain state of facts. to the truth or falsity of the alleged fact.
• Republic of the Philippines v. Malabanan Court distinguished a question of law from a question
of fact.
“Supreme Court is not a trier of Facts.”
EXCEPTIONS:
– When the findings of facts of the trial court and the reviewing court are conflicting,
factual issues may be resolved by the Court (See Caranto e Bergesen D.Y Phils, Inc,
G.R. No. 170706, August 26, 2015).
– When the findings of the court below are grounded entirely on speculation,
surmines or conjectures (Sabellina v Beret. G.R No. 187727, September 2, 2015).
ORIGINAL EXCLUSIVE jurisdiction
of the Supreme Court
The Supreme Court has exclusive original jurisdiction in petitions for
certiorari, prohibition, and mandamus against the:
• The Court ruled that the instant petition for certiorari should have been filed with the Court of
Appeals pursuant to the doctrine of hierarchy of courts.
• While the Court’s original jurisdiction to issue a writ of certiorari is concurrent with the Regional
Trial Courts and the Court of Appeals in certain cases, such concurrence does not allow an
unrestricted freedom of choice of court forum.
• XPN: 1) redress desired cannot be obtained in the appropriate courts; and 2)exceptional
and compelling circumstances justify the resort to the extraordinary remedy of writ of
certiorari.
2. Concurrent original jurisdiction with CA and the RTC:
• in petitions for certiorari, prohibition, and mandamus against lower courts and bodies, and
in petitions for quo warranto and habeas corpus
– This jurisdiction is subject to the doctrine of hierarchy of courts
(Secs. 9[1], 21[1], B.P. 129; Sec. 5, Art VIII, 1987 Constitution of the Philippines).
3. Concurrent original jurisdiction with the RTC in cases affecting ambassadors, public
ministers, and consuls. (Sec. 21[2], B.P. 129; Sec. 5, Art VIII, 1987 Constitution of the Philippines)
APPELLATE JURISDICTION
Definition:
The authority of the court higher in rank to re-examine the final order,
judgment or a lower court which tried the case now elevated for judicial
review.
The Supreme Court exercises appellate jurisdiction by way of petition for
review on certiorari (appeal by certiorari under Rule 45) against the:
a. CA
b. Sandiganbayan
The SC exercises appellate jurisdiction by way of petition for review on
certiorari (appeal by certiorari under Rule 45) against the:
c. RTCs:
ii) in cases involving the constitutionality or validity of a law or treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a
tax, impost, assessment, toll or penalty, jurisdiction of a lower court (Sec. 5, Art. VIII, Constitution of the Philippines)
b. All cases which under the Rules of Court are required to be heard en banc (Sec.
4[2], Art. VIII)
Under the Constitution of the Philippines, the following cases should
be heard by the Supreme Court en banc:
d. Cases heard by a division when the required number in the division is not
obtained (Sec. 4[3], Art. VIII)
Under the Constitution of the Philippines, the following cases should
be heard by the Supreme Court en banc:
f. Cases involving the discipline of judges of lower courts (Sec. 11, Art. VIII)
• Where the opinion of the Supreme Court en banc is equally divided, or the necessary
majority cannot be had, the case shall again be deliberated on.
• In appealed cases, the judgement or order appealed from shall stand affirmed.
• On all incidental matters, the petition or motion shall be denied (Sec. 7, Rule 56,
Rules of Court).
Court of Appeals
Composition
• composed of a Presiding Justice and fifty Associate Justice
through seventeen (17) divisions
• By way of petition for review from the RTC rendered by the RTC in the exercise of its appellate
jurisdiction (Sec. 22, B.P. 129, as amended; Rule 42, Rules of Court; Sec. 9, B.P. 129)
• By way of petition for review from the decisions, resolutions orders or awards of the Civil
Service Commission, and other bodies mentioned in Rule 43 (Sec. 9[3], B.P. 129).
Concurrent and Original Jurisdiction
with SC and RTC
• Decisions of Municipal Trial Courts in cadastral or land registration cases pursuant to its
delegated jurisdiction (Sec. 34, B.P. 129, as amended by R.A. 7691)
Court of Tax Appeals
Brief History:
• On June 16, 1954, Republic Act No. 1125 created the Court of Tax Appeals as a
part of the judicial system.
• This transferred to the Court of Tax Appeals jurisdiction over all matters
involving assessments that were previously cognizable by the RTCs.
Brief History:
NOTE: Collection cases where the principal amount of taxes and fees, exclusive of
charges and penalties, claimed is less than P1,000,000.00 shall be tried by the proper
MTC, MeTC and RTC.
Jurisdiction over tax collection cases
Exclusive appellate jurisdiction in tax collection cases:
• Over appeals from the judgments, resolutions or orders of the RTCs in tax collection
cases originally decided by them, in their respective territorial jurisdiction.
• Over petitions for review of the judgments, resolutions or orders of the RTCs in the
exercise of their appellate jurisdiction over tax collection cases originally decided by
the MeTCs, MTCs and MCTCs, in their respective jurisdiction.
Banco de Oro v. Republic of the Philippines,
G.R.198756, August 16, 2016
• Section 7 of Republic Act No. 1125, as amended, is explicit that, except for local
taxes, appeals from the decisions of quasi-judicial agencies (Commissioner of
Internal Revenue, Commissioner of Customs, Secretary of Finance, Central Board of
Assessment Appeals, Secretary of Trade and Industry) on tax-related problems must
be brought exclusively to the Court of Tax Appeals.
• In other words, within the judicial system, the law intends the Court of Tax Appeals
to have exclusive jurisdiction to resolve all tax problems.
Banco de Oro v. Republic of the Philippines,
G.R.198756, August 16, 2016
• Except for local tax cases, actions directly challenging the constitutionality or
validity of a tax law or regulation or administrative issuance may be filed directly
before the Court of Tax Appeals.
Banco de Oro v. Republic of the Philippines,
G.R.198756, August 16, 2016
• The determination of the validity of these issuances clearly falls within the exclusive
appellate jurisdiction of the CTA under Section 7(1) of R.A. 1125, as amended,
subject to prior review by the Secretary of Finance, as required under R.A. 8424.
Regional Trial Court
Regional Trial Court
EXCLUSIVE ORIGINAL
JURISDICTION
Exclusive Original Jurisdiction of the RTC
§19-21 of B.P. 129, as amended
All civil actions in which the subject matter of the litigation is incapable of
1 pecuniary estimation. [§19(1)]
How do we determine if an action is one incapable of
pecuniary estimation?
Russell v. Vestil, G.R. 119347 (1999) citing Singsong vs. Isabela Sawmill; Brgy. San
Roque v. Heirs of Pastor, G.R. 138896 (2000):
• The SC has adopted the criterion of first ascertaining the nature of the principal
action or remedy sought.
– If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary
estimation, and whether jurisdiction is in the MTC or in the RTC would depend on the amount of
the claim.
How do we determine if an action is one incapable of
pecuniary estimation?
– Where the basic issue is something other than the right to recover a sum of money, where the
money claim is purely incidental to, or a consequence of, the principal relief sought, x x x
such actions as cases where the subject of the litigation may not be estimated in terms of money,
are cognizable exclusively by CFI (now RTCs).
Actions incapable of pecuniary estimation
• Expropriation
– [Brgy. San Roque v. Heirs of Pastor, G.R. 138896 (2000)]
All civil actions which involve title to, or possession of real property or an
2 interest therein [§19(2)]
• VALUE OF PROPERTY:
• > ₱ 20,000 outside Metro Manila
• > ₱ 50,000 inside Metro Manila
• XPN: actions for forcible entry into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon the MeTC, MTC, and MCTC.
Exclusive Original Jurisdiction of the RTC
§19-21 of B.P. 129, as amended
• The general rule is that the jurisdiction of the trial court, either as a probate or an
intestate court, relates only to matters having to do with the probate of the will
and/or settlement of the estate of deceased persons.
Extent of jurisdiction of probate court
Agtarap v. Agtarap 666 Phil. 452 (2011)
• If there is no dispute:
– there poses no problem
• If there is a dispute:
– the parties, the administrator, and the opposing parties have to resort to an ordinary action
before a court exercising general jurisdiction for a final determination of the conflicting claims
of title.
Exclusive Original Jurisdiction of the RTC
§19-21 of B.P. 129, as amended
All cases not within the exclusive jurisdiction of any court, tribunal,
6 person or body exercising judicial or quasijudicial functions. [§19(6)]
Exclusive Original Jurisdiction of the RTC
§19-21 of B.P. 129, as amended
6 General Jurisdiction
DURISOL PHILIPPINES, INC. vs. COURT OF APPEALS, et. al., G.R. No. 121106 (2002)
• All cases, the jurisdiction over which is not specifically provided for by law to be
within the jurisdiction of any other court, fall under the jurisdiction of the RTC.
Exclusive Original Jurisdiction of the RTC
§19-21 of B.P. 129, as amended
All other cases in which the demand or the value of the property
8 [§19(8)]:
• > ₱300,000 outside Metro Manila
• > ₱400,000 in Metro Manila
• exclusive of interest, damages of whatever kind, attorney’s fees,
litigation expenses and costs.
Regional Trial Court
• such other special cases as the Supreme Court may determine in the interest of a
speedy and efficient administration of justice
Jurisdiction over intra-corporate controversies
Sec. 5.2 in relation to PD 902-A of the Securities
Regulation Code (R.A. 8799)
Jurisdiction over intra-corporate
controversies
(a) Cases involving devises or schemes employed by or any acts, of the board of
directors, business associates
5. Civil actions under Shari'ah law enacted by the Parliament involving real property in the
Bangsamoro Autonomous Region where assessed value of the property does not exceed
₱400,000.00.
6. Civil actions, if they have not specified in an agreement which law shall govern their relations,
where the demand or claim does not exceed ₱200,000.00.
SHARI’A DISTRICT COURTS
EXCLUSIVE ORIGINAL
JURISDICTION (Art. X Sec. 6 of R.A.
11054)
a. Custody, guardianship, legitimacy, paternity and filiation arising under Presidential
Decree No. 1083.
b. Disposition, distribution and settlement of the estate of the deceased Muslims, probate of
wills, issuance of letters of administrators or executors.
c. Petitions for the declaration of absence and death, and for the cancellation or correction
of entries in the Muslim Registries (Title VI of Book Two of Presidential Decree No.
1083).
EXCLUSIVE ORIGINAL
JURISDICTION (Art. X Sec. 6 of R.A.
11054)
d. Actions arising from customary and Shari'ah compliant contracts in which the parties are
Muslims, if they failed to specify the law governing their relations.
f. Petition for the constitution of a family home, change of name, and commitment of an
insane person to an asylum.
EXCLUSIVE ORIGINAL
JURISDICTION (Art. X Sec. 6 of R.A.
11054)
g. All other personal and real actions not falling under the jurisdiction of the Shari'ah
Circuit Courts.
j. Civil actions, if they have not specified in the agreement which law shall govern their
relations where the demand or claim exceeds ₱200,000.00.
APPELLATE JURISDICTION
(Art. X Sec. 6 of R.A. 11054)
Exception:
• 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;
EXCLUSIVE ORIGINAL JURISDICTION
• Officers of the PNP while occupying the position of provincial director and those
holding the rank of senior superintendent and higher;
• City and provincial prosecutors and their assistants, and officials and prosecutors in
the Office of the Ombudsman and special prosecutor;
EXCLUSIVE ORIGINAL JURISDICTION
5. All other national and local officials classified as Grade 27 and higher
under R.A. 6758
EXCLUSIVE ORIGINAL JURISDICTION
d. Other offenses or felonies whether simple or complexed with other crimes committed
by the public officials and employees mentioned in subsection a. of Section 4 (as
amended) in relation to their office
e. Civil and criminal cases filed pursuant to and in connection with E.O. Nos. 1, 2, 14-A
EXCLUSIVE ORIGINAL JURISDICTION
f. Petitions for mandamus, prohibition, certiorari, habeas corpus, injunctions, and other
ancillary writs and processes in aid of its appellate jurisdiction, and petitions of similar
nature, 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 [Sec. 4, P.D. 1606,
as amended by R.A. 10660]
NOTE: RTC shall have exclusive original
jurisdiction where the information:
b. Alleges damage to the government or bribery arising from the same or closely
related transactions or acts in an amount not exceeding P1 million [Sec. 4, P.D. 1606,
as amended by R.A. 10660]
– Subject to rules promulgated by SC, the cases falling under the jurisdiction of the RTC shall
be tried in a judicial region other than where the official holds office [Sec. 4, P.D. 1606, as
amended by R.A. 10660]
EXCLUSIVE ORIGINAL JURISDICTION
• The Sandiganbayan shall have exclusive original jurisdiction over 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, and over petitions of similar nature
EXCLUSIVE ORIGINAL JURISDICTION
• including quo warranto, arising or that may arise in cases filed or which may be filed
under E.O. 1, 2, 14 and 14-A, issued in 1986
• Provided, That the jurisdiction over these petitions shall not be exclusive of the SC
[Sec. 4, P.D. 1606, as amended by R.A. 10660]
CONCURRENT ORIGINAL
JURISDICTION
CONCURRENT ORIGINAL JURISDICTION with SC, CA, and
RTC for petitions for:
(1)
Complaints
Complaints forfor annulment
annulment of of
marriage,
marriage, declaration
declaration ofof nullity
nullity
of
of marriage
marriage andand those
those relating
relating
to
to status
status and
and property
property
relations
relations (of
(of married
married couple
couple oror
live-in
live-in partners)
partners)
EOJ of Family Courts
(2)
Petitions
Petitions for
for guardianship,
guardianship,
custody
custody of of children
children and
and habeas
habeas
corpus
corpus inin relation
relation to
to children
children
NOTE:
NOTE: RA RA 8369
8369 diddid not
not divest
divest the
the Court
Court
of
of Appeals
Appeals and and the
the Supreme
Supreme Court
Court of
of
their
their jurisdiction
jurisdiction over
over habeas
habeas corpus
corpus
cases
cases involving
involving the
the custody
custody of
of minors.
minors.
(Thornton
(Thornton vs vs Thornton)
Thornton)
EOJ of Family Courts
(3)
Petitions
Petitions for
for support
support and/or
and/or
acknowledgment
acknowledgment
(4)
Petitions
Petitions for
for adoption
adoption of
of
children
children and
and revocation
revocation
thereof
thereof
EOJ of Family Courts
(5)
Petitions
Petitions for
for
declaration
declaration of
of status
status of
of children
children
(i.e.
(i.e. abandoned,
abandoned, dependent
dependent or
or neglected)
neglected)
voluntary
voluntary or
or involuntary
involuntary
commitment
commitment of of children
children
suspension,
suspension, termination
termination or or
restoration
restoration of
of parental
parental authority;
authority;
and
and
other
other cases
cases cognizable
cognizable under
under the
the
Child
Child Welfare
Welfare Code,
Code, E.O.
E.O. 56,
56, s.
s.
1986
1986 and
and other
other related
related laws
laws
EOJ of Family Courts
(6)
Summary judicial
proceedings
brought
brought under
under the
the
provisions
provisions of
of the
the
Family
Family Code
Code
EOJ of Family Courts
(7)
Criminal
Criminal cases
cases involving
involving
minors
minors and
and in
in cases
cases ofof
domestic
domestic violence
violence
against
against women
women and
and their
their
children
children
Summary
End of discussion
Thank you for listening.
Prepared by:
Group 2
Abenoja, R. J. Jucutan, H.
Bentican, E. Natividad, G.
Castillon, J. Palabay, M. R.
Estigoy, R. J. Rullan, J.
Gumangan, C. Tabangin, M. C.