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Jurisdiction- the power and authority of the Plaintiff: acquired by filing of the

court to hear, try and decide a case; the complaint or petition; XPN- if no juridical
power to enforce its determination, as the capacity, it will not confer jurisdiction; XPN
judgement or decree is the end for which to the XPN- when equitable justice
the jurisdiction is exercised, and it is only demands or when barred by estoppel
through the judgement and its execution Defendant: obtained by a valid service of
that the power of the court is made summons upon him or by his voluntary
efficacious and its jurisdiction complete. submission to the courts authority;
required only in an action in personam;
-Jurisdiction is the power of the court, not when his appearance is to question the
the judge jurisdiction- not considered as voluntary
submission
Test of Jurisdiction- whether the court has
the power to enter inquiry Jurisdiction over the issue
Issue- disputed point or question to which
-Jurisdiction over subject matter cannot be the parties to an action have narrowed
waived, enlarged or diminished by down their several allegations and upon
stipulation of the parties which they are desirous of obtaining a
decision
Error of judgement-one which the court
may commit in exercise of jurisdiction; How jurisdiction over the issue is
correctible by appeal conferred and determined
It is conferred and determined by the
Error of jurisdiction- one where the act pleadings of the parties
complained of was issued by the court It may also be conferred by waiver or
without or in excess of jurisdiction; failure to object to the presentation of
correctible only by the extraordinary writ evidence on a matter not raised in the
of certiorari under Rule 65 pleadings

-Any judgement without jurisdiction is a Jurisdiction over the res


total nullity and may be struck down -jurisdiction over the thing or property
anytime, even on appeal; the only which is the subject of the action
exception is when the party raising the -acquired by the court by placing the
issue is barred by estoppel property or thing under its custody

Jurisdiction over the subject matter General jurisdiction-those with


Subject matter- item with respect to which competence to decide on their own
the controversy has arisen, or concerning jurisdiction and to take cognizance of all
which the wrong has been done, and it is cases, civil and criminal of a particular
ordinarily the right, the thing, or the nature
contract under dispute
Special jurisdiction- those which have only
How jurisdiction over the subject matter is special jurisdiction for a particular purpose
conferred or are clothed with special powers for the
Constitution, for SC performance of specified duties beyond
Statutes, for other courts which they have no authority of any kind

How jurisdiction over the subject matter is Original jurisdiction- courts exercising
determined jurisdiction in the first instance
-by allegations of the complaint regardless
of whether or not the plaintiff is entitled to Appellate jurisdiction- superior courts
his claims asserted therein reviewing and deciding cases previously
decided by a lower court
Jurisdiction over the parties
Exclusive jurisdiction- where one court has Manila, where such assessed value does
the power to try a case to the exclusion of not exceed Fifty thousand pesos
other courts (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's
Concurrent jurisdiction- where two or more fees, litigation expenses and
courts have jurisdiction over a specific costs: Provided, That value of such
case property shall be determined by the
assessed value of the adjacent lots. (as
Jurisdiction over 1st level courts amended by R.A. No. 7691)

BP 129, Section 33. Jurisdiction of BP 129, Section 34. Delegated


Metropolitan Trial Courts, Municipal Trial jurisdiction in cadastral and land
Courts and Municipal Circuit Trial Courts in registration cases. Metropolitan Trial
civil cases. Metropolitan Trial Courts, Courts, Municipal Trial Courts, and
Municipal Trial Courts, and Municipal Municipal Circuit Trial Courts may be
Circuit Trial Courts shall exercise: assigned by the Supreme Court to hear
(1) Exclusive original jurisdiction over civil and determine cadastral or land
actions and probate proceedings, testate registration cases covering lots where
and intestate, including the grant of there is no controversy or opposition, or
provisional remedies in proper cases, contested lots the where the value of
where the value of the personal property, which does not exceed One hundred
estate, or amount of the demand does not thousand pesos (P100,000.00), such value
exceed One hundred thousand pesos to be ascertained by the affidavit of the
(P100,000.00) or, in Metro Manila where claimant or by agreement of the
such personal property, estate, or amount respective claimants if there are more
of the demand does not exceed Two than one, or from the corresponding tax
hundred thousand pesos (P200,000.00) declaration of the real property. Their
exclusive of interest damages of whatever decisions in these cases shall be
kind, attorney's fees, litigation expenses, appealable in the same manner as
and costs, the amount of which must be decisions of the Regional Trial Courts. (as
specifically alleged: Provided, That where amended by R.A. No. 7691)
there are several claims or causes of
action between the same or different BP 129, Section 35. Special jurisdiction
parties, embodied in the same complaint, in certain cases. In the absence of all the
the amount of the demand shall be the Regional Trial Judges in a province or city,
totality of the claims in all the causes of any Metropolitan Trial Judge, Municipal
action, irrespective of whether the causes Trial Judge, Municipal Circuit Trial Judge
of action arose out of the same or different may hear and decide petitions for a writ
transactions; of habeas corpus or applications for bail in
(2) Exclusive original jurisdiction over criminal cases in the province or city
cases of forcible entry and unlawful where the absent Regional Trial Judges sit.
detainer: Provided, That when, in such
cases, the defendant raises the question Civil Cases on Summary Procedure,
of ownership in his pleadings and the Sec. 1A
question of possession cannot be resolved (1) All cases of forcible entry and unlawful
without deciding the issue of ownership, detainer, irrespective of the amount of
the issue of ownership shall be resolved damages or unpaid rentals sought to be
only to determine the issue of possession. recovered. Where attorney's fees are
(3) Exclusive original jurisdiction in all civil awarded, the same shall not exceed
actions which involve title to, or twenty thousand pesos (P20,000.00).
possession of, real property, or any (2) All other civil cases, except probate
interest therein where the assessed value proceedings, where the total amount of
of the property or interest therein does not the plaintiff's claim does not exceed ten
exceed Twenty thousand pesos thousand pesos (P10,000.00), exclusive of
(P20,000.00) or, in civil actions in Metro interest and costs.
other abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as
RTC Jurisdiction amended by R.A. No. 7691*)

BP 129, Section 19. Jurisdiction in civil Concurrent jurisdiction of RTC


cases. Regional Trial Courts shall exercise BP 129, Section 21. Original jurisdiction
exclusive original jurisdiction: in other cases. Regional Trial Courts shall
(1) In all civil actions in which the subject exercise original jurisdiction:
of the litigation is incapable of pecuniary (1) In the issuance of writs of certiorari,
estimation; prohibition, mandamus, quo warranto,
(2) In all civil actions which involve the habeas corpus and injunction which may
title to, or possession of, real property, or be enforced in any part of their respective
any interest therein, where the assessed regions; and
value of the property involved exceeds (2) In actions affecting ambassadors and
Twenty thousand pesos (P20,000.00) or for other public ministers and consuls.
civil actions in Metro Manila, where such
the value exceeds Fifty thousand pesos BP129, Section 22. Appellate
(50,000.00) except actions for forcible jurisdiction. Regional Trial Courts shall
entry into and unlawful detainer of lands exercise appellate jurisdiction over all
or buildings, original jurisdiction over cases decided by Metropolitan Trial Courts,
which is conferred upon Metropolitan Trial Municipal Trial Courts, and Municipal
Courts, Municipal Trial Courts, and Circuit Trial Courts in their respective
Municipal Circuit Trial Courts; territorial jurisdictions. Such cases shall be
(3) In all actions in admiralty and maritime decided on the basis of the entire record
jurisdiction where he demand or claim of the proceedings had in the court of
exceeds One hundred thousand pesos origin and such memoranda and/or briefs
(P100,000.00) or , in Metro Manila, where as may be submitted by the parties or
such demand or claim exceeds Two required by the Regional Trial Courts. The
hundred thousand pesos (200,000.00); decision of the Regional Trial Courts in
(4) In all matters of probate, both testate such cases shall be appealable by petition
and intestate, where the gross value of the for review to the
estate exceeds One hundred thousand Court of Appeals which may give it due
pesos (P100,000.00) or, in probate course only when the petition shows prima
matters in Metro Manila, where such gross facie that the lower court has committed
value exceeds Two hundred thousand an error of fact or law that will warrant a
pesos (200,000.00); reversal or modification of the decision or
(5) In all actions involving the contract of judgment sought to be reviewed.
marriage and marital relations;
(6) In all cases not within the exclusive Section 23. Special jurisdiction to try
jurisdiction of any court, tribunal, person special cases. The Supreme Court may
or body exercising jurisdiction or any designate certain branches of the Regional
court, tribunal, person or body exercising Trial Courts to handle exclusively criminal
judicial or quasi-judicial functions; cases, juvenile and domestic relations
(7) In all civil actions and special cases, agrarian cases, urban land reform
proceedings falling within the exclusive cases which do not fall under the
original jurisdiction of a Juvenile and jurisdiction of quasi-judicial bodies and
Domestic Relations Court and of the agencies, and/or such other special cases
Courts of Agrarian Relations as now as the Supreme Court may determine in
provided by law; and the interest of a speedy and efficient
(8) In all other cases in which the demand, administration of justice.
exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses,
and costs or the value of the property in Jurisdiction of Family Courts
controversy exceeds One hundred Family Courts Act of 1997 (RA 8369)
thousand pesos (100,000.00) or, in such
Section 5. Jurisdiction of family Act," as amended by Republic Act No.
Courts. - The Family Courts shall have 7658; and
exclusive original jurisdiction to hear and k) Cases of domestic violence against:
decide the following cases: 1) Women - which are acts of gender
a) Criminal cases where one or more of based violence that results, or are likely to
the accused is below eighteen (18) years result in physical, sexual or psychological
of age but not less than nine (9) years of harm or suffering to women; and other
age but not less than nine (9) years of age forms of physical abuse such as battering
or where one or more of the victims is a or threats and coercion which violate a
minor at the time of the commission of the woman's personhood, integrity and
offense: Provided, That if the minor is freedom movement; and
found guilty, the court shall promulgate 2) Children - which include the commission
sentence and ascertain any civil liability of all forms of abuse, neglect, cruelty,
which the accused may have incurred. exploitation, violence, and discrimination
The sentence, however, shall be and all other conditions prejudicial to their
suspended without need of application development.
pursuant to Presidential Decree No. 603, If an act constitutes a criminal offense, the
otherwise known as the "Child and Youth accused or batterer shall be subject to
Welfare Code"; criminal proceedings and the
b) Petitions for guardianship, custody of corresponding penalties.
children, habeas corpus in relation to the If any question involving any of the above
latter; matters should arise as an incident in any
c) Petitions for adoption of children and case pending in the regular courts, said
the revocation thereof; incident shall be determined in that court.
d) Complaints for annulment of marriage,
declaration of nullity of marriage and Section 7. Special Provisional
those relating to marital status and Remedies. - In cases of violence among
property relations of husband and wife or immediate family members living in the
those living together under different same domicile or household, the Family
status and agreements, and petitions for Court may issue a restraining order
dissolution of conjugal partnership of against the accused of defendant upon
gains; verified application by the complainant or
e) Petitions for support and/or the victim for relief from abuse.
acknowledgment; The court may order the temporary
f) Summary judicial proceedings brought custody of children in all civil actions for
under the provisions of Executive Order their custody. The court may also order
No. 209, otherwise known as the "Family support pendente lite, including deduction
Code of the Philippines"; from the salary and use of conjugal home
g) Petitions for declaration of status of and other properties in all civil actions for
children as abandoned, dependent o support.
neglected children, petitions for voluntary
or involuntary commitment of children;
the suspension, termination, or restoration Jurisdiction of CTA
of parental authority and other cases
cognizable under Presidential Decree No. RA 9282, Sec. 7 Jurisdiction. - The CTA
603, Executive Order No. 56, (Series of shall exercise:
1986), and other related laws; "a. Exclusive appellate jurisdiction to
h) Petitions for the constitution of the review by appeal, as herein provided:
family home; "1. Decisions of the Commissioner of
i) Cases against minors cognizable under Internal Revenue in cases involving
the Dangerous Drugs Act, as amended; disputed assessments, refunds of internal
j) Violations of Republic Act No. 7610, revenue taxes, fees or other charges,
otherwise known as the "Special penalties in relation thereto, or other
Protection of Children Against Child matters arising under the National Internal
Abuse, Exploitation and Discrimination
Revenue or other laws administered by "1. Exclusive original jurisdiction over all
the Bureau of Internal Revenue; criminal offenses arising from violations of
"2. Inaction by the Commissioner of the National Internal Revenue Code or
Internal Revenue in cases involving Tariff and Customs Code and other laws
disputed assessments, refunds of internal administered by the Bureau of Internal
revenue taxes, fees or other charges, Revenue or the Bureau of Customs:
penalties in relations thereto, or other Provided, however, That offenses or
matters arising under the National Internal felonies mentioned in this paragraph
Revenue Code or other laws administered where the principal amount o taxes and
by the Bureau of Internal Revenue, where fees, exclusive of charges and penalties,
the National Internal Revenue Code claimed is less than One million pesos
provides a specific period of action, in (P1,000,000.00) or where there is no
which case the inaction shall be deemed a specified amount claimed shall be tried by
denial; the regular Courts and the jurisdiction of
"3. Decisions, orders or resolutions of the the CTA shall be appellate. Any provision
Regional Trial Courts in local tax cases of law or the Rules of Court to the contrary
originally decided or resolved by them in notwithstanding, the criminal action and
the exercise of their original or appellate the corresponding civil action for the
jurisdiction; recovery of civil liability for taxes and
"4. Decisions of the Commissioner of penalties shall at all times be
Customs in cases involving liability for simultaneously instituted with, and jointly
customs duties, fees or other money determined in the same proceeding by the
charges, seizure, detention or release of CTA, the filing of the criminal action being
property affected, fines, forfeitures or deemed to necessarily carry with it the
other penalties in relation thereto, or other filing of the civil action, and no right to
matters arising under the Customs Law or reserve the filling of such civil action
other laws administered by the Bureau of separately from the criminal action will be
Customs; recognized.
"5. Decisions of the Central Board of "2. Exclusive appellate jurisdiction in
Assessment Appeals in the exercise of its criminal offenses:
appellate jurisdiction over cases involving "a. Over appeals from the judgments,
the assessment and taxation of real resolutions or orders of the Regional Trial
property originally decided by the Courts in tax cases originally decided by
provincial or city board of assessment them, in their respected territorial
appeals; jurisdiction.
"6. Decisions of the Secretary of Finance "b. Over petitions for review of the
on customs cases elevated to him judgments, resolutions or orders of the
automatically for review from decisions of Regional Trial Courts in the exercise of
the Commissioner of Customs which are their appellate jurisdiction over tax cases
adverse to the Government under Section originally decided by the Metropolitan Trial
2315 of the Tariff and Customs Code; Courts, Municipal Trial Courts and
"7. Decisions of the Secretary of Trade and Municipal Circuit Trial Courts in their
Industry, in the case of nonagricultural respective jurisdiction.
product, commodity or article, and the "c. Jurisdiction over tax collection cases as
Secretary of Agriculture in the case of herein provided:
agricultural product, commodity or article, "1. Exclusive original jurisdiction in tax
involving dumping and countervailing collection cases involving final and
duties under Section 301 and 302, executory assessments for taxes, fees,
respectively, of the Tariff and Customs charges and penalties: Provided, however,
Code, and safeguard measures under That collection cases where the principal
Republic Act No. 8800, where either party amount of taxes and fees, exclusive of
may appeal the decision to impose or not charges and penalties, claimed is less than
to impose said duties. One million pesos (P1,000,000.00) shall be
"b. Jurisdiction over cases involving tried by the proper Municipal Trial Court,
criminal offenses as herein provided:
Metropolitan Trial Court and Regional Trial to grant and conduct new trials or Appeals
Court. must be continuous and must be
"2. Exclusive appellate jurisdiction in tax completed within three (3) months, unless
collection cases: extended by the Chief Justice. (as
"a. Over appeals from the judgments, amended by R.A. No. 7902.)
resolutions or orders of the Regional Trial
Courts in tax collection cases originally
decided by them, in their respective Jurisdiction of Sandiganbayan
territorial jurisdiction.
"b. Over petitions for review of the Sec. 4 The Sandiganbayan shall exercise
judgments, resolutions or orders of the exclusive original jurisdiction in all cases
Regional Trial Courts in the Exercise of involving:
their appellate jurisdiction over tax "a. Violations of Republic Act No. 3019, as
collection cases originally decided by the amended, otherwise known as the Anti-
Metropolitan Trial Courts, Municipal Trial Graft and Corrupt Practices Act, Republic
Courts and Municipal Circuit Trial Courts, in Act No. 1379, and Chapter II, Section 2,
their respective jurisdiction." Title VII, Book II of the Revised Penal Code,
where one or more of the accused are
officials occupying the following positions
Jurisdiction of CA in the government, whether in a
permanent, acting or interim capacity, at
BP 129, Sec. 9 - Jurisdiction. The Court the time of the commission of the offense:
of Appeals shall Exercise: "(1) Officials of the executive branch
1. Original jurisdiction to issue writs occupying the positions of regional
of mandamus, prohibition, certiorari, director and higher, otherwise classified as
habeas corpus, and quo warranto, and Grade 27 and higher, of the
auxiliary writs or processes, whether or Compensation and Position Classification
not in aid of its appellate jurisdiction; Act of 1989 (Republic Act No. 6758),
2. Exclusive original jurisdiction over specifically including:
actions for annulment of judgements of "(a) Provincial governors, vice-governors,
Regional Trial Courts; and members of the sangguniang
3. Exclusive appellate jurisdiction over all panlalawigan, and provincial treasurers,
final judgements, resolutions, orders or assessors, engineers, and other provincial
awards of Regional Trial Courts and quasi- department heads:
judicial agencies, instrumentalities, boards "(b) City mayors, vice-mayors, members
or commission, including the Securities of the sangguniang panlungsod, city
and Exchange Commission, the Social treasurers, assessors, engineers, and
Security Commission, the Employees other city department heads;
Compensation Commission and the Civil "(c) Officials of the diplomatic service
Service Commission, Except those falling occupying the position of consul and
within the appellate jurisdiction of the higher;
Supreme Court in accordance with the "(d) Philippine army and air force colonels,
Constitution, the Labor Code of the naval captains, and all officers of higher
Philippines under Presidential Decree No. rank;
442, as amended, the provisions of this "(e) Officers of the Philippine National
Act, and of subparagraph (1) of the third Police while occupying the position of
paragraph and subparagraph 4 of the provincial director and those holding the
fourth paragraph od Section 17 of the rank of senior superintendent and higher;
Judiciary Act of 1948. "(f) City and provincial prosecutors and
The court of Appeals shall have the power their assistants, and officials and
to try cases and conduct hearings, receive prosecutors in the Office of the
evidence and perform any and all acts Ombudsman and special prosecutor;
necessary to resolve factual issues raised "(g) Presidents, directors or trustees, or
in cases falling within its original and managers of government-owned or
appellate jurisdiction, including the power
controlled corporations, state universities judgments, resolutions or orders of
or educational institutions or foundations. regional trial courts whether in the
"(2) Members of Congress and officials exercise of their own original jurisdiction
thereof classified as Grade 27 and higher or of their appellate jurisdiction as herein
under the Compensation and Position provided.
Classification Act of 1989; "The Sandiganbayan shall have exclusive
"(3) Members of the judiciary without original jurisdiction over petitions for the
prejudice to the provisions of the issuance of
Constitution; the writs of mandamus, prohibition, certior
"(4) Chairmen and members of the ari, habeas corpus, injunctions, and other
Constitutional Commissions, without ancillary writs and processes in aid of its
prejudice to the provisions of the appellate jurisdiction and over petitions of
Constitution; and similar nature, including quo
"(5) All other national and local officials warranto, arising or that may arise in
classified as Grade 27 and higher under cases filed or which may be filed under
the Compensation and Position Executive Order Nos. 1, 2, 14 and 14-A,
Classification Act of 1989. issued in 1986: Provided, That the
"b. Other offenses or felonies whether jurisdiction over these petitions shall not
simple or complexed with other crimes be exclusive of the Supreme Court.
committed by the public officials and "The procedure prescribed in Batas
employees mentioned in subsection a. of Pambansa Blg. 129, as well as the
this section in relation to their office. implementing rules that the Supreme
"c. Civil and criminal cases filed pursuant Court has promulgated and may hereafter
to and in connection with Executive Order promulgate, relative to appeals/petitions
Nos. 1, 2, 14 and 14-A, issued in 1986. for review to the Court of Appeals, shall
"Provided, That the Regional Trial Court apply to appeals and petitions for review
shall have exclusive original jurisdiction filed with the Sandiganbayan. In all cases
where the information: (a) does not allege elevated to the Sandiganbayan and from
any damage to the government or any the Sandiganbayan to the Supreme Court,
bribery; or (b) alleges damage to the the Office of the Ombudsman, through its
government or bribery arising from the special prosecutor, shall represent the
same or closely related transactions or People of the Philippines, except in cases
acts in an amount not exceeding One filed pursuant to Executive Order Nos. 1,
million pesos (P1,000,000.00). 2, 14 and 14-A, issued in 1986.
"Subject to the rules promulgated by the "In case private individuals are charged as
Supreme Court, the cases falling under the co-principals, accomplices or accessories
jurisdiction of the Regional Trial Court with the public officers or employees,
under this section shall be tried in a including those employed in government-
judicial region other than where the official owned or controlled corporations, they
holds office. shall be tried jointly with said public
"In cases where none of the accused are officers and employees in the proper
occupying positions corresponding to courts which shall exercise exclusive
Salary Grade 27 or higher, as prescribed jurisdiction over them.
in the said Republic Act No. 6758, or "Any provisions of law or Rules of Court to
military and PNP officers mentioned the contrary notwithstanding, the criminal
above, exclusive original jurisdiction action and the corresponding civil action
thereof shall be vested in the proper for the recovery of civil liability shall at all
regional trial court, metropolitan trial times be simultaneously instituted with,
court, municipal trial court, and municipal and jointly determined in, the same
circuit trial court, as the case may be, proceeding by the Sandiganbayan or the
pursuant to their respective jurisdictions appropriate courts, the filing of the
as provided in Batas Pambansa Blg. 129, criminal action being deemed to
as amended. necessarily carry with it the filing of the
"The Sandiganbayan shall exercise civil action, and no right to reserve the
exclusive appellate jurisdiction over final filing of such civil action separately from
the criminal action shall be and legal assistance to the
recognized: Provided, however, That where underprivileged. Such rules shall provide a
the civil action had heretofore been filed simplified and inexpensive procedure for
separately but judgment therein has not the speedy disposition of cases, shall be
yet been rendered, and the criminal case uniform for all courts of the same grade,
is hereafter filed with the Sandiganbayan and shall not diminish, increase, or modify
or the appropriate court, said civil action substantive rights. Rules of procedure of
shall be transferred to the Sandiganbayan special courts and quasi-judicial bodies
or the appropriate court, as the case may shall remain effective unless disapproved
be, for consolidation and joint by the Supreme Court.
determination with the criminal action, (6) Appoint all officials and employees of
otherwise the separate civil action shall be the Judiciary in accordance with the Civil
deemed abandoned." Service Law.

Judicial Power - the duty of the courts of


Jurisdiction of Supreme Court justice to settle actual controversies
involving rights which are legally
1987 Constitution, Art. 8 demandable and enforceable, and to
Section 5. The Supreme Court shall have determine whether or not there has been
the following powers: a grave abuse of discretion amounting to
(1) Exercise original jurisdiction over cases lack or excess of jurisdiction on the part of
affecting ambassadors, other public any branch or instrumentality of the
ministers and consuls, and over petitions Government.
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,

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