Civil Procedure

JURISDICTION
 Power or authority given by the law to a court or tribunal to hear and determine certain
controversies
> Power of courts to hear and determine a controversy involving rights which are
demandable

JURISDICTION AND VENUE

(a) Jurisdiction is the authority to hear and determine a case;
venue is the place where the case is to be heard or tried;

(b) Jurisdiction is a matter of substantive law;

venue, of procedural law;

(c) Jurisdiction establishes a relation between the court and the subject matter; venue, a relation
between plaintiff and defendant, or petitioner and respondent; and,

(d) Jurisdiction is fixed by law and cannot be conferred by the parties;

venue may be conferred by the act or agreement of the parties.

ARTICLE VIII, SEC. 5, 1987 CONSTITUTION

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(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:

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate 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 underprivileged. Such rules shall provide a simplified and inexpensive
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
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

BP 129, SEC. 9 as amended

Section 9. Jurisdiction. – The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto,and auxiliary writs or processes, whether or not in aid of its
appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial
Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions
of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph od Section 17 of the Judiciary Act of 1948.

The court of Appeals 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 Appeals must be
continuous and must be completed within three (3) months, unless extended by the Chief Justice. (as
amended by R.A. No. 7902.)
BP 129, SEC. 19, 21, 22 and 23, as amended

Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original
jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

(2) In 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 exceeds Twenty thousand pesos
(P20,000.00) or for civil actions in Metro Manila, where such the value exceeds Fifty thousand
pesos (50,000.00) except actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds
One hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim
exceeds Two hundred thousand pesos (200,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the estate
exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila,
where such gross value exceeds Two hundred thousand pesos (200,000.00);

(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial
functions;

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of
a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now
provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or the value of the property in controversy
exceeds One hundred thousand pesos (100,000.00) or, in such other abovementioned items
exceeds Two hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)
Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exercise original
jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus
and injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction over all
cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire
record of the proceedings had in the court of origin and such memoranda and/or briefs as may be
submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial
Courts 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.

Section 23. Special jurisdiction to try special cases. – The Supreme Court may designate certain
branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of
quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may
determine in the interest of a speedy and efficient administration of justice.

RA 7691, SEC. 5
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned
in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall
be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00):
Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall
be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).
BP 129, SEC. 33 up to 35, as amended

Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts shall exercise:

(1) Exclusive 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 exceed One hundred thousand
pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of
the demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest
damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of
which must be specifically alleged: Provided, That 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;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided,
That when, in such cases, the defendant raises the question of ownership in his pleadings and
the question 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.

(3) Exclusive 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 exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila,
where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be determined by the assessed value of the
adjacent lots. (as amended by R.A. No. 7691)

Section 34. Delegated jurisdiction in cadastral and land registration cases. – Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme
Court 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 exceed One
hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant
or by agreement of the respective claimants if there are more than one, or from the corresponding
tax declaration of the real property. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

Section 35. Special jurisdiction in certain cases. – In the absence of all the Regional Trial Judges in
a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge
may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in
the province or city where the absent Regional Trial Judges sit.
1991 REVISED RULES ON SUMMARY PROCEDURE
Pursuant to section 36 of the Judiciary Reorganization Act of 1980 (B.P. Blg. 129) and to achieve an
expeditious and inexpensive determination of the cases referred to herein, the Court resolved to
promulgate the following Revised Rules on Summary Procedure:

I. APPLICABILITY
SECTION 1. Scope- This rule shall govern the summary procedure in the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Circuit Trial Courts, and Municipal Trial Courts in the
following cases falling within their jurisdiction:

A. Civil Cases
(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages and
unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not
exceed 20,000.00

(2) All other cases, except probate proceedings, where the total amount of plaintiff’s claim does not
exceed 100,000.00 or 200,000.00 in Metro Manila, exclusive of interests and costs. ( As amended by
A.M. 02-11-09-SC, effective November 25, 2002)