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ME MORY AI D
ATENEO CENTRAL BAR OPERATIONS 2002
2.
1
2Cases involving the jurisdiction of lower courts;
3
4All criminal cases in which the penalty imposed is reclusion perpetua or higher;
5
6All cases in which only an error or question of law is involved.
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ATENEO CENTRAL BAR OPERATIONS 2002
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9In all cases not within the exclusive jurisdiction of any court, tribunal, person or
body exercising jurisdiction;
10
11In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of
Agrarian Relations as now provided by law; and
12
13In all 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 P200,000/P400,000;
B. CRIMINAL CASES
All criminal cases not within the exclusive jurisdiction of any court,
tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan.
N.B. RTC has jurisdiction over criminal cases where the penalty imposable:
0
1Exceeds 4 years 2 mos 1 day imprisonment, irrespective of fine
2
3Exceeds fine of P4000, if only a fine is imposable
Manzano vs. Valera
Libel is punishable by prision correcional in its minimum and medium
periods. R.A. 7691 places jurisdiction over criminal cases where the penalty
is 6 years or less with the MTCs. However, Art. 360 of the RPC gives
jurisdiction over libel cases to the RTC. Special law (RPC) must prevail over
general laws (RA 7691). Also, from the provisions of R.A. 7691, there is no
manifest intent to repeal or alter the jurisdiction in libel cases.
0II. ORIGINAL
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1One or more of the accused is below eighteen (18) years of age but not less
than nine (9) years of age, OR
2
3One or more of the victims is a minor at the time of the commission of the
offense.
Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred. The sentence,
however, shall be suspended without need of application pursuant to the "Child and
Youth Welfare Code";
1
2Petitions for guardianship, custody of children, habeas corpus in relation to the
latter;
3
4Petitions for adoption of children and the revocation thereof;
5
6Complaints [for]:
0Annulment of marriage
1Declaration of nullity of marriage
2Those relating to marital status and property relations of:
0Husband and wife OR
1Those living together under different status and agreements, AND
3Petitions for dissolution of conjugal partnership of gains;
7
8Petitions for support and/or acknowledgment;
9
10Summary judicial proceedings brought under the provisions of the "Family Code of
the Philippines";
11
12Petitions for:
0Declaration of status of children as
0Abandoned
1Dependent OR
2Neglected children
1Voluntary or involuntary commitment of children;
2The suspension, termination, or restoration of parental authority and other
cases cognizable under "Child and Youth Welfare Code", Executive Order No.
56, (Series of 1986), and other related laws;
13
14Petitions for the constitution of the family home;
15
16Cases against minors cognizable under the Dangerous Drugs Act, as amended;
17Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
18
19Cases of domestic violence against:
0Women
Acts of gender based violence that results, or are likely to result in physical,
sexual or psychological harm or suffering to women; and other forms of
physical abuse such as battering or threats and coercion which violate a
woman's personhood, integrity and freedom of movement; AND
Children
Includes the commission of all forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other conditions prejudicial to their
development.
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ATENEO CENTRAL BAR OPERATIONS 2002
AND THE
A. EXCLUSIVE ORIGINAL
1. CIVIL CASES
0
1Civil actions and probate proceedings, testate and intestate, including the
grant of provisional remedies where the demand, exclusive of interest,
damages, attorneys fees and costs, does not exceed P100,000/200,000.
2
3Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer; issue of ownership resolved only to determine issue of
possession.
After lapse of 1 year, MTC loses jurisdiction, and case becomes one for
recovery of possession de jure (accion publicicana), although MTC may still
have jurisdiction if value of property does not exceed P20,000/50,000.
4
5Actions involving personal property valued at not more than P100,000/200,000.
6
7Actions involving title or possession of real property where the assessed
value does not exceed P20,000/50,000.
2. CRIMINAL CASES
Violations of city or municipal ordinances.
All offenses punishable with not more than 4 years 2 mos 1 day imprisonment,
irrespective of fine.
All offenses punishable by only a fine of not more than P4,000.
Offenses involving damage to property through criminal negligence.
3. ELECTION CASES
Offense of failure to register or failure to vote.
0
Election contests for barangay offices.
1
B. DELEGATED JURISDICTION in cadastral and land registration cases covering:
1. Lots where there is no controversy or opposition; OR
2. Contested lots the value of which does not exceed P100,000.
decisions of the MTC in these cases are appealable to the CA
SUMMARY PROCEDURE
0
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ATENEO CENTRAL BAR OPERATIONS 2002
CASES APPLICABLE
A. CIVIL CASES
0
1All cases of forcible entry and unlawful detainer irrespective of amount of
damages or unpaid rentals; without question of ownership; attorneys fees not
exceeding P20,000 if quieting of ownership; resolved to determine question of
possession.
2
3Other civil cases EXCEPT probate proceedings, where the total amount of the
claim does not exceed P10,000, exclusive of interest and cost.
4
B. CRIMINAL CASES
0
1Violation of traffic laws, rules, regulations
2
3Violation of rental laws
4
5Violations of city or municipality ordinances
6
7All other criminal cases where the penalty does not exceed 6 months or a
fine of P1000 or both, irrespective of other imposable penalties or of the
amount of civil liability
8
9Damage to property through criminal negligence where the fine does not
exceed P10,000.
1
0PROHIBITED PLEADINGS AND MOTIONS
0
1Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter
or
2
3failure to comply with Katarungang Pambarangay (LGC) requirements
4
5Motion for bill of particulars
6
7Motions for new trial, reconsideration, re-opening
8
9Petition for relief from judgment
10
11Motion for extension of time to file pleadings, affidavits
12
13Memoranda
14
15Petition for certiorari, mandamus, and prohibition against any interlocutory
order issued by the court
16
17Motion to declare defendant in default
18
19Dilatory motion for postponement
20
21Reply
22
23Third-party complaints
24
25Motion for intervention
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JURISDICTION
1991)
OF THE
THE
OF
1. 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:
0
1There has been a confrontation between the parties before the lupon chairman
or pangkat, AND
2
3That no conciliation or settlement has been reached as certified by the
lupon/pangkat secretary as attested to by lupon chairman or pangkat chairman,
or unless such settlement has been repudiated by the parties thereto
4
2. Disputes subject to Conciliation Requirement: All disputes between parties actually
residing in the same city or municipality
HOWEVER, the court in which non-criminal cases not falling within the authority
of the Lupon may, at any time before trial, refer the case to the lupon for
amicable settlement.
3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93)
0
1Where one party is the government, or any subdivision or instrumentality thereof;
2
3Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
4
5Where the dispute involves real properties located in different cities and municipalities,
unless the parties thereto agree to submit their difference to amicable settlement by an
appropriate Lupon;
6
7Any complaint by or against corporations, partnerships or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants
or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
8
9Disputes involving parties who actually reside in barangays of different cities or
municipalities, EXCEPT:
0
1Where such barangay units adjoin each other, AND
2
3The parties thereto agree to submit their differences to amicable settlement by
an appropriate Lupon;
10
11Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
one (1) year or a fine over five thousand pesos (P5,000.00);
12Offenses where there is no private offended party;
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14Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
0
1Criminal cases where accused is under police custody or detention;
2
3Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of his liberty or one acting
in his behalf;
4
5Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action; AND
6
7Actions which may be barred by the Statute of Limitations.
15
16Any class of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice;
17
18Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
(Sections. 46 & 47, R.A. 6657);
19
20Labor disputes or controversies arising from employer-employee relations (Montoya
vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants
original and exclusive jurisdiction over conciliation and mediation of disputes, grievances
or problems to certain offices of the Department of Labor and Employment);
21
22Actions to annul judgment upon a compromise, which may be filed directly in court.
23
5. VENUE OF PROCEEDINGS:
Situation
Parties reside in same barangay
Parties reside in different barangays
Venue
That barangay
Barangay where respondent, or any of the
respondents, actually resides, at the option
of the complainant
Disputes involving real property or interest Barangay where property is situated
therein
Disputes arising at the workplace where Barangay where such workplace or
the contending parties are employed, or at institution is located
the institution where such parties are
enrolled for study
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Complainant pays appropriate filing fees, and shall complain, orally or in writing,
to the lupon chairman of the barangay;
Lupon chairman shall make attempts at mediation; if he fails within 15 days from
date of first meeting, he shall set a date for the constitution of a pangkat ng
tagapagsundo (3 members; chosen by the parties from the list of the members of
the lupon)
Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. Within 15 days
from the day it convenes, it shall arrive at said settlement or resolution of the
dispute.
During the 15-day period when the dispute is under mediation, the prescriptive
periods for offenses, and for causes of action shall be interrupted upon filing of
the complaint with the punong barangay. Said interruption shall not exceed 60
days from said filing.
In all proceedings, parties must appear in person without the assistance of
counsel or representatives, EXCEPT for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.
7. Amicable settlement shall have the force and effect of a final judgment upon the
expiration of 10 days from date of amicable settlement, unless:
a. It is repudiated, or
0
1Repudiation must be done within 10 days, by filing a sworn statement with the
lupon chairman;
2
3The grounds for repudiation are vitiation of consent by fraud, violence or
intimidation;
4
5Such repudiation is a sufficient basis for the issuance of a certification for
filing a complaint with the court.
b. A petition to nullify the settlement is filed in the proper city or municipal court
The settlement agreed upon does not have the force and effect of a final
judgment when the dispute is not within jurisdiction of the lupon but submitted
to it. In this case, the compromise agreed upon by the parties before the
lupon/pangkat chair shall be submitted to the court and upon approval
thereof, shall have the force and effect of a judgment of said court.
8. EXECUTION OF AMICABLE SETTLEMENT:
a. Within 6 months from date of settlement: by the lupon.
b. Thereafter, by action in the appropriate city of municipal court
9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be issued only
upon complying with the following requirements:
0
1Issued by lupon secretary and attested by lupon chairman/ punong barangay, that
confrontation took place and conciliation settlement was reached, but subsequently
repudiated.
2
3Issued by pangkat secretary and attested by pangkat chairman, that:
0
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ME MORY AI D
ATENEO CENTRAL BAR OPERATIONS 2002
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with, and jointly determined in, the same proceeding by the Sandiganbayan or
the appropriate court, and no right to reserve the filing of such civil action
separately from the criminal action shall be recognized.
Decisions of the Sandiganbayan:
a. Appealable to the SC by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court;
b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be
appealable to the SC by Notice of Appeal;
c. If penalty imposed is death, review by the Supreme Court shall be automatic,
whether or not the accused filed an appeal.
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ATENEO CENTRAL BAR OPERATIONS 2002
VENUE
Court/place where the case is to be tried
and heard
A matter of substantive law
A matter of procedural law
Fixed by law and cannot be conferred by May be conferred by the act or agreement
the parties
of the parties
Establishes a relation between the court Establishes a relation between plaintiff and
and subject matter
defendant, or petitioner and respondent
CLASSIFICATIONS OF JURISDICTION
1. General vs. Specific/Limited:
General - power to adjudicate all controversies EXCEPT those expressly withheld from
the plenary powers of the court
Specific/Limited - restricted to particular cases and subject to such limitations as may
be provided by the governing law
2. Original vs. Appellate
Original
Appellate authority of a court higher in rank to reexamine the final order or judgment
of a lower court which tried the case now elevated for judicial review
3. Exclusive vs. Concurrent
Exclusive power to adjudicate a case or proceeding to the exclusion of all other courts
at that stage
Concurrent also known as confluent or coordinate jurisdiction; power conferred upon
different courts, whether of the same or different ranks, to take cognizance
at the same state of the same case
NOTE:
General Rule: Jurisdiction, once acquired, continues until the case is finally terminated.
Exceptions:
0When a subsequent law provides a prohibition for the continued exercise of jurisdiction;
1
2Where the law penalizing an act as punishable is repealed by a subsequent law;
3
4When the accused is deprived of his constitutional rights such as where the court fails
to provide counsel for the accused who is unable to obtain one and does not intelligently
waive his constitutional right;
5
6Where the statute expressly provides, or is construed to the effect that it intended to
operate as to actions pending before its enactment;
7
8When the proceedings in the court acquiring jurisdiction is terminated, abandoned or
declared void;
9
10Once appeal has been perfected.
CLASSIFICATION OF ACTIONS
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Pleading written allegation of the parties of their respective claims and defenses
submitted to the court for trial and judgment.
KINDS OF PLEADINGS
1. COMPLAINT concise statement of the ultimate facts constituting the plaintiffs cause or
causes of action.
2. ANSWER pleading where an adverse party sets forth negative and affirmative
defenses upon which he relies.
Negative Defense specific denial of a fact alleged.
Affirmative Defense
3. COUNTERCLAIM
any claim for money or other relief which a party may have against
an opposing party.
0
1Compulsory Counterclaim one arising out of or is necessarily connected with
the subject matter of the claim (e.g., recoupment).
2
3Permissive Counterclaim does not arise or is not connected with the subject
matter of the claim (e.g., set-off).
4. CROSS CLAIM
5. REPLY a pleading that denies or alleges facts in denial of new matters alleged by
way of defense in the answer with the purpose of joining the issues as to
such new matters.
6. THIRD-PARTY COMPLAINT
OTHER DEFINITIONS
Specific Denial specific allegation of the fact the truth of which he does not admit and
setting forth the substance of the matter relied upon to support the
denial OR allegation of lack of knowledge or information sufficient to
form a belief as the truth of the averment.
Negative Pregnant a form of denial where only the qualification or modification of the
fact alleged is denied while the fact itself is admitted.
Summons an order directed to a defendant in the name of the court and under its seal
directing that the defendant answer the complaint upon failure of which
judgment will be taken.
Motion application for an order not included in the judgment.
Subpoena process directed to a person requiring him to attend and to testify at a
hearing or trial or to bring with him any book or thing under his control.
Demurrer to Evidence a motion to dismiss based on insufficiency of evidence of the
prosecution.
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