Professional Documents
Culture Documents
1.
II. ORIGINAL
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Issuance of writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction which may be enforced in any part of their
respective regions (concurrent with SC and CA).
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In actions affecting ambassadors and other public ministers and
consuls (concurrent with SC).
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Over offenses committed NOT in relation with public office with
imprisonment exceeding 6 years committed by public officers classified as
salary grade 27 or higher
All criminal cases not within the exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan.
*
Over election contests for municipal offices.
Pre-week reviewer in remedial law,
III. APPELLATE
N.B. RTC has jurisdiction over criminal cases where the penalty
imposable:
One or more of the victims is a minor at the time of the commission of the
offense.
Provided, That if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have
incurred. The sentence, however, shall be suspended without need of
application pursuant to the "Child and Youth Welfare Code";
Petitions for guardianship, custody of children, habeas corpus in relation to
the latter;
Abandoned
Dependent OR
Neglected children
Voluntary or involuntary commitment of children;
Children
Decisions and orders of the court shall be appealed in the same manner and
subject to the same conditions as appeals from the ordinary Regional Trial
Courts.
*
All offenses punishable with not more than 4 years 2 mos 1 day
imprisonment, irrespective of fine.
*
*
Offenses involving damage to property through criminal
negligence.
3. ELECTION CASES
Summary Procedure
Cases Applicable
A. CIVIL CASES
Memoranda
*
Petition for certiorari, mandamus, and prohibition against any
interlocutory order issued by the court
*All other criminal cases where the penalty does not exceed 6 months or a
fine of P1000 or both, irrespective of other imposable penalties or of the
amount of civil liability
Reply
Third-party complaints
*Damage to property through criminal negligence where the fine does not
exceed P10,000.
JURISDICTION
(HLURB)
OF THE
HOUSING
AND
*
Claims involving refund and any other claims filed by subdivision
lot or condominium unit buyer against the project owner, developer, dealer,
broker, or salesman
*
Cases involving specific performance of contractual and statutory
obligations filed by buyers of subdivision lots or condominium units against
the owner, developer, dealer, broker, or salesman
THE
LOCAL
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The parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
HOWEVER, the court in which non-criminal cases not falling within the
authority of the Lupon may, at any time before trial, refer the case to the
lupon for amicable settlement.
*
Criminal cases where accused is under police custody or
detention;
*
Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of his liberty or one acting
in his behalf;
*
Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action; AND
*
workplace
VENUE OF PROCEEDINGS:
5. EFFECT OF NON-COMPLIANCE:
Dismissal upon motion of defendants for failure to state cause of
action or prematurity; OR
Suspension of proceedings upon petition and referral of case motu
proprio to appropriate barangay authority.
6. PROCEDURE FOR AMICABLE SETTLEMENT:
*
Complainant pays appropriate filing fees, and shall complain, orally
or in writing, to the lupon chairman of the barangay;
Venue
Situation
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Lupon chairman shall make attempts at mediation; if he fails within
15 days from date of first meeting, he shall set a date for the constitution of a
pangkat ng tagapagsundo (3 members; chosen by the parties from the list of
That barangay
the members of the lupon)
Barangay where respondent, or any of the
respondents, actually resides, at the option
*
Pangkat shall have power to issue summons, and shall hear both
of the complainant
parties and their witnesses, and attempt to arrive at an amicable settlement.
Barangay where property is situated Within 15 days from the day it convenes, it shall arrive at said settlement or
resolution of the dispute.
or
certification (because now mandatory for him to constitute the Pangkat before
whom mediation, conciliation, or arbitration proceedings shall be held.)
Philippine army and air force colonels, naval captains, and all officers of
higher rank;
ORIGINAL
Violations of:
Anti-Graft and Corrupt Practices Act;
*
higher
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Members of the Judiciary, without prejudice to the provisions of the
Constitution (on impeachment)
*
Officials of executive branch occupying positions classified as Grade
27 or higher, specifically including:
*
*
Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution
*
or
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Private individuals charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed
in GOCCs, shall be tried jointly with said public officers and employees in the
proper courts which shall exercise exclusive jurisdiction over them.
*
Any provisions of law or Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil action for the
recovery of civil liability arising from the offense charged shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding
by the Sandiganbayan or the appropriate court, and no right to reserve the
filing of such civil action separately from the criminal action shall be
recognized.
*
B. EXCLUSIVE APPELLATE
If none of the principal accused are occupying positions of grade 27 or higher,
original jurisdiction will be with either the MTC or RTC; SB will exercise
exclusive appellate jurisdiction on said cases.
The procedure prescribed in BP Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate,
relative to appeals/petitions for review to the Court of Appeals shall apply to
appeals and petitions for review filed with the Sandiganbayan.
C. NOTES:
*
Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges; seizure, detention or release of
property affected; fines, forfeitures, or other matters arising penalties imposed
in relation thereto; and other matters arising under the Customs Law; and
*
Decisions of provincial or city Boards of Assessment Appeals in cases
involving the assessment and taxation of real property or other matters
arising under the Assessment Law.
Jao v. CA (reiterated in Bureau of Customs v. Ogario, March 2000)
RTCs are devoid of any competence to pass upon the validity or regularity of
seizure and forfeiture proceedings conducted by the Bureau of Customs and
to enjoin or otherwise interfere with these proceedings. The Collector of
Customs sitting in seizure and forfeiture proceedings has exclusive
jurisdiction to hear and determine all questions touching on the seizure and
forfeiture of dutiable goods. The Regional Trial Courts are precluded from
assuming cognizance over such matters even through petitions of certiorari,
prohibition or mandamus. The proper remedy is to appeal to the
Commissioner of Customs and thereafter to the Court of Tax Appeals.