JURISDICTION

Owe their existence from the Constitution

A. JUDICIAL POWER

Statutory courts
Created by statute, although their creation may
be mandated by the Constitution (e.g.
Sandiganbayan)

(Constitution) Article VIII, Section 1. The judicial power

shall be vested in one Supreme Court and in such lower
courts as may be established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
Note
General rule:
A court is without power to directly decide matters over
which full discretionary authority has been delegated to
the legislative or executive branch of the government.
Exception:
May look into the question of whether such exercise has
been made in grave abuse of discretion

Proper exercise of the authority requires legislative

action:
(1) defining such enforceable & demandable rights
&/or prescribing remedies for violations thereof;
(2) determining the court with jurisdiction to hear
and decide said controversies or disputes, in the
first instance of on appeal

Classes of courts
(1) Courts of general jurisdiction
Competent to decide their own jurisdictions & to
take cognizance of all causes, civil & criminal, of
a particular nature
Courts of special jurisdiction
Incompetent to decide their own jurisdiction &
take cognizance only of a few specified matters
(2) Courts of original jurisdiction
Those wherein a cause arises
Courts of appellate jurisdiction
Those wherein it is reviewed
(3) Courts of law
Administer justice according to the laws of the
land
Courts of equity
Administer justice according to the rules &
principles of equity or conscience
(4) Courts of record
Courts not of record
(5) Civil courts
Determining controversies
parties

between

private

Criminal courts
Adjudicating offenses alleged to have been
committed against the state
(6) Superior courts
Exercising
both
jurisdiction

original

&

supervisory

Inferior courts
Having very limited jurisdiction, their decisions
being subject to review by higher tribunals
(7) Constitutional courts

Courts & judges, distinguished

Courts entity possessing a personality separate &
distinct from the men who compose or sit on it
Note
As courts are creatures of statutes & their existence
depends upon that of laws which create & confer upon
them their jurisdiction, such laws, not being of political
nature, are not abrogated by a change of sovereignty &
continue in force ex proprio vigore unless & until
repealed by legislative acts.
Courts-martial are not inferior courts under the
Constitution
(Constitution) Article VIII, Section 5. The Supreme Court
shall have the following powers:
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
Courts-martial agencies of executive character, and
one of the authorities for the ordering of courts-martial
has been held to be attached to the constitutional
functions of the President as Commander-in-Chief,
independently of legislation
General rule:
They are not a portion of the judiciary, including
military commissions or tribunals, hence the above
provision does not apply to them
Exceptions:
1. They are a court under the following provision
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned
or controlled corporation, or its subsidiary, during his
term of office. He shall not intervene in any matter before
any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his
office.
2. A conviction by a military tribunal of the offense of
illegal possession of unlicensed firearm used in parricide
bars a subsequent prosecution in a civil court of parricide
on the ground of double jeopardy
Extent of jurisdiction of civil courts over courtsmartial & military commissions or tribunals
General rule:
Not open to review by the civil tribunals
Exception:
Purpose of ascertaining
1. whether the military court had jurisdiction of the
person & subject matter
2. whether it had exceeded its powers in the
sentence pronounced

B. QUASI-COURTS OF JUSTICE
1. Constitutional Commissions (3)
a. Civil Service Commission
- appealable to Court of Appeals (CA) (Sec. 9 of RA
7902 (1995))
- central personnel agency of the government
encompasses
all
branches,
subdivisions,
instrumentalities and agencies of the government,
including government owned and controlled corporations
with original charters
- composition
Chairman
2 commissioners
o natural born citizens of the Philippines
o at the time of their appointment, at least 35
years of age
o proven capacity for public administration
o not candidates for any elective position in
the elections immediately preceding their
appointment
- positions in the Civil Service (1) Primarily confidential
(2) Highly technical
(3) Policy determining
Civil Service Commissions disciplinary jurisdiction does
not extend to court personnel. The Supreme Court has
administrative supervision over all courts and its
personnel.
b. Commission on Elections
Composition
: Chairman & 6 Commissioners
1. natural born citizens
2. At the time of their appointment, at least 35
years of age
3. Holders of college degree
4. Must not have been candidates for any elective
position in the immediately preceding elections
5. Majority, including the Chairman, shall be
members of the Philippine Bar who have been
engaged in the practice of law for at least ten
(10) years
Note
Decisions, final orders, or rulings of the COMELEC on
election contests involving elective municipal and
barangay offices shall be final, executory and not
appealable.
c. Commission on Audit
- Supreme Court on certiorari
Composition
- Chairman and two Commissioners
- Natural - born citizens of the Philippines
- at least 35 years of age
- CPAs with not less than 10 years of auditing
experience OR members of the Philippine Bar who have
been engaged

2. Quasi-Judicial Agencies (19)

a.
Civil Service Commission
b.
Central Board of Assessment Appeals
(now appealable to CTA)
c.
Securities & Exchange Commission
d.
Office of the President
e.
Land Registration Authority
f.
Social Security System
g.
Civil Aeronautics Board
h.
Intellectual Property Office
i.
National Electrification Administration
j.
Energy Regulatory Commission
k.
National Telecommunications Commission
l.
Department of Agrarian Reform

m.
n.
o.
p.
q.
r.
s.

Government Service Insurance System

Employees Compensation Commission
Insurance Commission
Philippine Nuclear Research Institute
Board of Investments
Construction
Industry
Arbitration
Commission
Voluntary Arbitrators authorized by Law

a. Central Board of Assessment Appeals

Composition
1. Chairman & 2 members
2. appointed by the president
3. Serve for a term of 7 years, without reappointment
4. At least 40 years old at the time of appointment
5. Filipino citizens
6. Members of the Bar or CPAs for at least 10 years
immediately preceding their appointment
Any owner or person having legal interest in the property
who is not satisfied with the action of the provincial, city
or municipal assessor in the assessment of his property
may, within 60 days from the date of receipt of the
written notice of assessment, appeal to the Board of
Assessment Appeals of the province or city.
Decision of Local Board may within 30 days after receipt
of the decision of the Board, appeal to the CBAA
The decision of CBAA shall be final and executory.
Decision of the CBAA shall be made by filing a Petition
for review with the CTA within 30 days from receipt of
the decision or ruling of the CBAA.
c. Securities and Exchange Commission
Composition
- Chairperson & 4 Commissioners
- appointed by the President
- term of 7 years each
Note
The SECs jurisdiction over all cases enumerated under
Section 5 of PD 902A has been transferred to the Courts
of general jurisdiction or the RTCs.

d. Office of the President

Composition
1. Office of the President Proper
a. Private office
b. Executive office
c. Common Staff Support System
d. Presidential Special Assistants/Advisers System
2. agencies under it
Special powers
1. power to deport aliens subject to the
requirements of due process
2. power to change the status of nonimmigrants by
allowing them to acquire permanent residence
status without necessity of visa
e. Land Registration Authority
- more efficient execution of the laws relative to the
registration of lands, geared to the massive and
accelerated land reform and social justice program of the
government
- executive supervision of the DOJ
Composition
- Administrator & 2 Deputy Administrators
- appointed by the President upon the recommendation
of the Secretary of Justice

f. Social Security System

Composition
- Secretary of Labor & Employment or his duly
designated Undersecretary
- SSS President
- 7 appointive members
- 3 of whom shall represent the workers group
- at least one woman
- 3 from the employers group
- 1 from the general public whose representative shall
have adequate knowledge & experience regarding social
security
- 6 from workers & employers shall be chosen from
among the nominees of workers & employers orgs
g. Civil Aeronautics Board
Composition
1. Secretary of Transportation & Communication or
representative (Chairman)
2. Assistant Secretary for Air Transportation of DOTC
(Vice-Chairman)
3. Commanding General of the Philippine Air Force
4. 2 members to be appointed by the President of the
Philippines
h. Intellectual Property Office
Composition
Director General
2 Deputies Director General
6 Bureaus
1. Bureau of Patents
2. Bureau of Trademarks
3. Bureau of Legal Affairs
4. Documentation, Information & Technology Transfer
Bureau
5. Management Information System & EDP Bureau
6. Administrative, Financial & Personnel Services
Bureau
Qualifications
1. Natural born citizens
2. At least 35 years of age on the day of their
appointment
3. Holders of a college degree
4. Proven competence, integrity, probity and
independence
5. Director General & at least 1 Deputy Director General
members of the bar who have engaged in the practice
of law for at least 10 years
i. National Electrification Administration
: authorized, empowered and directed to promote,
encourage and assist public service entities, particularly
cooperatives, to the end of making service available
throughout the nation on an area coverage basis as
rapidly as possible
: supervise and control electric cooperatives
: NEA is under the supervision of the Department of
Energy
j. Energy Regulatory Commission

Chapter 2
ORGANIZATION OF COURTS
A. SUPREME COURT
Composition
Chief Justice
14 Associate Justices
May sit either en banc or in its discretion, in divisions of
three, five or seven members
Qualifications
1. Natural born citizen of the Philippines
someone who was a citizen at birth with no need
to go through a naturalization proceeding at
some later time
2. At least 40 years of age
3. 15 years or more been a judge of a lower court
or engaged in the practice of law in the
Philippines
4. Person of proven competence, integrity, probity
and independence
Appointment
Appointed by the PRESIDENT
AT LEAST 3 nominees
Prepared by the JUDICIAL & BAR COUNCIL
The appointments need no confirmation
Any vacancy shall be filled within 90 days from
the occurrence thereof

Cases which must be heard en banc (IMPORTANT)

1. All cases involving the constitutionality,
application, or operation of a treaty, international
or executive agreement or law, executive order,
presidential
decree,
proclamation,
order,
instruction, ordinance in question
2. All cases which under the Rules of Court are
required to be heard en banc
3. Cases heard by a division when the required
majority in the division is not obtained
4. Cases where the Supreme Court modifies or
reverses a doctrine or principle of law previously
laid down en banc or in division
5. Administrative cases involving the discipline or
dismissal of judges of lower courts
6. All contests relating to the elections, returns and
qualifications of the President or Vice President
7. Criminal cases in which the appealed decision
imposes the death penalty or reclusion perpetua
8. Cases raising novel questions of law
9. cases affecting ambassadors, other public
ministers and consuls
10. cases involving decisions, resolutions or orders
of the Civil Service Commission, COMELEC and
COA
11. Cases where the penalty recommended or
imposed is the dismissal of a judge, the
disbarment of a lawyer, the suspension of any of
them for a period of more than one (1) year or a
fine exceeding P40,000 or both
12. Cases covered by paragraph (6) and involving
the reinstatement in the judiciary of a dismissed
judge, the reinstatement of a lawyer in the roll of
attorneys or the lifting of a judges suspension or
a lawyers suspension from the practice of law
13. Cases involving the discipline of a member of
the court, or a presiding justice, or any associate
justice of the collegial appellate courts
14. Cases involving conflicting decision of 2 or more
divisions
15. Cases where 3 votes in a division cannot be
obtained
16. Division cases where the subject matter has a
huge financial impact on businesses or affects
the welfare of a community
17. Other division cases that, in the opinion of at
least 3 members thereof, who are voting and
present, are appropriate for transfer to the Court
en banc
18. Cases that the Court deems of sufficient
importance to merit its attention
19. All matters involving policy decision in
administrative supervision of all courts and their
personnel
IMPORTANT!!!
The Supreme Court en banc is not an appellate tribunal
to which appeals from a division of the Court may be
taken. A decision of the Supreme Courts division is as
authoritative and final as a decision of the Court en banc.
However, under the Constitution, only the Court en banc
may modify or reverse a doctrine or principle of law laid
down by the Court in a decision rendered en banc or in
division.
Votes required to decide a case heard en banc
General Rule:
Concurrence of a majority of the members who actually
took part in the deliberations on the issues in the case
and voted thereon
Exception:
To impose the death penalty or to affirm the sentence of
death of the trial court, majority of 8 votes of the
Supreme Court sitting en banc is required. Otherwise,
the penalty of reclusion perpetua shall be imposed.

Note
The death penalty shall NOT be imposed when the guilty
person is below 18 years of age at the time of the
commission of the crime or is more than 70 years of age,
in which cases, the applicable penalty is reclusion
perpetua.
Votes needed to decide a case in division
Concurrence of a majority of the members who actually
took part in the deliberations on the issues in the case
and voted thereon, and in no case, without the
concurrence of at least 3 of such members.

B. COURT OF APPEALS
Composition
1. Presiding Justice
2. 68 Associate Justices, appointed
President
3. Sit in 23 divisions of 3 justices each

d. RTCs and Lower Courts

2. Petitions for the issuance of a writ of
kalikasan
by

the

Qualifications
Same qualifications as those provided in the Constitution
for Justices of the Supreme Court
Appointment, Vacancy in Office of the Presiding
Justice, compensation and tenure of office
Same as the Supreme Court
Removal from office
Supreme Court en banc shall have the power to
discipline the members of the Court of Appeals, or order
their dismissal by a vote of a majority of the members
who actually took part in the deliberations on the issues
in the case and voted thereon
Place of holding sessions
st
th
A. First 17 divisions (cases coming from 1 to 5 Judicial
Regions) - Manila
th
th
B. 18 20 (cases coming from 6 to 8 judicial regions)
Cebu City
th
th
C. 21- 23 (cases coming from 9 to 12 judicial regions)
Cagayan de Oro City
Note
Whenever demanded by public interest or whenever
justified by an increase in case load, the SC, upon its
own initiative or upon recommendation of the Presiding
Justice of the CA, may authorize any division of the court
to hold sessions periodically, or for such periods and at
such places as the Supreme Court may determine.
Quorum
Majority of the actual members of the Court shall
constitute a quorum for its session en banc.
3 members shall constitute a quorum for the sessions of
a division. The unanimous vote of the 3 members of a
division shall be necessary for the pronouncement of a
decision or final resolution.
In the event that the 3 do not reach a unanimous vote,
the Presiding Justice shall request the Raffle Committee
of the Court for the designation (through raffle) of 2
additional Justices to sit temporarily with them, forming a
special division of 5 member and the concurrence of a
majority of such division shall be necessary for the
pronouncement of a decision or final resolution.
JURISDICTION OF THE COURT OF APPEALS
(Section 9 of BP 129, as amended by RA 7902)
I. ORIGINAL JURISDICTION
A. Original jurisdiction
(concurrent with the SC and RTCs against lower
courts or bodies & NLRC)
To issue writs of mandamus, prohibition,
certiorari, habeas corpus and quo warranto &
auxiliary writs of processes, whether or not in aid
of its appellate jurisdiction
B. Original & Concurrent with the Supreme
Court
1. Petitions for the issuance of writs of
certiorari, prohibition & mandamus against
the following
a. NLRC (but filed first with CA)
b. CSC
c. Quasi-judicial agencies (filed first
with CA)

C. Original & Concurrent with the Supreme

Court, Sandiganbayan & the RTC
1. Petition for a writ of amparo
2. Petition for a writ of habeas data
D. Original & Concurrent with the Supreme
Court & the RTC
1. Petitions for habeas corpus & quo warranto
2. Petitions for the issuance of writs of
certiorari, prohibition and mandamus against
lower courts & bodies
3. Petitions for the issuance of writ of
continuing mandamus in environmental
cases
E. Exclusive original jurisdiction
Actions for annulment of judgments of the
Regional Trial Courts
Grounds
1. Extrinsic fraud
2. Lack of jurisdiction
II. APPELLATE JURISDICTION
F. Exclusive appellate jurisdiction
A. Ordinary Appeal by Notice of Appeal or
Record on Appeal
1. Appeals from the judgments, decisions
or final orders of the RTC in the exercise
of its original jurisdiction EXCEPT
In all cases where only
questions of law are raised or
involved, which are appealable
to the SC by petition for review
on certiorari in accordance with
Rule 45 of the Rules of Court
2. Appeals from the RTC on constitutional,
& jurisdictional questions which involve
questions of fact & should be appealed
first to the CA
3. Appeal from decisions & final orders of
the Family Courts
B. Appeal by Petition for review
1. Regular
: appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction
2. Special (a) Appeals from the Civil Service Commission
(b) Awards, final judgments, decisions,
resolutions, orders or awards of the RTCs and
quasi-judicial agencies, instrumentalities, boards
or commissions including
1. Securities & Exchange Commission
2. Office of the President
3. Land Registration Authority
4. Social Security System
5. Civil Aeronautics Board
6. Intellectual Property Office
7. National Electrification Administration
8. Energy Regulatory Commission
9. National Telecommunications Commission
10. Department of Agrarian Reform
11. Government Service Insurance System
12. Employees Compensation Commission
13. Insurance Commission
14. Philippine Atomic Energy Commission
15. Board of Investments
16. Construction
Industry
Arbitration
Commission

17. Voluntary Arbitrators authorized by law

18. Ombudsman, in administrative disciplinary
cases
19. National
Commission
on
Indigenous
Peoples
Note
From the judgments or final orders or resolutions of the
Court of Appeals, the aggrieved party may appeal by
certiorari to the Supreme Court as provided in the Rule
45 of the Rules of Court
Now
Under RA 9282 judgments & final orders of the CTA en
banc are now directly appealable to the Supreme Court
under Rule 45 of the Rules of Court

Power to receive evidence

CA shall have the power to try cases and conduct
hearings, receive evidence and perform all acts
necessary to resolve factual issues raised in cases
falling within its original & appellate jurisdiction, including
the power to grant and conduct new trials or further
proceedings.
Trials or hearings in the Court of Appeals must be
continuous and must be completed within 3 months,
unless extended by the Chief Justice

C. THE REGIONAL TRIAL COURTS

Creation and Organization
> 13 Judicial Regions
Qualifications
1. Natural-born citizen of the Philippines
2. At least 35 years of age
3. At least 10 years has been engaged in the
practice of law in the Philippines or has held a
public office in the Philippines requiring
admission to the practice of law as an
indispensable requisite.
4. Proven competence, integrity, probity and
independence
Appointment
Appointed by the President from a list of at least
3 nominees prepared by the Judicial & Bar
Council for every vacancy & such appointments
need no confirmation

directors, trustees, officers or managers of such

corporations, partnerships or associations
(d)
Petitions of corporations, partnerships or
associations to be declared in the state of suspension of
payments in cases where the corporation, partnership of
association possesses sufficient property to cover all its
debts but foresees the impossibility of meeting them
when they respectively fall due or in cases where the
corporation, partnership of association has no sufficient
assets to cover its liabilities, but is under the
management of a Rehabilitation Receiver or
Management Committee.
(4) Concurrent and original jurisdiction
(a)
with the Supreme Court in actions affecting
ambassadors, other public ministers and consuls
(b)
with the SC and CA in petitions for certiorari,
prohibition and mandamus against lower courts and
bodies in petitions for quo warranto, habeas corpus, and
writ of continuing mandamus on environmental cases
(c) with the SC, CA and Sandigabayan in petitions for
writs of habeas data and amparo

Jurisdiction of the Regional Trial Courts

(1)

Exclusive original jurisdiction

(a) matters incapable of pecuniary estimation, such as

rescission of contract
(b)
title to, possession of, or interest in, real property
with assessed value exceeding P20,000 (outside Metro
Manila), or exceeds P50,000 in Metro Manila, except:
Actions for forcible entry into & unlawful detainer
of lands or of buildings (MTCs)
(c)
probate proceedings where the gross value of the
estate exceeds P300,000 outside MM or exceeds
P400,000 in MM
(d)
admiralty or maritime cases where the demand or
claim exceeds P300,000 outside MM or exceeds
P400,000 in MM
(e) Action involving the contract of marriage and marital
relations
(f) cases not falling within the jurisdiction of any court,
tribunal, person or body exercising judicial or quasijudicial functions
(g) civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile & Domestic
Relations Court and the Special Agrarian Courts as now
provided by law
(h) other cases in which the demand, exclusive of
interest, damages of whatever kind, attorneys fees,
litigation expenses, and costs or the value of the
property in controversy, exceeds 300,000 or in such
other cases in Metro Manila, where the demand
exclusive of the abovementioned items exceeds 400,000
(i) other actions involving property valued at more than
P300,000 outside MM or more than P400,000 in MM
(2)
criminal cases not within the exclusive jurisdiction
of the Sandiganbayan
(3)
Original and exclusive jurisdiction to hear and
decide intra-corporate controversies:
(a) Cases involving devises or schemes employed by
or any acts, of the board of directors, business
associates, its officers or partnership, amounting to fraud
and misrepresentation which may be detrimental to the
interest of the public and/or of the stockholders, partners,
members of associations or organizations registered with
the SEC
(b)
Controversies arising out of intra-corporate or
partnership relations, between and among stockholders,
members or associates; between any or all of them and
the corporation, partnership or association of which they
are stockholders, members or associates, respectively;
and between such corporation , partnership or
association and the state insofar as it concerns their
individual franchise or right to exist as such entity
(c)
Controversies in the election or appointments of

(5)
Appellate jurisdiction over cases decided by lower
courts in their respective territorial jurisdictions
Test for determining whether or not the subject is
capable of pecuniary estimation
: Ascertain the nature of the principal action or remedy
sought is adopted
If primarily for the recovery of a sum of money
The claim is considered capable of pecuniary estimation
And whether jurisdiction is vested in the inferior courts or
in the RTC would depend on the amount of the claim
BUT where the basic issue is something other than the
right to recover a sum of money, where the money claim
is purely incidental to, or a consequence of, the principal
relief sought, the action is exclusively cognizable by the
RTCs.
Examples
1. Action for the annulment of a deed of declaration
of heirs and for partition of a parcel of land worth
5,000
(The partition is only incidental to the main
action)
2. Action for expropriation, regardless of the value
of the subject property
3. Specific performance
4. Support
5. Foreclosure of mortgage
6. Annulment of judgment
7. Actions questioning the validity of a mortgage
8. Annulment of judgment
9. Actions questioning the validity
10. Annulment a deed of sale or conveyance & to
recover the price paid
11. Rescission
12. Action for abatement of private nuisance, even if
the plaintiff prays for damages
In foreclosure of mortgage, the court of appropriate
jurisdiction depends upon both the value of
mortgaged property, real or personal, and the
amount of mortgage debt being recovered.
If one amount is within the jurisdiction of the regional
trial court and the other is within that of the inferior
court, the regional trial court has jurisdiction.
Note
Where the claim for damages is the main cause of
action, or one of the causes of action, the amount of
such claim shall be considered in determining the
jurisdiction of the court.

Jurisdiction in Criminal Cases

Exclusive & jurisdiction
1. Criminal cases not within the exclusive
jurisdiction of any court, tribunal or body
2. Those where the penalty provided by law
exceeds 6 years imprisonment irrespective of
the fine
3. Those not falling under the original jurisdiction of
the Sandiganbayan where none of the accused
are occupying positions corresponding to salary
grade 27 or higher or military and PNP officers
occupying the rank of superintendent or higher
or their equivalent
4. Those where the only penalty provided by law is
a fine exceeding 4,000
5. Involving violations of the Comprehensive
Dangerous Drugs Act of 2002
6. Those involving violence against women and
children as defined under Section 5 of the AntiViolence Against women and their children act of
2004
7. Those involving violations of the Comprehensive
Agrarian Reform Law (CARL)
8. Involving violations of the Omnibus Election
Code
9. Action for recognition and enforcement of an
arbitration agreement or for vacation, setting
aside, correction or modification of an arbitral
award, and any application with a court for
arbitration assistance & supervision
10. Actions for determination of just compensation to
land under the CARL
Concurrent jurisdiction
1. CA & SC - Issuance of writs of certiorari,
prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in
any part of their respective regions, writ of
continuing mandamus in environmental cases
2. Supreme Court Actions affecting ambassadors
and other public ministers & consuls
3. Insurance Commissioner claims not exceeding
100,000 (only if the subject of the action is not
capable of pecuniary estimation. If not
concurrent with the MeTC)
4. SC, CA & Sandiganbayan writ of amparo,
petition for a writ of habeas data
Appellate jurisdiction
1. Cases decided by the Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Circuit Trial
Courts in their respective territorial jurisdictions
Such decision of the RTC in such cases shall be
appealable by petition for review to the Court of Appeals
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

Special jurisdiction
1. Criminal cases, juvenile and domestic relations
cases, agrarian cases, urban land reform cases
which do not fall under the jurisdiction of quasijudicial bodies and agencies
2. Such other cases as the Supreme Court may
determine in the interest of a speedy and
efficient administration of justice

JURISDICTION OF THE METROPOLITAN TRIAL

COURTS,
MUNICIPAL
TRIAL
COURTS
AND
MUNICIPAL CIRCUIT TRIAL COURTS
Exclusive & original
Civil cases
1. Civil actions & probate proceedings, testate &
intestate, including the grant of provisional
remedies in proper cases, where the value of the
personal property, estate, or amount of the
demand does NOT exceed 300,000 or in MM
400,000, exclusive of (IDALEC) interest,
damages of whatever kind, attorneys fees,
litigation expenses & costs [amount must be
specifically alleged, this will be included in the
determination of filing fees].
2. Admiralty & maritime cases where the demand
or claim does not exceed 300,000 or in MM
400,000
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 transactions.
3. Cases of forcible entry & unlawful detainer
[issue of ownership shall be resolved only to
determine the issue of possession]
4. Civil actions which involve title to, or possession
of, real property, or any interest therein where
the assessed value

Chapter 3
JURISDICTION
Jurisdiction and its exercise
: authority to hear and determine a cause or right to act
in a case
Error of judgment v error of jurisdiction
Error of judgment
1. one which the court may commit in the exercise
of its jurisdiction
2. reviewable on appeal
Error of jurisdiction
1. renders an order or judgment void or voidable
2. are reviewable on certiorari
Classes of jurisdiction
1. A. General extends to all controversies which may
be brought before a court within the legal bounds of
rights and remedies
B. Limited/special particular causes or can be
exercised only under the limitations and circumstances
prescribed by the statute

Elements of jurisdiction
In criminal cases, venue is jurisdictional.
A. CIVIL CASES
1. jurisdiction over the subject matter
2. jurisdiction over the parties
3. jurisdiction over the res* (if jurisdiction over the
defendant cannot be acquired)
*required where the defendant does not reside and is not
found
in
the
Philippines
applies
when
(a) the action affects the personal status of the plaintiff
residing in the Philippines. (example court can declare
the marriage void or can decree legal separation, but it
cannot declare a judgment in personam, like one for
support or damages, unless the defendant voluntarily
appears)
Note
Rule 14, Section 15. Extraterritorial service. When the
defendant does not reside and is not found in the
Philippines, and the action affects the personal status of
the plaintiff or relates to, or the subject of which is,
property within the Philippines, 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
excluding the defendant from any interest therein, or the
property of the defendant has been attached within the
Philippines, service may, by leave of court, be effected
out of the Philippines 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. Any order
granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) days after notice,
within which the defendant must answer. (17a)
-

The foregoing provision is NOT for the purpose

of acquiring jurisdiction over the person of the
defendant but for complying with the
requirements of procedural due process

(b) when the action relates to, or the subject of which

involves property within the Philippines, in which the
defendant has or claims a lien or interest, actual or
contingent
Note
In this case, the judgment will be limited to the res, there
can be no deficiency judgment
(c) when the relief demanded in the action consists,
wholly or in part, in excluding the defendant from any
interest in property located in the Philippines, or when
the non-resident defendants property has been attached
within the Philippines.
B. CRIMINAL CASES
1. Subject matter of the offense
2. Territory wherein one of the essential ingredients of
the offense took place
3. Parties
Note
In private crimes, jurisdiction is acquired by means of the
complaint filed by the private offended party (as a
condition precedent).
In civil cases, venue may be subject of stipulation and
improper venue may be waived.

The Supreme Court, however may, in the interest of

justice, change the venue of trial in criminal cases.

General Rule:
In transitory or continuing offenses, like estafa, the
courts of the different places where the essential
ingredients of the offense took place, exercise
CONCURRENT JURISDICTION
Exceptions:
1. cases falling under the jurisdiction of the
Sandiganbayan
2. Libel
a. court of the place where the libelous
material is printed and first published
b. where any of the offended parties actually
resides
c. in the case of a public officer, where he
holds office at the time of the commission of
the offense

Jurisdiction over the accused is acquired by:

1. Arrest; or
2. Voluntary submission
Note
If the accused is a fugitive from justice, the court cannot
proceed with a trial in absentia unless the accused has
previously been arraigned.

Private crimes
(1) Adultery & concubinage complaint must be
signed by the offended spouse only
(2) Seduction, abduction and acts of lasciviousness
complaint must be signed by the offended
party, or her parents, grandparents, or guardian
If the offended party is a minor, she may file the
complaint but her parents may file it even
against her will.
If of age and not incapacitated, only she can file
the complaint.
The State may also file the complaint in the
exercise of its parens patriae in case the
offended party dies or becomes incapacitated
before she could file the complaint & in the
absence of the offended partys parents,
grandparents or guardian.
Note
Rape is no longer a private crime, it is now classified as
a crime against persons.