CONSTITUTIONAL PROVISIONS Relating to CIVIL The Supreme Court shall have the following powers:

PROCEDURE
- Exercise original jurisdiction over cases
A8 S1 affecting:
o Ambassadors
Judicial Power shall be vested in one Supreme Court o Other public ministers and
and in such lower courts as may be established by law. consuls
- Over petitions for
Judicial Power includes the duty of the courts of o Certiorari
justice to settle actual controversies involving rights o Prohibition
which are legally demandable and enforceable, and to o Mandamus
determine whether or not there is grave abuse of o Quo warranto
discretion amounting to lack or excess of jurisdiction o Habeas corpus
on the part of any branch or instrumentality of the
government.

A7 S4

What are those other Courts as may be established The Supreme Court en banc shall be the sole judge of
by Law? all contests relating to the election, returns, and
qualification of the President or Vice President, and
Sandiganbayan may promulgate its rules for the purpose.
Family Courts (RA 8369)
Court of Tax Appeals
Sharia Court
A7 S18

The Supreme Court may review, in an appropriate

A3 S1
No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be
denied the equal protection of the laws.
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon
within 30 days from its filing.

A3 S9(Basis of Rule 67) A8 S5 P2(Basis of Rule 56)

Private property shall not be taken for public use - Review

without payment of just compensation - Revise
- Reverse
- Modify
- Affirm
A6 S30 o On appeal or certiorari, as
the law or the Rules of Court
No law shall be passed increasing the appellate may provide, final judgments
jurisdiction of the SC as provided in this Constitution and orders of lower courts
without its advice and concurrence. in:

1. All cases in which constitutionality or

validity of any
A8 S5 P1 a. treaty,
 b. international or executive Rules of procedure of special court and quasi judicial
agreement bodies shall remain effective unless disapproved by
c. law the SC
d. presidential decree
e. proclamation
f. order
g. instruction A8 S2
h. ordinance
i. regulation The Congress shall have the power to define,
i. is in question prescribe, and apportion the jurisdiction of the various
courts but may not deprive the SC of its jurisdiction
2. all cases involving the legality of any over cases enumerated in S5 thereof.
a. tax
b. impost No law shall be passed reorganizing the Judiciary
c. assessment when it undermines security of tenure of its members.
d. toll
e. any penalty imposed in
relation thereto
A3 S16
3. all cases in which the jurisdiction of any
lower court is in issue All persons shall have the right to speedy disposition
of cases before before all judicial, quasi judicial,
4. all criminal cases in which the penalty administrative bodies.
imposed is reclusion perpetua or higher

5. all cases in which only an error or

question of law is involved A8 S14(basis for Rule 36)

No decision shall be rendered by any court without

expressing therein clearly and distinctly the facts and
A8 S5 P5 (basis of Rules of Court) the law on which it is based.

The SC shall have the power to promulgate rules No petition for review or motion for reconsideration
concerning: of a decision of the court shall be refused due course
or denied without starting the legal basis therefor.
1. Protection and enforcement of
constitutional rights
2. Pleading, practice, procedure in all courts
3. Admission to practice of law A9A S7 (basis of Rule 64)
4. Integrated Bar
5. Legal assistance to the underprivileged Each Commission shall decide by majority of all its
Members in any case or matter brought before it
Such rules shall (Limits to SC-rule making power): within 60 days from date of its submission for decision
or resolution. A case or matter is deemed submitted
1. Provide simplified and inexpensive for decision or resolution upon the filing of the last
procedure for speedy disposition of cases pleading, brief, or memorandum required by the rules
2. Shall be uniform for all courts of the same of the Commission or by the Commission itself.
grade Unless otherwise provided by this Constitution or by
3. Shall not diminish, increase, modify law, any decision, order, or ruling of each Commission
substantive rights. may be brought to the SC on certiorari by the
aggrieved party within 30 days from receipt of a copy
thereof.
 Venue Jurisdiction superior court of the final judgment or
order of some lower courts
Place where action is Power of court to hear
instituted and decide a case Concurrent / Confluent / Coordinate
Jurisdiction
May be waived Jurisdiction over subject Power conferred upon different courts,
matter and over nature whether of the same or different ranks,
of action are conferred to take cognizance at the same stage of
by law and cannot be the same case in the same or different
waived judicial territories

Procedural Substantive E.g. CA, SC, Sandiganbayan, RTC- in HC

cases, Writ of Amparo, Writ of Habeas
May be changed by Cannot be subject of the Data
written agreement of agreement of the parties
the parties Original Jurisdiction
Power of the court to take judicial
cognizance of a case instituted for judicial
Not a ground for motu A ground for motu
action for the first time under conditions
proprio dismissal, except proprio dismissal
provided by law and appellate
in Summary Procedure
jurisdiction, or the authority of a court
higher in rank to re-examine the final
order or judgment of a lower court which
tried the case or elevated for judicial
General Jurisdiction
review. It is jurisdiction conferred upon
Power to adjudicate all controversies
or inherent in the first instance
except those expressly withheld from the
plenary powers of the court.
Jurisdiction conferred by law and filed at
the first instance (NOTE: all civil actions)
It extends to all controversies which may
be brought before a court within the legal
Exclusive Jurisdiction
bounds of rights and remedies.
Power to adjudicate a case or proceeding
to the exclusion of all other courts at that
Special or Limited Jurisdiction
stage
One which restricts the courts
jurisdiction only to particular cases and
Jurisdiction of the court to the exclusion
subject to such limitations as may be
of all other courts
provided by the governing law.

It is confined to particular causes, or

which can be exercised only under the
Exclusive Original Jurisdiction
limitations and circumstances prescribed
Power of the court to take judicial
by the statute
cognizance of a case instituted for judicial
action for the first time to the exclusion
Appellate Jurisdiction
of all other courts
Power and authority conferred upon a
superior court to rehear and determine
Territorial Jurisdiction
causes which have been tried in lower
Refers to geographical area within which
courts, the cognizance which a superior
the courts powers can be exercised
court takes of a case removed to it, by
In civil cases, assumes importance in case
appeal or writ of error, from the decision
of venue of real or mixed action
of a lower court or the review by a
 In criminal cases, consideration of to take cognizance at the same stage of
territory and locus of crime determine the same case in the same or different
venue and jurisdiction judicial territories

Territorial jurisdictions:

SC and CA Ancillary Jurisdiction

National Power of the courts to settle issues which
RTC are incidental to main issue
Regional jurisdiction
Inferior courts
Territorial jurisdiction as defined by SC in
BP129

*Power of tribunal considered with reference to the Appeal by Certiorari Petition for Certiorari
territory within which it is to be exercised.
Rule 45 Rule 65

Petition is based on Petition is based on

Delegated Jurisdiction questions of law questions of jurisdiction,
The grant of authority to inferior courts whether the lower court
to hear and determine cadastral and land acted without
registration cases under certain jurisdiction or in excess
conditions of jurisdiction or with
grave abuse of discretion

Mode of appeal Mode of review /

SPECIAL CIVIL ACTION

Involves review of the Directed against

judgment award or final interlocutory order of
Doctrine of Primary Jurisdiction order on the merits the court or where there
is no appeal or any plain,
courts will not resolve a controversy speedy, or adequate
involving a question which is within the remedy
jurisdiction of an administrative tribunal,
especially where the question demands Filed within 15 days from Filed not later than 60
the exercise of sound administrative notice of judgment, final days from notice of
discretion requiring special knowledge order, or resolution judgment, order, or
and experience of said tribunal in appealed from resolution sought to be
determining technical and intricate reviewed
matters of fact
Stays judgment or final Unless a writ of
courts shall not take cognizance of a case
order appealed from preliminary injunction or
unless it has been decided at the
temporary restraining
administrative level
order is issued, the
petition does not stay
the challenged
proceeding
Coordinate Jurisdiction
(same as Concurrent Jurisdiction)
Power conferred upon different courts,
whether of the same or different ranks,
Appellant and appellee
are original parties to the
action, and the lower
court or quasi judicial
agency is not impleaded
Motion for
reconsideration is not
required
Court is in exercise of its
appellate jurisdiction and
power of review
Petition shall be filed
with the Supreme Court
Judge, court, quasi
judicial agency, tribunal,
corporation, board or
officer or person are
public respondents who
are impleaded in the
action
Motion for
reconsideration or for
new trial is required; if a
motion for
reconsideration or new
trial is filed, the period
shall not only be
interrupted but another
60 days shall be given to
petitioner (SC Admin
Matter 02-03)
Court exercises original
jurisdiction
Petition shall be filed
with the RTC, CA,
Sandiganbayan, Comelec