RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

JURISDICTION OF THE COURTS

JURISDICTION OF THE SUPREME COURT
1. ORIGINAL juris i!"i#$ over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with RTC). Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in: Cases in which the constitutionalit! or validit! of an! treat!, international or e"ecutive agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in #uestion; 1 Cases involving the legalit! of an! ta", impost, assessment, or toll, or an! penalt! imposed thereto; 1 2Cases involving the $urisdiction of lower courts; % 4&ll criminal cases in which the penalt! imposed is reclusion perpetua or higher; ' (&ll cases in which onl! an error or #uestion of law is involved.

2.

JURISDICTION OF THE COURT OF APPEALS

1. ORIGINAL juris i!"i#$ to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and au"iliar! writs or processes, whether or not in aid of its appellate $urisdiction (concurrent with )C and RTCs) 2. E%CLUSI&E #ri'i$() juris i!"i#$ over actions for annulment of $udgments of RTCs. %. E%CLUSI&E (**+))("+ juris i!"i#$ over all final $udgments, decisions, resolutions, orders or awards of RTCs and #uasi*$udicial agencies, bodies, or commissions, EXCEPT those which fall within the appellate $urisdiction of the )C, namel!+ a. C,-./.C; b. Commission on &udit; c. )andiganba!an.

JURISDICTION OF THE REGIONAL TRIAL COURTS

I, E%CLUSI&E ORIGINAL A, CI&IL CASES 1 Cases where the sub$ect of the litigation is incapable of pecuniar! estimation; 0nvolving the title to, or possession of, real propert!, or an! interest therein, where the assessed value of the propert! involved e"ceeds 12 , 2 1' , , EXCEPT actions for forcible entr! and unlawful detainer; 2 % &ll actions in admiralt! and maritime $urisdiction where the demand or claim e"ceeds 12 , 213 , ; 3 ' 1robate proceedings, both testate and intestate, where the gross value of the estate 12 , 213 , ; (

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

4 0n all actions involving the contract of marriage and marital relations; 5 6 0n all cases not within the e"clusive $urisdiction of an! court, tribunal, person or bod! e"ercising $urisdiction; 1 11 0n all civil actions and special proceedings falling within the e"clusive original $urisdiction of a 7uvenile and 8omestic Relations Court and of the Court of &grarian Relations as now provided b! law; and 12 1% 0n all other cases in which the demand, e"clusive of interest, damages of whatever 9ind, attorne!:s fees, litigation e"penses, and costs or the value of the propert! in controvers! e"ceeds 12 , 213 , ; ;. CRIMINAL CASES &ll criminal cases not within the e"clusive $urisdiction of an! court, tribunal, or bod! EXCEPT those within the $urisdiction of the )andiganba!an. N. . RTC has $urisdiction over criminal cases where the penalt! imposable+ 1 2 % ."ceeds 3 !ears 2 mos 1 da! imprisonment, irrespective of fine ."ceeds fine of 13 , if onl! a fine is imposable

Manzano vs. Valera /ibel is punishable b! prision correcional in its minimum and medium periods. R.&. 4(61 places $urisdiction over criminal cases where the penalt! is ( !ears or less with the -TCs. <owever, &rt. %( of the R1C gives $urisdiction over libel cases to the RTC. )pecial law (R1C) must prevail over general laws (R& 4(61). &lso, from the provisions of R.&. 4(61, there is no manifest intent to repeal or alter the $urisdiction in libel cases. 00. ORIGINAL 1. 0ssuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and in$unction which ma! be enforced in an! part of their respective regions (concurrent with )C and C&). 2. 0n actions affecting ambassadors and other public ministers and consuls (concurrent with )C). %. ,ver offenses committed =,T in relation with public office with imprisonment e"ceeding ( !ears committed b! public officers classified as salar! grade 24 or higher 3. ,ver election contests for municipal offices. 000. APPELLATE &ll cases decided b! the lower courts (-TCs) in their respective territorial $urisdictions. N!TE: no trial de novo; case is decided on the basis of decision and supporting affidavits.

JURISDICTION OF THE FAMILY COURTS (R,A, -./0)

>amil! Courts shall have +1!)usi2+ #ri'i$() juris i!"i#$ to hear and decide the following cases+

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

Cri minal cases where+ 1 ,ne or more of the accused is below eighteen (15) !ears of age but not less than nine (6) !ears of age, ,R 2 % ,ne or more of the victims is a minor at the time of the commission of the offense. Provided, That if the minor is found guilt!, the court shall promulgate sentence and ascertain an! civil liabilit! which the accused ma! have incurred. The sentence, however, shall be suspended without need of application pursuant to the ?Child and @outh Aelfare Code?; 1 2 1etit ions for guardianship, custod! of children, habeas corpus in relation to the latter; % 3 1etit ions for adoption of children and the revocation thereof; ' ( Co mplaints BforC+ &nn ulment of marriage 1 8ecl aration of nullit! of marriage 2 Tho se relating to marital status and propert! relations of+ <usband and wife ,R 1 Tho se living together under different status and agreements, &=8 % 1etit ions for dissolution of con$ugal partnership of gains; 4 5 1etit ions for support and2or ac9nowledgment; 6 1 )u mmar! $udicial proceedings brought under the provisions of the ?>amil! Code of the 1hilippines?; 11 12 1etit ions for+ 8ecl aration of status of children as &bandoned 8ependent ,R =eglected children 1 Dolu ntar! or involuntar! commitment of children; 2 The suspension, termination, or restoration of parental authorit! and other cases cogniEable under ?Child and @outh Aelfare Code?, ."ecutive ,rder =o. '(, ()eries of 165(), and other related laws; 1% 13 1etit ions for the constitution of the famil! home; 1'

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

1( Cas es against minors cogniEable under the 8angerous 8rugs &ct, as amended; 14 Diol ations of Republic &ct =o. 4(1 , otherwise 9nown as the ?)pecial 1rotection of Children &gainst Child &buse, ."ploitation and 8iscrimination &ct,? as amended b! Republic &ct =o. 4('5; and 15 16 Cas es of domestic violence against+ Ao men &cts of gender based violence that results, or are li9el! to result in ph!sical, se"ual or ps!chological harm or suffering to women; and other forms of ph!sical abuse such as battering or threats and coercion which violate a woman:s personhood, integrit! and freedom of movement; &=8 Children 0ncludes the commission of all forms of abuse, neglect, cruelt!, e"ploitation, violence, and discrimination and all other conditions pre$udicial to their development. 0f an act constitutes a criminal offense, the accused shall be sub$ect to criminal proceedings and the corresponding penalties. 0f an! #uestion involving an! of the above matters should arise as an incident in an! case pending in the regular courts, said incident shall be determined in that court. 8ecisions and orders of the court shall be appealed in the same manner and sub$ect to the same conditions as appeals from the ordinar! Regional Trial Courts.

JURISDICTION OF THE MUNICIPAL TRIAL COURTS3 METROPOLITAN TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS
&. E%CLUSI&E ORIGINAL 1. CI&IL CASES 1 Civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies where the demand, e"clusive of interest, damages, attorne!Fs fees and costs, does not e"ceed 11 , 22 , . 2 % ."cl usive original $urisdiction over cases of forcible entr! and unlawful detainer; issue of ownership resolved onl! to determine issue of possession. &fter lapse of 1 !ear, -TC loses $urisdiction, and case becomes one for recover! of possession de ure (accion publicicana), although -TC ma! still have $urisdiction if value of propert! does not e"ceed 12 , 2' , . 3 ' 11 , &ctions involving personal propert! valued at not more than 22 , . ( 4 &cti ons involving title or possession of real propert! where the assessed value does not e"ceed 12 , 2' , .

2. CRIMINAL CASES

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

Diolations of cit! or municipal ordinances. &ll offenses punishable with not more than 3 !ears 2 mos 1 da! imprisonment, irrespective of fine. &ll offenses punishable b! onl! a fine of not more than 13, .

,ffenses involving damage to propert! through criminal negligence. 3. ELECTION CASES ,ffense of failure to register or failure to vote. .lection contests for baranga! offices. 1 ;. DELEGATED JURISDICTION in cadastral and land registration cases covering+ 1. /ots where there is no controvers! or opposition; ,R 2. Contested lots the value of which does not e"ceed 11 , . decisions of the -TC in these cases are appealable to the C&

SUMMARY PROCEDURE
CASES APPLICABLE &. CI&IL CASES 1 &ll cases of forcible entr! and unlawful detainer irrespective of amount of damages or unpaid rentals; without #uestion of ownership; attorne!Fs fees not e"ceeding 12 , if #uieting of ownership; resolved to determine #uestion of possession. 2 % ,ther civil cases EXCEPT probate proceedings, where the total amount of the claim does not e"ceed 11 , , e"clusive of interest and cost. 3 ;. CRIMINAL CASES 1 Diolation of traffic laws, rules, regulations 2 % Diol ation of rental laws 3 ' Diol ations of cit! or municipalit! ordinances ( 4 &ll other criminal cases where the penalt! does not e"ceed ( months or a fine of 11 or both, irrespective of other imposable penalties or of the amount of civil liabilit! 5 6 8a mage to propert! through criminal negligence where the fine does not e"ceed 11 , . PROHIBITED PLEADINGS AND MOTIONS 1 -otion to dismiss or #uash EXCEPT for lac9 of $urisdiction over sub$ect matter or 2

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

% failure to compl! with !atarun"an" Pambaran"a# (/GC) re#uirements 3 ' -otion for bill of particulars ( 4 -otions for new trial, reconsideration, re*opening 5 6 1etition for relief from $udgment 1 11 -otion for e"tension of time to file pleadings, affidavits 12 1% -emoranda 13 1' 1etition for certiorari, mandamus, and prohibition against an! interlocutor! order issued b! the court 1( 14 -otion to declare defendant in default 15 16 8ilator! motion for postponement 2 21 Repl! 22 2% Third*part! complaints 23 2' -otion for intervention

JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)

E%CLUSI&E juris i!"i#$ #2+r Hnsound real estate business practices Claims involving refund and an! other claims filed b! subdivision lot or condominium unit bu!er against the pro$ect owner, developer, dealer, bro9er, or salesman Cases involving specific performance of contractual and statutor! obligations filed b! bu!ers of subdivision lots or condominium units against the owner, developer, dealer, bro9er, or salesman

JURISDICTION OF THE "#T#R$N%#N% P#& GO&ERNMENT CODE OF 4004)

#R#N%#'

(UNDER

THE

LOCAL

1. =o complaint, petition, action or proceeding involving an! matter within the authorit! of the lupon shall be filed or instituted directl! in court or an! other government office for ad$udication, unless$ 1 There has been a confrontation between the parties before the lupon chairman or pan"%at, &=8 2 % That no conciliation or settlement has been reached as certified b! the lupon&pan"%at secretar! as attested to b! lupon chairman or pan"%at chairman, or unless such settlement has been repudiated b! the parties thereto 3 2. 'isputes sub ect to Conciliation (equirement$ &ll disputes between parties actuall! residing in the same cit! or municipalit! <,A.D.R, the court in which non*criminal cases not falling within the authorit! of the /upon ma!, at an! time before trial, refer the case to the lupon for amicable settlement.

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

%. E%CEPTIONS TO CONCILIATION RE5UIREMENT ()C Circular 13*6%) 1 Ahere one part! is the government, or an! subdivision or instrumentalit! thereof; 2 % Ahere one part! is a public officer or emplo!ee, and the dispute relates to the performance of his official functions; 3 ' Ahere the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement b! an appropriate )upon; ( 4 &n! complaint b! or against corporations, partnerships or $uridical entities, since onl! individuals shall be parties to *aran"a# conciliation proceedings either as complainants or respondents ()ec. 1, Rule D0, !atarun"an" Pambaran"a# Rules); 5 6 8isputes involving parties who actuall! reside in baran"a#s of different cities or municipalities, EXCEPT+ 1 Ahere such baranga! units ad$oin each other, &=8 2 % The parties thereto agree to submit their differences to amicable settlement b! an appropriate )upon; 1 11 ,ffenses for which the law prescribes a ma"imum penalt! of imprisonment e"ceeding one (1) !ear or a fine over five thousand pesos (1', . ); 12 ,ffenses where there is no private offended part!; 1% 13 8isputes where urgent legal action is necessar! to prevent in$ustice from being committed or further continued, specificall! the following+ 1 Criminal cases where accused is under police custod! or detention; 2 % 1etitions for habeas corpus b! a person illegall! deprived of his rightful custod! over another or a person illegall! deprived of his libert! or one acting in his behalf; 3 ' &ctions coupled with provisional remedies such as preliminar! in$unction, attachment, deliver! of personal propert! and support during the pendenc! of the action; &=8 ( 4 &ctions which ma! be barred b! the )tatute of /imitations.

1' 1( &n! class of disputes which the 1resident ma! determine in the interest of $ustice or upon the recommendation of the )ecretar! of 7ustice; 14 15 Ahere the dispute arises from the Comprehensive &grarian Reform /aw (C&R/) ()ections. 3( I 34, R.&. (('4); 16 2 /abor disputes or controversies arising from emplo!er*emplo!ee relations (Monto#a vs. Esca#o, et al., 141 )CR& 332; &rt. 22(, /abor Code, as amended, which grants original and e"clusive $urisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the 8epartment of /abor and .mplo!ment); 21 22 &ctions to annul $udgment upon a compromise, which ma! be filed directl! in court. 2% 6, &ENUE OF PROCEEDINGS7

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

Si"u("i#$ 1arties reside in same baran"a# 1arties reside in different baran"a#s

&+$u+ That baran"a# *aran"a# where respondent, or an! of the respondents, actuall! resides, at the option of the complainant 8isputes involving real propert! or interest *aran"a# where propert! is situated therein 8isputes arising at the wor9place where *aran"a# where such wor9place or the contending parties are emplo!ed, or at institution is located the institution where such parties are enrolled for stud! ,b$ections to venue shall be raised in the mediation proceedings before the punon" baran"a#; otherwise, the! are deemed waived. /egal #uestions that might arise in resolving such ob$ections before the punon" baran"a# are to be submitted to the )ecretar! of the 8,7, whose ruling shall be binding. '. EFFECT OF NON8COMPLIANCE+ 1 8ismissal upon motion of defendants for failure to state cause of action or prematurit!; ,R 2 % )uspension of proceedings upon petition and referral of case motu proprio to appropriate baran"a# authorit!. (. PROCEDURE FOR AMICABLE SETTLEMENT+ Complainant pa!s appropriate filing fees, and shall complain, orall! or in writing, to the lupon chairman of the baranga!; )upon chairman shall ma9e attempts at mediation; if he fails within 1' da!s from date of first meeting, he shall set a date for the constitution of a pan"%at n" ta"apa"sundo (% members; chosen b! the parties from the list of the members of the lupon) Pan"%at shall have power to issue summons, and shall hear both parties and their witnesses, and attempt to arrive at an amicable settlement. Aithin 1' da!s from the da! it convenes, it shall arrive at said settlement or resolution of the dispute. 8uring the 1'*da! 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 baranga!. )aid interruption shall not e"ceed ( da!s from said filing. 0n all proceedings, parties must appear in person without the assistance of counsel or representatives, EXCEPT for minors and incompetents who ma! be assisted b! their ne"t*of*9in who are not law!ers. 4. &micable settlement shall have the force and effect of a final $udgment upon the e"piration of 1 da!s from date of amicable settlement, unless+ a. 0t is repudiated, or 1 Repudiation must be done within 1 da!s, b! filing a sworn statement with the lupon chairman; 2

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

% The grounds for repudiation are vitiation of consent b! fraud, violence or intimidation; 3 ' )uch repudiation is a sufficient basis for the issuance of a certification for filing a complaint with the court. b. & petition to nullif! the settlement is filed in the proper cit! or municipal court The settlement agreed upon does not have the force and effect of a final $udgment when the dispute is not within $urisdiction of the lupon but submitted to it. 0n this case, the compromise agreed upon b! the parties before the lupon2pang9at chair shall be submitted to the court and upon approval thereof, shall have the force and effect of a $udgment of said court. 5, E%ECUTION OF AMICABLE SETTLEMENT7 a. Aithin ( months from date of settlement+ b! the lupon. b. Thereafter, b! action in the appropriate cit! of municipal court 6. C.RT0>0C&T0,= ,> *+(+,-+. &HT<,R0T0.) (for filing a complaint in court) shall be issued onl! upon compl!ing with the following re#uirements+ 1 0ssued b! lupon secretar! and attested b! lupon chairman2 punon" baran"a#, that confrontation too9 place and conciliation settlement was reached, but subse#uentl! repudiated. 2 % 0ssued b! pan"%at secretar! and attested b! pan"%at chairman, that+ 1 There was a confrontation but no settlement; ,R 2 % There was no personal confrontation without an! fault on the part of the complainant. 3 ' 0ssued b! the Punon" *aran"a#, as re#uested b! the proper part!, on the ground of failure of settlement, where the dispute involves members of the same indigenous cultural communit!, which shall be settled in accordance with the customs and traditions of that particular cultural communit!, or where one or more of the parties to the aforesaid dispute belong to the minorit! and the parties mutuall! agreed to submit their dispute to the indigenous s!stem of amicable settlement, and there has been no settlement as certified b! the datu or tribal leader or elder, to the Punon" *aran"a# of the place of settlement. 0f mediation or conciliation proved unsuccessful before punong baranga! there having been no agreement reached to conciliate, ,R respondent failed to appear before punong baranga!, Punon" *aran"a# shall not issue the certification (because now mandator! for him to constitute the Pan"%at before whom mediation, conciliation, or arbitration proceedings shall be held.)

JURISDICTION OF THE SANDIGANBAYAN

&. ORIGINAL 1 Diolations of+ J&nti*Graft and Corrupt 1ractices &ctK;

1 2 R.&. 1%46 (J&n &ct 8eclaring >orfeiture in >avor of the )tate of &n! 1ropert! >ound to <ave ;een Hnlawfull! &c#uired ;! &n! 1ublic ,fficer or .mplo!ee and 1roviding for the 1roceedings ThereforK); or

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

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Title D00, Chapter 00, L 2 of the R1C (i.e., &rticles 21 *212 of R1C) Ahere one or more of the accused are officials occup!ing the following positions in the government, whether in a permanent, acting or interim capacit!, at the time of the commission of the offense+ ,fficials of e"ecutive branch occup!ing positions classified as Grade 24 or higher, specificall! including+ 1 2 % 3 ' ( 4 5 6 1 1rovincial governors, vice*governors, members of the san""unian" panlalawi"an and provincial treasurers, assessors, engineers and other provincial department heads; Cit! ma!ors, vice*ma!ors, members of the san""unian" panlun"sod, cit! treasurers, assessors, engineers and other cit! department heads; ,fficials of the diplomatic service occup!ing the position of consul and higher; 1hilippine arm! and air force colonels, naval captains, and all officers of higher ran9; ,fficers of the 1hilippine =ational 1olice while occup!ing the position of provincial director and those holding the ran9 of senior superintendent or higher; Cit! and provincial prosecutors and their assistants, and officials and prosecutors in the ,ffice of the ,mbudsman and special prosecutor;

11 12 1residents, directors or trustees, or managers of government* owned or controlled corporations, state universities or educational institutions or foundations; -embers of Congress and officials thereof classified as Grade 24 or higher -embers of the 7udiciar!, without pre$udice to the provisions of the Constitution (on impeachment) Chairmen and members of the Constitutional Commissions, without pre$udice to the provisions of the Constitution &ll other national and local officials classified as Grade 24 or higher; or 2 ,ther offenses or felonies, committed b! public officials and emplo!ees mentioned in M1, in relation to their office, whether simple or comple"ed with other crimes % Civil and criminal cases filed pursuant to and in connection with ."ecutive ,rder =os. 1, 2, 13 and 13*& series of 165(. 3 1etitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, in$unctions and other ancillar! writs and processes in aid of its appellate $urisdiction+ provided, that the $urisdiction over these petitions shall not be e"clusive of the )upreme Court and over petitions of similar nature, including quo warranto, arising or that ma! arise in cases failed or which ma! be filed under ."ecutive ,rder =os. 1, 2, 13 and 13*& (concurrent with )C)

RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

0f the last element, namel!, Jin relation to his officeK is absent or is not alleged in the information, the crime committed falls within the e"clusive original $urisdiction of ordinar! courts and not the );. The offense is committed in relation to the office if the offense is intimatel! connected with the office of the offender and perpetuated while he was in the performance of his official functions, or when the crime cannot e"ist without the office, or the office is a constituent element of the crime as defined in the statute. ;. E%CLUSI&E APPELLATE 0f none of the principal accused are occup!ing positions of grade 24 or higher, original $urisdiction will be with either the -TC or RTC; ); will e"ercise e"clusive appellate $urisdiction on said cases. The procedure prescribed in ;1 ;lg. 126, as well as the implementing rules that the )upreme Court has promulgated and ma! hereafter promulgate, relative to appeals2petitions for review to the Court of &ppeals shall appl! to appeals and petitions for review filed with the )andiganba!an. C. NOTES7 1rivate individuals charged as co*principals, accomplices or accessories with the public officers or emplo!ees, including those emplo!ed in G,CCs, shall be tried $ointl! with said public officers and emplo!ees in the proper courts which shall e"ercise e"clusive $urisdiction over them. &n! provisions of law or Rules of Court to the contrar! notwithstanding, the criminal action and the corresponding civil action for the recover! of civil liabilit! arising from the offense charged shall at all times be simultaneousl! instituted with, and $ointl! determined in, the same proceeding b! the )andiganba!an or the appropriate court, and no right to reserve the filing of such civil action separatel! from the criminal action shall be recogniEed. D+!isi#$s #9 ":+ S($ i'($;(<($7 a. &ppealable to the )C b! petition for review on certiorari raising pure #uestions of law in accordance with Rule 3' of the Rules of Court; b. 0f ); imposes penalt! of reclusion perpetua or higher, the decision shall be appealable to the )C b! =otice of &ppeal; c. 0f penalt! imposed is death, review b! the )upreme Court shall be automatic, whether or not the accused filed an appeal.

JURISDICTION OF THE COURT OF TA% APPEALS

E%CLUSI&E APPELLATE JURISDICTION #2+r7 0 1 8ecisions of the Collector of 0nternal Revenue in cases involving disputed assessments, refunds of ta"es, fees or other charges, penalties imposed in relation thereto, or other matters arising under the =0RC; 2 % 8ecisions of the Commissioner of Customs in cases involving liabilit! for customs duties, fees or other mone! charges; seiEure, detention or release of propert! affected; fines, forfeitures, or other matters arising penalties imposed in relation thereto; and other matters arising under the Customs /aw; and 3

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

' 8ecisions of provincial or cit! ;oards of &ssessment &ppeals in cases involving the assessment and ta"ation of real propert! or other matters arising under the &ssessment /aw. /ao v. C+ (reiterated in *ureau o0 Customs v. 1"ario, -arch 2 )

RTCs are devoid of an! competence to pass upon the validit! or regularit! of seiEure and forfeiture proceedings conducted b! the ;ureau of Customs and to en$oin or otherwise interfere with these proceedings. The Collector of Customs sitting in seiEure and forfeiture proceedings has e2clusive urisdiction to hear and determine all #uestions touching on the seiEure and forfeiture of dutiable goods. The Regional Trial Courts are precluded from assuming cogniEance over such matters even through petitions of certiorari, prohibition or mandamus. The proper remed! is to appeal to the Commissioner of Customs and thereafter to the Court of Ta" &ppeals.

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

REMEDIAL LAW DEFINITIONS=CONCEPTS JURISDICTION AND &ENUE DIFFERENTIATED JURISDICTION &uthorit! to hear and determine a case & matter of substantive law >i"ed b! law and cannot be conferred b! the parties .stablishes a relation between the court and sub$ect matter CLASSIFICATIONS OF JURISDICTION 1. -eneral vs. 3peci0ic&)imited+ %eneral * power to ad$udicate all controversies EXCEPT those e"pressl! withheld from the plenar! powers of the court (pecific)*imited 4 restricted to particular cases and sub$ect to such limitations as ma! be provided b! the governing law 2. 1ri"inal vs. +ppellate !riginal N power of the court to ta9e $udicial cogniEance of a case instituted for $udicial action for the first time &ENUE Court2place where the case is to be tried and heard & matter of procedural law -a! be conferred b! the act or agreement of the parties .stablishes a relation between plaintiff and defendant, or petitioner and respondent

#ppellate N authorit! of a court higher in ran9 to ree"amine the final order or $udgment of a lower court which tried the case now elevated for $udicial review %. E2clusive vs. Concurrent E+clusive N power to ad$udicate a case or proceeding to the e"clusion of all other courts at that stage Concurrent N also 9nown as confluent or coordinate $urisdiction; power conferred upon different courts, whether of the same or different ran9s, to ta9e cogniEance at the same state of the same case ,1TE$ G+$+r() Ru)+7 7urisdiction, once ac#uired, continues until the case is finall! terminated. E+ceptions: Ahen a subse#uent law provides a prohibition for the continued e"ercise of $urisdiction; 1 2 Ahere the law penaliEing an act as punishable is repealed b! a subse#uent law; % 3 Ahen 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 intelligentl! waive his constitutional right; ' ( Ahere the statute e"pressl! provides, or is construed to the effect that it intended to operate as to actions pending before its enactment; 4 5 Ahen the proceedings in the court ac#uiring $urisdiction is terminated, abandoned or declared void; 6 1 ,nce appeal has been perfected.

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

CLASSIFICATION

OF ACTIONS

1. (eal, personal and mi2ed Real N brought for the protection of real rights, land, tenements, or one founded on privit! of estate onl! Personal N not founded upon the privit! of real rights or real propert! &i+ed > brought for protection or recover! of real propert! and also for an award for damages sustained 2. 5n rem, in personam, and quasi in rem ,n rem N directed against the thing itself; ob$ect is to bar indifferentl! all who might be minded to ma9e ob$ection against the right sought to be enforced; hence, $udgment is binding upon the whole world ( e."., land registration; special proceedings) ,n personam N directed against particular persons on the basis of their personal liabilit! to establish a claim against them; $udgment is binding onl! upon the parties impleaded and their successors in interest ( e."., action for breach of contract) -uasi in rem N directed against particular persons, but the purpose of which is to bar and bind not onl! said persons but an! other person who claims an! interest in the propert! or right sub$ect of the suit ( e.". action for $udicial foreclosure of mortgage) %. Transitor# vs. local Transitory N one the venue of which depends generall! upon the residence of the parties, regardless of where the cause of action arose ( e."., personal actions) *ocal > one re#uired b! the Rules to be instituted in a particular place in the absence of an agreement to the contrar! (e."., real actions) ?INDS OF PARTIES 1. Real party in interest 6 person having an interest in the sub$ect of the action and in obtaining the relief demanded. 2. ,ndispensa.le party 6 a person without whom no final determination can be had of an action. %. Proper party 6 a person who is not indispensable but should be included if complete relief is to be accorded as between those alread! parties. 3. Pro forma party 6 a husband or wife who is re#uired to be $oined in suits b! or against his spouse '. -uasi/parties 6 those in whose behalf a class or representative suit is brought; parties not initiall!2 formall! impleaded as original parties but later bind themselves to compl! with the terms of a $udgment or compromise rendered therein.

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

PLEADINGS Pleading N written allegation of the parties of their respective claims and defenses submitted to the court for trial and $udgment. ?INDS OF PLEADINGS 1. COMPLAINT N concise statement of the ultimate facts constituting the plaintiffFs cause or causes of action. 2. ANSWER N pleading where an adverse part! sets forth negative and affirmative defenses upon which he relies. Negative 0efense N specific denial of a fact alleged. #ffirmative 0efense N an allegation of new matter which, though admits the material allegations of the complaint, nevertheless prevents recover!.

%. COUNTERCLAIM N an! claim for mone! or other relief which a part! ma! have against an opposing part!. 1 2 % Compulsory Counterclaim N one arising out of or is necessaril! connected with the sub$ect matter of the claim (e."., recoupment). Permissive Counterclaim N does not arise or is not connected with the sub$ect matter of the claim (e."., set*off).

3. CROSS CLAIM N claim b! one part! against a co*part! arising out of a transaction or occurrence which is the sub$ect matter of the action or counterclaim. '. REPLY N a pleading that denies or alleges facts in denial of new matters alleged b! wa! of defense in the answer with the purpose of $oining the issues as to such new matters. (. THIRD8PARTY COMPLAINT N a claim which a defending part! ma! file against a person not a part! to the action for contribution, indemnit!, subrogation or an! other relief. OTHER DEFINITIONS (pecific 0enial 6 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 ,R allegation of lac9 of 9nowledge or information sufficient to form a belief as the truth of the averment. Negative Pregnant 6a form of denial where onl! the #ualification or modification of the fact alleged is denied while the fact itself is admitted. (ummons 6 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 $udgment will be ta9en. &otion N application for an order not included in the $udgment. (u.poena N process directed to a person re#uiring him to attend and to testif! at a hearing or trial or to bring with him an! boo9 or thing under his control.

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RE ME DIAL LAW (J URIS DICTION AND P RE LIMIN AR IE S ) ME MORY AI D ATENEO CENTRAL BAR OPERATIONS 2002

0emurrer to Evidence N a motion to dismiss based on insufficienc! of evidence of the prosecution. Preliminary #ttac1ment N a court order granted at the commencement of the action or at an! time before entr! of $udgment to seiEe the propert! of the debtor in advance of final $udgment and hold it for the purpose of satisf!ing the $udgment. Preliminary ,njunction 6 an order granted at an! stage of an action prior to the final $udgment re#uiring a person to refrain from doing a particular act. Preliminary &andatory ,njunction 6 an order re#uiring the performance of a particular act. Criminal Complaint 6 sworn written statement charging a person with an offense subscribed b! an offended part!, peace officer, or other public officer charged with the enforcement of the law violated.

,nformation 6 an accusation in writing charging a person with an offense subscribed b! the fiscal and filed in court. Preliminary ,nvestigation N an in#uir! or proceeding for the purpose of determining whether there is sufficient ground to engender a well* founded belief that a crime has been committed and that the respondent is probabl! guilt! thereof. #rrest 6 ta9ing a person into custod! in order that he ma! be bound to answer for the commission of an offense. ail N the securit! for the release of a person in custod! of the law furnished b! him or a bondsman conditioned upon his appearing before an! court as re#uired under the condition hereinafter specified. Property ond 6 an underta9ing constituted as lien on the real propert! given as securit! for the amount of bail.

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