Practice Court 1

Assignment No. 1
Submitted by: Charmaine Fhaye C. Casquejo
Submitted to: Atty. Gloria Monica S. Lopez-Lao

1. Jurisdiction of Courts
EXCLUSIVE

SC CA Sandiganbayan RTC FAMILY Special MTC

COURT Commercia
l Court
Petition for Annulment of Violation of: Subject matter not Crim cases Intellectual Personal
issuance of writs of judgment of capable of where accused Property property
Certiorari, RTC (Rule 47) Anti-graft pecuniary is 9-18 y/o Rights valued at
Prohibition, estimation not more
Mandamus Certiorari, Ill-gotten wealth Title or possession Or when victim Securities than 300k
against: Prohibition, of real property or is a minor at the Regulation or in MM
CA Mandamus on AMLA interest, where the time of the Code 400k
act or omission assessed value commission of
COMELEC of quasi-judicial Crimes committed exceeds 20k or in the offense Demanding
agency unless by PO under RPC Metro Manila 50k, sum of
Commission on otherwise XP for unlawful Guardianship money not
Audit provided by law Other offenses detainer and exceeding
committed by PO forcible entry Custody of 300k or in
Sandiganbayan and ees in relation Admiralty and children MM 400k
to their office maritime (exclusive of
CTA jurisdiction where Habeas corpus interest,
Private individual demand or claim in relation to damages)
Ombudsman (in charged as co- exceeds 300k or in the custody
criminal and non- principal, MM 400k Title or
administrative accomplice, Probate, testate or Adoption of possession
disciplinary cases) accessories intestate, where children and of real
Those employed in gross value of revocation property
GOCC where one estate exceeds where the
or more of the 300k or in MM Annulment of assessed
accused are 400k marriage, value does
officials occupying Cases not within declaration of not exceed
the ff. positions in the exclusive nullity of 20k or in
government jurisdiction of any marriage, those MM 50k.
(permanent, acting courts relating to
or interim capacity) marital status Provisional
at the time of Personal property and property remedies in
commission of the valued more thank relations of H & principal
crime: 300k or in MM W, dissolution actions
400k of conjugal within their
Executive branch partnership of jurisdiction,
(SG 27 or higher) Other cases where gains and in such
demand, exclusive preliminary
Mem of Congress of interest, Involuntary attachment,
damages, atty. commitment of preliminary
Mem of Judiciary Fees litigation child, removal of injunction,
expenses and custody against appointment
Mem of ConCom costs, or value or placement of receiver
property in and delivery
All other national controversy Support of personal
and local officials exceeds 300k or in property
classified as SG 27 MM 400k. Judicial
and higher However, if the proceeding on Forcible
claim of damages Family Code entry and
Civil and criminal is the main cause unlawful
cases filed in of action, the Declaration of detainer
connection with amount shall be Status of
EO Nos. 1,2,14 considered in Children Probate
and 14A determining the Family home proceedings
jurisdiction of value does
court Minors under not exceed
Dangerous 300k or in
Writs of search Drugs Act MM 400k
and seizure in civil
actions for RA 7610 Inclusion
infringement or (100 days
Intellectual Anti-child prior to
Property Rights pornography election) and
Act exclusion
Violation of AMLA Juveniles if no (105 days
preliminary prior) of
From Securities investigation is voters
Regulation Code required
BEFORE (special
commercial
courts):

Devices or
schemes employed
by or any acts of
the BOD,
associates, its
officers or
partnership,
amounting to fraud
and
misrepresentation

Controversies
arising out of
intra-corporate or
partnership
relations

Controversies in
the selection or
appointment of
directors, trustees,
officers or
managers of such
corporation,
partnership or
association (CPA)
Petitions of CPA to
be declared in
state of suspension
of payments
 CONCURRENT
*observe hierarchy of courts

SC/CA SC/CA/RTC SC/CA/Sandiganba SC/Sandiganbay SC/RTC RTC/MTC

yan an
 Certiorari,  Certiorari,  Review on  Certiorari,  Actions  Application
Prohibitio Prohibition, Certiorari, Prohibitio affecting: for
n, Mandamus Prohibition, n, - Ambass protection
Mandamu against: Mandamus Mandamu adors order (if no
s against: - Lower relating to an s - Other Family Court)
- CSC courts act of  Habeas public under
- NLRC or omission of Corpus minister RA9262
rule 65 - bodies MTC or of  Injunction s Insurance
(St.  Habeas corporation,  Other  Consuls Commission:
Martin Corpus board, officer ancillary  Claims not
Case, (Custody of or person writs in exceeding
CA Minors – file  Amparo aid of its 100k if the
first) to Family  Habeas data appellate subject of the
 Habeas Court) jurisdictio action is not
corpus  Quo n– capable of
 Quo Warranto including pecuniary;
Warranto (for Quo otherwise,
barangay Warranto jurisdiction is
official, file arising in concurrent
to MTC) cases with MTC
 Action falling
brought to under EO
prevent and Nos.
restrain 1,2,14,14
violations of A
law
concerning
monopolies
and
combination
s in
restraint of
trade
 APPELLATE

SC CA Sandiganbayan RTC
ORDINARY APPEAL BY ORDINARY APPEAL BY From RTC: ALL MTC
NOTICE OF APPEAL NOTICE OF APPEAL OR  In the exercise of
From CA: RECORD ON APPEAL their original or
 Criminal cases From RTC appellate jurisdiction
involving offenses with  XP those appealable under PD 1606 in the
penalty of RP or LI to SC under rule 64 manner provided
 Lesser penalty is  On constitutional, under Rule 122
imposed for offenses tax, jurisdictional
committed on the same questions involving
occasion or which arose questions of fact
out of the same (which should be
occurrence that gave appealed first to CA)
rise to more severe  Where the penalty
offense for which the imposed is RP or LI or
penalty of DEATH is where a lesser
imposed. penalty is imposed
PETITION FOR REVIEW ON but for offenses
CERTIORARI (RULE 65) committed on the
 Appeals from: same occasion or
- CA which arose out of
- Sandiganbayan the same occurrence
pure question of law that gave rise to the
XP: penalty is RP/LI more serious offense
or DEATH for which the penalty
- RTC in the exercise of RP or LI is
of its original imposed.
jurisdiction. No From Family Court
question of fact is From MTC
involved, and it  Direct appeal from
involves: Land Registration and
 a. Constitutionalit Cadastral cases
y of treaty, based on their
international or delegated jurisdiction
executive PETITIONER FOR REVIEW
agreement, law, From CSC
PD, proc, order, From RTC
instruction,  In cases appealed
ordinance or from MTC which are
regulation not a matter of right
b. Legality of tax, From Quasi-judicial agencies
impost,
assessments or
toll or penalty
c. Jurisdiction of
lower courts
- CTA en banc
- All cases involving
pure questions of
law
SPECIAL CIVIL ACTION OF
CERTIORARI (RULE 64)
File within 30 days
 COMELEC
 COAudit

MTC
DELEGATED SPECIAL
Cadastral and Land registration cases assigned by SC where Habeas Corpus in the absence of all RTC Judges
no controversy or opposition and in contested lots valued at
not more than 100k

Modes of Appeal

Section 2, Rule 41 of the Rules of Court provides the three modes of appeal, which are as follows:
a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in

the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which

rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party.

No record on appeal shall be required except in special proceedings and other cases of multiple or

separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be

filed and served in like manner.

b) Petition for review. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court

in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the appeal shall

be to the Supreme Court by petition for review on certiorari in accordance with Rule 45”

2. Rules governing Quasi-Judicial Agencies:

Rule 42 of the Rules of Court shall apply to appeals from judgments or final orders of the Court of Tax

Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial

agency in the exercise of its quasi-judicial functions. Among these agencies are the following:
 Civil Service Commission
 Central Board of Assessment Appeals
 Securities and Exchange Commission
 Office of the President
  Land Registration Authority
 Social Security Commission
 Civil Aeronautics Board
 Bureau of Patents
 Trademarks and Technology Transfer
 National Electrification Administration
 Energy Regulatory Board, National Telecommunications Commission
 Department of Agrarian Reform under Republic Act No. 6657
 Government Service Insurance System
 Employees Compensation Commission
 Agricultural Invention Board
 Insurance Commission
 Philippine Atomic Energy Commission
 Board of Investments
 Construction Industry Arbitration Commission
 Voluntary arbitrators authorized by law.
An appeal under this Rules may be taken to the Court of Appeals within 15 days, whether the appeal

involves questions of fact, of law or mixed questions of fact and law. The appeal shall be taken by filing

a verified petition for review with the Court of Appeals. The appeal shall not stay the award, judgment,

final order or resolution sought to be reviewed, unless the Court of Appeals shall direct otherwise.

3. Grounds:
 Annulment of judgment of RTC in civil cases:
a. Extrinsic Fraud
b. Lack of Jurisdiction
 Dismissal of Appeal by CA:
a. Failure of the record on appeal to show on its face that the appeal was taken within the period

fixed by these Rules;

 b. Failure to file the notice of appeal or the record on appeal within the period prescribed by

these Rules;
c. Failure of the appellant to pay the docket and other lawful fees as provided in section 5, Rule

40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February 1998)
d. Unauthorized alterations, omissions or additions in the approved record on appeal as provided

in section 4 of Rule 44;

e. Failure of the appellant to serve and file the required number of copies of his brief or

memorandum within the time provided by these Rules;

f. Absence of specific assignment of errors in the appellant's brief, or of page references to the

record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
g. Failure of the appellant to take the necessary steps for the correction or completion of the

record within the time limited by the court in its order;

h. Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply

with orders, circulars, or directives of the court without justifiable cause; and
i. The fact that the order or judgment appealed from is not appealable. (1a)
 Dismissal of appeal by SC:
a. Failure to take appeal within the reglementary period;
b. Lack of merit
c. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs;
d. Failure to comply with the requirements regarding proof of service and contents of and the

documents which should accompany the petition;

e. Failure to comply with any circular, directive or order of the SC without justifiable cause;
f. Error in choice or mode of appeal;
g. Case is not appealable to SC;
4. Pleadings allowed to be filed in Civil Cases:
a. Complaint
b. Answer
c. Counterclaim
d. Cross-claim
e. Third (fourth) party complaint
f. Complaint in intervention
g. Reply
h. Permissive counterclaim
i. Verified statement of claim
j. Verified response
k. Counterclaim in the response
l. Petition for relief from judgment
m. Petition for certiorari, mandamus or prohibition

5. Definition:
a. Pleadings - written statements of the respective claims and defenses of the parties submitted to

the court for appropriate judgment. Prays for a relief which is directly related to the cause of

action or defense.
b. Plagiarism - the theft of another person’s language, thoughts, or ideas. To plagiarize, as it is

commonly understood according to Webster, is "to take (ideas, writings, etc.) from (another) and

pass them off as one’s own."

c. Complaint - the pleading alleging the plaintiff's cause or causes of action. The names and

residences of the plaintiff and defendant must be stated in the complaint.

d. Cause of action - is the act or omission by which a party violates a right of another
e. Affidavit - formal written statement setting out the facts of your case. The affidavit becomes

evidence in your case. . It is the main way you present evidence (facts of the case) to a court.It

must be sworn, or affirmed, usually before a Justice of the Peace, Commissioner of Oaths or

solicitor, as a true record. Affidavits may also be sworn by other people in support of your case

e.g. witnesses. The court has a precedent form to use

f. Contract – a meeting of minds between two persons whereby one binds himself, with respect to

the other, to give something or to render some service.

g. Intervention – is when a person who has a legal interest in the matter in litigation, or in the

success of either of the parties, or an interest against both, or is so situated as to be adversely

affected by a distribution or other disposition of property in the custody of the court or of an

officer thereof may, with leave of court, be allowed to intervene in the action. The court shall

consider whether or not the intervention will unduly delay or prejudice the adjudication of the

rights of the original parties, and whether or not the intervenor's rights may be fully protected in

a separate proceeding.
h. Jurisdiction – refers to the power and authority of the court to hear, determine controversies,

and decide a case.

i. Motion – is an application for relief other than by a pleading. It prays for another reieft other

than the main cause of action or the main defense.