JURISDICTION
 It is the power or authority conferred on
Court by Consti or law to resolve causes
between parties and to carry its judgment
into effect.
WHEN CAN THE COURT EXERCISE JUDICIAL
POWER
1987 CONSTI, ART. VIII
SEC. 1(b). Judicial power includes the duty of the
courts of justice to settle actual controversies
involving rights which are legally demandable and
enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
1. Actual controversy
 When there is right
 When it is legally demandable and
enforceable because controversy
involves rights
2. Grave abuse
 When government agency commits
grave abuse (e.g. political question).
LIMITATION ON POWER
No right affected- No controversy is involved
DIFFERENT CLASSIFICATIONS OF
JURISDICTION( Beda, p.5-6)
 G.R.- The issue of jurisdiction may be
raised at any stage of the proceedings.
 EXC- Estoppel by laches which has a
similar characteristic to the case of Tijam.
A. SC( Art. VIII, SEC. 5, 1987 CONSTI)
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
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
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 under-privileged. 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.
 SC exercises both original and appellate
jurisdiction
1. Original Jurisdiction(Par. 1 and 2)
Par. 1 Par. 2
On cases of On Cases of certiorari,
Ambassadors, etc. final judgements, and
orders of lower courts
GR- cannot expand the
enumeration given.
EXC- when Congress
was given permission to
Page 1
expand the coverage.
Fabian v. Desierto
FACTS
Teresita Fabian was the major stockholder and
president of PROMAT Construction Development
Corporation (PROMAT) which was engaged in the
construction business with a certain Nestor Agustin.
Agustin was the incumbent District Engineer of the
First Metro Manila Engineering District (FMED).
Misunderstanding and unpleasant incidents
developed between Fabian and Agustin. Fabian
tried to terminate their relationship, but Agustin
refused and resisted her attempts to do so to the
extent of employing acts of harassment,
intimidation and threats. She eventually filed
an administrative case against Agustin which
eventually led an appeal to the Ombudsman but the
Ombudsman, Aniano Desierto, inhibited himself.
But the case was later referred to the deputy
Ombudsman, Jesus Guerrero.
The deputy ruled in favor of Agustin and he said the
decision is final and executory. Fabian appealed
the case to the Supreme Court. She averred that
Section 27 of Republic Act No. 6770 (Ombudsman
Act of 1989) pertinently provides that:
In all administrative diciplinary cases, orders,
directives or decisions of the Office of the
Ombudsman may be appealed to the Supreme
Court by filing a petition for certiorari within ten (10)
days from receipt of the written notice of the order,
directive or decision or denial of the motion for
reconsideration in accordance with Rule 45 of the
Rules of Court.
ISSUE: Whether or not Section 27 of the
Ombudsman Act is valid.
HELD: No. It is invalid for it illegally expanded the
appellate jurisdiction of the Supreme Court. Section
27 of RA 6770 cannot validly authorize an appeal to
the SC from decisions of the Office of the
Ombudsman in administrative disciplinary
cases. It consequently violates the proscription in
Section 30, Article VI of the Constitution against a
law which increases the Appellate jurisdiction of
the SC. No countervailing argument has been
cogently presented to justify such disregard of the
constitutional prohibition. That constitutional
provision was intended to give the SC a measure of
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
control over cases placed under its appellate
jurisdiction. Otherwise, the indiscriminate
enactment of legislation enlarging its appellate
jurisdiction would unnecessarily burden the SC.
Section 30, Article VI of the Constitution is clear
when it states that the appellate jurisdiction of the
SC contemplated therein is to be exercised over
“final judgments and orders of lower courts,” that is,
the courts composing the integrated judicial
system. It does not include the quasi-judicial bodies
or agencies.
But what is the proper remedy?
Appeals from judgments and final orders of quasi-
judicial agencies are now required to be brought to
the Court of Appeals on a verified petition for
review, under the requirements and conditions in
Rule 43 of the Rules of Court which was precisely
formulated and adopted to provide for a uniform
rule of appellate procedure for quasi-judicial
agencies.
Cr: uberdigest. P.S. Sabihin niyo wala. Haha.
ORIGINAL JURISDICTION:
1. exercise original jurisdiction over
cases affecting ambassadors, other
public ministers and consuls, Focuses on
the person of the defendant
with regards to ambassadors, who is this
ambassador? Ambassadors in other
countries with crime committed in the Phil.
Our Ambassador in the USA, committed
malversation. Can our SC hear the case?
No. They are subject to the general rule
SC can be a trial court w/ regards to
ambassadors, public ministers and consuls.
ORIGINAL CONCURRENT
JURISDICTION: CONCURRENT WITH
THE REGIONAL TRIAL COURT. Thus, it is
not exclusive original jurisdiction
Basis : BP 129 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
Page 2
 regions; and
(2) In actions affecting ambassadors and
other public ministers and consuls.
2. and over petitions for certiorari,
prohibition, mandamus, quo warranto,
and habeas corpus.
Certiorari – Rule 65- conferring to error in
jurisdiction
you can file these in the 1st instance.
is this exclusive? it is concurrent with CA , RTC and
Sandiganbayan
2. Appellate Jurisdiction (Par. 2)
 Decisions MUST come from lower courts
Focuses on the subj. matter.
Sc has appellate jurisdicrtion
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:
Certiorari Rule 45- error on judgment NOT error on
jurisdiction
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.
Focuses on the subj. matter.
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.
Now death penalty is not enforced
e. All cases in which only an error or
question of law is involved.
In all of these instances is the appellate jurisdiction
of SC exclusive?
Generally, in all of these instances it is not
exclusive, CA has jurisdiction has jurisdiction on
tax, imposts, constitutionality provided it is ALSO A
QUESTION OF FACT.
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
If it is appellate jurisdiction of RTC, CA has
jurisdiction on consti., tax, impost. etc
In any controvery, 2 issues is raised the 1st
is a question of fact. In any controversy may
nagsisinungaling diyan since you can’t
agree you go to court so that the judge will
be the one to determine which is the truth.
There is such thing as due process of the
law.
B. COURT OF APPEALS (B.P. 129, SEC.9)
1. ORIGINAL (Par. 1 and Par. 2)
 Can issue whether or not in aid of
legislation
CONCURRENT WITH RTC : when it involves an
action from an inferior court
WITH SC: certiorari, mandamus
against RTC
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;(
orig pa rin yan)
what does this mean? SB has jurisdiction over 4
categories on criminal cases.
SANDIGANBAYAN
What are the criminal cases where the
Sandiganbayan has authority to try cases?
Main classification:
1. RA 3019 Anti-graft and Corrupt
Practices Act
Public officer
2. Republic Act No. 1379 (forfeiture of
ill gotten wealth)- quasi-criminal in nature
Public officer
3. Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code
(bribery, indirect bribery and corruptions of
public officers).
Public officer
4th category: other than the above special
laws.
1 to 3, private individuals can also be
Page 3
 included for conspiracy
4. Other offenses or felonies
whether simple or complexed with other
crimes committed by the public officials
and employees mentioned in subsection a
of this section in relation to their office.
5. Plunder Cases
6. Civil Cases in relation to the case
filed
7. Civil and criminal cases filed
pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
In the 1st 4 cases. SB has original jurisdiction for
salary grade of 27 or higher, appellate if they are
lower than that or lower than salary grade 27 from
MTC or RTC. If it exceeds 6 yrs it is with RTC.
If it is with MTC and it rendered judgment, where
shld the judgment be appealed? RTC not with SB
Decision of RTC is appealable to the SB
thus, we can say that SB has NO appellate
jurisdiction over the decision of MTC.
If the court MTC did not allow the defense to cross
examine the witnesses, that is grave abuse of
discretion, you can go to RTC for certiorari, SB can
only entertain under the old law in aid of its
appellate jurisdiction
but CA,
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;
Rule 65 sec 4, it was mentioned that SB can now
entertain won it is in aid of its appellate jurisdiction.
comment: this is judicial legislation is a usurpation
by the SC about the powers of Congress.
People vs. Mateo. Appellate jurisdiction was given
to CA, even in criminal cases with reclusion
perpetua or higher. comment: We call it judicial
legislation. .
In what other instance does CA exercise orig
jurisdiction?
Sec 9 2. Exclusive original jurisdiction over
actions for annulment of judgements of Regional
Trial Courts;
- Annulment of judgment of RTC –
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
exclusive original jurisdiction.
2. APPELLATE (Par. 3)
a. In cases of final decisions of the
RTC
b. Quasi-judicial bodies
 The right to appeal is not a consti
right. It can only be granted by law.
Due process requires that one may
be heard only once, not twice.
 Constitutional bodies can only raise
jurisdictional issues.
 Q: When can an administrative
decision be appealed to CA?
o When such body exercises
quasi-judicial powers.
 G.R.- Admin decisions are not
appealable
 EXC- When there is grave abuse of
discretion or a justifiable cause.
LIMITATIONS ON CA’S APPELLATE
JURISDICTION
1. Cases falling within SC’s appellate
jurisdiction
2. When a case is given to another court
3. Labor cases.
ST. MARTIN FUNERAL HOMES V. NLRC
G.R. No. 130866 September 16, 1998
FACTS
Private respondent alleges that he started working
as Operations Manager of petitioner St. Martin
Funeral Home on February 6,1995. However, there
was no contract of employment executed between
him and petitioner nor was his name included in
thesemi-monthly payroll. On January 22, 1996, he
was dismissed from his employment for allegedly
misappropriating P38,000.00.Petitioner on the other
hand claims that private respondent was not its
employee but only the uncle of Amelita Malabed,
the
owner of petitioner St.Martin’s Funeral Home and in
January 19
96, the mother of Amelita passed away, so the
latter took overthe management of the
business.Amelita made some changes in the
business operation and private respondent and his
wife were no longer allowed to participatein the
management thereof. As a consequence, the latter
filed a complaint charging that petitioner had
illegally terminated hisemployment. The labor
Page 4
arbiter rendered a decision in favor of petitioner o When it involves
declaring that no employer-employee questions regarding title,
relationshipexisted between the parties and possession, or any
therefore his office had no jurisdiction over the interest
case.  Q: Is annulment of real estate
mortgage due to fraud a real
ISSUE: action?
WON the decision of the NLRC are appealable to o NO, for it does not
the Court of Appeals. involve any question
regarding ownership or
RULING: title
The Court is of the considered opinion that ever o Q: suppose the
since appeals from the NLRC to the SC were annulment involves an
eliminated, the legislative intendment was that the annulment after the sale?
special civil action for certiorari was and still is the  Then already a
proper vehicle for judicial review of decisions of real action
theNLRC. The use of the word appeal in relation  Q: Examples of real action
thereto and in the instances we have noted could o Action for partition
have been a lapsus plumaebecause appeals by o Foreclosure of real estate
certiorari and the original action for certiorari are mortgage
both modes of judicial review addressed to the o Expropriation
appellatecourts. The important distinction between  Private person
them, however, and with which the Court is doesn’t want to
particularly concerned here is that thespecial civil sell
action for certiorari is within the concurrent original  Did not agree with
jurisdiction of this Court and the Court of Appeals; the price
whereas toindulge in the assumption that appeals  EXC(jurisdiction is within MTC)
by certiorari to the SC are allowed would not o Assessed value exceeds
subserve, but would subvert, the intentionof the the 20,000/ 50,000
Congress as expressed in the sponsorship speech threshold
on Senate Bill No. 1495.Therefore, all references in o Ejectment cases
the amended Section 9 of B.P No. 129 to supposed  Forcible entry
appeals from the NLRC to the Supreme Court  Unlawful detainer
areinterpreted and hereby declared to mean and iii. PROBATE PROCEEDINGS
refer to petitions for certiorari under Rule65.  TEST: Gross value of the
Consequently, all such petitionsshould henceforth properties
be initially filed in the Court of Appeals in strict iv. ACTIONS INVOLVING
observance of the doctrine on the hierarchy of MARITAL RELATIONS
courts as theappropriate forum for the  Now within Family courts
relief desired. v. NO. 6, SEC. 19
 What makes RTC a court of
Cr: Scribd. Com. Sabihin nyo din wala. general jurisdiction
vi. NO. 8, SEC. 19
C. RTC (BP 129, SEC. 19-24)  Involves personal property
1. ORIGINAL (SEC. 19 &21, B.P. 129)  TEST:
i. INCAPABLE OF PECUNIARY o Demand
ESTIMATION  EXCLUDE:
ii. REAL ACTION( NO. 2, SEC. 19)
 Interest
 Involves immovable property
 Damages
 Threshold for jurisdiction- the
 Atty. Fees
assessed value (20,000/50,000)
 Litigation
 Q: When does one become a
expenses
real action?
 COST

FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI. Page 5

 o Value of (personal)
property
o BOTH MUST EXCEED
the 300,000 and 400,000
threshold
2. APPELLATE (SEC. 22)
DIFFERENCE BETWEEN NO. 1, 2 AND 8 OF
SEC. 19
TEST: Look at the subject matter
19(1) 19(8)
Incapable of pecuniary Capable
estimation
Claim for money is Claim for money is the
merely incidental main issue
INCAPABLE OF PECUNIARY ACTION
ORTIGAS V. HERRERA
(NATURE OF THE QUESTION TEST))
FACTS
On August 14, 1969, petitioner and private
respondent entered into an agreement thereby for
and in consideration of P55,430.00, the former
agreed to sell to the latter a parcel of land with a
special condition that should private respondent as
purchaser complete the construction including the
painting of his residential house on said lot within
two (2) years from August 14, 1969, petitioner, as
owner, has agreed to refund to private respondent
the amount of P10.00 per square meter. When the
aforesaid special condition was fulfilled, private
respondent, on May 17, 1971 accordingly notified in
writing the petitioner of the same and requested for
his refund amounting to P4,820.00 Upon failure of
petitioner to pay his obligation, private respondent
on May 6, 1972 filed a complaint for sum of money
and damages with the City Court of Manila, Branch
II, against petitioner docketed as Civil Case No.
211673. A motion to dismiss was filed by petitioner
on grounds of lack of jurisdiction, failure of the
complaint to state a cause of action and improper
avenue. City Court Judge Jose B. Herrera in his
order dated June 27, 1972 held in abeyance the
resolution on the motion until after the trial of the
case on the merits.
ISSUE
WON the issue is one for specific
performance.
RATIO
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
YES. The action involved in this case is one for
specific performance and not for a sum of money
and wherefore incapable of pecuniary estimation
because what private respondent seeks is the
performance of petitioner's obligation under a
written contract to make a refund but under certain
specific conditions still to be proven or
established. In a case for the recovery of a sum of
money, as the collection of a debt, the claim is
considered capable of pecuniary estimation
(Lapitan vs. Scandia Inc., 24 SCRA 479) because
the obligation to pay the debt is not conditioned
upon any specific fact or matter. But when a party
to a contract has agreed to refund to the other party
a sum of money upon compliance by the latter of
certain conditions and only upon compliance
therewith may what is legally due him under the
written contract be demanded, the action is one not
capable of pecuniary estimation. The payment of a
sum of money is only incidental which can only be
ordered after a determination of certain acts the
performance of which being the more basic issue to
be inquired into.
LAPITAN V. SCANDIA
A review of the jurisprudence of this Court indicates
that in determining whether an action is one the
subject matter of which is not capable of pecuniary
estimation, this Court has adopted the criterion of
first ascertaining the nature of the principal action
or remedy sought. If it is primarily for the recovery
of a sum of money, the claim is considered capable
of pecuniary estimation, and whether jurisdiction is
in the municipal courts or in the courts of first
instance would depend on the amount of the claim.
However, where the basic issue is something other
than the right to recover a sum of money, or where
the money claim is purely incidental to, or a
consequence of, the principal relief sought, like in
suits to have the defendant perform his part of the
contract (specific performance) and in actions for
support, or for annulment of a judgment or to
foreclose a mortgage, this Court has considered
such actions as cases where the subject of the
litigation may not be estimated in terms of money,
and are cognizable exclusively by courts of first
instance. The rationale of the rule is plainly that the
second class cases, besides the determination of
damages, demand an inquiry into other factors
which the law has deemed to be more within the
competence of courts of first instance, which were
the lowest courts of record at the time that the first
organic laws of the Judiciary were enacted
Page 6
allocating jurisdiction (Act 136 of the Philippine
Commission of June 11, 1901).
Actions for specific performance of contracts have
been expressly pronounced to be exclusively
cognizable by courts of first instance: De Jesus vs.
Judge Garcia, L-26816, February 28, 1967;
Manufacturers' Distributors, Inc. vs. Yu Siu Liong,
L-21285, April 29, 1966. And no cogent reason
appears, and none is here advanced by the parties,
why an action for rescission (or resolution)
should be differently treated, a rescission being a
counterpart, so to speak, of "specific performance".
In both cases, the court would certainly have to
undertake an investigation into facts that would
justify one act or the other.
PS.Wala to sa outline.
RAYMUNDO V. CA
Private respondent's complaint is an action
to compel the petitioner to remove the illegal and
unauthorized installation of glasses at Unit AB-122
of the condominium which is not capable of
pecuniary estimation and falls under the exclusive
jurisdiction of the Regional Trial Court under
paragraph (1), Section 19 and paragraph (1),
Section 21.
"In determining whether an action is one the
subject matter of which is not capable of pecuniary
estimation this Court has adopted the criterion of
first ascertaining the nature of the principal action
or remedy sought. If it is primarily for the recovery
of a sum of money, the claim is considered capable
of pecuniary estimation, and whether jurisdiction is
in the municipal courts [now municipal trial courts]
or in the courts of first instance [now regional trial
courts] would depend on the amount of the claim.
However, where the basic issue is something
other than the right to recover a sum of money, or
where the money claim is purely incidental to, or a
consequence of, the principal relief sought, this
Court has considered such actions as cases where
the subject of the litigation may not be estimated
in terms of money, and are cognizable exclusively
by courts of first instance [now regional trial
courts]."
In the instant case. the claim of attorney's
fees by the private respondent in the amount of
P10,000.00 is only incidental to its principal cause
of action which is for the removal of the illegal and
unauthorized installation of the glasses made by
the petitioner and therefore, said amount is not
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
determinative of the jurisdiction of the court.
RUSSEL V. VESTIL
The complaint filed before the Regional Trial Court
is doubtless one incapable of pecuniary estimation
and therefore within the jurisdiction of said court.
TEST: IN SINGSON vs SAWMILL: In determining
whether an action is one the subject matter of
which is not capable of pecuniary estimation this
Court has adopted the criterion of first ascertaining
the nature of the principal action or remedy sought.
If it is primarily for the recovery of a sum of money,
the claim is considered capable of pecuniary
estimation, and whether jurisdiction is in the
municipal courts or in the courts of first instance
would depend on the amount of the claim.
However, where the basic issue is something other
than the right to recover a sum of money, where the
money claim is purely incidental to, or a
consequence of, the principal relief sought, this
Court has considered such actions as cases where
the subject of the litigation may not be estimated in
terms of money, and are cognizable exclusively by
courts of first instance (now Regional Trial Courts).
Examples of actions incapable of pecuniary
estimation are those for
1. specific performance,
2. support, or
3. foreclosure of mortgage or annulment of
judgment; 14 also a
4. ctions questioning the validity of a
mortgage, 15
5. annulling a deed of sale or conveyance and
to recover the price paid 16 and
6. for rescession, which is a counterpart of
specific performance.
the subject matter of the complaint in this case is
annulment of a document denominated as
"DECLARATION OF HEIRS AND DEED OF
CONFIRMATION OF PREVIOUS ORAL
PARTITION."
The main purpose of petitioners in filing the
complaint is to declare null and void the document
in which private respondents declared themselves
as the only heirs of the late spouses Casimero
Tautho and Cesaria Tautho and divided his
property among themselves to the exclusion of
petitioners who also claim to be legal heirs and
entitled to the property. While the complaint also
prays for the partition of the property, this is just
incidental to the main action, which is the
Page 7
declaration of nullity of the document above- o i.e I borrowed money amounting to
described. It is axiomatic that jurisdiction over the P300k, with 10% interest per
subject matter of a case is conferred by law and is annum(p30k). I failed to pay, sued
determined by the allegations in the complaint and for the principal of P300k and P30k
the character of the relief sought, irrespective of interest. What is the jurisdiction? In
whether the plaintiff is entitled to all or some of the all other cases in which the
claims asserted therein. demand,- which can be money. A: if
it is a stipulated interest it is part of
RCPI V. CA the demand
 There are 2 types of interest : stipulated and
legal interest which is 6%
o when does legal interest occur?
 when a demand is made
which can either be judicial
or extrajudicial.
19(1) V. 19(2) o A: if it is a stipulated interest it is part
Test of Jurisdiction is of the demand – RTC has
Assessed Value based jurisdiction.
on the Tax Declaration o Q: 10% per annum, P200K –
which has the principal. I am demanding P200k
presumption of with stipulated interest for 2 yrs plus
regularity other interest while the case is
pending.
o A: MTC can assume jurisdiction.
They are the interest that accrued
pendent lite during the pendency of
the suit. You include this on your
19(1) V. 19(8) prayer, all other interest which
TEST of jurisdiction is accrued.
the demand OR the o stipulated interest : when you
value of the personal demand, you should include all of
property. Read in them. – to determine the jurisdiction
relation to sec. 33 of the court.
personal actions for the 2. Damages of whatever kind:
recovery of debts, a. Actual
personal property or b. Compensatory
damages c. Moral
d. Exemplary
 What should be excluded: “exclusive of e. Nominal – if none is proven
interest damages of whatever kind, 3. Attorney’s fees – form of damages.
attorney’s fees, litigation expenses, and - Conditions to be awarded: Utter bad faith on the
costs, the amount of which must be part of defendant
specifically alleged:” 4. Litigation expenses
1. Interest 5. Costs
 I loaned with a bank of 200k with 10%  However still include this not for jurisdiction
interest per annum. 6 yrs unpaid. but for purpose of filing fees
 Total debt amounted to 320k.
 TEST: if the interest on the loan is a primary WHAT CONSTITUTES DEMAND
and inseparable component of the cause of NOTE: If claim for damages is the main cause of
action, include the interest which have action or one of the causes of action, the amount of
accrued at the time of filing of the complaint such claim shall be considered in determining the
jurisdicition
 When law says exclusive of interest, those
are the interest which accrue during the
pendency of the case

FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI. Page 8

 MENDOZA V. SORIANO
But relatedly, Administrative Circular No. 09-9412
expressly states:
xxxx
2. The exclusion of the term "damages of whatever
kind" in determining the jurisdictional amount under
Section 19(8) and Section 33(1) of BP Blg. 129, as
amended by RA No. 7691, applies to cases where
the damages are merely incidental to or a
consequence of the main cause of action.
However, in cases where the claim for damages is
the main cause of action, or one of the causes of
action, the amount of such claim shall be
considered in determining the jurisdiction of the
court. (Underscoring supplied.)
Actions for damages based on quasi-delicts, as in
this case, are primarily and effectively actions for
the recovery of a sum of money for the damages
for tortious acts.13 In this case, respondents’ claim
of ₱929,006 in damages and ₱25,000 attorney’s
fees plus ₱500 per court appearance represents
the monetary equivalent for compensation of the
alleged injury. These money claims are the
principal reliefs sought by respondents in their
complaint for damages.14 Consequently then, we
hold that the Regional Trial Court of Caloocan City
possessed and properly exercised jurisdiction over
the case
KATARUNGANG PAMBARANGAY
R.A. 7160
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each
barangay a lupong tagapamayapa,
hereinafter referred to as the lupon,
composed of the punong barangay, as
chairman and ten (10) to twenty (20)
members. The lupon shall be constituted
every three (3) years in the manner
provided herein.
(b) Any person actually residing or working,
in the barangay, not otherwise expressly
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
disqualified by law, and possessing
integrity, impartiality, independence of mind,
sense of fairness, and reputation for probity,
may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which
shall include the names of proposed
members who have expressed their
willingness to serve, shall be prepared by
the punong barangay within the first fifteen
(15) days from the start of his term of office.
Such notice shall be posted in three (3)
conspicuous places in the barangay
continuously for a period of not less than
three (3) weeks;
(d) The punong barangay, taking into
consideration any opposition to the
proposed appointment or any
recommendations for appointment as may
have been made within the period of
posting, shall within ten (10) days thereafter,
appoint as members those whom he
determines to be suitable therefor.
Appointments shall be in writing, signed by
the punong barangay, and attested to by the
barangay secretary.
(e) The list of appointed members shall be
posted in three (3) conspicuous places in
the barangay for the entire duration of their
term of office; and
(f) In barangays where majority of the
inhabitants are members of indigenous
cultural communities, local systems of
settling disputes through their councils of
datus or elders shall be recognized without
prejudice to the applicable provisions of this
Code.
Section 400. Oath and Term of Office. - Upon
appointment, each lupon member shall take an
oath of office before the punong barangay. He shall
hold office until a new lupon is constituted on the
third year following his appointment unless sooner
terminated by resignation, transfer of residence or
place of work, or withdrawal of appointment by the
punong barangay with the concurrence of the
majority of all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur
in the lupon for any cause, the punong barangay
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shall immediately appoint a qualified person who
shall hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon
shall:
(a) Exercise administrative supervision over
the conciliation panels provided herein;
(b) Meet regularly once a month to provide
a forum for exchange of ideas among its
members and the public on matters relevant
to the amicable settlement of disputes, and
to enable various conciliation panel
members to share with one another their
observations and experiences in effecting
speedy resolution of disputes; and
(c) Exercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The
barangay secretary shall concurrently serve as the
secretary of the lupon. He shall record the results of
mediation proceedings before the punong barangay
and shall submit a report thereon to the proper city
or municipal courts. He shall also receive and keep
the records of proceedings submitted to him by the
various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each
dispute brought before the lupon a
conciliation panel to be known as the
pangkat ng tagapagkasundo, hereinafter
referred to as the pangkat, consisting of
three (3) members who shall be chosen by
the parties to the dispute from the list of
members of the lupon.
Should the parties fail to agree on the
pangkat membership, the same shall be
determined by lots drawn by the lupon
chairman.
(b) The three (3) members constituting the
pangkat shall elect from among themselves
the chairman and the secretary. The
secretary shall prepare the minutes of the
pangkat proceedings and submit a copy
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
duly attested to by the chairman to the
lupon secretary and to the proper city or
municipal court. He shall issue and cause to
be served notices to the parties concerned.
The lupon secretary shall issue certified true
copies of any public record in his custody
that is not by law otherwise declared
confidential.
Section 405. Vacancies in the Pangkat. - Any
vacancy in the pangkat shall be chosen by the
parties to the dispute from among the other lupon
members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot to
be drawn by the lupon chairman.
Section 406. Character of Office and Service of
Lupon Members. -
(a) The lupon members, while in the
performance of their official duties or on the
occasion thereof, shall be deemed as
persons in authority, as defined in the
Revised Penal Code.
(b) The lupon or pangkat members shall
serve without compensation, except as
provided for in Section 393 and without
prejudice to incentives as provided for in
this Section and in Book IV of this Code.
The Department of the Interior and Local
Government shall provide for a system of
granting economic or other incentives to the
lupon or pangkat members who adequately
demonstrate the ability to judiciously and
expeditiously resolve cases referred to
them. While in the performance of their
duties, the lupon or pangkat members,
whether in public or private employment,
shall be deemed to be on official time, and
shall not suffer from any diminution in
compensation or allowance from said
employment by reason thereof.
Section 407. Legal Advice on Matters Involving
Questions of Law. - The provincial, city legal officer
or prosecutor or the municipal legal officer shall
render legal advice on matters involving questions
of law to the punong barangay or any lupon or
pangkat member whenever necessary in the
exercise of his functions in the administration of the
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katarungang pambarangay.
Section 408. Subject Matter for Amicable
Settlement; Exception Thereto. - The lupon of each
barangay shall have authority to bring together the
parties actually residing in the same city or
municipality for amicable settlement of all disputes
except:
(a) Where one party is the government, or
any subdivision or instrumentality thereof;
(b) Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions;
(c) Offenses punishable by imprisonment
exceeding one (1) year or a fine exceeding
Five thousand pesos (P5,000.00);
(d) Offenses where there is no private
offended party;
(e) Where the dispute involves real
properties located in different cities or
municipalities unless the parties thereto
agree to submit their differences to
amicable settlement by an appropriate
lupon;
(f) Disputes involving parties who actually
reside in barangays of different cities or
municipalities, except where such barangay
units adjoin each other and the parties
thereto agree to submit their differences to
amicable settlement by an appropriate
lupon;
(g) Such other classes of disputes which the
President may determine in the interest of
Justice or upon the recommendation of the
Secretary of Justice.
The court in which non-criminal cases not
falling within the authority of the lupon under
this Code are filed may, at any time before
trial motu propio refer the case to the lupon
concerned for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
residing in the same barangay shall be
brought for amicable settlement before the
lupon of said barangay.
(b) Those involving actual residents of
different barangays within the same city or
municipality shall be brought in the
barangay where the respondent or any of
the respondents actually resides, at the
election of the complaint.
(c) All disputes involving real property or
any interest therein shall be brought in the
barangay where the real property or the
larger portion thereof is situated.
(d) Those arising at the workplace where
the contending parties are employed or at
the institution where such parties are
enrolled for study, shall be brought in the
barangay where such workplace or
institution is located.
Objections to venue shall be raised in the
mediation proceedings before the punong
barangay; otherwise, the same shall be
deemed waived. Any legal question which
may confront the punong barangay in
resolving objections to venue herein
referred to may be submitted to the
Secretary of Justice, or his duly designated
representative, whose ruling thereon shall
be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon
payment of the appropriate filing fee, any
individual who has a cause of action
against another individual involving any
matter within the authority of the lupon may
complain, orally or in writing, to the lupon
chairman of the barangay.
(b) Mediation by lupon chairman - Upon
receipt of the complaint, the lupon
chairman shall within the next working day
summon the respondent(s), with notice to
the complainant(s) for them and their
witnesses to appear before him for a
mediation of their conflicting interests. If he
fails in his mediation effort within fifteen (15)
days from the first meeting of the parties
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 before him, he shall forthwith set a date for
the constitution of the pangkat in
accordance with the provisions of this
Chapter.
(c) Suspension of prescriptive period of
offenses - While the dispute is under
mediation, conciliation, or arbitration, the
prescriptive periods for offenses and cause
of action under existing laws shall be
interrupted upon filing the complaint with the
punong barangay. The prescriptive periods
shall resume upon receipt by the
complainant of the complainant or the
certificate of repudiation or of the
certification to file action issued by the lupon
or pangkat secretary: Provided, however,
That such interruption shall not exceed sixty
(60) days from the filing of the complaint
with the punong barangay.
(d) Issuance of summons; hearing; grounds
for disqualification - The pangkat shall
convene not later than three (3) days from
its constitution, on the day and hour set by
the lupon chairman, to hear both parties and
their witnesses, simplify issues, and explore
all possibilities for amicable settlement. For
this purpose, the pangkat may issue
summons for the personal appearance of
parties and witnesses before it. In the event
that a party moves to disqualify any member
of the pangkat by reason of relationship,
bias, interest, or any other similar grounds
discovered after the constitution of the
pangkat, the matter shall be resolved by the
affirmative vote of the majority of the
pangkat whose decision shall be final.
Should disqualification be decided upon, the
resulting vacancy shall be filled as herein
provided for.
(e) Period to arrive at a settlement - The
pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15)
days from the day it convenes in
accordance with this section. This period
shall, at the discretion of the pangkat, be
extendible for another period which shall not
exceed fifteen (15) days, except in clearly
meritorious cases.
Section 411. Form of settlement. - All amicable
FRIENDS & M. ORA ET LABORA. OMNEM GLORIA DEI.
settlements shall be in writing, in a language or
dialect known to the parties, signed by them, and
attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to
the dispute do not use the same language or
dialect, the settlement shall be written in the
language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in
Court. - No complaint, petition, action, or
proceeding involving any matter within the
authority of the lupon shall be filed or
instituted directly in court or any other
government office for adjudication, unless
there has been a confrontation between the
parties before the lupon chairman or the
pangkat, and that no conciliation or
settlement has been reached as certified by
the lupon secretary or pangkat secretary as
attested to by the lupon or pangkat
chairman or unless the settlement has been
repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court.
- The parties may go directly to court in the
following instances:
(1) Where the accused is under
detention;
(2) Where a person has otherwise
been deprived of personal liberty
calling for habeas corpus
proceedings;
(3) Where actions are coupled with
provisional remedies such as
preliminary injunction, attachment,
delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise
be barred by the statute of
limitations.
(c) Conciliation among members of
indigenous cultural communities. - The
customs and traditions of indigenous
cultural communities shall be applied in
settling disputes between members of the
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 cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the
proceedings, agree in writing that they shall
abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement
to arbitrate may be repudiated within five (5)
days from the date thereof for the same
grounds and in accordance with the
procedure hereinafter prescribed. The
arbitration award shall be made after the
lapse of the period for repudiation and
within ten (10) days thereafter.
(b) The arbitration award shall be in writing
in a language or dialect known to the
parties. When the parties to the dispute do
not use the same language or dialect, the
award shall be written in the language or
dialect known to them.
Section 414. Proceedings Open to the Public;
Exception. - All proceedings for settlement shall be
public and informal: Provided, however, That the
lupon chairman or the pangkat chairman, as the
case may be, may motu proprio or upon request of
a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In
all katarungang pambarangay proceedings, the
parties must appear in person without the
assistance of counsel or representative, except for
minors and incompetents who may be assisted by
their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and
Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of
a final judgment of a court upon the expiration of
ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a
petition to nullify the award has been filed before
the proper city or municipal court.
However, this provision shall not apply to court
cases settled by the lupon under the last paragraph
of Section 408 of this Code, in which case the
compromise or the pangkat chairman shall be
submitted to the court and upon approval thereof,
have the force and effect of a judgment of said
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court.
Section 417. Execution. - The amicable settlement
or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of
the settlement. After the lapse of such time, the
settlement may be enforced by action in the
appropriate city or municipal court.
Section 418. Repudiation. - Any party to the
dispute may, within ten (10) days from the date of
the settlement, repudiate the same by filing with the
lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification
for filing a complaint as hereinabove provided.
Section 419. Transmittal of Settlement and
Arbitration. - Award to the Court. - The secretary of
the lupon shall transmit the settlement or the
arbitration award to the appropriate city or
municipal court within five (5) days from the date of
the award or from the lapse of the ten-day period
repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and
the lupon chairman.
Section 420. Power to Administer Oaths. - The
punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat
are hereby authorized to administer oaths in
connection with any matter relating to all
proceedings in the implementation of the
katarungang pambarangay.
Section 421. Administration; Rules and
Regulations. - The city or municipal mayor, as the
case may be, shall see to the efficient and effective
implementation and administration of the
katarungang pambarangay. The Secretary of
Justice shall promulgate the rules and regulations
necessary to implement this Chapter.
Section 422. Appropriations. - Such amount as
may be necessary for the effective implementation
of the katarungang pambarangay shall be provided
for in the annual budget of the city or municipality
concerned.
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