Jurisdiction Reviewer

Importance of Raising the Question of Jurisdiction

When it appears from pleadings or the
evidence on record that the court has no
jurisdiction over the subject matter, that there is
an another action pending between the same
parties for the same cause, or that the action is
barred by a prior judgment or by statute of
limitations, the court shall dismiss the claim
Lack of jurisdiction- Revised Rule on ummary
procedure
!ayog " #atino- $rial court cannot ignore the
%uestion of jurisdiction over the subject matter
just because it was raised in an answer that was
filed out of time
&urisdiction- 'rom the Latin jus dicere or right
to speak is the power or authority of the court to
hear, try and decide a case( )t is the first
%uestion that a court must decide
Jurisdiction is a Duty
)mposition by the law that cannot be resisted, a
command that cannot be ignored, compellable
by mandamus( $he court may not demur by
reason of the silence, obscurity or insufficiency
of the laws
*anon +, Rule +(,- of the *ode of &udicial
*onduct- judges must be faithful to law and
maintain professional competence
Judgment Void Where Court Has No Jurisdiction
#ull
.bbain " *hua- )n varying language, this
*ourt has e/pressed its reprobation for
judgments rendered by a court without
jurisdiction0
Jurisdiction Over the Su!ect "atter
*onferred by the *onstitution or the law
&urisdiction over the subject matter means
jurisdiction over the general class of cases
which include the case at hand
*ongress is constitutionally empowered to
apportion the jurisdiction of the various courts
but may not deprive the upreme *ourt of its
jurisdiction( &urisdiction is conferred by law
*ourt of .ppeals- *annot entertain a petition for
annulment of the #ational Labor Relations
*ommission( ection 1, !(2( -31 only vests in
the *ourt of .ppeals e/clusive jurisdiction over
actions for annulment of judgments of the
Regional $rial *ourt
Regional $rial *ourts- 4/ercise e/clusive
original jurisdiction over all cases not within the
e/clusive original jurisdiction over all cases not
within the e/clusive original jurisdiction of any
court , tribunal, person or body e/ercising
judicial or %uasi-judicial functions( )t has the
power of general jurisdiction(
Jurisdiction Has to e Invo#ed
!y proper party by means of a complaint or
petition
$o%er of the Court Where it Has No Jurisdiction
2ower to dismiss the case
$he upreme *ourt cannot grant jurisdiction
and the Rules of *ourt cannot be cited as legal
basis
*onstitutional guarantee of access to courts of
justice- courts with appropriate jurisdiction
What Determines Jurisdiction Over the Su!ect
"atter
5etermined on the basis of the complaint
)t is not enough that a court has power in the
abstract to try and decide the class of litigations
to which a case belongs6 it is necessary that said
power be properly invoked, or called into
activity, by the filing of a petition, complaint or
other appropriate pleading
7ultinational "illage 8omeowners v( *ourt of
.ppeals states that jurisdiction over the subject
matter is determined upon the allegations made
in the complaint, irrespective of whether the
plaintiff is entitled or not to recover upon the
claim asserted therein- a matter resolved only
after and as a result of the trial0
What Determines the Nature of the &ction
$he allegations in the body of the complaint
2rayer- merely the conclusion of the pleader as
to the proper relief or reliefs he is entitled to on
the basis of his cause of action
'(ception
#o need to present any evidence in support of or
in opposition to a motion to dismiss but
preliminary hearing on the defense raised by the
defendant can be done
5.R.!- 5epartment of .grarian Reform
.djudication !oard
-119 Rules of *ivil 2rocedure- *ases covered
by agricultural tenancy laws are e/empted from
summary procedure
'ffect of Judgment Rendered Without Jurisdiction
8as no legal effect
*aro "( :uicho- the order of *') of orsogon
being void is no order at all0
4stoesta "( *ourt of .ppeals- a null and void
judgment is susceptible to collateral attack0
When Jurisdiction Over the Su!ect "atter "ay No
)onger e Raised
;round of laches or estoppel
$ijam "( ibonghanoy- a party may be
estopped from raising the %uestion of lack of
jurisdiction over the subject matter
Different Ru*e on )ac# of Jurisdiction Over $erson
of Defendant
Lack of jurisdiction over the person of the
defendant must be raised at the earliest possible
time6 otherwise it will be deemed waived
. motion for additional time to answer is a
waiver of lack of personal service of summons
!y filing a motion for e/tension of the
reglementary period to answer, the defendant
invokes the jurisdiction of the court
&ction to &nnu* Judgment on +round of )ac# of
Jurisdiction
!arred by laches or estoppel
Jurisdiction Cannot e Waived or Renounced
*ompetent court cannot decline or refuse
)iai*ity of a Judge Who is Ignorant of His
Jurisdiction
2ublic policy- in the absence of fraud,
dishonesty or corruption, the act is not subject to
disciplinary action
5isciplinary proceedings against judges do not
complement, supplement or substitute judicial
remedies, and an in%uiry into their
administrative liability arising from judicial acts
may be made only after other available remedies
have been settled
'irst %ualification of a judge- competence
Res ipsa lo%uitur- <the thing speaks for itself<
for judge ignorance of the law
Revised 2enal *ode- punishes the offense of
usurpation of authority or official functions
.rticle 3+1, 3=,, 3=-- punish interference by
officers of one of the three departments of
government
.rticle 3,=- judge who unknowingly renders an
unjust judgment
.rticle 3,>- punishes a judge who renders an
unjust judgment through negligence
.rticle 3,?- penalty for suspension
Jurisdiction Over the $ersons of the $arties
2laintiff- .c%uires jurisdiction upon filing of
complaint, including a non-resident alien
2laintiff, upon submission is estopped from
%uestioning the court
5efendant- .c%uired through coercive process
of service summons or through voluntary
submission to the court
@nder the new rule, the inclusion in a otion to
dismiss of other grounds aside from lack of
jurisdiction over the person of the defendant
shall not be deemed a voluntary appearance
'ffect of )ac# of Jurisdiction Over the $erson of the
Defendant
2rotection and enforcement of *onstitutional
Rights through 2rocedural 5ue 2rocessA
- $here must be a court or tribunal clothed
with judicial power to hear and
determine the matter before it6
- &urisdiction must be lawfully ac%uired
over the person of the defendant or over
the property which is the subject of the
proceeding
- $he defendant must be given an
opportunity to be heard
- &udgment must be rendered upon lawful
hearing
Jurisdiction Over the Res
:uasi in rem- e/traterritorial service Bection ->
of Rule -=, -119 Rules of *ivil 2rocedureC
ection ->( '(traterritoria* service( D When
the defendant does not reside and is not found in
the 2hilippines, and the action affects the
personal status of the plaintiff or relates to, or
the subject of which is, property within the
2hilippines, in which the defendant has or
claims a lien or interest, actual or contingent, or
in which the relief demanded consists, wholly or
in part, in e/cluding the defendant from any
interest therein, or the property of the defendant
has been attached within the 2hilippines, service
may, by leave of court, be effected out of the
2hilippines by personal service as under section
?6 or by publication in a newspaper of general
circulation in such places and for such time as
the court may order, in which case a copy of the
summons and order of the court shall be sent by
registered mail to the last known address of the
defendant, or in any other manner the court may
deem sufficient( .ny order granting such leave
shall specify a reasonable time, which shall not
be less than si/ty B?,C days after notice, within
which the defendant must answer(
,he ,%ofo*d Character of the Summons
ummonEs twofold characterA
- !y means of its proper service- the court
ac%uires jurisdiction over the person of
the defendant
- erves to inform the defendant of the
nature of action against him, to satisfy
the re%uirements of due process( $hat is
why a copy of the complaint is attached
to the summons, and the directive in the
summons re%uires the defendant to
answer the attached complaint
Service in $erson on the Defendant
ection ?( Service in person on defendant( D
Whenever practicable, the summons shall be
served by handling a copy thereof to the
defendant in person, or, if he refuses to receive
and sign for it, by tendering it to him
2ersonal service- changed to service in person
on defendant
ection 9( Sustituted service( D )f, for
justifiable causes, the defendant cannot be
served within a reasonable time as provided in
the preceding section, service may be effected
BaC by leaving copies of the summons at the
defendantFs residence with some person of
suitable age and discretion then residing therein,
or BbC by leaving the copies at defendantFs office
or regular place of business with some
competent person in charge thereof
ection G( Sustituted service( D )f service of
pleadings, motions, notices, resolutions, orders
and other papers cannot be made under the two
preceding sections, the office and place of
residence of the party or his counsel being
unknown, service may be made by delivering
the copy to the clerk of court, with proof of
failure of both personal service and service by
mail( $he service is complete at the time of such
delivery
ection --( $riorities in modes of service and
fi*ing( D Whenever practicable, the service and
filing of pleadings and other papers shall be
done personally( 4/cept with respect to papers
emanating from the court, a resort to other
modes must be accompanied by a written
e/planation why the service or filing was not
done personally( . violation of this Rule may be
cause to consider the paper as not filed
ection >( "odes of service( D ervice of
pleadings motions, notices, orders, judgments
and other papers shall be made either personally
or by mail
ection 9( Service y mai*( D ervice by
registered mail shall be made by depositing the
copy in the post office in a sealed envelope,
plainly addressed to the party or his counsel at
his office, if known, otherwise at his residence,
if known, with postage fully prepaid, and with
instructions to the postmaster to return the mail
to the sender after ten B-,C days if undelivered(
)f no registry service is available in the locality
of either the senders or the addressee, service
may be done by ordinary mail
2aluwagan ng !ayan avings !ank " Hing- it
is only when the defendant cannot be served
personally within a reasonable time that
substituted service may be resorted to
7a( )melda 7( 7anotoc " *.- )n the case of
"enturanIa v( *ourt of .ppeals,
=-
it was held
that </ / / the presumption of regularity in the
performance of official functions by the sheriff
is not applicable in this case where it is patent
that the sheriffEs return is defective Bemphasis
suppliedC(< While the heriffEs Return in the
"enturanIa case had no statement on the effort
or attempt to personally serve the summons, the
Return of heriff *aJelas in the case at bar
merely described the efforts or attempts in
general terms lacking in details as re%uired by
the ruling in the case of 5omagas v( &ensen and
other cases( )t is as if *aJelasE Return did not
mention any effort to accomplish personal
service( $hus, the substituted service is void( Kn
the issue whether petitioner 7anotoc is a
resident of .le/andra 8omes, @nit 4-3-,=, at
#o( 31 7eralco .venue, 2asig *ity, our
findings that the substituted service is void has
rendered the matter moot and academic( 4ven
assuming that .le/andra 8omes Room -,= is
her actual residence, such fact would not make
an irregular and void substituted service valid
and effective $hus, one month from the
issuance of summons can e considered
reasona*e time %ith regard to persona* service
on the defendant
everal attempts means at least three BeC tries,
preferably on at least two different dates( )n
addition, the sheriff must cite why such efforts
were unsuccessful( )t is only when that
impossibility of service can be confirmed or
accepted
$he efforts made to find the defendant and the
reasons behind the failure must be clearly
narrated in detail in the Return
. person of suitable age and discretion- -G
years old and considered to have enough
discernment to understand the importance of a
summons
ufficient discretion- know how to read and
understand 4nglish and realiIe the need to
deliver the summons and complaint to the
defendant at the earliest possible time for the
person to take appropriate action
$wo re%uirementsA B-C recipient must be a
person of suitable age and discretion B3C
recipient must reside in the house of resident of
the defendant
Service Where the Defendant is a Juridica* $erson
ection --( Service upon domestic private
!uridica* entity( D When the defendant is a
corporation, partnership or association
organiIed under the laws of the 2hilippines with
a juridical personality, service may be made on
the president, managing partner, general
manager, corporate secretary, treasurer, or in-
house counsel
ection -3( Service upon foreign private
!uridica* entities( D When the defendant is a
foreign private juridical entity which has
transacted business in the 2hilippines, service
may be made on its resident agent designated in
accordance with law for that purpose, or, if there
be no such agent, on the government official
designated by law to that effect, or on any of its
officers or agents within the 2hilippines
Iso*ated ,ransaction Ru*e- &pp*ica*e On*y to
.oreign Corporations
ecure license from 4* to sue
)solated $ransaction Rule- 'oreign corporation
does not need license to sue
Sustantia* Comp*iance
; L ; trading *orporation "( *.- $hough
summon was not served on person not
mentioned in Rule -=, but appeared received,
compliance has been attained
2orac $rucking "( *.- ubstance complainec
includeA
-C $here was actual receipt of the summons by the
person served, meaning the possession of the copy
of the summons was transferred from the heriff to
the person served6
3C $here was a signature on the heriffFs return or
receipt by the person served6 and
+C $here was actual receipt of the summons by then
defendant corporation, now petitioner, through the
person on whom the legal papers were actually
served
#oteA $he third is most important( )t is through
receipt that the purpose is attainedC
7illennium )ndustrial *ommercial *orporation
" &ackson $an- third re%uisite is lacking
ection -+( Service upon pu*ic corporations(
D When the defendant is the Republic of the
2hilippines, service may be effected on the
olicitor ;eneral6 in case of a province, city or
municipality, or like public corporations, service
may be effected on its e/ecutive head, or on
such other officer or officers as the law or the
court may direct
&*ias Summons When Issued
Knly when the original summons are returned
without being served on any or all of the
defendants or when said original summons has
been lost
ection -,( Service upon minors and
incompetents( D When the defendant is a
minor, insane or otherwise an incompetent,
service shall be made upon him personally and
on his legal guardian if he has one, or if none his
guardian ad *item whose appointment shall be
applied for by the plaintiff( )n the case of a
minor, service may also be made on his father or
mother
Services of Summons y $u*ication
#ot recogniIe but for fair play
*ourt may decide over the res
Jurisdiction Over the Nature of &ction
La #aval 5rug "( *.- &urisdiction over the
nature of the action, in concept, differs from
jurisdiction over the subject matter( )llustrated,
lack of jurisdiction over the nature of the action
is the situation that arises when a court, which
ordinarily would have the authority and
competence to take a case, is rendered without it
either because a special law has limited the
e/ercise of its normal jurisdiction on a particular
matter or because the type of action has been
reposed by law in certain other courts or %uasi-
judicial agencies for determination(
#evertheless, it can hardly be %uestioned that
the rules relating to the effects of want of
jurisdiction over the subject matter should apply
with e%ual vigor to cases where the court is
similarly bereft of jurisdiction over the nature of
the action
@nion ;lass "( 4*- MaN between the
corporation, partnership or association and the
public6 MbN between the corporation, partnership
or association and its stockholders, partners,
members, or officers6 McN between the
corporation, partnership or association and the
state in so far as its franchise, permit or license
to operate is concerned6 and MdN among the
stockholders, partners or associates themselves
ection -, 25 -+==( )n the e/ercise of its
functions to regulate the real estate trade and
business and in addition to its powers provided
for in 2residential 5ecree #o( 1>9, the #ational
8ousing .uthority shall have e/clusive
jurisdiction to hear and decide cases of the
following natureA
BaC @nsound real estate business practices6
BbC *laims involving refund and any other
claims filed by subdivision lot or
condominium unit buyer against the project
owner, developer, dealer, broker or
salesman6 and
BcC *ases involving specific performance of
contractual and statutory obligations filed by
buyers of subdivision lot or condominium
unit against the owner, developer, dealer,
broker or salesman
&urisdiction Kver the nature of the action O
&urisdiction Kver the subject matter
Residua* Jurisdiction
4/tension of the original jurisdiction of the trial
court for certain specific purposes after the
perfection of the appeal but before transmittal of
the original record or record on appeal to the
appellate court( .lso called retained jurisdiction
-119 Rules of *ivil 2rocedure- a personEs
appeal by notice of appeal is deemed perfected
as to him upon the filing of the notice of appeal
in due time
.ppeals by record- perfected as to the party
appealing upon arrival of the record of appeal
.s to himPas to the party appealing- party
appealing cannot deprive the other party of his
right to file a motion for reconsideration or
notice of appeal or approval on record of appeal
ection 1( $erfection of appea*6 effect
thereof/ D . partyFs appeal by notice of appeal
is deemed perfected as to him upon the filing of
the notice of appeal in due time(
. partyFs appeal by record on appeal is deemed
perfected as to him with respect to the subject
matter thereof upon the approval of the record on
appeal filed in due time
)n appeals by notice of appeal, the court loses
jurisdiction over the case upon the perfection of the
appeals filed in due time and the e/piration of the
time to appeal of the other parties
)n appeals by record on appeal, the court loses
jurisdiction only over the subject matter thereof
upon the approval of the records on appeal filed in
due time and the e/piration of the appeal of the
other parties
)n either case, prior to the transmitta* of the
origina* record or the record on appea*, the court
may issue orders for the protection and preservation
of the rights of the parties which do not involve any
matter litigated by the appeal, approve
compromises, permit appeals of indigent litigants,
order e/ecution pending appeal in accordance with
3 of Rule +1, and allow withdrawal of the appeal
Jurisdiction Over Compu*sory Counterc*aims
.ny claim for money or other relief which a
defending party may have against an opposing
party ruled byA
ection 9( Compu*sory counterc*aim( D .
compulsory counterclaim is one which, being
cogniIable by the regular courts of justice, arises
out of or is connected with the transaction or
occurrence constituting the subject matter of the
opposing partyFs claim and does not re%uire for its
adjudication the presence of third parties of whom
the court cannot ac%uire jurisdiction( uch a
counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof,
e/cept that in an original action before the Regional
$rial *ourt, the counter-claim may be considered
compulsory regardless of the amount
*ounterclaim must pass the compelling test of
compulsoriness( $est of compulsoriness re%uires
a logical relationship between claim and the
counterclaim, that is, where conducting separate
trials of the respective claims of the parties
would entail a substantial duplication of effort
and time by the parties and the court
2ermissive counterclaims comprise <any claim
that is not compulsory( . claim is a compulsory
counterclaim if, at the time of serving the
pleading,
- the counterclaim <arises out of the
transaction or occurrence that is the
subject matter of the opposing partyFs
claim,<
- the counterclaim <does not re%uire
adding another party over whom the
court cannot ac%uire jurisdiction,<
- <when the action was commenced, the
Motherwise mandatory counterclaimN was
MnotN the subject of another pending
action,<
- 4)$84R the opposing party sued on its
claim by a process that
established personal jurisdiction over the
pleader on that claim
- KR Bif personal jurisdiction was not
established over the pleaderC, the pleader
asserts some other mandatory
counterclaim
$he dismissal of a complaint shall be without
prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the
answer
$he complaint may be dismissed upon motion
of the defendant or upon the courtEs own
motion, without prejudice to the right of the
defendant to prosecute his counterclaim in the
same or in separate action
Non0!oinder of Indispensa*e $arties- 'ffect of
)ndispensable parties- parties in interest without
whom no final determination can be had of an
action( $he presence of indispensable parties is
a condition sine %ua non for the e/ercise of
judicial power and vest the court with
jurisdiction
Doctrine of $rimary Jurisdiction
*ourts cannot and will not determine a
controversy involving a %uestion which is
within the jurisdiction of an administrative
tribunal, especially where the %uestion demands
the e/ercise of sound administrative discretion
$riority0in0,ime Ru*e
'iling of one or a judgment upon the merits in
any one is ground for dismissal of others
econd case files under the ma/im- %ui prior est
tempore, potior est jure
*riterion used- interest of justice rule
Office of the +overnment Corporate Counse*
1O+CC2
K;**- principal law office of all ;K**s
ection -,( Office of the +overnment Corporate
Counse*/ - $he Kffice of the ;overnment
*orporate *ounsel BK;**C shall act as the
principal law office of all government-owned or
controlled corporations, their subsidiaries, other
corporate off-springs and government ac%uired
asset corporations and shall e/ercise control and
supervision over all legal departments or
divisions maintained separately and such powers
and functions as are now or may hereafter be
provided by law( )n the e/ercise of such control
and supervision, the ;overnment *orporate
*ounsel shall promulgate rules and regulations
to effectively implement the objectives of the
Kffice(
$he K;** is authoriIed to receive the
attorneyFs fees adjudged in favor of their client
government-owned or controlled corporations,
their subsidiariesPother corporate offsprings and
government ac%uired asset corporations( $hese
attorneyFs fees shall accrue to a special fund of
the K;**, and shall be deposited in an
authoriIed government depository as a trust
liability and shall be made available for
e/penditure without the need for a *ash
5isbursement *eiling, for purposes of
upgrading facilities and e%uipment, granting of
employeesF incentive pay and other benefits, and
defraying such other incentive e/penses not
provided for in the ;eneral .ppropriations .ct
as may be determined by the ;overnment
*orporate *ounsel
3niform $rocedure in tria* Courts
ection -( @niform procedure
$he procedure in the 7unicipal $rial *ourts shall
be the same as in the Regional $rial *ourts, e/cept
BaC where a particular provision e/pressly or
impliedly applies only to either of said courts, or BbC
in civil cases governed by the Rule on ummary
2rocedure
ec( 3( 7eaning of terms
$he term 4"unicipa* ,ria* Courts4 as used in these
Rules shall include 7etropolitan $rial *ourts,
7unicipal $rial *ourts in *ities, 7unicipal $rial
*ourts, and 7unicipal *ircuit $rial *ourts
Jurisdiction to '(ecute V/ Jurisdiction to &mend
Decision
4/ecute- continuous even after judgment while
.mend- terminates when judgment is final
,he Supreme Court
*omposed of a *hief &ustice and -= .ssociate
&ustices
4n banc or by division of +, >, and 9
*annot increase the number of justices and
cannot be reduced by *ongress( ection +,,
.rticle ") of the 2hil( *onstitution states that
*ongress may increase the appellate jurisdiction
of the upreme *ourt but with the advice and
concurrence of the upreme *ourt
@ has 1 since -G?1
.dmin *ode of -1-9- 1 *&
-1+> *onstitution- -- *&
-19+- -> *&
,he Supreme Court is the On*y Constitutiona*
Court
$he only *ourt created by *onstitution, its
jurisdiction is defined by *onstitution
,he $o%ers of the Supreme Court
ection >( $he upreme *ourt shall have the
following powersA
-C 4/ercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari,
prohibition, mandamus5 6uo %arranto, and haeas
corpus/
B3C Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of *ourt
may provide, final judgments and orders of lower
courts inA
BaC .ll cases in which the constitutionality or
validity of any treaty, international or e/ecutive
agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in
%uestion(
BbC .ll cases involving the legality of any ta/,
impost, assessment, or toll, or any penalty imposed
in relation thereto(
BcC .ll cases in which the jurisdiction of any lower
court is in issue(
BdC .ll criminal cases in which the penalty imposed
is rec*usion perpetua or higher(
BeC .ll cases in which only an error or %uestion of
law is involved(
B+C .ssign temporarily judges of lower courts to
other stations as public interest may re%uire( uch
temporary assignment shall not e/ceed si/ months
without the consent of the judge concerned(
B=C Krder a change of venue or place of trial to
avoid a miscarriage of justice(
B>C 2romulgate 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 under-privileged( uch rules shall
provide a simplified and ine/pensive 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 %uasi-judicial
bodies shall remain effective unless disapproved by
the upreme *ourt(
B?C .ppoint all officials and employees of the
&udiciary in accordance with the *ivil ervice Law(
ection ?( $he upreme *ourt shall have
administrative supervision over all courts and
the personnel thereof(
ection 9( B-C #o person shall be appointed
7ember of the upreme *ourt or any lower
collegiate court unless he is a natural-born
citiIen of the 2hilippines( . 7ember of the
upreme *ourt must be at least forty years of
age, and must have been for fifteen years or
more, a judge of a lower court or engaged in the
practice of law in the 2hilippines(
B3C $he *ongress shall prescribe the %ualifications
of judges of lower courts, but no person may be
appointed judge thereof unless he is a citiIen of the
2hilippines and a member of the 2hilippine !ar(
B+C . 7ember of the &udiciary must be a person of
proven competence, integrity, probity, and
independence(
ection G( B-C . &udicial and !ar *ouncil is
hereby created under the supervision of the
upreme *ourt composed of the *hief &ustice
as e( officio *hairman, the ecretary of &ustice,
and a representative of the *ongress as e(
officio7embers, a representative of the
)ntegrated !ar, a professor of law, a retired
7ember of the upreme *ourt, and a
representative of the private sector(
B3C $he regular members of the *ouncil shall be
appointed by the 2resident for a term of four years
with the consent of the *ommission on
.ppointments( Kf the 7embers first appointed, the
representative of the )ntegrated !ar shall serve for
four years, the professor of law for three years, the
retired &ustice for two years, and the representative
of the private sector for one year(
B+C $he *lerk of the upreme *ourt shall be the
ecretary e( officio of the *ouncil and shall keep a
record of its proceedings(
B=C $he regular 7embers of the *ouncil shall
receive such emoluments as may be determined by
the upreme *ourt( $he upreme *ourt shall
provide in its annual budget the appropriations for
the *ouncil(
B>C $he *ouncil shall have the principal function of
recommending appointees to the &udiciary( )t may
e/ercise such other functions and duties as the
upreme *ourt may assign to it(
ection 1( $he 7embers of the upreme *ourt
and judges of the lower courts shall be
appointed by the 2resident from a list of at least
three nominees prepared by the &udicial and !ar
*ouncil for every vacancy( uch appointments
need no confirmation(
'or the lower courts, the 2resident shall issue
the appointments within ninety days from the
submission of the list(
ection -,( $he salary of the *hief &ustice and
of the .ssociate &ustices of the upreme *ourt,
and of judges of lower courts, shall be fi/ed by
law( 5uring their continuance in office, their
salary shall not be decreased(
ection --( $he 7embers of the upreme *ourt
and judges of lower courts shall hold office
during good behavior until they reach the age of
seventy years or become incapacitated to
discharge the duties of their office( $he
upreme *ourt en anc shall have the power to
discipline judges of lower courts, or order their
dismissal by a vote of a majority of the
7embers who actually took part in the
deliberations on the issues in the case and voted
thereon(
ection -3( $he 7embers of the upreme *ourt
and of other courts established by law shall not
be designated to any agency performing %uasi-
judicial or administrative functions(
ection -+( $he conclusions of the upreme
*ourt in any case submitted to it for decision en
anc or in division shall be reached in
consultation before the case is assigned to a
7ember for the writing of the opinion of the
*ourt( . certification to this effect signed by the
*hief &ustice shall be issued and a copy thereof
attached to the record of the case and served
upon the parties( .ny 7embers who took no
part, or dissented, or abstained from a decision
or resolution, must state the reason therefor( $he
same re%uirements shall be observed by all
lower collegiate courts(
ection -=( #o decision shall be rendered by
any court without e/pressing therein clearly and
distinctly the facts and the law on which it is
based(
#o petition for review or motion for
reconsideration of a decision of the court shall
be refused due course or denied without stating
the legal basis therefor(
ection ->( B-C .ll cases or matters filed after
the effectivity of this *onstitution must be
decided or resolved within twenty-four months
from date of submission for the upreme *ourt,
and, unless reduced by the upreme *ourt,
twelve months for all lower collegiate courts,
and three months for all other lower courts(
B3C . case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum re%uired by the
Rules of *ourt or by the court itself(
B+C @pon the e/piration of the corresponding period,
a certification to this effect signed by the *hief
&ustice or the presiding judge shall forthwith be
issued and a copy thereof attached to the record of
the case or matter, and served upon the parties( $he
certification shall state why a decision or resolution
has not been rendered or issued within said period(
B=C 5espite the e/piration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
conse%uence thereof, shall decide or resolve the
case or matter submitted thereto for determination,
without further delay(
ection -?( $he upreme *ourt shall, within
thirty days from the opening of each regular
session of the *ongress, submit to the 2resident
and the *ongress an annual report on the
operations and activities of the &udiciary(
$he *ourt en banc is not an appellate tribunal
vis-Q-vis the divisions and e/ercises no appellate
or supervisory jurisdiction over the latter(
5ecisions or resolutions of a division without
concurrence of at least three of its members are
a decision of the upreme *ourt( #o doctrine
laid down may be modified e/cept *ourt sitting
en banc(
ec( -1, !(2( -31- the special civil action of
declaratory relief falls under the e/clusive
original jurisdiction of the Regional $rial *ourt
and is not within the original jurisdiction of the
upreme *ourt(
,he Office of the Court &dministrator
.dministrative supervision- upreme *ourt
over 93, Regional $rial *ourt &udges, -G,
7etropolitan $rial *ourt &udges, more than
-,>,, municipal $rial *ourt &udges and -3
hariaEa *ourts in the .R77(
ection 3-, R. ?99, or the Kmbudsman .ct of
-1G1- Kmbudsman disciplinary authority over
all elective and appointive government officials
e/cept officials who may be removed only
through impeachment or over *ongress and
judiciary(
Right to appeal- statutory right( .ppeal may be
filed through petition for certiorari under Rule
?> of RK*(
Kffice of the *ourt .dministrator- created by
25 #o( G3G as amended by 25 G=3 to assist the
* in its function of administrative supervision(
*ourt .dministrator- the same rank, priviledge
and compensation as 2residing &ustice of the
*ourt of .ppeals( 8e shall assisted by + 5eputy
*ourt .dministrators who shall have the same
R2* as .ssociate &ustices of *.(
4/ercises admin supervision over &udicial and
!ar *ouncil, created through the *onstitution
with the primary duty of recommending
appointees to the &udiciary
2hilippine &udicial .cademy- tasked with the
implementation of a continuing program of
judicial education for justices, judges, court
personnel and lawyers(
,he Sandiganayan5 Not a Constitutiona* Court
*reation is mandated by *onstitution to have
jurisdiction over corrupt practices of
government employees and public officers(
*omposed of 2residing &ustice and -= .ssociate
&ustices appointed by the 2resident
R. 919>- 4/panded the jurisdiction of
andiganbayan to include petitions for the
issuance of writs of mandamus, prohibition,
certiorari, habeas corpus, injunction and other
au/iliary writs and processes
)t is a trial court limited to 1, days to decide
cases both on original and appellate court( Knly
%uestions of law may be raised to upreme
*ourt in appeal to andiganbayan decisions(
alary grade 39 or higher- andiganbayan
jurisdiction over public officials( 2lunder
e/cluded(
"ay the Supreme Court &mend a Ru*e in the Ru*es
of Court ,hat Has &*ready 7een &mended y the
)egis*ature8
Res, the rule as amended not the law passed by
*ongress(
"ay the Congress &mend the Ru*e .urther8
#o, when decided by upreme *ourt(
R. G=1+- peedy $rial .ct of -11G
2(5( -G-G- 2rohibits courts from issuing
injunction writs in cases involving
infrastructure, natural resource development and
utility projects(
ummary &udicial 2roceedings in the 'amily
*ode- ;overned by .rticles 3+G to 3>+ subject
to the rule making of *(
'(traordinary Jurisdiction
$he courts justices are recogniIed not only to
settle actual controversies but to determine
WK# there has been grave abuse of discretion
amounting to lack or e/cess of jurisdiction(
&udicial power- the right to determine actual
controversies( .ccording to *onception, it is the
product of e/perience during 7artial Law(
-1G9 *onstitution- reactionary charter(
Is the $o*itica* Question Doctrine &*ready
Oso*ete8
!y no means( 8owever in proper case, the
upreme *ourt is not hindered by the doctrine
where abuse of discretion is grave(
Is this 9e(traordinary !urisdiction: vested in the
Supreme Court a*one or in other courts as %e**8
Res, in other courts also in a proper case(
Lis mota- the cause of the suit or action(
What is a 9proper case:8
$here must be an actual case or controversy(
$he %uestion of constitutionality must be raised
by the proper party(
$he constitutional %uestion must be raised at the
earliest possible time(
$he determination of the constitutional %uestion
must be necessary to the determination of the
case itself(
Who is the $roper $arty8
$he person directly affected(
,he $o%er to Dec*are 3nconstitutiona*
)nvolving rights that are legally demandable and
enforceable referred to as judicial supremacy(
'6uity Jurisdiction
4%uity- &ustice according to natural law and
right or justice outside law being ethical rather
than jural and belonging more to the sphere of
morals than of law( )t signifies to the power of
the high court to waive technical rules in order
to be able to rule on important substantive
issues(
* has the power to suspend its own rules when
the ends of justice would be served thereby(
Supreme Court Circu*ar No/ ;0<=
*ourt en banc is not an appellate court( )t is
enumerated in the * *ircular #o 3-G1 dated
'eb( 9, -1G1 as amended by * Resolution
dated #ovember -G, -11+(
,he High Court is Not a ,rier of .acts
Knly %uestions of law for certiorari in the *(
$he following are the casesA
B-C when the conclusion is a finding grounded
entirely on speculation, surmises or conjectures
M&oa%uin v( #avarro, 1+ 2hil( 3>9 B-1>+CN6
B3C ( when the inference made is manifestly absurd,
mistaken or impossible BLuna v( Linatoc, 9= 2hil(
-> B-1=3CN6
B+C when there is grave abuse of discretion in the
appreciation of facts B!uyco v( 2eople, 1> 2hil( 3>+
B-1>=CN6
B=C when the judgment is premised on a
misapprehension of facts M5e la *ruI v( osing, 1=
2hil( 3? B-1>+C6 *astillo v( *ourt of .ppeals( ;(R(
#o( L-=G31,, eptember 31,-1G+,-3= *R. G,GN6
B>C when the findings of fact are conflicting M*asica
v( "illaseca, -,- 2hil( -3,> B-1>9CN6
B?C when the *ourt of .ppeals, in making its
findings, went beyond the issues of the case and the
same is contrary to the admissions of both appellant
and appellee M4vangelista v( .lto urety L )ns( *o(,
)nc(, -,+ 2hil( =,- B-1>GCN6
B9C when the findings of the *ourt of .ppeals are
contrary to those of the trial court6
BGC when such findings of fact are conclusions
without citation of specific evidence on which they
are based6
B1C when the facts set forth in the petition as well as
in the petitionersE main and reply briefs are not
disputed by the respondents 6 and
B-,C when the findings of fact of the *ourt of
.ppeals is premised on the supposed absence of
evidence and is contradicted by the evidence on
record(
Congress Has No $o%er Over the Jurisdiction of
the Supreme Court
7ay not deprive the * of its jurisdiction over
cases enumerated in ection >(
R. ?99,- Krders etc of the Kmbudsman in
administrative cases are appealable to * via
Rule => RK*(
Judicia* Courtesy
When a party is aggrieved by an interlocutory
order, can elevate it through certiorari under
Rule ?>( !ut, the filing of certiorari will not stop
the trial court from proceeding in the main case
in the absence of a $RK or writ of preliminary
injunction from the higher court(
&udicial courtesy- re%uires the lower court to
refrain from acting notwithstanding the absence
of $RK and W2)
$RK- is an order issued by a judge in an attempt
to keep one person from harassing another
person or group of people(
)nterlocutory order- $emporary order issued
during the course of litigation( $ypically cannot
be appealed because it is not final( 4/ceptions
include injunctions issued and denial of
arbitration demands(
W2)- a provisional remedy that is invoked to
preserve the subject matter in its e/isting
condition( )ts purpose is to prevent dissolution
of the plaintiffFs rights( $he main reason for use
of a preliminary injunction is the need for
immediate relief(
&utomatic revie% y the Supreme Court
Review on reclusion perpetua should be brought
to *ourt of .ppeals for intermediate review
before final review of *(
Writ of &mparo
'rom the panish word amparar meaning to
protect
)t is a special constitutional writ to protect or
enforce a constitutional right other than physical
liberty which is already covered by the writ of
habeas corpus( )t is used to protect constitutional
rights(
,%o Standards of Judicia* Revie%
2anganiban- trict scrutiny and deferential
interpretation are standards of judicial review
;rave abuse of discretionA
B-C $hose that clearly violate the *onstitution, the
laws or settled jurisprudence
B3C $hose that have been issued with patent
arbitrariness, whim, bias or personal hostility(
,he Court of &ppea*s
2rescribed and apportioned in the &udiciary
ReorganiIation .ct of -1G- or !atas 2ambansa
!lg( -31( )t was created through *ommonwealth
.ct #o( + enacted in 5ecember +-, -1+>
pursuant to ection -, .rticle "))) of the -1+>
*onstitution(
$he *ourt is composed of one 2residing &ustice
and si/ty eight B?GC .ssociate &ustices( $hey
are all appointed by the 2resident( $he *ourt sits
by divisions, each division being composed of
three members( $he *ourt may sit en anc for
the purpose of e/ercising administrative,
ceremonial or other non-adjudicatory
functions( )t was organiIed in 'ebruary -, -1+?
starting with -- &ustices headed by 2residing
&ustice(
)n -1+?- membership was increased to ->, then
-G by R. -?,>, then 3= by R. >3,=(
)n -1G+- renamed )ntermediate .ppellate *ourt
B).*C and its composition was increased to >,
.ssociate &ustices and a 2residing &ustice(
4K #o( ++ on &uly 3G, -1G?, ).* was reverted
to *. with -9 divisions and + &ustices in each
div(
5ecember +,, -11?- R. G3=? increased the
membership to present of ?1 constituted with 3+
divisions( + new divisions stationed in *ebu
*ity in cases coming from ?
th
, 9
th
and G
th
judicial
regions( + new divisions stationed *5K for
cases coming from 1
th
, -,
th
, --
th
and -3
th
judicial
regions(
,he )a% '(panding the Jurisdiction of the Court of
&ppea*s
R. 91,3 e/pands the jurisdiction of the *.(
igned into law on 'ebruary 3+, -11>( )t took
effect on 7arch -G, -11>( $he legislature
authoriIed *. to formulate internal rules and
procedure contained in ection-3 of !2 -31(
,he Ru*e0"a#ing $o%er of the Court of &ppea*s
*. is empowered to promulgate its own internal
rules same with *(
* is constitutional, *. is legislative(
* power e/tends to all courts, while *. is
confined in its internal procedure(
5ecember -3, -1G?- *. formulated internal
rules(
Concurrent Jurisdiction Over Haeas Corpus
*. and * have concurrent jurisdiction with
'amily *ourts over petition of habeas corpus
where custody of minors is at issue(
.side from the *., the following may issue
writs of certiorariA
-( upreme *ourt
3( Regional $rial *ourt
+( hariEah .ppellate *ourt
=( hariEah 5istrict *ourt
>( *K74L4*
?( andiganbayan
$erfection of &ppea*
hall be reckoned not from the filing of the
notice of appeal but from the payment of the
docket fees(
$he right to appeal is a statutory privilege and
maybe e/ercised only in the manner provided by
law(
,he .resh $eriod Ru*e
-> days to file #otice of .ppeal in R$*(
$he right to appeal is a statutory privilege and
maybe e/ercised only in the manner provided by
law(
&ppea* from the Court of ,a( &ppea*s
*ollegiate *ourt level- R. 13G3
$he decisions of *$. are appealable to the *.
under Rule => of the -119 R*2 and certiorari to
*(
,he ,ria* Court
!2 -31
!.$. 2.7!.#. !)L.#; -31


.# .*$ R4KR;.#)S)#; $84 &@5)*).RR,
.22RK2R).$)#; '@#5 $84R4'KR, .#5
'KR K$84R 2@R2K4(
2R4L)7)#.RR *8.2$4R
ection -( ,it*e/ D $his .ct shall be known as 4,he
Judiciary Reorgani>ation &ct of ?=<@/4
ec( 3( Scope/ D $he reorganiIation herein
provided shall include the *ourt of .ppeals, the
*ourt of 'irst )nstance, the *ircuit *riminal *ourts,
the &uvenile and 5omestic Relations *ourts, the
*ourts of .grarian Relations, the *ity *ourts, the
7unicipal *ourts, and the 7unicipal *ircuit *ourts(
*8.2$4R )
*K@R$ K' .224.L
ec( +( Organi>ation/ D $here is hereby created a
*ourt of .ppeals which consists of a 2residing
&ustice and fifty .ssociate &ustice who shall be
appointed by the 2resident of the 2hilippines( $he
2residing &ustice shall be so designated in his
appointment, and the .ssociate &ustice shall have
precedence according to the dates of their respective
appointments, or when the appointments of two or
more of them shall bear the same date, according to
the order in which their appointments were issued
by the 2resident( .ny member who is reappointed
to the *ourt after rendering service in any other
position in the government shall retain the
precedence to which he was entitled under his
original appointment, and his service in the *ourt
shall, for all intents and purposes, be considered as
continuous and uninterrupted( 1&s amended
y '(ec/ Order No/ AA5 Ju*y ;<5 ?=<B2
ec( =( '(ercise of po%ers and functions/ D $he
*ourt .ppeals shall e/ercise its powers, functions,
and duties, through seventeen B-9C divisions, each
composed of three B+C members( $he *ourt may
sit en anconly for the purpose of e/ercising
administrative, ceremonial, or other non-
adjudicatory functions( Bas amended y '(ec/ Order
No/ AA5 Ju*y ;B5 ?=<B2
ec( >( Succession to Office of $residing Justice/
C )n case of a vacancy in the absence of inability to
perform the powers, functions, and duties of his
office, the associate &ustice who is first in
precedence shall perform his powers, functions, and
duties until such disability is removed, or another
2residing &ustice is appointed and has %ualified(
ec( ?( Who presides over session of a division/ C )f
the 2residing &ustice is present in any session of a
division of the *ourt, he shall preside( )n his
absence, the .ssociate &ustice attending such
session who has precedence shall preside(
ec( 9( Qua*ifications/ C $he 2residing &ustice and
the .ssociate &ustice shall have the same
%ualifications as those provided in *onstitution for
&ustice of the upreme *ourt(
ec( G( +rouping of Divisions/ C 1'(press*y
repea*ed y Section D5 '(ec/ Order No/ AA5 Ju*y ;<5
?=<B2
ec( 1( Jurisdiction/ C $he *ourt of .ppeals shall
4/erciseA
-( Kriginal jurisdiction to issue writs
of mandamus5 prohibition, certiorari5
haeas corpus5 and 6uo %arranto5 and
au/iliary writs or processes, whether or not
in aid of its appellate jurisdiction6
3( 4/clusive original jurisdiction over
actions for annulment of judgments of
Regional $rial *ourts6 and
+( 4/clusive appellate jurisdiction over all
final judgments, resolutions, orders or
awards of Regional $rial *ourts and %uasi-
judicial agencies, instrumentalities, boards
or commission, including the ecurities and
4/change *ommission, the ocial ecurity
*ommission, the 4mployees *ompensation
*ommission and the *ivil ervice
*ommission, 4/cept those falling within the
appellate jurisdiction of the upreme *ourt
in accordance with the *onstitution,
the Labor *ode of the 2hilippines under
2residential 5ecree #o( ==3, as amended,
the provisions of this .ct, and of
subparagraph B-C of the third paragraph and
subparagraph = of the fourth paragraph od
ection -9 of the &udiciary .ct of -1=G(
$he court of .ppeals 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 .ppeals must be
continuous and must be completed within three B+C
months, unless e/tended by the *hief &ustice( 1as
amended y R/ &/ No/ E=@;2
ec( -,( $*ace of ho*ding sessions/ C $he *ourt of
.ppeals shall have its permanent station in the *ity
of 7anila( Whenever demanded by public interest,
the upreme *ourt, upon its own initiative or upon
recommendation of the 2residing &ustice, may
authoriIe a division of the *ourt to hold sessions
outside 7anila, periodically, or for such periods and
at such places as the upreme *ourt may determine,
for the purpose of hearing and deciding cases(
ec( --( Quorum C . majority of the actual
members of the *ourt shall constitute a %uorum for
its session en anc/ $hree members shall constitute
a %uorum for the session of a division( $he
unanimous vote of the three members of a division
shall be necessary for the pronouncement of a
decision of final resolution, which shall be reached
in consultation before the writing of the opinion by
any members of the division( )n the event that the
three members do not reach a unanimous vote, the
2residing &ustice shall re%uest the Raffle *ommittee
of the *ourt for the designation of two additional
&ustice to sit temporarily with them, forming a
special division of five members and the
concurrence of a majority of such division shall be
necessary for the pronouncement of a decision or
final resolution( $he designation of such additional
&ustice shall be made strictly by raffle(
. month for reconsideration of its decision or final
resolution shall be resolved by the *ourt within
ninety B1,C days from the time it is submitted for
resolution, and no second motion for
reconsideration from the same party shall be
entertainment( 1&s amended y '(ec/ Order No/ AA5
Ju*y ;<5 ?=<B2
ec( -3( Interna* Ru*es/ C $he court en anc is
authoriIed to promulgate rules or orders governing
the constitution of the divisions and the assignment
of .ppellate &ustices thereto, the distribution of
cases, and other matters pertaining to the operations
of the *ourt of its divisions( *opies of such rules
and orders shall be furnished by the upreme *ourt,
which rules and orders shall be effective fifteen B->C
days after receipt thereof, unless directed otherwise
by the upreme *ourt(
*8.2$4R ))
R4;)K#.L $R).L *K@R$
ec( -+( Creation of Regiona* ,ria* Courts/ C $here
are hereby created thirteen B-+C Regional $rial
*ourts, one for each of the following judicial
regionsA
$he 'irst &udicial Region, consisting of the
provinces of .bra, !enguet, )locos #orte, )locos
ur, La @nion, 7ountain 2rovince, and 2angasinan,
and cities of !aguio, 5agupan, Laoag and an
*arlos6
$he econd &udicial Region, consisting of the
provinces of !atanes, *agayan, )fugao, Halinga-
.payao, #ueva "iscaya, and :uirino6
$he $hird &udicial Region, consisting of the
provinces of !ataan, !ulacan Be/cept the
municipality of "alenIuelaC, #ueva 4cija,
2ampanga, $arlac, and Sambales, and the cities of
.ngeles, *abanatuan, Klongapo, 2alayan and an
&ose6
$he #ational *apital &udicial Region, consisting of
the cities of 7anila, :ueIon, 2asay, *aloocan and
7andaluyong, and the municipalities of #avotas,
7alabon, an &uan, 7akati, 2asig, 2ateros, $aguig,
7arikina, 2araJa%ue, Las 2iJas, 7untinlupa, and
"alenIuela6
$he 'ourth &udicial Region, consisting of the
provinces of !atangas, *avite, Laguna,
7arindu%ue, 7indoro Kccidental, 7indoro
Kriental, 2alawan, :ueIon, RiIal Be/cept the cities
and municipalities embraced within the #ational
*apital &udicial Region, Romblon, and .urora, and
the cities of !atangas, *avite, Lipa, Lucena, 2uerto
2rincesa, an 2ablo, $agaytay, and $rece 7artireI6
$he 'ifth &udicial Region, consisting of the
provinces of .lbay, *amarines ur, *amarines
#orte, *atanduanes, 7asbate, and orsogon, and
the cities of Legaspi, #aga and )riga6
$he i/th &udicial Region, consisting of the
provinces of .klan, .nti%ue, *apiI, )loilo, La
*arlota, Ro/as, an *arlos, and ilay, and the
subprovince of ;uimaras6
$he eventh &udicial Region, consisting of the
provinces of !ohol, *ebu, #egros Kriental, and
i%uijor, and the cities of !ais, *anlaon, *ebu,
5anao, 5umaguete, Lapu-lapu, 7andaue,
$agbilaran, and $oledo,
$he 4ighth &udicial Region, consisting of the
provinces or 4astern amar, Leyte, #orthern,
amar, outhern Leyte, Krmoc, and $aclobanA
$he #inth &udicial Region, consisting of the
provinces of !asilan, ulu, $awi-$awi, Samboanga
del ur, and the cities of 5apitan, 5ipolog,
2agadian, and Samboanga6
$he $enth &udicial Region, consisting of the
provinces of .gusan del #orte, .gusan del ur,
!ukidnon, *amiguin, 7isamis Kccidental, 7isamis
Kriental, and urigao del #orte, and the cities of
!utuan, *agayan de Kro, ;ingoog, KIamis,
Kro%uieta, urigao, and $angub6
$he 4leventh &udicial Region, consisting of the
provinces of 5avao del #orte, 5avao Kriental,
5avao del ur, outh *otabato, and urigao del
ur, and the cities of 5avao, and ;eneral antos6
and
$he $welfth &udicial Region, consisting of the
provinces of Lanao del #orte, Lanao del ur,
7aguindanao, #orth *otabato, and ultan Hudarat,
and the cities of *otabato, )ligan, and 7arawi(
)n case of transfer or redistribution of the provinces,
subprovinces, cities or municipalities comprising
the regions established by law of purposes of the
administrative field organiIation of the various
departments and agencies of the government, the
composition of the judicial regions herein
constituted shall be deemed modified accordingly(
ec( -=( Regiona* ,ria* Courts(
BaC 'ifty-seven Regional $rial &udges shall
be commissioned for the 'irst &udicial
Region( $here shall beA

$wo branches B!ranches ))) and ))C
for the province of .bra, with seats
at !angued6
4ight branches B!ranches ))) to TC
for the province of !enguet and the
city of !aguio, !ranches ))) to "))
with seats at !aguio *ity, and
!ranches "))) to T at La $rinidad6
#ine branches B!ranches T) to T)TC
for the province of )locos #orte and
the city of Laoag, !ranches T) to
T") with seats at Laoag *ity,
!ranches T")) and T"))) at !atac,
and !ranch T)T at !angui6
i/ branches B!ranches TT to TT"C
for the province of )locos ur,
!ranches TT and TT) with seats at
"igan, !ranch TT)) at #arvacan,
!ranch TT))) at *andon, !ranch
TT)" at *abugao, and !ranch TT"
at $agudin6
#ine branches B!ranches TT") to
TTT)"C for the province of La
@nion, !ranches TT") to TTT with
seats at an 'ernando, !ranches
TTT) and TTT)) at .goo, !ranch
TTT))) at !auang, and !ranch
TTT)" at !alaoan6
$wo branches B!ranches TTT" and
TTT")C for the province of
7ountain province, with seats at
!ontoc6 and
$wenty-one branches B!ranches
TTT")) to L"))C for the province of
2angasinan and the cities of 5agupan
and an *arlos, !ranches TTT"))
to TTT)T with seats at Lingayen,
!ranches TL to TL)" at 5agupan,
!ranches TL" to TL)T at @rdaneta,
!ranch L at "illasis, !ranches L)
and L)) at $ayug, !ranch L))) at
Rosales, !ranches L)" and L" at
.laminos, and !ranch L") and L"))
at an *arlos(

BbC $hirty-two Regional $rial &udges shall
be commissioned for the econd &udicial
region( $here shall beA

$welve branches B!ranches ) to T))C
for the province of *agayan,
!ranches ) to " with seats at
$uguegarao, !ranches ") to T at
.parri, !ranch T) at $uao, and
!ranch T)) at ancheI 7ira6
Kne branch B!ranch T)))C for the
province of !atanes, with seat at
!asco6
$wo branches B!ranches T)" and
T"C for the province of )fugao,
!ranch T)" with seat at Lagawe,
and !ranch T" at 2otia6
#ine branches B!ranches T") to
TT)"C for the province of )sabela,
!ranches T") to T"))) with seats at
)lagan, !ranches T)T and TT at
*auayan, !ranch TT) at antiago,
!ranch TT)) at *abagan, !ranch
TT))) at Ro/as, and !ranch TT)" at
4chague6
$wo branches B!ranches TT" and
TT")C for the province of Halinga-
.payao, !ranch TT" with seat at
$abuk, and !ranch TT") at Luna6
'our branches B!ranches TT")) to
TTTC for the province of #ueva
"iIcaya, !ranches TT")) to TT)T
with seats at !ayombong, and
!ranch TTT at !ambang6
$wo branches B!ranches TTT) and
TTT))C for the province of :uirino,
with seats at *abarroguis(

BcC eventy-five Regional $rial judges shall
be commissioned for the $hird &udicial
Region( $here shall beA

'ive branches B!ranches ) to "C for
the province of !ataan, !ranches ) to
))) with seats at !alanga, !ranch )"
at 7ariveles, and !ranch " at
5inalupihan6
eventeen branches B!ranches ") to
TT))C for the province of !ulacan
Be/cept the municipality of
"alenIuelaC, with seats at 7alolos6
4ighteen branches B!ranches TT)))
to TLC for the province of #ueva
4cija and the cities of *abanatuan,
an &ose and 2alayan, !ranches
TT))) to TTT with seats at
*abanatuan *ity, !ranches TTT) to
TTT))) at ;uimba, !ranches
TTT)" to TTT") at ;apan, !ranch
TTT")) at to( 5omingo, !ranches
TTT"))) and TTT)T at an &ose,
and !ranch TL at 2alayan(
$wenty-two branches B!ranches TL)
to LT))C for the province of
2ampanga and the city of .ngeles,
!ranches TL) to TL"))) with seats
at an 'ernando, !ranches TL)T to
L))) at ;uagua, !ranches L)" and
L" at 7acabebe, and !ranches L")
to LT)) at .ngeles *ity6
i/ branches B!ranches LT))) to
LT")))C for the province of $arlac,
!ranches LT") at *apas, !ranch
LT")) at 2ani%ui, and !ranch
LT"))) at *amiling6 and
even branches B!ranches LT)T to
LTT"C for the province of Sambales
and the city of Klongapo, !ranches
LT)T to LTT) with seats at )ba and
!ranches LTT)) to LTT" at
Klongapo *ity

BdC Kne hundred seventy-two B-93C Regional
$rial &udges shall be commissioned for the
#ational *apital &udicial Region( $here
shall beA

'ifty-five branches B!ranches - to
>>C for the *ity of 7anila, wit seats
thereat6
$hirty-two branches B!ranches 9? to
-,9C for :ueIon *ity, with seats
thereat6
$welve branches B!ranches -,G to
--1C for 2asay *ity, with seats
thereat6
$welve branches B!ranches -3, to
-+-C for *aloocan *ity, with seats
thereat6
'ifty-eight branches B!ranches >? to
9= and -+3 to -9,C for the
7unicipalities of #avotas, 7alabon,
an &uan, 7andaluyong, 7akati,
2asig, 2ateros, $aguig, 7arikina,
2araJa%ue, Las 2iJas, and
7untinlupa6 !ranches ?9 to 9- and
->- to -?G at 2asig6 and !ranches 93
to 9=, -?1 and -9, at 7alabon6 and
$hree branches B!ranches 9>, -9-
and -93C for the municipality of
"alenIuela, with seats thereat(1&s
amended y '(ecutive Order No/ AA5
Ju*y A@5 ?=<B2

BeC 4ighty-two Regional $rial &udges shall
be commissioned for the 'ourth &udicial
Region( $here shall beA

'ourteen branches B!ranches ) to
T)"C for the province of !atangas
and the cities of Lipa and !atangas,
!ranches ) to ") with seats at
!atangas *ity, !ranch " at Lemery,
!ranches ") to "))) at $anauan,
!ranches )T to T) at !alayan,
!ranches T)) and T))) at Lipa, and
!ranch T)" at #asugbu6
#ine branches B!ranches T" to
TT)))C for the province of *avite
and the cities of *avite, $agaytay
and $rece 7artireI, !ranch T" with
seat at #aic, !ranches T")) at
*avite *ity, !ranch T"))) at
$agaytay *ity, !ranch T)T at
!acoor, !ranches TT to TT)) at
)mus, and !ranch TT))) at $rece
7artireI6
'ourteen branches B!ranches TT)"
to TTT"))C for the province of
Laguna and the city of an 2ablo,
!ranches TT"))) at ta( *ruI,
!ranches TT)T to TTT)) at an
2ablo *ity, !ranch TTT))) at
iniloan, and !ranches TTT)" to
TTT") at *alamba6
Kne branch B!ranch TTT")))C for
the province of 7arindu%ue, with
seat at !oac6
'ive branches B!ranches TTT)T to
TL)))C for the province of 7indoro
Kriental, !ranches TTT)T to TL
with seats at *alapan, !ranches TL)
and TL)) at 2inamalayan, and
!ranch TL)) at Ro/as6
$hree branches B!ranches TL")) to
TL")C for the province of 7indoro
Kccidental, !ranch TL)" with seat
at 7amburao, and !ranches TL"
and TL") at an &ose6
i/ branches B!ranches TL")) to
L))C for the province of 2alawan and
the city of 2uerto 2rincesa, with seats
at 2uerto 2rincesa *ity6
$hirteen branches B!ranches L))) to
LT"C for the province of :ueIon
and the city of Lucena, !ranches L)))
to LT with seats at Lucena *ity,
!ranches LT) and LT)) at ;umaca,
!ranch LT))) at *alauag, !ranch
LT)" at 7auban, and !ranch LT"
at )nfanta6
Kne branch B!ranch LT")C for the
province of .urora, with seat at
!aler6
'ourteen branches B!ranches LT"))
to LTTTC for the province of RiIal
e/cept the cities and municipalities
embraced within the #ational *apital
&udicial Region, !ranches LT")) to
LTT with seats at !inangonan,
!ranches LTT) to LTT)" at
.ntipolo, !ranches LTT" to
LTT")) at an 7ateo, and !ranches
LTT"))) to LTTT at 7orong6 and
$wo branches B!ranches LTTT) and
LTTT))C for the province of
Romblon, !ranch LTTT) with seat
at Romblon, and !ranch LTTT)) at
Kdiongan(

BfC 'ifty-five Regional $rial &udges shall be
commissioned for the 'ifth &udicial Region(
$here shall beA

4ighteen branches B!ranches ) to
T")))C for the province of .lbay and
the *ity of Legaspi, !ranches ) to T
with seats at Legaspi *ity, !ranches
T) to T)" at Ligao, and !ranches
T" to T"))) at $abaco6
#ineteen branches B!ranches T)T to
TTT"))C for the province of
*amarines ur and the cities of #aga
and )riga, !ranches T)T to TT")))
with seats at #aga *ity, !ranch
TT)T at Libmanan, !ranch TTT at
$igaoan, !ranches TTT) to TTT)))
at 2ili, and !ranches TTT)" to
TTT")) at )riga *ity6
'our branches B!ranches TTT")))
to TL))C for the province of
*amarines #orte, with seat at 5aet6
$wo branches B!ranches TL)) and
TL))C for the province of
*atanduanes, with seats at "irac6
even branches B!ranches TL)" to
LC for the province of 7asbate,
!ranches TL)" to TL"))) with seats
at 7asbate, !ranch TL)T at
*ataingan, and !ranch L at an
&acinto6 and
'ive branches B!ranches L) to L"C
for the province of orsogon,
!ranches L) to L))) with seats at
orsogon, !ranch L") at ;ubat, and
!ranch L" at )rosin(

BgC i/ty-three Regional $rial &udges shall
be commissioned for the i/th &udicial
Region( $here shall beA

#ine branches B!ranches ) to )TC for
the province of .klan, with seats at
Halibo6
'our branches B!ranches T to T)))C
for the province of .nti%ue,
!ranches T to T)) with seats at an
&ose, and !ranch T))) and *ulasi6
4ight branches B!ranches T)" to
TT)C for the province of *apiI and
the city of Ro/as, !ranches T)" to
T)T with seats at Ro/as *ity and
!ranches TT and TT) at
7ambusao6
4ighteen branches B!ranches TT))
to TTT)TC for the province of )loilo,
the subprovince of ;uimaras, and the
city of )loilo, with seats at )loilo
*ity6 and
$wenty-four branches B!ranches TL
to LT)))C for the province of #egros
Kccidental, and the cities of !acolod,
!ago, *adiI, La *arlota, an *arlos
and ilay, !ranch TL with seat at
ilay *ity, !ranches TL) to L)" at
!acolod *ity, !ranches L" and L")
at 8imamaylan, !ranches L")) to
L)T at Habankalan, !ranch LT)) at
!ago *ity, and !ranch LT)) at La
*arlota *ity(

BhC 'orty-si/ Regional $rial &udges shall be
commissioned for the eventh &udicial
Region( $here shall beA

'our branches B!ranches ) to )"C for
the province of !ohol and the city of
$agbilaran, with seats at $agbilaran
*ity6
$wenty-five branches B!ranches "
to TT)TC for the province of *ebu
and the cities of *ebu, 5anao, Lapu-
Lapu, 7andaue and $oledo,
!ranches " to TT)" with seats at
*ebu *ity, !ranch TT" at 5anao
*ity, !ranch TT") at .rgao, !ranch
TT")) at Lapu-Lapu *ity, !ranch
TT"))) at 7andaue *ity, and
!ranch TT)T at $oledo *ity6
i/teen branches B!ranches TTT to
TL"C for the province of #egros
Kriental and the cities of 5umaguete,
!ais and *anlaon, !ranches TTT to
TL)" with seats at 5umaguete *ity,
and !ranch TL" at !ais *ity6 and
Kne branch B!ranch TL")C for the
province of i%uijor, with seat at
Larena(

BiC $hirty-three Regional $rial &udges shall
be commissioned for the 4ighth &udicial
Region( $here shall beA

'ive branches B!ranches ) to "C for
the province of 4astern amar,
!ranches ) and )) with seats at
!orongan, !ranch ))) at ;uiuan,
!ranch )" at 5olores, and !ranch "
at Kras6
$hirteen branches B!ranches ") to
T")))C for the province of Leyte, the
sub-province of !iliran, and the
cities of Krmoc and $acloban,
!ranches ") and )T with seats at
$acloban *ity, !ranch T at .buyog,
!ranch T) at *alubian, !ranch T)) at
Krmoc *ity, !ranch T))) at *arigara,
!ranch T)" at !aybay, !ranch T"
at !urauen, !ranch T") at #aval,
!ranch T")) at 2alompon, and
!ranch T"))) at 8ilongos6
'ive branches B!ranches T)T to
TT)))C for the province of #orthern
amar, !ranches T)T and TT with
seats at *atarman, !ranches TT) and
TT)) at Laoang, and !ranch TT)))
at .llen6
$hree branches B!ranches TT)" to
TT")C for the province of outhern
Leyte, !ranches TT)" and TT"
with seats at 7aasin, and !ranch
TT") at an &uan6 and
even branches B!ranches TT")) to
TTT)))C for the province of amar
and the city of *albayog, !ranches
TT")) to TT)T with seats at
*atbalogan, !ranch TTT at !asey,
!ranches TTT) and TTT)) at
*albayog *ity, and !ranch TTT)))
at *albiga(

BjC $wenty-four Regional $rial &udges shall
be commissioned for the #inth &udicial
Region( $here shall beA

$wo branches B!ranches ) and ))C for
the province of !asilan, with seats at
)sabela6
$wo branches B!ranches ))) and )"C
for the province of ulu, !ranch )))
with seat at &olo, and !ranch )" at
2arang6
Kne branch B!ranch "C for the
province of $awi-$awi, with seat at
!ongao6
i/ branches B!ranches ") to T)C for
the province of Samboanga del
#orte, and the cities of 5ipolog and
5apitan, !ranches ") to T seats at
5ipolog *ity, and !ranch T) at
indangan6 and
$hirteen branches B!ranches T)) to
TT)"C for the province of
Samboanga del ur and the cities of
2agadian and Samboanga !ranches
T)) to T")) with seats at Samboanga
*ity, !ranches, T"))) to TT)) at
2agadian *ity, !ranch TT))) at
7olave, and !ranch TT)" at )pil(

BkC $hirty-two Regional $rial &udges shall
be commissioned for the $enth &udicial
Region( $here shall beA

'ive branches B!ranches ) to "C for
the province of .gusan del #orte
and the city of !utuan, with seats at
!utuan *ity6
$wo branches B!ranches ") and "))C
for the province of .gusan del ur,
!ranches ") with seat at 2rosperidad
and !ranch ")) with seat at
!ayugan6
'our branches B!ranches "))) to T)C
for the province of !ukidnon,
!ranches "))) to T with seats at
7alaybalay and !ranch T) at
7analo 'ortich6
'ive branches B!ranches T)) to T)C
for the province of 7isamis
Kccidental and the cities of
Kro%uieta, KIamis, and $angub,
!ranches T)) to T)" with seats at
Kro%uieta *ity, !ranch T" at
KIamis *ity, and !ranch T") at
$angub *ity6
4leven branches B!ranches T")) to
TT"))C for the province of 7isamis
Kriental and the cities of *agayan de
Kro and ;ingoog, !ranches T")) to
TT" with seats at *agayan de Kro
*ity, !ranch TT") at 7edina, and
!ranch TT")) at ;ingoog *ity6
Kne branch B!ranch TT")))C for the
province of *amiguin, with seat at
7ambajao6 and
'our branches B!ranches TT)T to
TTT))C for the province of urigao
del #orte and the *ity of urigao,
!ranches TT)T and TTT with seats
at urigao *ity, !ranch TTT) at
5apa, and !ranch TTT)) at 5inagat,
5inagat )sland(

BlC $wenty-nine Regional $rial &udges shall
be commissioned for the 4leventh &udicial
Region( $here shall beA

'our branches B!ranches ) to )"C for
the province of 5avao del #orte,
!ranches ) and )) with seats at
$agum, !ranch ))) at #abunturan,
and !ranch )" at 2anabo6
$hree branches B!ranches " to "))C
for the province of 5avao Kriental,
!ranches " and ") with seats at 7ati
and !ranch ")) at !anganga6
'ourteen branches B!ranches "))) to
TT)C for the province of 5avao del
ur and the city of 5avao, !ranches
"))) to T")) with seats at 5avao
*ity, !ranches T"))) and T)T at
5igos, !ranch TT at 7alinta, and
!ranch TT) a !ansalan6
'ive !ranches B!ranches TT)) to
TT")C for the province of outh
*otabato and the city of ;eneral
antos, !ranches TT)) and TT)))
with seats at ;eneral antos *ity,
!ranches TT)" and TT" at
Horonadal, and !ranch TT") at
urallah6 and
$hree branches B!ranches TT")) to
TT)TC for the province of urigao
del ur, !ranch TT")) with seat at
$andag, !ranch TT"))) at Lianga,
and !ranch TT)T at !islig(

BmC $wenty Regional $rial &udges shall be
commissioned for the $welfth &udicial
Region( $here shall beA

even branches B!ranches ) to "))C
for the province of Lanao del #orte
and the city of )ligan, !ranches ) to
") with seats at )ligan *ity, and
!ranch ")) at $ubod6
'ive branches B!ranches "))) to T))C
for the province of Lanao del ur and
the city of 7arawi, !ranches "))) to
T with seats at 7arawi *ity, and
!ranches T) and T)) at 7alabang6
$hree branches B!ranches T))) to
T"C for the province of
7aguindanao and the city of
*otabato, !ranches T))) and T)"
with seats at *otabato *ity, and
!ranch T" at 7aganoy6
$hree branches B!ranches T") to
T")))C for the province of #orth
*otabato, !ranch T") with seat at
Habacan, !ranch T")) at
Hidapawan, and !ranch T"))) at
7idsayap6 and
$wo branches B!ranches T)T and
TTC for the province of ultan
Hudarat, !ranch T)T, with seat at
)sulan, and !ranch TT at $acurong(
ec( ->( Qua*ifications/ D #o persons shall be
appointed Regional $rial &udge unless he is a
natural-born citiIen of the 2hilippines, at least
thirty-five years of age, and for at least ten years,
has been engaged in the practice of law in the
2hilippines or has held a public office in the
2hilippines re%uiring admission to the practice of
law as an indispensable re%uisite(
ec( -?( ,ime and duration of sessions/ D $he time
and duration of daily sessions of the Regional $rial
*ourts shall be determined by the upreme
*ourtA $rovided5 ho%ever, $hat all motions, e/cept
those re%uiring immediate action, shall be heard in
the afternoon of every 'riday, unless it falls on a
holiday, in which case, the hearing shall be held on
the afternoon of the ne/t succeeding business
dayA $rovided5 further, $hat the upreme *ourt
may, for good reasons, fi/ a different motion day in
specified areas
ec( -9( &ppointment and assignment of Regiona*
,ria* Judges/ D 4very Regional $rial &udge shall
be appointed to a region which shall be his
permanent station, and his appointment shall state
the branch of the court and the seat thereof to which
he shall be originally assigned( 8owever, the
upreme *ourt may assign temporarily a Regional
$rial &udge to another region as public interest may
re%uire, provided that such temporary assignment
shall not last longer than si/ B?C months without the
consent of the Regional $rial &udge concerned(
. Regional $rial &udge may be assigned by the
upreme *ourt to any branch or city or municipality
within the same region as public interest may
re%uire, and such assignment shall not be deemed an
assignment to another station within the meaning of
this section(
ec( -G( &uthority to define territory appurtenant to
each ranch/ D $he upreme *ourt shall define the
territory over which a branch of the Regional $rial
*ourt shall e/ercise its authority( $he territory thus
defined shall be deemed to be the territorial area of
the branch concerned for purposes of determining
the venue of all suits, proceedings or actions,
whether civil or criminal, as well as determining the
7etropolitan $rial *ourts, 7unicipal $rial *ourts,
and 7unicipal *ircuit $rial *ourts over the said
branch may e/ercise appellate jurisdiction( $he
power herein granted shall be e/ercised with a view
to making the courts readily accessible to the people
of the different parts of the region and making the
attendance of litigants and witnesses as ine/pensive
as possible(
ec( -1( Jurisdiction in civi* cases/ D Regional
$rial *ourts shall e/ercise e/clusive original
jurisdictionA
B-C )n all civil actions in which the subject of
the litigation is incapable of pecuniary
estimation6
B3C )n all civil actions which involve the title
to, or possession of, real property, or any
interest therein, where the assessed value of
the property involved e/ceeds $wenty
thousand pesos B23,,,,,(,,C or for civil
actions in 7etro 7anila, where such the
value e/ceeds 'ifty thousand pesos
B>,,,,,(,,C e/cept actions for forcible entry
into and unlawful detainer of lands or
buildings, original jurisdiction over which is
conferred upon 7etropolitan $rial *ourts,
7unicipal $rial *ourts, and 7unicipal
*ircuit $rial *ourts6
B+C )n all actions in admiralty and maritime
jurisdiction where he demand or claim
e/ceeds Kne hundred thousand pesos
B2-,,,,,,(,,C or, in 7etro 7anila, where
such demand or claim e/ceeds $wo hundred
thousand pesos B3,,,,,,(,,C6
B=C )n all matters of probate, both testate and
intestate, where the gross value of the estate
e/ceeds Kne hundred thousand pesos
B2-,,,,,,(,,C or, in probate matters in
7etro 7anila, where such gross value
e/ceeds $wo hundred thousand pesos
B3,,,,,,(,,C6
B>C )n all actions involving the contract of
marriage and marital relations6
B?C )n all cases not within the e/clusive
jurisdiction of any court, tribunal, person or
body e/ercising jurisdiction or any court,
tribunal, person or body e/ercising judicial
or %uasi-judicial functions6
B9C )n all civil actions and special
proceedings falling within the e/clusive
original jurisdiction of a &uvenile and
5omestic Relations *ourt and of the *ourts
of .grarian Relations as now provided by
law6 and
BGC )n all other cases in which the demand,
e/clusive of interest, damages of whatever
kind, attorneyFs fees, litigation e/penses, and
costs or the value of the property in
controversy e/ceeds Kne hundred thousand
pesos B-,,,,,,(,,C or, in such other above-
mentioned items e/ceeds $wo hundred
thousand pesos B3,,,,,,(,,C( 1&s amended
y R/ &/ No/ EB=?2
ec( 3,( Jurisdiction in crimina* cases/ D Regional
$rial *ourts shall e/ercise e/clusive original
jurisdiction in all criminal cases not within the
e/clusive jurisdiction of any court, tribunal or body,
e/cept those now falling under the e/clusive and
concurrent jurisdiction of the andiganbayan which
shall hereafter be e/clusively taken cogniIance of
by the latter(
ec( 3-( Origina* !urisdiction in other cases/ D
Regional $rial *ourts shall e/ercise original
jurisdictionA
B-C )n the issuance of writs of certiorari,
prohibition, mandamus, %uo warranto,
habeas corpus and injunction which may be
enforced in any part of their respective
regions6 and
B3C )n actions affecting ambassadors and
other public ministers and consuls(
ec( 33( &ppe**ate !urisdiction/ D Regional $rial
*ourts shall e/ercise appellate jurisdiction over all
cases decided by 7etropolitan $rial *ourts,
7unicipal $rial *ourts, and 7unicipal *ircuit $rial
*ourts in their respective territorial jurisdictions(
uch cases shall be decided on the basis of the
entire record of the proceedings had in the court of
origin and such memoranda andPor briefs as may be
submitted by the parties or re%uired by the Regional
$rial *ourts( $he decision of the Regional $rial
*ourts in such cases shall be appealable by petition
for review to the
*ourt of .ppeals 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(
ec( 3+( Specia* !urisdiction to try specia* cases/ D
$he upreme *ourt may designate certain branches
of the Regional $rial *ourts to handle e/clusively
criminal cases, juvenile and domestic relations
cases, agrarian cases, urban land reform cases which
do not fall under the jurisdiction of %uasi-judicial
bodies and agencies, andPor such other special cases
as the upreme *ourt may determine in the interest
of a speedy and efficient administration of justice(
ec( 3=( Specia* Ru*es of $rocedure/ D Whenever a
Regional $rial *ourt takes cogniIance of juvenile
and domestic relation cases andPor agrarian cases,
the special rules of procedure applicable under
present laws to such cases shall continue to be
applied, unless subse%uently amended by law or by
rules of court promulgated by the upreme *ourt(
*8.2$4R )))
74$RK2KL)$.# $R).L *K@R$,
7@#)*)2.L $R).L *K@R$, .#5
7@#)*)2.L *)R*@)$ $R).L *K@R$
ec( 3>( 'sta*ishment of "etropo*itan ,ria*
Courts5 "unicipa* ,ria* Courts and "unicipa*
Circuit ,ria* Courts/ D $here shall be created a
7etropolitan $rial *ourt in each metropolitan area
established by law, a 7unicipal $rial *ourt in each
of the other cities or municipalities, and a 7unicipal
*ircuit $rial *ourt in each circuit comprising such
cities andPor municipalities as are grouped together
pursuant to law(
ec( 3?( Qua*ifications/ D #o person shall be
appointed judge of a 7etropolitan $rial *ourt,
7unicipal $rial *ourt, or 7unicipal *ircuit $rial
*ourt unless he is a natural-born citiIen of the
2hilippines, at least +, years of age, and, for at least
five years, has been engaged in the practice of law
in the 2hilippines, or has held a public office in the
2hilippines re%uiring admission to the practice of
law as an indispensable re%uisite(
ec( 39( "etropo*itan ,ria* Courts of the Nationa*
Capita* Region/ D $here shall be a 7etropolitan
$rial *ourt in the #ational *apital Region, to be
known as the 7etropolitan $rial *ourt of 7etro
7anila, which shall be composed of eighty-two BG3C
branches( $here shall beA
$hirty branches B!ranches ) to TTTC for the
city of 7anila with seats thereat6
$hirteen branches B!ranches TTT) to
TL)))C for :ueIon *ity with seats thereat6
'ive branches B!ranches TL)" to TL")))C
for 2asay *ity with seats thereat6
'ive branches B!ranches TL)T to L)))C for
*aloocan *ity with seats thereat6
Kne branch B!ranch L)"C for #avotas with
seat thereat6
$wo branches B!ranches L" and L")C for
7alabon with seats thereat6
$wo branches B!ranches L")) and L")))C
for an &uan with seats thereat6
$wo branches B!ranches L)T and LTC for
7andaluyong with seats thereat6
even branches B!ranches LT) and LT"))C
for 7akati with seats thereat6
'ive branches B!ranches LT"))) to LTT))C
for 2asig with seats thereat6
Kne branch B!ranch LTT)))C for 2ateros
with seat thereat6
Kne branch B!ranch LTT)"C for $aguig
with seat thereat6
$wo branches B!ranches LTT" and
LTT")C for 7arikina with seats thereat6
$wo branches B!ranches LTT")) and
LTT")))C for 2araJa%ue with seats thereat6
Kne branch B!ranch LTT)TC for Las 2iJas
with seat thereat6
Kne branch B!ranch LTTTC for 7untinlupa
with seat thereat6
$wo branches B!ranches LTTT) and
LTTT))C for "alenIuela with seats thereat6
ec( 3G( Other "etropo*itan ,ria* Courts/ D $he
upreme *ourt shall constitute 7etropolitan $rial
*ourts in such other metropolitan areas as may be
established by law whose territorial jurisdiction
shall be co-e/tensive with the cities and
municipalities comprising the metropolitan area(
4very 7etropolitan $rial &udge shall be appointed
to a metropolitan area which shall be his permanent
station and his appointment shall state branch of the
court and the seat thereof to which he shall be
originally assigned( . 7etropolitan $rial &udge may
be assigned by the upreme *ourt to any branch
within said metropolitan area as the interest of
justice may re%uire, and such assignment shall not
be deemed an assignment to another station within
the meaning of this section(
ec( 31( "unicipa* ,ria* Courts in cities/ D )n
every city which does not form part of a
metropolitan area, there shall be a 7unicipal $rial
*ourt with one branch, e/cept as hereunder
providedA
$wo branches for Laoag *ity6
'our branches for !aguio *ity6
$hree branches for 5agupan *ity6
'ive branches for Klongapo *ity6
$hree branches for *abanatuan *ity6
$wo branches for an &ose *ity6
$hree branches for .ngeles *ity6
$wo branches for *avite *ity6
$wo branches for !atangas *ity6
$wo branches for Lucena *ity6
$hree branches for #aga *ity6
$wo branches for )riga *ity6
$hree branches for Legaspi *ity6
$wo branches for Ro/as *ity6
'our branches for )loilo *ity6
even branches for !acolod *ity6
$wo branches for 5umaguete *ity6
$wo branches for $acloban *ity6
4ight branches for *ebu *ity6
$hree branches for 7andaue *ity6
$wo branches for $agbilaran *ity6
$wo branches for urigao *ity6
$wo branches for !utuan *ity6
'ive branches for *agayan de Kro *ity6
even branches for 5avao *ity6
$hree branches for ;eneral antos *ity6
$wo branches for Kro%uieta *ity6
$hree branches for KIamis *ity6
$wo branches for 5ipolog *ity6
'our branches for Samboanga *ity6
$wo branches for 2agadian *ity6 and
$wo branches for )ligan *ity(
ec( +,( "unicipa* ,ria* Courts/ D )n each of the
municipalities that are not comprised within a
metropolitan area and a municipal circuit there shall
be a 7unicipal $rial *ourt which shall have one
branch, e/cept as hereunder providedA
$wo branches for an 'ernando, La @nion6
'our branches for $uguegarao6
$hree branches for Lallo, and two branches
for .parri, both of *agayan6
$wo branches for antiago, )sabela6
$wo branches each for 7alolos,
7eycauayan and !ulacan, all of !ulacan
2rovince6
'our branches for an 'ernando and two
branches for ;uagua, both of 2ampanga6
$wo branches for $arlac, $arlac6
$wo branches for an 2edro, Laguna6 and
$wo branches each for .ntipolo and
!inangonan, both in RiIal(
ec( +-( "unicipa* Circuit ,ria* Court/ D $here
shall be a 7unicipal *ircuit $rial *ourt in each area
defined as a municipal circuit, comprising one or
more cities andPor one or more municipalities( $he
municipalities comprising municipal circuits as
organiIed under .dministrative Krder #o( ++,
issued on &une -+, -19G by the upreme *ourt
pursuant to 2residential 5ecree #o( >+9, are hereby
constituted as municipal circuits for purposes of the
establishment of the 7unicipal *ircuit $rial *ourts,
and the appointment thereto of 7unicipal *ircuit
$rial &udgesA $rovided5 ho%ever, $hat the upreme
*ourt may, as the interests of justice may re%uire,
further reorganiIe the said courts taking into
account workload, geographical location, and such
other factors as will contribute to a rational
allocation thereof, pursuant to the provisions of
2residential 5ecree #o( >+9 which shall be
applicable insofar as they are not inconsistent with
this .ct(
4very 7unicipal *ircuit $rial &udge shall be
appointed to a municipal circuit which shall be his
official station(
$he upreme *ourt shall determine the city or
municipality where the 7unicipal *ircuit $rial
*ourt shall hold sessions(
ec( +3( Jurisdiction of "etropo*itan ,ria* Courts5
"unicipa* ,ria* Courts and "unicipa* Circuit ,ria*
Courts in crimina* cases/ D 4/cept in cases falling
within the e/clusive original jurisdiction of
Regional $rial *ourts and of the andiganbayan,
the 7etropolitan $rial *ourts, 7unicipal $rial
*ourts, and 7unicipal *ircuit $rial *ourts shall
e/erciseA
B-C 4/clusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction6 and
B3C 4/clusive original jurisdiction over all
offenses punishable with imprisonment not
e/ceeding si/ B?C 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
thereofA $rovided5 ho%ever5 $hat in offenses
involving damage to property through
criminal negligence they shall have
e/clusive original jurisdiction thereof( 1&s
amended y R/ &5 No/ EB=?2
ec( ++( Jurisdiction of "etropo*itan ,ria* Courts5
"unicipa* ,ria* Courts and "unicipa* Circuit ,ria*
Courts in civi* cases/ D 7etropolitan $rial *ourts,
7unicipal $rial *ourts, and 7unicipal *ircuit $rial
*ourts shall e/erciseA
B-C 4/clusive 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 e/ceed Kne hundred
thousand pesos B2-,,,,,,(,,C or, in 7etro
7anila where such personal property, estate,
or amount of the demand does not e/ceed
$wo hundred thousand pesos B23,,,,,,(,,C
e/clusive of interest damages of whatever
kind, attorneyFs fees, litigation e/penses, and
costs, the amount of which must be
specifically allegedA 2rovided, $hat where
there 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 different
transactions6
B3C 4/clusive original jurisdiction over cases
of forcible entry and unlawful
detainerA $rovided5 $hat when, in such
cases, the defendant raises the %uestion of
ownership in his pleadings and the %uestion
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(
B+C 4/clusive original jurisdiction in all civil
actions which involve title to, or possession
of, real property, or any interest therein
where the assessed value of the property or
interest therein does not e/ceed $wenty
thousand pesos B23,,,,,(,,C or, in civil
actions in 7etro 7anila, where such
assessed value does not e/ceed 'ifty
thousand pesos B2>,,,,,(,,C e/clusive of
interest, damages of whatever kind,
attorneyFs fees, litigation e/penses and
costsA $rovided5 $hat value of such property
shall be determined by the assessed value of
the adjacent lots( 1&s amended y R/ &/ No/
EB=?2
ec( +=( De*egated !urisdiction in cadastra* and
*and registration cases/ D 7etropolitan $rial
*ourts, 7unicipal $rial *ourts, and 7unicipal
*ircuit $rial *ourts may be assigned by the
upreme *ourt to hear and determine cadastral or
land registration cases covering lots where there is
no controversy or opposition, or contested lots the
where the value of which does not e/ceed Kne
hundred thousand pesos B2-,,,,,,(,,C, 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 ta/
declaration of the real property( $heir decisions in
these cases shall be appealable in the same manner
as decisions of the Regional $rial *ourts( 1&s
amended y R/ &/ No/ EB=?2
ec( +>( Specia* !urisdiction in certain cases/ D )n
the absence of all the Regional $rial &udges in a
province or city, any 7etropolitan $rial &udge,
7unicipal $rial &udge, 7unicipal *ircuit $rial
&udge may hear and decide petitions for a writ
of haeas corpus or applications for bail in criminal
cases in the province or city where the absent
Regional $rial &udges sit(
ec( +?( Summary procedures in specia* cases/ D
)n 7etropolitan $rial *ourts and 7unicipal $rial
*ourts with at least two branches, the upreme
*ourt may designate one or more branches thereof
to try e/clusively forcible entry and unlawful
detainer cases, those involving violations of traffic
laws, rules and regulations, violations of the rental
law, and such other cases re%uiring summary
disposition as the upreme *ourt may determine(
$he upreme *ourt shall adopt special rules or
procedures applicable to such cases in order to
achieve an e/peditious and ine/pensive
determination thereof without regard to technical
rules( uch simplified procedures may provide that
affidavits and counter-affidavits may be admitted in
lieu of oral testimony and that the periods for filing
pleadings shall be non-e/tendible(
ection +9( $re*iminary investigation/ D &udges of
7etropolitan $rial *ourts, e/cept those in the
#ational *apital Region, of 7unicipal $rial *ourts,
and 7unicipal *ircuit $rial *ourts shall have
authority to conduct preliminary investigation of
crimes alleged to have been committed within their
respective territorial jurisdictions which are
cogniIable by the Regional $rial *ourts(
$he preliminary investigation shall be conducted in
accordance with the procedure prescribed in ection
-, paragraphs BaC, BbC, BcC, and BdC, of 2residential
5ecree #o( 1--A $rovided5 ho%ever5 $hat if after
the preliminary investigation the &udge finds
a prima facie case, he shall forward the records of
the case to the 2rovincialP*ity 'iscal for the filing
of the corresponding information with the proper
court(
#o warrant of arrest shall be issued by the &udge in
connection with any criminal complaint filed with
him for preliminary investigation, unless after an
e/amination in writing and under oath or
affirmation of the complainant and his witnesses, he
finds that a probable cause e/ists(
.ny warrant of arrest issued in accordance herewith
may be served anywhere in the 2hilippines(
ec( +G( Judgments and processes/ D
B-C .ll judgments determining the merits of
cases shall be in writing, stating clearly the
facts and the law on which they were based,
signed by the &udge and filed with the *lerk
of *ourt( uch judgment shall be appealable
to the Regional $rial *ourts in accordance
with the procedure now prescribed by law
for appeals to the *ourt of 'irst )nstance, by
the provisions of this .ct, and by such rules
as the upreme *ourt may hereafter
prescribe(
B3C .ll processes issued by the 7etropolitan
$rial *ourts, 7unicipal $rial *ourts and
7unicipal *ircuit $rial *ourts, in cases
falling within their jurisdiction, may be
served anywhere in the 2hilippines without
the necessity of certification by the &udge of
the Regional $rial *ourt(
*8.2$4R )"
;4#4R.L 2RK"))K#
ec( +1( &ppea*s/ D $he period for appeal from
final orders, resolutions, awards, judgments, or
decisions of any court in all cases shall be fifteen
B->C days counted from the notice of the final order,
resolution, award, judgment, or decision appealed
fromA $rovided ho%ever, $hat in haeas
corpus cases, the period for appeal shall be forty-
eight B=GC hours from the notice of the judgment
appealed from(
#o record on appeal shall be re%uired to take an
appeal( )n lieu thereof, the entire record shall be
transmitted with all the pages prominently
numbered consecutively, together with an inde/ of
the contents thereof(
$his section shall not apply in appeals in special
proceedings and in other cases wherein multiple
appeals are allowed under applicable provisions of
the Rules of *ourt(
ec( =,( .orm of decision in appea*ed cases/ D
4very decision of final resolution of a court in
appealed cases shall clearly and distinctly state the
findings of fact and the conclusions of law on which
it is based, which may be contained in the decision
or final resolution itself, or adopted by reference
from those set forth in the decision, order, or
resolution appealed from(
ec( =-( Sa*aries/ D )ntermediate .ppellate
&ustices, Regional $rial &udges, 7etropolitan $rial
&udges, 7unicipal $rial &udges, and 7unicipal
*ircuit $rial &udges shall receive such
compensation and allowances as may be authoriIed
by the 2resident along the guidelines set forth in
Letter of )mplementation #o( 1+ pursuant to
2residential 5ecree #o( 1G>, as amended by
2residential 5ecree #o( ->19(
ec( =3( )ongevity pay/ D . monthly longevity pay
e%uivalent to >U of the monthly basic pay shall be
paid to the &ustices and &udges of the courts herein
created for each five years of continuous, efficient,
and meritorious service rendered in the
judiciaryA $rovided5 $hat in no case shall the total
salary of each &ustice or &udge concerned, after this
longevity pay is added, e/ceed the salary of the
&ustice or &udge ne/t in rank(
ec( =+( Staffing pattern/ D $he upreme *ourt
shall submit to the 2resident, within thirty B+,C days
from the date of the effectivity of this .ct, a staffing
pattern for all courts constituted pursuant to this .ct
which shall be the basis of the implementing order
to be issued by the 2resident in accordance with the
immediately succeeding section(
ec( ==( ,ransitory provisions/ D $he provisions of
this .ct shall be immediately carried out in
accordance with an 4/ecutive Krder to be issued by
the 2resident( $he *ourt of .ppeals, the *ourts of
'irst )nstance, the *ircuit *riminal *ourts, the
&uvenile and 5omestic Relations *ourts, the *ourts
of .grarian Relations, the *ity *ourts, the
7unicipal *ourts, and the 7unicipal *ircuit *ourts
shall continue to function as presently constituted
and organiIed, until the completion of the
reorganiIation provided in this .ct as declared by
the 2resident( @pon such declaration, the said courts
shall be deemed automatically abolished and the
incumbents thereof shall cease to hold office( $he
cases pending in the old *ourts shall be transferred
to the appropriate *ourts constituted pursuant to this
.ct, together with the pertinent functions, records,
e%uipment, property and the necessary personnel(
$he applicable appropriations shall likewise be
transferred to the appropriate courts constituted
pursuant to this .ct, to be augmented as may be
necessary from the funds for organiIational changes
as provided in !atas 2ambansa !lg( G,( aid
funding shall thereafter be included in the annual
;eneral .ppropriations .ct(
ec( =>( ShariFa Courts/ D hariFa *ourts to be
constituted as provided for in 2residential 5ecree
#o( -,G+, otherwise known as the 4Code of "us*im
$ersona* )a%s of the $hi*ippines54 shall be included
in the funding appropriations so provided in this
.ct(
ec( =?( +ratuity of !udges and personne* separated
from office/ D .ll members of the judiciary and
subordinate employees who shall be separated from
office by reason of the reorganiIation authoriIed
herein, shall be granted a gratuity at a rate
e%uivalent to one monthFs salary for every year of
continuous service rendered in any branch of the
government or e%uivalent nearest fraction thereof
favorable to them on the basis of the highest salary
receivedA $rovided5 $hat such member of the
judiciary or employee shall have the option to retire
under the &udiciary Retirement Law or general
retirement law, if he has met or satisfied the
re%uirements therefor(
ec( =9( Repea*ing c*ause/ D $he provisions of
Republic .ct #o( 31?, otherwise known as the
&udiciary .ct of -1=G, as amended, of Republic .ct
#o( >-91 as amended, of the Rules of *ourt, and of
all other statutes, letters of instructions and general
order or parts thereof, inconsistent with the
provisions of this .ct are hereby repealed or
accordingly modified(
ec( =G( Date of 'ffectivity/ D $his .ct shall take
effect immediately(
&pprovedG .ugust -=, -1G-
R. 9?1-- e/panding jurisdiction of 7$*(
REPUBLIC ACT NO. 7691
!rc" #$% 199&
AN ACT E'PAN(IN) T*E JURI+(ICTION
O, T*E ETROPOLITAN TRIAL COURT+%
UNICIPAL TRIAL COURT+% AN(
UNICIPAL CIRCUIT TRIAL COURT+%
AEN(IN) ,OR T*E PURPO+E BATA+
PABAN+A% BL). 1#9% OT*ER-I+E
.NO-N A+ T*E /JU(ICIAR0
REOR)ANI1ATION ACT O, 1923/
7e it enacted y the Senate and House of
Representatives of the $hi*ippines in Congress
assem*edG
+ection 1. ec( -1 of !atas 2ambansa !lg(
-31, otherwise known as the <&udiciary
ReorganiIation .ct of -1G,<, is hereby amended to
read as followsA
<ec( -1( &urisdiction in civil cases( V Regional $rial
*ourts shall e/ercise e/clusive original jurisdiction(
<B-C )n all civil actions in which the subject of the
litigation is incapable of pecuniary estimation6
<B3C )n all civil actions which involve the title to, or
possession of, real property, or any interest therein,
where the assessed value of the property involved
e/ceeds $wenty thousand pesos B23,,,,,,,,C or, for
civil actions in 7etro 7anila, where such value
e/ceeds 'ifty thousand pesos B2>,,,,,(,,C e/cept
actions for forcible entry into and unlawful detainer
of lands or buildings, original jurisdiction over
which is conferred upon the 7etropolitan $rial
*ourts, 7unicipal $rial *ourts, and 7unicipal
*ircuit $rial *ourts6
<B+C )n all actions in admiralty and maritime
jurisdiction where the demand or claim e/ceeds Kne
hundred thousand pesos B2-,,,,,,(,,C or, in 7etro
7anila, where such demand or claim e/ceeds $wo
hundred thousand pesos B23,,,,,,(,,C6
<B=C )n all matters of probate, both testate and
intestate, where the gross value of the estate e/ceeds
Kne hundred thousand pesos B2-,,,,,,(,,C or, in
probate matters in 7etro 7anila, where such gross
value e/ceeds $wo 8undred thousand pesos
B23,,,,,,(,,C6
<B>C )n all actions involving the contract of marriage
and marital relations6
<B?C )n all cases not within the e/clusive jurisdiction
of any court, tribunal, person or body e/ercising
jurisdiction of any court, tribunal, person or body
e/ercising judicial or %uasi-judicial functions6
<B9C )n all civil actions and special proceedings
falling within the e/clusive original jurisdiction of a
&uvenile and 5omestic Relations *ourt and of the
*ourt of .grarian Relations as now provided by
law6 and
<BGC )n all other cases in which the demand,
e/clusive of interest, damages of whatever kind,
attorneyFs fees, litigation e/penses, and costs or the
value of the property in controversy e/ceeds Kne
hundred thousand pesos B2-,,,,,,(,,C or, in such
other cases in 7etro 7anila, where the demand
e/clusive of the abovementioned items e/ceeds
$wo 8undred thousand pesos B23,,,,,,(,,C(<
+ec. #. ec( +3 of the same law is hereby amended
to read as followsA
<ec( +3( &urisdiction of 7etropolitan $rial *ourts,
7unicipal $rial *ourts and 7unicipal *ircuit $rial
*ourts in *riminal *ases( V 4/cept in cases falling
within the e/clusive original jurisdiction of
Regional $rial *ourts and of the andiganbayan,
the 7etropolitan $rial *ourts, 7unicipal $rial
*ourts, and 7unicipal *ircuit $rial *ourts shall
e/erciseA
<B-C 4/clusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction6 and
<B3C 4/clusive original jurisdiction over all offenses
punishable with imprisonment not e/ceeding si/ B?C
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 thereofA 2rovided,
however, $hat in offenses involving damage to
property through criminal negligence, they shall
have e/clusive original jurisdiction thereof(<
+enera* Jurisdiction and )imited Jurisdiction
Distinguished
7$* limited, R$* general jurisdiction(
Rea* &ctions
With R$* is now a thing of the past( Real
actions are actions affecting title to or
possession of real property or interest therein(
!efore R. 9?1-, the R$* has e/clusive original
jurisdiction over real action over real action
e/cept forcible entry and unlawful detainer
which falls under 7$*, the subject being mere
physical possession, or possession de facto(
&ssessed Va*ue
7$* limited, R$* general jurisdiction(