DOCTRINES IN REMEDIAL LAW

Principle of Judicial Hierarchy

- a higher court will not entertain direct resort to it unless the redress desired
cannot be obtained in the appropriate court.

Doctrine of Non-Interference or Doctrine of Judicial Stability

- The courts of equal and coordinate jurisdiction cannot interfere with each
others order.
- The courts are bar from reviewing interfering with the judgment of co-equal
court over which it has no appellate jurisdiction or power of review.
GR. No court has the authority to interfere by injunction with the judgment of
another court of coordinate jurisdiction or to pass or scrutinize and much less
declare as unjust a judgment of another court.
XPN. Does not apply to a third party claimant is involved

Doctrine of Primary Jurisdiction

- Courts will not resolve controversies involving a question which is within the
jurisdiction of an administrative tribunal, especially where the question
demands the exercise of administrative discretion requiring the special
knowledge and experience of said tribunal in determining technical and
intricate matter of fact.

Doctrine of Ancillary Jurisdiction

- It involves the inherent or implied powers of the court to determine issues
incidental to the exercise of its primary jurisdiction.

Doctrine of Adherence of Jurisdiction

- Jurisdiction once attached, cannot be ousted by subsequent happenings or
events although of a character which would have prevented jurisdiction from
attaching in the first instance, and the court retains jurisdiction until it finally
disposes the case.
XPN: subsequent statute expressly prohibits

Doctrine of Exhaustion of Administrative Remedies

- Before a party may be allowed to invoke the jurisdiction of the courts, he is
expected to have exhausted all means of administrative redress.
- It is not jurisdictional but the case will be dismissed on the ground of lack of
cause of action and renders action premature.
XPNS: question raised is purely legal, administrative bodies is in estoppels,
patently illegal, irreparable damage will be suffered, no other plain, speedy
and adequate remedy, strong public interest is involved, in quo warranto
proceedings.

Jurisdiction is the power and authority of the court to try, hear and decide a case and
to carry its judgment into effects.

Effect of lack of jurisdiction over the subject matter court shall dismiss the case
Jurisdiction over the subject matter may be raised at any stage of the proceedings,
even for the first time on appeal
XPNS: a. Estoppel by Laches After an adverse decision was rendered by the
court against the party raising the issue of jurisdiction and after seeking affirmative
relief from the court and after participating in all stages of the proceeding.
b. Public policy
c. A party who invokes the jurisdiction of the court to secure affirmative
relief against his opponents cannot repudiate or question the same after falling to
obtain such relief.

Effect of estoppels by failure to object lack of jurisdiction

- The active participation of a party in a case is tantamount to recognition and
will bar a party from impugning the courts jurisdiction.

METROPOLITAN TRIAL COURT/MUNICIPAL TRIAL COURTS

CIVIL CASES
Exclusive/Original (AP/AC/AT/PP/MC/IE/S/S)
1. Actions involving personal property where the value of property of the property does
not exceed 300T, in MM 400T
2. Actions for claims of money exclusive of IDALEC where the demand for claim does not
exceed 300T, in MM 400T
3. Actions involving title to, or possession to property or interest where the assessed value
does not exceed 20T, in MM 50T exclusive of IDALEC
4. Probate Proceeding, testate or intestate, where the gross value of the estate does not
exceed 300T, in MM 400T
5. Maritime claim where the claim or demand does not exceed 300T, in MM 400T
6. Inclusion or exclusion of voters
7. Those covered by Small Claims
a. Civil claims which are exclusively for payment or reimbursement of money not
exceeding 200T exclusive of interest or cost. The claim or demands may be;
a.1 For money owed under
a.1.1 Contract of Lease
a.1.2 Contract of Loan
a.1.3. Contract of Service
a.1.4. Contract of Sale
a.1.5. Contract of Mortgage
a.2. Liquidated Damages arising from contract
a.3. Enforcement of barangay amicable settlement or an arbitration award involving
money
8. Those covered by Summary Procedure
a. All cases of forcible entry and unlawful detainer irrespective of the amount of
damages or unpaid rental sought to be recovered. Where attorneys fees are
awarded, the same shall not exceed Php 20,000
b. All other civil cases except probate proceedings, where the total amount of
plaintiffs claim does not exceed 100T, in MM 200T
Delegated
1. Cadastral or land registration cases covering lots where:
a. There is no controversy or opposition;
b. Contested but the value does not exceed 100T

Special
Petition for habeas corpus in the absence of all RTC judges in the province or city

Concurrent with RTC

 Cases involving enforcement or violations of environmental and other related laws,
rules and regulations.
CRIMINAL CASES
Exclusive/Original
1. All offenses punishable with imprisonment not exceeding 6 years irrespective of the
amount of fine and regardless of other imposable accessory or other penalties.
2. In offenses involving damage to property through criminal negligence where the
imposable fine does not exceed P10,000
3. Where the only penalty provided by law is a fine not exceeding P4,000
4. Those covered by the Rules on Summary Procedure
a. Violations of traffic laws, rules and regulations
b. Violations of the rental law
c. Violations of municipal or city ordinance
d. Violations of BP 22
e. All other criminal cases where the penalty is imprisonment not exceeding 6 months
and/or a fine of P 1000 irrespective of other penalties or civil liabilities arising
therefrom.
5. All offenses committed by public officers and employees in relation to their office,
including GOCC and by private individuals charged as co-principals, accomplices or
accessories, punishable with imprisonment not more than 6 years or where none of the
accused holds a position classified as Grade 27 and higher.
Special
Application for bail in the absence of all RTC judges in the province or city.

REGIONAL TRIAL COURTS

CIVIL CASES
Exclusive/Original
1. Actions in which the subject of litigation is incapable of pecuniary estimation
2. Other cases where the demand exclusive of IDALEC where the demand for claim
exceed 300T, in MM 400T
3. Actions involving title to, or possession to property or interest where the assessed value
exceed 20T, in MM 50T exclusive of IDALEC
4. Probate Proceeding, testate or intestate, where the gross value of the estate exceed
300T, in MM 400T
5. Maritime claim where the claim or demand exceed 300T, in MM 400T
6. Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial function.
7. Intra-corporate controversies

CRIMINAL CASES
Exclusive/Original
1. Criminal cases not within exclusive jurisdiction of any court, tribunal or body
a. Includes criminal cases where the penalty provided by law exceeds 6 years
imprisonment irrespective of the fine
b. Includes criminal cases not falling within the exclusive jurisdiction of the
Sandiganbayan where the imposable penalty is imprisonment of more than 6 years
and none of the accused is occupying positions classified as Grade 27 and higher
and the damage does not exceed 1 million.
2. Cases where the only penalty provided by law is a fine exceeding P4,000
3. Other laws which specifically lodge jurisdiction in the RTC:
3.1. Law on written defamation/libel
3.2. Decree on Intellectual Property
3.3. Violations of Dangerous Drugs Act regardless of the imposable
3.4. Money Laundering
3.5. Illegal Possession of Firearm
4. Cases falling under family courts where there are no Family Courts
 5. Election Offenses

SANDIGANBAYAN
ORIGINAL JURISDICTION
1. Violation of RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act
2. RA 1379
3. Chapter II section 2, Title VII, Book II of the RPC, where one or more of the principal
accused are occupying the following positions in the government, whether in a
permanent, acting or interim capacity at the time of the commission of the offense.
a. Officials of the executive branch occupying the positions of RD and higher,
otherwise classified as Grade 27 and up
b. Members of Congress and officials thereof classified as Grade 27
c. Members of the Judiciary
d. Chairmen and Members of the Constitutional Commissions
e. All other national and local officials classified as Grade27 and higher
= There must be an allegation of the intimate relationships or connection between the offense
charged and the discharge of official functions, otherwise, the SB has no jurisdiction.
= Private individuals are charged as co-principals, accomplices or accessories with public
officers, including those in GOCC shall be tried jointly in the proper courts which shall exercise
exclusive jurisdiction over them.
= Civil actions for the recovery of civil liability arising from the offense charged if a criminal
case is filed shall at all times be simultaneously instituted with and jointly determined in the
same proceeding by the Sandiganbayan or the appropriate courts. It cannot be reserved.
Motion for Reconsideration within 15 days from notice of final order
Appealed to the Sandiganbayan 15 days from promulgation

BARANGAY CONCILIATION

1. Lupon of each barangay have the authority to bring together the parties actually
residing in the same municipality or city for amicable settlement of all disputes except:
a. When one party is the government or any subdivision or instrumentality thereof;
b. One party is a public officer or employee, and the disputes relates to the
performance
c. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding 5T
d. Offenses where no private offended party
e. Where the disputes involves properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon
f. Disputes involving parties who actually reside in barangasy of different cities or
municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their difference to amicable settlement by an appropriate
lupon
g. Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the secretary of justice.
h. Any complaint by or against corporations, partnerships, or juridical entities. Only
individuals shall be parties to barangay conciliation proceedings either as
complainants or respondents;
i. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the ff:
a. A criminal case where the accused is under police custody or detention
b. A petition for habeas corpus by a person illegally detained or deprived of his
liberty or one acting in his behalf
c. Actions coupled with provisional remedies, such as preliminary injuction,
attachment, replevin and support pedente lite.
d. Action may be barred by the statute of limitations.