JURISDICTION

(BP 129 as amended by RA 7691)

ATTY. PETER B. CAÑAMO

July 16, 2018
 SUPREME COURT
A. ORIGINAL
1. EXCLUSIVE
a. Petitions for Certiorari, Prohibition or Mandamus
against:
• Court of Appeals
• Commission on Elections
• Commission on Audit
• Court of Tax Appeals; and
• Sandiganbayan
2. CONCURRENT
a. With the Court of Appeals
1. Petitions for Certiorari, Prohibition or Mandamus
against:
• Regional Trial Courts;
• Civil Service Commission;
• Central Board of Assessment Appeals;
• Other Quasi-Judicial Agencies; and
• NLRC
 b. With the Court of Appeals and
Regional Trial Courts

•Petitions for Certiorari, Prohibition or Mandamus against

courts of the first level and other bodies;

•Petitions for Habeas Corpus and Quo Warranto.

 c. With Regional Trial Courts

 Actions against ambassadors, other public ministers

and consuls.
 d. With the Sandiganbayan

 Petitions for Certiorari, Prohibition or Mandamus,

Habeas Corpus, Injunction and Ancillary writs in aid of
its appellate jurisdiction and over petitions for similar
nature, including Quo Warranto in PCGG cases.
 e. With the Court of Appeals, Sandiganbayan
and Regional Trial Courts

 Petition for writ of amparo;

 Petition for writ of habeas data

B. APPELLATE
1.PETITIONS FOR REVIEW ON CERTIORARI
AGAINST:
 Court of Appeals;
 Sandiganbayan;
 Regional Trial Courts in cases involving –
1. Constitutionality or validity of a treaty, international or
executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation;
2. Legality of a tax, impost, assessment, till or a penalty in
relation thereto;
3. Jurisdiction of a lower court; and
4. Pure error or question of law
 Court of Tax Appeals, en banc

 Final judgment or order in a writ of amparo or habeas

data cases
 COURT OF APPEALS

A. ORIGINAL
1. Exclusive

a. Actions for annulment of judgments of RTC

 2. Concurrent
a. With the Supreme Court;
• Regional Trial Courts;
• Civil Service Commission;
• Central Board of Assessment Appeals;
• Other Quasi-Judicial Agencies; and
• NLRC
 With the Supreme Court and the Regional Trial Courts

• Petitionsfor Certiorari, Prohibition or Mandamus

against courts of the first level and other bodies;

•Petitions for Habeas Corpus and Quo Warranto.

 With the Supreme Court, Sandiganbayan and Regional
Trial Courts

 Petition for writ of amparo;

 Petition for writ of habeas data

 B. APPELLATE
1. Ordinary appeals
a. Regional Trial Courts, except in cases exclusively appealable to the
Supreme Court;

b. Family Courts;

c. Special Commercial Courts

2. Appeal by Petition for Review from:

a. Petition for Review, R. 43, ROC; and

b. Petitions for review, R. 42, ROC.

 JURISDICTION OF THE REGIONAL TRIAL
COURT

A. ORIGINAL
1. Exclusive
a. Actions in which the subject of the litigation is
incapable of pecuniary estimation;
b. Actions involving title to or possession of real property
or an interest therein, where the assessed value of such
property exceeds P20, 000 or in Metro Manila, P50, 000,
except forcible entry and unlawful detainer;
c. Actions in admiralty and maritime jurisdiction where
the demand or claim exceeds P300, 000 or , in Metro
Manila, P400,000;
d. Matters of probate, testate or intestate, where the gross
value of the state exceeds P300, 000 or, in Metro
Manila, P400, 000;

e. Actions involving marriage and marital relations;

f. Cases not within the exclusive jurisdiction of any court,

tribunal, person or body exercising judicial or quasi-
judicial functions; (e.g., boundary disputes between
municipalities and an independent component city;
Municipality of Kananga v. Madrona, G.R. No. 14135,
30 April 2003);
g. Other cases where the demand, exclusive of interest, damages,
attorney’s fees, litigation expenses and costs, or the value of the
property exceeds P300, 000 or, in Metro Manila, P400, 000.

h. Actions for annulment of MTC judgments;

i. Actions for recognition and enforcement of arbitration agreement,

vacation or modification of arbitration award, application for
arbitration award and supervision;

j. Citizen suit under Section 41 of the Clean Air Act;

k. Petition for assistance in the liquidation of a bank or quasi-bank

filed by a receiver pursuant to Section 30 of the New Central
Bank Act.
 FAMILY COURTS

 Petitions for guardianship, custody of children, and habeas corpus

in relation to the latter;

 Petitions for adoption of children and revocation thereof;

 Complaints for annulment or nullification of marriage, those

relating to marital status and property relations of spouses of those
living together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains;

 Petitions for support and/or acknowledgment;

 Summary judicial proceedings brought under the Family Code.

 SPECIAL COMMERCIAL
COURTS

 Cases involving violations of intellectual Property

rights;

 Cases enumerated under Section 5 of PD 902-A.

9Fraud scheme cases, intra-corporate disputes,
election cases, petitions for suspension of payments
and/or rehabilitation proceedings).
2. CONCURRENT

a. With the Supreme Court

1. Actions affecting ambassadors, other public
ministers and consuls;

b. With the Supreme Court and Court of Appeals

1. Petitions for certiorari, prohibition, or mandamus

against lower courts and bodies; and

2. Petitions for habeas corpus and quo warranto.

c. With the Supreme Court, Court of Appeals and
Sadiganbayan.

1. petitions for writ of amparo and writ of habeas

data.
B. APPELLATE

 All cases decided by the MTC’s in their respective

territorial jurisdiction.
 JURISDICTION OF THE
MUNICIPAL TRIAL COURTS
1. ORIGINAL
A. Exclusive

1. Actions involving personal property whose value

does not exceed P 300, 000 or, in Metro Manila, P400,
000;

2.Actions demanding sums of money not

exceeding P300, 000 or, in Metro Manila P 400, 000,
exclusive of interest, damages, attorney’s fees,
litigation expenses, and costs;
 Actions in admiralty and maritime jurisdiction where the
demand or claim does not exceed P300, 000 or, in Metro
Manila, P400, 000, exclusive of interest, damages,
attorney’s fees, litigation expenses, and costs;
 Probate proceedings, testate or intestate, where the gross
value of the estate does not exceed P 300, 000 or, in Metro
Manila, O400, 000;
 Forcible entry and unlawful detainer cases;
 Actions involving title to or possession real property or any
interest therein, where the assessed value does not exceed
P20, 000 or, in Metro Manila P50, 000, exclusive of interest,
damages, attorney’s fees, litigation expenses, and costs.
NOTE: The MTC has concurrent jurisdiction with the
Insurance Commissioner in cases where the amount in
any single claim against the insurer, excluding interest,
costs, and attorney’s fees, does not exceed P100, 000.
Sec. 416, Insurance Code.
b. DELEGATED

 Cadastral or land registration cases covering lots

where there is no controversy or opposition, or
contested lots the value of which does not exceed P
100, 000.
c. Special

 Petitions for habeas corpus in the absence of all the

Regional trial Court Judges in the province or City.
d. Summary Procedure

 Forcible Entry and unlawful detainer cases irrespective

of the amount of damages or unpaid rentals sought to
be recovered; and

 All other court cases except probate proceedings,

where the total claim does not exceed P100, 000 or in
Metro Manila, P200, 000 exclusive of interest.
 JURISDICTION OF
SANDIGANBAYAN IN CIVIL
CASES

EXCLUSIVE, ORIGINAL:

• Civil cases filed pursuant to Executive Order

Nos. 1, 2, 14 and 14-A issued in 1986.
(PCGG cases for forfeiture of ill-gotten
wealth).
 Concurrent Original
with Supreme Court

 Petitions for certiorari, prohibition, mandamus, whether

or not in aid of its appellate jurisdiction (Section 4, Rule
65);

 Petitions for habeas corpus, injunctions, and ancillary

writs in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto in
PCGG cases.
 Concurrent Original
with SC, CA, and RTC

 Petition for writ of amparo and writ of habeas data

 Important Matters
on Jurisdiction
 Jurisdiction distinguished from Exercise of Jurisdiction

• Jurisdiction is conferred by substantive law while exercise of

jurisdiction, unless otherwise provided by law itself, is governed
by the Rules of Court or by orders issued from time to time by
the Supreme Court;

• Jurisdiction refers to the authority to decide a case while the

decision of all other questions arising from in the case is but an
exercise of jurisdiction.
Jurisdiction over the “Subject Matter” is not
to be confused with the term “Subject
Matter of the Action”
 Jurisdiction over the subject matter means the
nature of the cause of action and of the relief sought,
and this is conferred by sovereign authority which
organized the court and defines its powers.

 Subject matter of the action, ordinarily is the property

or thing is dispute.
 When Capable of Pecuniary
Estimation?

 It has been held that from B.P. 129, as amended by RA

7691, that what must be determined to be capable or
incapable of pecuniary estimation is not the cause of
action, but the Subject Matter of the Action (physical
facts, the thing real or personal, the money, lands, chattels,
and the like, in relation to which the suit is prosecuted,
and not the delict or wrong committed by the defendant).
Iniego vs. Judge Purganan, G.R. No. 166876, March
24, 2006.
 In the case of Lapitan vs. Scandia,Inc., 24 SCRA 479
(1968), holding that: If it is primarily for the recovery of
sum of money, it is capable of pecuniary estimation.
Where the basic issue is something other than the right
to recover of sum of money or is purely incidental to or
as consequence of the principal relief sought like
specific performance, action for support or for
annulment of contract, it is NOT capable of pecuniary
estimation.
 To be continued…