Jurisdiction Of Court Table (autosaved).docx

Practice Court 1 Assignment No. 1 Submitted by: Charmaine Fhaye C. Casquejo Submitted to: Atty. Gloria Monica S. Lopez-Lao 1. Jurisdiction of Courts EXCLUSIVE SC

CA

Sandiganbayan

RTC

FAMILY COURT

Petition for issuance of writs of Certiorari, Prohibition, Mandamus against: CA

Annulment of judgment of RTC (Rule 47)

Violation of:

Crim cases where accused is 9-18 y/o

Certiorari, Prohibition, Mandamus on act or omission of quasi-judicial agency unless otherwise provided by law

Ill-gotten wealth

Subject matter not capable of pecuniary estimation Title or possession of real property or interest, where the assessed value exceeds 20k or in Metro Manila 50k, XP for unlawful detainer and forcible entry Admiralty and maritime jurisdiction where demand or claim exceeds 300k or in MM 400k Probate, testate or intestate, where gross value of estate exceeds 300k or in MM

COMELEC Commission on Audit Sandiganbayan

Anti-graft

AMLA Crimes committed by PO under RPC Other offenses committed by PO and ees in relation to their office

CTA Ombudsman (in criminal and nonadministrative disciplinary cases)

Private individual charged as coprincipal, accomplice, accessories Those employed in GOCC where one or more of the

Or when victim is a minor at the time of the commission of the offense Guardianship Custody of children Habeas corpus in relation to the custody Adoption of children and revocation Annulment of

Special Commercia l Court Intellectual Property Rights Securities Regulation Code

MTC Personal property valued at not more than 300k or in MM 400k Demanding sum of money not exceeding 300k or in MM 400k (exclusive of interest, damages) Title or possession of real property where the assessed

accused are officials occupying the ff. positions in government (permanent, acting or interim capacity) at the time of commission of the crime: Executive branch (SG 27 or higher) Mem of Congress Mem of Judiciary Mem of ConCom All other national and local officials classified as SG 27 and higher Civil and criminal cases filed in connection with EO Nos. 1,2,14 and 14A

400k Cases not within the exclusive jurisdiction of any courts Personal property valued more thank 300k or in MM 400k Other cases where demand, exclusive of interest, damages, atty. Fees litigation expenses and costs, or value or property in controversy exceeds 300k or in MM 400k. However, if the claim of damages is the main cause of action, the amount shall be considered in determining the jurisdiction of court Writs of search and seizure in civil actions for infringement or Intellectual Property Rights

marriage, declaration of nullity of marriage, those relating to marital status and property relations of H & W, dissolution of conjugal partnership of gains Involuntary commitment of child, removal of custody against placement Support Judicial proceeding on Family Code Declaration of Status of Children Family home Minors under Dangerous Drugs Act RA 7610 Anti-child pornography Act

value does not exceed 20k or in MM 50k. Provisional remedies in principal actions within their jurisdiction, and in such preliminary attachment, preliminary injunction, appointment of receiver and delivery of personal property Forcible entry and unlawful detainer Probate proceedings value does not exceed 300k or in MM 400k Inclusion (100 days prior to election) and exclusion

Violation of AMLA From Securities Regulation Code BEFORE (special commercial courts): Devices or schemes employed by or any acts of the BOD, associates, its officers or partnership, amounting to fraud and misrepresentation Controversies arising out of intra-corporate or partnership relations Controversies in the selection or appointment of directors, trustees, officers or managers of such corporation, partnership or association (CPA) Petitions of CPA to be declared in state of suspension of payments

Juveniles if no preliminary investigation is required

(105 days prior) of voters

CONCURRENT *observe hierarchy of courts SC/CA 

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Certiorari, Prohibitio n, Mandamu s against: - CSC - NLRC rule 65 (St. Martin Case, CA first) Habeas corpus Quo Warranto

SC/CA/RTC 

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Certiorari, Prohibition, Mandamus against: - Lower courts or - bodies Habeas Corpus (Custody of Minors – file to Family Court) Quo Warranto (for barangay official, file to MTC) Action brought to prevent and restrain violations of law concerning monopolies and combination s in restraint of trade

SC/CA/Sandiganba yan  Review on Certiorari, Prohibition, Mandamus relating to an act of omission of MTC or of corporation, board, officer or person  Amparo  Habeas data

SC/Sandiganbay an  Certiorari, Prohibitio n, Mandamu s  Habeas Corpus  Injunction  Other ancillary writs in aid of its appellate jurisdictio n– including Quo Warranto arising in cases falling under EO Nos. 1,2,14,14 A

SC/RTC 

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Actions affecting: - Ambass adors - Other public minister s Consuls

RTC/MTC 

Application for protection order (if no Family Court) under RA9262 Insurance Commission:  Claims not exceeding 100k if the subject of the action is not capable of pecuniary; otherwise, jurisdiction is concurrent with MTC

APPELLATE SC ORDINARY APPEAL BY NOTICE OF APPEAL From CA:  Criminal cases involving offenses with penalty of RP or LI  Lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to more severe offense for which the penalty of DEATH is imposed. PETITION FOR REVIEW ON CERTIORARI (RULE 65)  Appeals from: - CA - Sandiganbayan pure question of law XP: penalty is RP/LI or DEATH - RTC in the exercise of its original jurisdiction. No question of fact is involved, and it involves:

CA ORDINARY APPEAL BY NOTICE OF APPEAL OR RECORD ON APPEAL From RTC  XP those appealable to SC under rule 64  On constitutional, tax, jurisdictional questions involving questions of fact (which should be appealed first to CA)  Where the penalty imposed is RP or LI or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of RP or LI is imposed. From Family Court From MTC  Direct appeal from Land Registration and

Sandiganbayan From RTC:  In the exercise of their original or appellate jurisdiction under PD 1606 in the manner provided under Rule 122

RTC ALL MTC

a. Constitutionalit y of treaty, international or executive agreement, law, PD, proc, order, instruction, ordinance or regulation b. Legality of tax, impost, assessments or toll or penalty c. Jurisdiction of lower courts - CTA en banc - All cases involving pure questions of law SPECIAL CIVIL ACTION OF CERTIORARI (RULE 64) File within 30 days  COMELEC  COAudit

Cadastral cases based on their delegated jurisdiction PETITIONER FOR REVIEW From CSC From RTC  In cases appealed from MTC which are not a matter of right From Quasi-judicial agencies

MTC DELEGATED Cadastral and Land registration cases assigned by SC where no controversy or opposition and in contested lots valued at not more than 100k

SPECIAL Habeas Corpus in the absence of all RTC Judges

Modes of Appeal Section 2, Rule 41 of the Rules of Court provides the three modes of appeal, which are as follows:

a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and served in like manner. b) Petition for review. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45”

2. Rules governing Quasi-Judicial Agencies: Rule 42 of the Rules of Court shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the following:  Civil Service Commission  Central Board of Assessment Appeals  Securities and Exchange Commission  Office of the President

 Land Registration Authority  Social Security Commission  Civil Aeronautics Board  Bureau of Patents  Trademarks and Technology Transfer  National Electrification Administration  Energy Regulatory Board, National Telecommunications Commission  Department of Agrarian Reform under Republic Act No. 6657  Government Service Insurance System  Employees Compensation Commission  Agricultural Invention Board  Insurance Commission  Philippine Atomic Energy Commission  Board of Investments  Construction Industry Arbitration Commission  Voluntary arbitrators authorized by law. An appeal under this Rules may be taken to the Court of Appeals within 15 days, whether the appeal involves questions of fact, of law or mixed questions of fact and law. The appeal shall be taken by filing a verified petition for review with the Court of Appeals. The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed, unless the Court of Appeals shall direct otherwise.

3. Grounds:  

Annulment of judgment of RTC in civil cases: a. Extrinsic Fraud b. Lack of Jurisdiction Dismissal of Appeal by CA: a. Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules;

b. Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules; c. Failure of the appellant to pay the docket and other lawful fees as provided in section 5, Rule 40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February 1998) d. Unauthorized alterations, omissions or additions in the approved record on appeal as provided in section 4 of Rule 44; e. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules; f. Absence of specific assignment of errors in the appellant's brief, or of page references to the record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44; g. Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order; h. Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply

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with orders, circulars, or directives of the court without justifiable cause; and i. The fact that the order or judgment appealed from is not appealable. (1a) Dismissal of appeal by SC: a. Failure to take appeal within the reglementary period; b. Lack of merit c. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs; d. Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition; e. Failure to comply with any circular, directive or order of the SC without justifiable cause; f. Error in choice or mode of appeal; g. Case is not appealable to SC;

4. Pleadings allowed to be filed in Civil Cases: a. Complaint b. Answer c. Counterclaim d. Cross-claim e. Third (fourth) party complaint f. Complaint in intervention g. Reply h. Permissive counterclaim i. Verified statement of claim j. Verified response k. Counterclaim in the response l. Petition for relief from judgment m. Petition for certiorari, mandamus or prohibition

5. Definition: a. Pleadings - written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. Prays for a relief which is directly related to the cause of action or defense. b. Plagiarism - the theft of another person’s language, thoughts, or ideas. To plagiarize, as it is commonly understood according to Webster, is "to take (ideas, writings, etc.) from (another) and pass them off as one’s own." c. Complaint - the pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

d. Cause of action - is the act or omission by which a party violates a right of another e. Affidavit - formal written statement setting out the facts of your case. The affidavit becomes evidence in your case. . It is the main way you present evidence (facts of the case) to a court.It must be sworn, or affirmed, usually before a Justice of the Peace, Commissioner of Oaths or solicitor, as a true record. Affidavits may also be sworn by other people in support of your case e.g. witnesses. The court has a precedent form to use f. Contract – a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. g. Intervention – is when a person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. The court shall consider whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and whether or not the intervenor's rights may be fully protected in a separate proceeding. h. Jurisdiction – refers to the power and authority of the court to hear, determine controversies, and decide a case. i. Motion – is an application for relief other than by a pleading. It prays for another reieft other than the main cause of action or the main defense.