JURISDICTION A. JUDICIAL POWER (Constitution) Article VIII, Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. 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. Note – General rule: A court is without power to directly decide matters over which full discretionary authority has been delegated to the legislative or executive branch of the government. Exception: May look into the question of whether such exercise has been made in grave abuse of discretion • Proper exercise of the authority requires legislative

action: (1) defining such enforceable & demandable rights

&/or prescribing remedies for violations thereof; (2) determining the court with jurisdiction to hear

and decide said controversies or disputes, in the first instance of on appeal

Classes of courts

(1) Courts of general jurisdiction – Competent to decide their own jurisdictions & to take cognizance of all causes, civil & criminal, of a particular nature Courts of special jurisdiction – Incompetent to decide their own jurisdiction & take cognizance only of a few specified matters

(2) Courts of original jurisdiction – Those wherein a cause arises Courts of appellate jurisdiction – Those wherein it is reviewed

(3) Courts of law – Administer justice according to the laws of the land Courts of equity – Administer justice according to the rules & principles of equity or conscience

(4) Courts of record Courts not of record

(5) Civil courts – Determining controversies between private parties Criminal courts – Adjudicating offenses alleged to have been committed against the state

(6) Superior courts – Exercising both original & supervisory jurisdiction Inferior courts – Having very limited jurisdiction, their decisions being subject to review by higher tribunals

(7) Constitutional courts –

Owe their existence from the Constitution Statutory courts – Created by statute, although their creation may be mandated by the Constitution (e.g. Sandiganbayan)

Courts & judges, distinguished Courts – entity possessing a personality separate & distinct from the men who compose or sit on it Note – As courts are creatures of statutes & their existence depends upon that of laws which create & confer upon them their jurisdiction, such laws, not being of political nature, are not abrogated by a change of sovereignty & continue in force ex proprio vigore unless & until repealed by legislative acts. Courts-martial are not inferior courts under the Constitution (Constitution) Article VIII, Section 5. The Supreme Court shall have the following powers: (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: (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. Courts-martial – agencies of executive character, and one of the authorities “for the ordering of courts-martial has been held to be attached to the constitutional functions of the President as Commander-in-Chief, independently of legislation” General rule: They are not a portion of the judiciary, including – military commissions or tribunals, hence the above provision does not apply to them Exceptions: 1. They are a court under the following provision – Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. 2. A conviction by a military tribunal of the offense of illegal possession of unlicensed firearm used in parricide bars a subsequent prosecution in a civil court of parricide on the ground of double jeopardy Extent of jurisdiction of civil courts over courts-martial & military commissions or tribunals General rule: Not open to review by the civil tribunals Exception: Purpose of ascertaining –

1. whether the military court had jurisdiction of the person & subject matter

2. whether it had exceeded its powers in the sentence pronounced

B. QUASI-COURTS OF JUSTICE 1. Constitutional Commissions (3) a. Civil Service Commission - appealable to Court of Appeals (CA) (Sec. 9 of RA 7902 (1995)) - central personnel agency of the government - encompasses all branches, subdivisions, instrumentalities and agencies of the government, including government owned and controlled corporations with original charters - composition – • Chairman • 2 commissioners

o natural born citizens of the Philippines o at the time of their appointment, at least 35

years of age o proven capacity for public administration o not candidates for any elective position in

the elections immediately preceding their appointment

- positions in the Civil Service - (1) Primarily confidential (2) Highly technical (3) Policy determining Civil Service Commission’s disciplinary jurisdiction does not extend to court personnel. The Supreme Court has administrative supervision over all courts and its personnel. b. Commission on Elections Composition : Chairman & 6 Commissioners

1. natural born citizens 2. At the time of their appointment, at least 35

years of age 3. Holders of college degree 4. Must not have been candidates for any elective

position in the immediately preceding elections 5. Majority, including the Chairman, shall be

members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years

Note – Decisions, final orders, or rulings of the COMELEC on election contests involving elective municipal and barangay offices shall be final, executory and not appealable. c. Commission on Audit - Supreme Court on certiorari Composition - Chairman and two Commissioners - Natural - born citizens of the Philippines - at least 35 years of age - CPAs with not less than 10 years of auditing experience OR members of the Philippine Bar who have been engaged 2. Quasi-Judicial Agencies (19) a. Civil Service Commission b. Central Board of Assessment Appeals (now – appealable to CTA) c. Securities & Exchange Commission d. Office of the President e. Land Registration Authority f. Social Security System g. Civil Aeronautics Board h. Intellectual Property Office i. National Electrification Administration j. Energy Regulatory Commission k. National Telecommunications Commission l. Department of Agrarian Reform

m. Government Service Insurance System n. Employees Compensation Commission o. Insurance Commission p. Philippine Nuclear Research Institute q. Board of Investments r. Construction Industry Arbitration

Commission s. Voluntary Arbitrators authorized by Law a. Central Board of Assessment Appeals Composition 1. Chairman & 2 members 2. appointed by the president 3. Serve for a term of 7 years, without reappointment 4. At least 40 years old at the time of appointment 5. Filipino citizens 6. Members of the Bar or CPAs for at least 10 years immediately preceding their appointment Any owner or person having legal interest in the property who is not satisfied with the action of the provincial, city or municipal assessor in the assessment of his property may, within 60 days from the date of receipt of the written notice of assessment, appeal to the Board of Assessment Appeals of the province or city. Decision of Local Board may within 30 days after receipt of the decision of the Board, appeal to the CBAA The decision of CBAA shall be final and executory. Decision of the CBAA shall be made by filing a Petition for review with the CTA within 30 days from receipt of the decision or ruling of the CBAA. c. Securities and Exchange Commission Composition - Chairperson & 4 Commissioners - appointed by the President - term of 7 years each Note – The SEC’s jurisdiction over all cases enumerated under Section 5 of PD 902A has been transferred to the Courts of general jurisdiction or the RTCs. d. Office of the President Composition 1. Office of the President Proper

a. Private office b. Executive office c. Common Staff Support System d. Presidential Special Assistants/Advisers System

2. agencies under it Special powers –

1. power to deport aliens subject to the requirements of due process

2. power to change the status of nonimmigrants by allowing them to acquire permanent residence status without necessity of visa

e. Land Registration Authority - more efficient execution of the laws relative to the registration of lands, geared to the massive and accelerated land reform and social justice program of the government - executive supervision of the DOJ Composition - Administrator & 2 Deputy Administrators - appointed by the President upon the recommendation of the Secretary of Justice

f. Social Security System Composition - Secretary of Labor & Employment or his duly designated Undersecretary - SSS President - 7 appointive members - 3 of whom shall represent the worker’s group - at least one woman - 3 from the employers’ group - 1 from the general public whose representative shall have adequate knowledge & experience regarding social security - 6 from workers & employers shall be chosen from among the nominees of workers & employers orgs g. Civil Aeronautics Board Composition 1. Secretary of Transportation & Communication or representative (Chairman) 2. Assistant Secretary for Air Transportation of DOTC (Vice-Chairman) 3. Commanding General of the Philippine Air Force 4. 2 members to be appointed by the President of the Philippines h. Intellectual Property Office Composition Director General 2 Deputies Director General 6 Bureaus – 1. Bureau of Patents 2. Bureau of Trademarks 3. Bureau of Legal Affairs 4. Documentation, Information & Technology Transfer Bureau 5. Management Information System & EDP Bureau 6. Administrative, Financial & Personnel Services Bureau Qualifications 1. Natural born citizens 2. At least 35 years of age on the day of their appointment 3. Holders of a college degree 4. Proven competence, integrity, probity and independence 5. Director General & at least 1 Deputy Director General – members of the bar who have engaged in the practice of law for at least 10 years i. National Electrification Administration : authorized, empowered and directed to promote, encourage and assist public service entities, particularly cooperatives, to the end of making service available throughout the nation on an area coverage basis as rapidly as possible : supervise and control electric cooperatives : NEA is under the supervision of the Department of Energy j. Energy Regulatory Commission

Chapter 2 ORGANIZATION OF COURTS

A. SUPREME COURT Composition

• Chief Justice • 14 Associate Justices

May sit either en banc or in its discretion, in divisions of three, five or seven members Qualifications

1. Natural born citizen of the Philippines someone who was a citizen at birth with no need to go through a naturalization proceeding at some later time

2. At least 40 years of age 3. 15 years or more been a judge of a lower court

or engaged in the practice of law in the Philippines

4. Person of proven competence, integrity, probity and independence

Appointment

• Appointed by the PRESIDENT • AT LEAST 3 nominees • Prepared by the JUDICIAL & BAR COUNCIL • The appointments need no confirmation • Any vacancy shall be filled within 90 days from

the occurrence thereof

Cases which must be heard en banc (IMPORTANT)

1. All cases involving the constitutionality, application, or operation of a treaty, international or executive agreement or law, executive order, presidential decree, proclamation, order, instruction, ordinance in question

2. All cases which under the Rules of Court are required to be heard en banc

3. Cases heard by a division when the required majority in the division is not obtained

4. Cases where the Supreme Court modifies or reverses a doctrine or principle of law previously laid down en banc or in division

5. Administrative cases involving the discipline or dismissal of judges of lower courts

6. All contests relating to the elections, returns and qualifications of the President or Vice President

7. Criminal cases in which the appealed decision imposes the death penalty or reclusion perpetua

8. Cases raising novel questions of law 9. cases affecting ambassadors, other public

ministers and consuls 10. cases involving decisions, resolutions or orders

of the Civil Service Commission, COMELEC and COA

11. Cases where the penalty recommended or imposed is the dismissal of a judge, the disbarment of a lawyer, the suspension of any of them for a period of more than one (1) year or a fine exceeding P40,000 or both

12. Cases covered by paragraph (6) and involving the reinstatement in the judiciary of a dismissed judge, the reinstatement of a lawyer in the roll of attorneys or the lifting of a judge’s suspension or a lawyer’s suspension from the practice of law

13. Cases involving the discipline of a member of the court, or a presiding justice, or any associate justice of the collegial appellate courts

14. Cases involving conflicting decision of 2 or more divisions

15. Cases where 3 votes in a division cannot be obtained

16. Division cases where the subject matter has a huge financial impact on businesses or affects the welfare of a community

17. Other division cases that, in the opinion of at least 3 members thereof, who are voting and present, are appropriate for transfer to the Court en banc

18. Cases that the Court deems of sufficient importance to merit its attention

19. All matters involving policy decision in administrative supervision of all courts and their personnel

IMPORTANT!!! The Supreme Court en banc is not an appellate tribunal to which appeals from a division of the Court may be taken. A decision of the Supreme Court’s division is as authoritative and final as a decision of the Court en banc. However, under the Constitution, only the Court en banc may modify or reverse a doctrine or principle of law laid down by the Court in a decision rendered en banc or in division. Votes required to decide a case heard en banc General Rule: Concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon Exception: To impose the death penalty or to affirm the sentence of death of the trial court, majority of 8 votes of the Supreme Court sitting en banc is required. Otherwise, the penalty of reclusion perpetua shall be imposed.

Note – The death penalty shall NOT be imposed when the guilty person is below 18 years of age at the time of the commission of the crime or is more than 70 years of age, in which cases, the applicable penalty is reclusion perpetua. Votes needed to decide a case in division Concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least 3 of such members.

B. COURT OF APPEALS Composition

1. Presiding Justice 2. 68 Associate Justices, appointed by the

President 3. Sit in 23 divisions of 3 justices each

Qualifications Same qualifications as those provided in the Constitution for Justices of the Supreme Court Appointment, Vacancy in Office of the Presiding Justice, compensation and tenure of office Same as the Supreme Court Removal from office Supreme Court en banc shall have the power to discipline the members of the Court of Appeals, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon Place of holding sessions A. First 17 divisions (cases coming from 1st to 5th Judicial Regions) - Manila B. 18 – 20 (cases coming from 6th to 8th judicial regions) – Cebu City C. 21- 23 (cases coming from 9th to 12th judicial regions) – Cagayan de Oro City Note – Whenever demanded by public interest or whenever justified by an increase in case load, the SC, upon its own initiative or upon recommendation of the Presiding Justice of the CA, may authorize any division of the court to hold sessions periodically, or for such periods and at such places as the Supreme Court may determine. Quorum Majority of the actual members of the Court shall constitute a quorum for its session en banc. 3 members shall constitute a quorum for the sessions of a division. The unanimous vote of the 3 members of a division shall be necessary for the pronouncement of a decision or final resolution. In the event that the 3 do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation (through raffle) of 2 additional Justices to sit temporarily with them, forming a special division of 5 member and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. JURISDICTION OF THE COURT OF APPEALS (Section 9 of BP 129, as amended by RA 7902) I. ORIGINAL JURISDICTION

A. Original jurisdiction (concurrent with the SC and RTCs against lower courts or bodies & NLRC) To issue writs of mandamus, prohibition, certiorari, habeas corpus and quo warranto & auxiliary writs of processes, whether or not in aid of its appellate jurisdiction

B. Original & Concurrent with the Supreme Court 1. Petitions for the issuance of writs of

certiorari, prohibition & mandamus against the following –

a. NLRC (but filed first with CA) b. CSC c. Quasi-judicial agencies (filed first

with CA)

d. RTCs and Lower Courts

2. Petitions for the issuance of a writ of kalikasan

C. Original & Concurrent with the Supreme Court, Sandiganbayan & the RTC 1. Petition for a writ of amparo 2. Petition for a writ of habeas data

D. Original & Concurrent with the Supreme

Court & the RTC 1. Petitions for habeas corpus & quo warranto 2. Petitions for the issuance of writs of

certiorari, prohibition and mandamus against lower courts & bodies

3. Petitions for the issuance of writ of continuing mandamus in environmental cases

E. Exclusive original jurisdiction

Actions for annulment of judgments of the Regional Trial Courts Grounds – 1. Extrinsic fraud 2. Lack of jurisdiction

II. APPELLATE JURISDICTION

F. Exclusive appellate jurisdiction A. Ordinary Appeal by Notice of Appeal or

Record on Appeal 1. Appeals from the judgments, decisions

or final orders of the RTC in the exercise of its original jurisdiction EXCEPT –

In all cases where only questions of law are raised or involved, which are appealable to the SC by petition for review on certiorari in accordance with Rule 45 of the Rules of Court

2. Appeals from the RTC on constitutional,

& jurisdictional questions which involve questions of fact & should be appealed first to the CA

3. Appeal from decisions & final orders of the Family Courts

B. Appeal by Petition for review 1. Regular – : appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction 2. Special - (a) Appeals from the Civil Service Commission (b) Awards, final judgments, decisions, resolutions, orders or awards of the RTCs and quasi-judicial agencies, instrumentalities, boards or commissions including – 1. Securities & Exchange Commission 2. Office of the President 3. Land Registration Authority 4. Social Security System 5. Civil Aeronautics Board 6. Intellectual Property Office 7. National Electrification Administration 8. Energy Regulatory Commission 9. National Telecommunications Commission 10. Department of Agrarian Reform 11. Government Service Insurance System 12. Employees Compensation Commission 13. Insurance Commission 14. Philippine Atomic Energy Commission 15. Board of Investments 16. Construction Industry Arbitration

Commission

17. Voluntary Arbitrators authorized by law 18. Ombudsman, in administrative disciplinary

cases 19. National Commission on Indigenous

Peoples Note – From the judgments or final orders or resolutions of the Court of Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in the Rule 45 of the Rules of Court Now – Under RA 9282 – judgments & final orders of the CTA en banc are now directly appealable to the Supreme Court under Rule 45 of the Rules of Court Power to receive evidence CA shall have the power to try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases falling within its original & appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within 3 months, unless extended by the Chief Justice

C. THE REGIONAL TRIAL COURTS Creation and Organization > 13 Judicial Regions Qualifications

1. Natural-born citizen of the Philippines 2. At least 35 years of age 3. At least 10 years has been engaged in the

practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.

4. Proven competence, integrity, probity and independence

Appointment

Ø Appointed by the President from a list of at least 3 nominees prepared by the Judicial & Bar Council for every vacancy & such appointments need no confirmation

Jurisdiction of the Regional Trial Courts (1) Exclusive original jurisdiction (a) matters incapable of pecuniary estimation, such as rescission of contract (b) title to, possession of, or interest in, real property with assessed value exceeding P20,000 (outside Metro Manila), or exceeds P50,000 in Metro Manila, except:

Ø Actions for forcible entry into & unlawful detainer of lands or of buildings (MTCs)

(c) probate proceedings where the gross value of the estate exceeds P300,000 outside MM or exceeds P400,000 in MM (d) admiralty or maritime cases where the demand or claim exceeds P300,000 outside MM or exceeds P400,000 in MM (e) Action involving the contract of marriage and marital relations (f) cases not falling within the jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions (g) civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile & Domestic Relations Court and the Special Agrarian Courts as now provided by law (h) other cases in which the demand, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs or the value of the property in controversy, exceeds 300,000 or in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds 400,000 (i) other actions involving property valued at more than P300,000 outside MM or more than P400,000 in MM (2) criminal cases not within the exclusive jurisdiction of the Sandiganbayan (3) Original and exclusive jurisdiction to hear and decide intra-corporate controversies: (a) Cases involving devises or schemes employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the SEC (b) Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation , partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity (c) Controversies in the election or appointments of

directors, trustees, officers or managers of such corporations, partnerships or associations (d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee. (4) Concurrent and original jurisdiction (a) with the Supreme Court in actions affecting ambassadors, other public ministers and consuls (b) with the SC and CA in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto, habeas corpus, and writ of continuing mandamus on environmental cases (c) with the SC, CA and Sandigabayan in petitions for writs of habeas data and amparo (5) Appellate jurisdiction over cases decided by lower courts in their respective territorial jurisdictions Test for determining whether or not the subject is capable of pecuniary estimation : Ascertain the nature of the principal action or remedy sought is adopted If primarily for the recovery of a sum of money – The claim is considered capable of pecuniary estimation And whether jurisdiction is vested in the inferior courts or in the RTC would depend on the amount of the claim BUT – 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, the action is exclusively cognizable by the RTCs. Examples –

1. Action for the annulment of a deed of declaration of heirs and for partition of a parcel of land worth 5,000 (The partition is only incidental to the main action)

2. Action for expropriation, regardless of the value of the subject property

3. Specific performance 4. Support 5. Foreclosure of mortgage 6. Annulment of judgment 7. Actions questioning the validity of a mortgage 8. Annulment of judgment 9. Actions questioning the validity 10. Annulment a deed of sale or conveyance & to

recover the price paid 11. Rescission 12. Action for abatement of private nuisance, even if

the plaintiff prays for damages In foreclosure of mortgage, the court of appropriate jurisdiction depends upon both the value of mortgaged property, real or personal, and the amount of mortgage debt being recovered. If one amount is within the jurisdiction of the regional trial court and the other is within that of the inferior court, the regional trial court has jurisdiction. Note – 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.

Jurisdiction in Criminal Cases Exclusive & jurisdiction

1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or body

2. Those where the penalty provided by law exceeds 6 years imprisonment irrespective of the fine

3. Those not falling under the original jurisdiction of the Sandiganbayan where none of the accused are occupying positions corresponding to salary grade 27 or higher or military and PNP officers occupying the rank of superintendent or higher or their equivalent

4. Those where the only penalty provided by law is a fine exceeding 4,000

5. Involving violations of the Comprehensive Dangerous Drugs Act of 2002

6. Those involving violence against women and children as defined under Section 5 of the Anti-Violence Against women and their children act of 2004

7. Those involving violations of the Comprehensive Agrarian Reform Law (CARL)

8. Involving violations of the Omnibus Election Code

9. Action for recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or modification of an arbitral award, and any application with a court for arbitration assistance & supervision

10. Actions for determination of just compensation to land under the CARL

Concurrent jurisdiction

1. CA & SC - Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions, writ of continuing mandamus in environmental cases

2. Supreme Court – Actions affecting ambassadors and other public ministers & consuls

3. Insurance Commissioner – claims not exceeding 100,000 (only if the subject of the action is not capable of pecuniary estimation. If not – concurrent with the MeTC)

4. SC, CA & Sandiganbayan – writ of amparo, petition for a writ of habeas data

Appellate jurisdiction

1. Cases decided by the Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts in their respective territorial jurisdictions

Such decision of the RTC in such cases shall be appealable by petition for review to the Court of Appeals which may give it due course only –

Ø when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed

Special jurisdiction

1. Criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies

2. Such other cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice

JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS Exclusive & original Civil cases

1. Civil actions & probate proceedings, testate & intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does NOT exceed 300,000 or in MM 400,000, exclusive of (IDALEC) interest, damages of whatever kind, attorney’s fees, litigation expenses & costs [amount must be specifically alleged, this will be included in the determination of filing fees].

2. Admiralty & maritime cases where the demand or claim does not exceed 300,000 or in MM 400,000

Where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action irrespective of whether the causes of action arose out of the same or different transactions.

3. Cases of forcible entry & unlawful detainer [issue of ownership shall be resolved only to determine the issue of possession]

4. Civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value

Chapter 3 JURISDICTION Jurisdiction and its exercise : authority to hear and determine a cause or right to act in a case Error of judgment v error of jurisdiction Error of judgment –

1. one which the court may commit in the exercise of its jurisdiction

2. reviewable on appeal Error of jurisdiction –

1. renders an order or judgment void or voidable 2. are reviewable on certiorari

Classes of jurisdiction 1. A. General – extends to all controversies which may be brought before a court within the legal bounds of rights and remedies B. Limited/special – particular causes or can be exercised only under the limitations and circumstances prescribed by the statute

Elements of jurisdiction A. CIVIL CASES 1. jurisdiction over the subject matter 2. jurisdiction over the parties 3. jurisdiction over the res* (if jurisdiction over the defendant cannot be acquired) *required where the defendant does not reside and is not found in the Philippines applies when - (a) the action affects the personal status of the plaintiff residing in the Philippines. (example – court can declare the marriage void or can decree legal separation, but it cannot declare a judgment in personam, like one for support or damages, unless the defendant voluntarily appears) Note – Rule 14, Section 15. Extraterritorial service. — When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under section 6; or by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court shall be sent by registered mail to the last known address of the defendant, or in any other manner the court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer. (17a)

- The foregoing provision is NOT for the purpose of acquiring jurisdiction over the person of the defendant but for complying with the requirements of procedural due process

(b) when the action relates to, or the subject of which involves property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent Note – In this case, the judgment will be limited to the res, there can be no deficiency judgment (c) when the relief demanded in the action consists, wholly or in part, in excluding the defendant from any interest in property located in the Philippines, or when the non-resident defendant’s property has been attached within the Philippines. B. CRIMINAL CASES 1. Subject matter of the offense 2. Territory wherein one of the essential ingredients of the offense took place 3. Parties Note – In private crimes, jurisdiction is acquired by means of the complaint filed by the private offended party (as a condition precedent). In civil cases, venue may be subject of stipulation and improper venue may be waived.

In criminal cases, venue is jurisdictional. The Supreme Court, however may, in the interest of justice, change the venue of trial in criminal cases. General Rule: In transitory or continuing offenses, like estafa, the courts of the different places where the essential ingredients of the offense took place, exercise CONCURRENT JURISDICTION Exceptions:

1. cases falling under the jurisdiction of the Sandiganbayan

2. Libel a. court of the place where the libelous

material is printed and first published b. where any of the offended parties actually

resides c. in the case of a public officer, where he

holds office at the time of the commission of the offense

Jurisdiction over the accused is acquired by:

1. Arrest; or 2. Voluntary submission

Note – If the accused is a fugitive from justice, the court cannot proceed with a trial in absentia unless the accused has previously been arraigned. Private crimes

(1) Adultery & concubinage – complaint must be signed by the offended spouse only

(2) Seduction, abduction and acts of lasciviousness – complaint must be signed by the offended party, or her parents, grandparents, or guardian If the offended party is a minor, she may file the complaint but her parents may file it even against her will. If of age and not incapacitated, only she can file the complaint. The State may also file the complaint in the exercise of its parens patriae in case the offended party dies or becomes incapacitated before she could file the complaint & in the absence of the offended party’s parents, grandparents or guardian.

Note – Rape is no longer a private crime, it is now classified as a crime against persons.