GN 2024 Jurisdiction
GN 2024 Jurisdiction
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Q: What if the defendant in an ejectment case
A. ASPECTS OF JURISDICTION raises the issue of tenancy in his answer, should
the court dismiss the case for lack of
jurisdiction?
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Q: Dela Cruz was a line personnel, and was A: NO. Jurisdiction over the subject matter of a case
promoted as FIBECO’s general manager. An is conferred by law. It cannot be acquired by waiver
administrative complaint against him was filed or acquiescence of any or all of the parties, by
for nepotism, insubordination, misuse of estoppel, or by the erroneous belief of the court or
FIBECO properties/funds, and gross any adjudicative body that it exists. The failure of
incompetence. After investigation, Dela Cruz the parties to question the NLRC's ruling on the
was found guilty of the charges. FIBECO's Board jurisdictional issue in its Resolution dated April 29,
of Directors passed a Resolution dismissing Dela 2016, did not vest the labor tribunal with
Cruz from service. Eventually, the Board of jurisdiction to take cognizance of the claim.
Administrators approved and confirmed the
finding of guilt against Dela Cruz and his PD No. 269 or the “National Electrification
dismissal from service. The Court upheld NEA's Administration Decree,” as amended, clearly
jurisdiction over the termination dispute and provides that the NEA has the authority to supervise
the finality of NEA's Resolution. It became final the management and operations of all electric
and executory on May 3, 2017. cooperatives. Pursuant to the NEA's power of
supervision and control over the management and
During the pendency of the proceedings, Dela operations of all electric cooperatives and their
Cruz reached the compulsory retirement age on officers, its jurisdiction to promulgate and
August 28, 2013 pending finality of the implement rules on the retirement benefits of
termination dispute. Believing that he is entitled electric cooperative general managers cannot be
to the retirement package, he filed an denied. Settled is the rule that when a law confers
application for retirement benefits with FIBECO, jurisdiction, all the incidental powers necessary for
but to no avail. He pursued his claim before the its effective exercise are included in the conferment.
Labor Arbiter (LA), insisting that he is eligible to (Dela Cruz v. First Bukidnon Electric Cooperative, G.R.
receive retirement benefits as he had been No. 254830. June 27, 2022, as penned by J. M. V.
employed by FIBECO since 1979. However, Lopez)
FIBECO countered that Dela Cruz is not entitled
to retirement benefits since he was found guilty Error of Jurisdiction vs. Error of Judgment
of the administrative charges against him and
validly dismissed and that it is the NEA, not the ERROR OF ERROR OF
LA, which has jurisdiction over the retirement JURISDICTION JUDGMENT
benefits claim. The LA sustained FIBECO's Error of judgment on
jurisdictional argument and dismissed Dela There is error of the other hand
Cruz's claim for lack of jurisdiction. National jurisdiction when in pertains to the exercise
Labor Relations Commission (NLRC) ruled that the first place, the of the court of the
the LA has original and exclusive jurisdiction court rendering the power of jurisdiction
over claims for retirement benefits. LA stood by judgment or decision and that the judge has
its previous ruling. has no jurisdiction to validly acquired or has
issue such. Therefore jurisdiction over the
Dela Cruz sought remedy from the NLRC again. when the court renders case. It presupposes
The NLRC rebuked the LA for reversing its judgment or decision the fact that
earlier resolution on the jurisdictional issue, over and beyond its jurisdiction is validly
and reiterated that the labor tribunal has jurisdiction, such acquired and that only
exclusive jurisdiction over the retirement decision is considered the court made an
benefits claim. The CA however upheld the null and void. error in making the
jurisdiction of the labor tribunal over the case. judgment.
Does the labor tribunal have jurisdiction over
the claim?
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2. OVER THE PARTIES Non-Payment of Filing Fees at the Time the
Complaint was Filed
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Q: Heirs of Ikang Paus represented by Elias Paus, to dismiss the same. (Republic v. Heirs of Paus, G.R.
filed a petition for identification, delineation, No. 201273, 14 Aug. 2019)
and issuance of a Certificate of Ancestral Land
Title (CALT) with respondent NCIP. They sought 3. OVER THE ISSUES
the confirmation of their right to the ancestral
land at Baguio City.
Jurisdiction over the issues refers to the power of
the court to try and decide the issues raised in the
The Heirs of Mateo Cariño opposed the petition,
pleadings of the parties. (Reyes v. Diaz, G.R. No. L-
and prayed for its dismissal, cancellation, and
48754, 26 Nov. 1941)
revocation.
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OVER THE RES OR THE PROPERTY IN
LITIGATION B. CLASSIFICATION OF JURISDICTION
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1. Boundary dispute NOTE: Since there is no legal provision specifically governing jurisdiction over
between boundary disputes between a municipality and an independent component city
municipalities of the same province, it follows that RTCs have the power and authority to hear
and determine such controversy. (Municipality of Kananga v. Madrona, G.R. No.
141375, 30 Apr. 2003)
GR: An action for damages for abuse of right as an incident to dismissal is within
the exclusive jurisdiction of the labor arbiter.
XPNs:
1. The labor arbiter has no jurisdiction for claims of damages based on quasi-
delict which has no reasonable connection with the employer-employee
3. Labor dispute relations claims under the Labor Code. (Ocheda v. CA, G.R. No. 85517, 16 Oct.
1992)
2. Jurisdiction over the dispute belongs to the regular courts where the claim is
in reference to the general civil law and not in either the Labor Code, other labor
relations statute, or a collective bargaining agreement. (Esico v. Alphaland Corp.,
G.R. No. 216716, 17 Nov. 2021)
The MTC has exclusive original jurisdiction. Under the Revised Rules on
Summary Procedure, MTCs, MTCCs, and MCTCs have jurisdiction over all cases
4. Forcible entry and
of forcible entry and unlawful detainer, irrespective of the amount of damages
unlawful detainer
or unpaid rentals sought to be recovered. (Sec. 1(A)(1), Revised Rules on Summary
Procedure)
5. Authority to conduct
administrative
investigations over It is entrusted to the Secretary of Local Government and concurrent with
local elective the Ombudsman upon enactment of R.A. No. 6770. There is nothing in the Local
officials and to Government Code of 1991 to indicate that it has repealed, whether expressly or
impose preventive impliedly, the pertinent provisions of the Ombudsman Act. (Hagad v. Dadole, G.R.
suspension over No. 108072, 12 Dec. 1995)
elective provincial or
city officials
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COA has the primary jurisdiction to pass upon the money claim. It is within
the COA's domain to pass upon money claims against the government or any
subdivision thereof as provided for under Sec. 26 of the Government Auditing
7. Enforcement of a Code of the Philippines. Courts may raise the issue of primary jurisdiction sua
money claim against sponte (on its own will or motion; means to act spontaneously without
a local government prompting from another party) and its invocation cannot be waived by the
unit failure of the parties to argue it as the doctrine exists for the proper distribution
of power between judicial and administrative bodies and not for the convenience
of the parties. (Euro-Med Laboratories, Phil., Inc. v. Province of Batangas, G.R. No.
148106, 17 Jul. 2006)
A: YES. PD No. 1529 expressly vests upon the CFI, now the RTC, exclusive jurisdiction over all applications for
original registration of titles to lands and all petitions filed after original registration of title. (Sec. 2, PD No. 1529)
CFIs shall have exclusive jurisdiction over all applications for original registration of title to lands, including
improvements and interests therein, and over all petitions filed after original registration of title, with power to
hear and determine all questions arising upon such applications or petitions. The court through its clerk of court
shall furnish the Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and
decisions filed or issued in applications or petitions for land registration, with the exception of stenographic
notes, within five days from the filing or issuance thereof.
In Patungan v. The Register of Deeds (G.R. No. 235520, 28 June 2021), the Supreme Court clarified that “the
jurisdiction of the RTC over all petitions for the issuance of a new duplicate certificate of title is exclusive.
Following the foregoing, we do not determine the assessed value of the property. It is not in the nature of an
action involving title to, or possession of real property.
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1. SUPREME COURT
(Sec. 5, Art. VIII, 1987 Constitution)
1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec. 4(2),
Art. VIII, 1987 Constitution);
2. All other cases which under the Rules of Court are required to be heard en banc (Ibid.);
3. All cases involving the constitutionality, application or operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulations (Ibid.);
4. Cases where the required number of votes in a division is not obtained (Sec. 4(3), Art. VIII, 1987 Constitution);
5. Cases involving a modification or reversal of a doctrine or principle laid down previously in a decision
rendered en banc (Ibid.);
6. Cases involving the discipline of judges of lower courts (Sec. 11, Art. VIII, 1987 Constitution); and
7. Contests relating to the election, returns, and qualifications of the President or Vice-president. (Sec. 4, Art.
VII, 1987 Constitution)
1. Court of Appeals;
2. Court of Tax Appeals;
3. Commission on Elections En Banc;
4. Commission on Audit;
Petitions for issuance of writs of certiorari,
5. Sandiganbayan.
prohibition and mandamus against the following:
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i. If no question of fact is involved and occurrence that gave rise to the more severe
the case involves: offense for which the penalty of death is imposed,
and the accused appeals, the automatic review
a) Constitutionality or validity of from the CA to the SC shall include such lesser
treaty, international or executive offense.
agreement, law, presidential
decree, proclamation, order, 3. Petition for review on certiorari (Rule 45) from
instruction, ordinance or the Sandiganbayan if penalty is less than death,
regulation; life imprisonment or reclusion perpetua in
criminal cases, and, in civil cases;
b) Legality of tax, impost,
assessments, or toll, or penalty in 4. Notice of appeal from the Sandiganbayan if it
relation thereto; or imposes life imprisonment or reclusion perpetua
or where a lesser penalty is imposed involving
c) Cases in which jurisdiction of offenses committed on the same occasion or
lower court is in issue; which arose out of the same occurrence that gave
rise to the more serious offense for which the
ii. All cases in which only errors or penalty of death, reclusion perpetua of life
questions of law are involved; imprisonment is imposed;
iii. Special civil action of certiorari – filed 5. Automatic review of death penalty imposed by
within 30 days against the the Sandiganbayan in the exercise of its original
COMELEC/COA. jurisdiction;
8.
Appeals from RTC in which only errors or
questions of law are involved.
Concurrent with CA
1. Petitions for issuance of writs of certiorari,
prohibition and mandamus against the following:
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c. Quasi-judicial agencies (should be filed
with the CA first);
d. RTC and lower courts;
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2. COLLEGIATE COURTS
a. COURT OF APPEALS
(B.P. Blg. 129, as amended by R.A. No. 7902)
Appellate
6. Appeals from the Office of the Ombudsman in NOTE: Death penalty imposed by the RTC is elevated
administrative disciplinary cases. (Mendoza-Arce to the CA by automatic review while death penalty
v. Office of the Ombudsman, G.R. No. 149148, 05 imposed by the Sandiganbayan whether in its original
Apr. 2002) (2006 BAR) or appellate jurisdiction is elevated to the SC for
automatic review.
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Concurrent with SC
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b. SANDIGANBAYAN
(P.D. No. 1606, as amended by R.A. No. 7975, R.A. No. 8249 and R.A. No. 10660)
CRIMINAL CASES
Exclusive Original
A. Violations of Anti-Graft and Corrupt Practices Act (R.A. No. 3019), R.A. No. 1379, and Chapter II, Sec. 2,
Title VII, Book II of the RPC, where one or more of the accused are officials occupying the following
positions in the government, whether in a permanent, acting or interim capacity, at the time of the
commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as Grade ‘27’ and higher, of the Compensation and Position Classification Act of 1989 (R.A.
No. 6758), specifically including:
2. Members of Congress and officials thereof classified as Grade ‘27’ and higher under the Compensation
and Position Classification Act of 1989 (R.A. No. 6758);
3. Members of the judiciary without prejudice to the provisions of the Constitution;
4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the
Constitution; and
5. All other national and local officials classified as Grade ‘27’ and higher under the Compensation and
Position Classification Act of 1989.
NOTE: While the first part of Sec. 4(a) of P.D. No. 1606, as amended covers only officials with the salary
grade 27 and higher, the second part specifically includes other executive officials whose positions
may not be with salary grade 27 and higher but who are, by express provision of law, placed under
the jurisdiction of the said court. Thus, if the position is enumerated under Sandiganbayan’s
jurisdiction and as long as the offense was committed in relation to their office, regardless of salary
grade, Sandiganbayan has jurisdiction. (Geduspan v. People, G.R. No. 158187, 11 Feb. 2005)
B. Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a. of this section in relation to their office.
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
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NOTE: RTC shall have exclusive original jurisdiction where the information:
a. Does not allege any damage to the government or any bribery; or
b. Alleges damage to the government or bribery arising from the same or closely related transactions
or acts in an amount not exceeding P1,000,000. (Sec. 4, P.D. 1606, as amended by R.A. No. 10660)
Exclusive original jurisdiction thereof shall be vested in the proper RTC, MeTC, MTC and MCTC, as the case
may be, in cases where none of the accused are occupying positions corresponding to Salary Grade ‘27’ or
higher, or military and PNP officers mentioned above. (Sec. 4, P.D. 1606, as amended by R.A No. 10660)
Appellate
Final judgments, resolutions, or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.
Concurrent with SC
Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of its appellate
jurisdiction including quo warranto arising or that may arise in cases filed under E.O. Nos. 1, 2, 14 and 14-A.
Concurrent with SC, CA and RTC
Petitions for the issuance of writ of amparo and writ of habeas data.
An Offense is deemed to be Committed in relation to the Public Office upon showing of any of the
following:
Requisites for an Offense to fall under the Exclusive Original Jurisdiction of Sandiganbayan
2. The offender committing the offenses in items (a), (b), (c) and (e) is a public official or employee holding
any of the positions enumerated in par. A of Sec. 4 of R.A. No. 8249; and
3. The offense committed is in relation to the office. (Adaza v. Sandiganbayan, G.R. No. 154886, 28 July 2005)
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c. COURT OF TAX APPEALS
(R.A. No. 1125, as amended by R.A. No. 9282 and R.A. No. 9503)
Appellate
1. Over appeals from the judgment, resolutions
or orders of the RTC in tax cases originally
decided by them, in their respective
In tax collection cases involving final and executory territorial jurisdiction.
assessments for taxes, fees, charges and penalties
where the principal amount of taxes and fees, 2. Over petitions for review of the judgments,
exclusive of charges and penalties claimed is less than resolutions or orders of the RTC in the
P1,000,000 tried by the proper MTC, MeTC, and RTC. exercise of their appellate jurisdiction over
tax cases originally decided by the MeTCs,
MTCs, and MCTCs in their respective
jurisdiction.
Exclusive Appellate Jurisdiction to Review by Appeal from Commissioner of Internal Revenue
1. Decisions in cases involving disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered
by BIR;
2. Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR,
where the NIRC or other applicable law provides a specific period of action, in which case the inaction
shall be deemed an implied denial via Petition for Review under Rule 42.
Decisions, orders, or resolutions in local tax cases originally decided or resolved by them in the exercise of
their original or appellate jurisdiction via Petition for Review under Rule 43.
2. Other matters arising under the Customs Law or other laws, part of laws or special laws administered by
BOC (via Petition for Review under Rule 42, ROC, as amended).
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Exclusive Appellate Jurisdiction to Review by Appeal from Central Board of Assessment Appeals
Decisions in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real
property originally decided by the provincial or city board of assessment appeals via Petition for Review
under Rule 43.
Decision on customs cases elevated to him automatically for review from decisions of the Commissioner of
Customs which are adverse to the government under Sec. 2315 of the TCC via Petition for Review under Rule
42.
Exclusive Appellate Jurisdiction to Review by Appeal from Secretary of Trade and Industry and the
Secretary of Agriculture
Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article,
and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping
duties and countervailing duties under Secs. 301 and 302, respectively, of the TCC, and safeguard measures
under RA 8800, where either party may appeal the decision to impose or not to impose said duties (via Petition
for Review under Rule 42).
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3. SECOND-LEVEL COURTS
(B.P. Blg. 129 as amended by R.A. No. 7691, R.A. No. 11576 and R.A. No. 8369; A.M. No. 22-04-06-SC, A.M. No.
03-03-03-SC)
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7. In all civil actions and special proceedings 6. All cases on money laundering; and
falling within the exclusive original jurisdiction
of a Juvenile and Domestic Relations Court and XPN: However, those committed by public
of the Court of Agrarian Relations as now officers and private persons who are in
provided by law; and conspiracy with such public officers, shall be
under the jurisdiction of the Sandiganbayan. (Sec.
8. In all other cases in which the demand, exclusive 5, R.A. No. 9160)
of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs or 7. Cases otherwise cognizable by the
the value of the property in controversy exceeds Sandiganbayan, where the information:
P2 million. (B.P. No. 129, as amended by R.A. No. a. Does not allege any damage to the
11576) government or any bribery; or
b. Alleges damage to the government or
bribery arising from the same or closely
related transactions or acts in an amount
not exceeding P1 million. (Sec. 4, PD No.
1606, as amended by R.A. No. 10660)
Appellate
GR: All cases decided by lower courts in their respective territorial jurisdictions.
XPN: Decisions of lower courts in the exercise of delegated jurisdiction. (Sec. 22, B.P. No. 129)
Concurrent with SC, SB and CA
1. Writ of amparo; Petitions for the issuance of writs of amparo and
2. Writ of habeas data. habeas data.
Concurrent with SC
Actions affecting ambassadors and other public
ministers and consuls. (Sec. 21(2), B.P. No. 129)
Concurrent with SC and CA
Special Jurisdiction
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4. FIRST-LEVEL COURTS
(B.P. Blg. 129 as amended by R.A. No. 7691 and R.A. No. 11576)
3. Probate proceedings, testate or intestate, where 3. Where the only penalty provided by law is a fine
the value of the estate does not exceed not exceeding P4,000 (A.C. No. 09-94, 14 June
P2,000,000 1994);
NOTE: In the foregoing, claim is exclusive of 4. Those covered by the Rules on Summary
interest, damages, attorney’s fees, litigation Procedure, i.e.:
expense, and cost. (B.P. 129, as amended by R.A.
No. 11576) a. Violations of traffic laws, rules and
regulations;
4. Actions involving title to or possession of real b. Violations of the rental law;
property or any interest therein where the value c. Violations of municipal or city ordinances;
or amount does not exceed P400,000 exclusive d. Violations of B.P. 22 (A.M. No. 00-11-01-SC);
of interest damages, attorney’s fees, litigation and
expense, and costs (2008 BAR); (B.P. 129, as
amended by R.A. No. 11576) e. All other criminal cases where the penalty
prescribed by law for the offense charged is
5. Maritime claims where the demand or claim imprisonment not exceeding one (1) year,
does not exceed P2,000,000 (B.P. 129, as or a fine not exceeding Php 50,000.00, or
amended by R.A. No. 11576); both, regardless of other imposable
6. Inclusion or exclusion of voters (Sec. 138, B.P. penalties, accessory or otherwise, or of the
881); civil liability arising therefrom. In offenses
7. Those covered by the Rules on Summary involving damage to property through
Procedure: criminal negligence under Article 365 of the
8. Forcible entry and unlawful detainer; Revised Penal Code, this Rule shall govern
9. Those covered by the Rules on Small Claims, i.e., where the imposable fine does not exceed
actions for payment of money where the claim Php 150,000.00; and (Sec. 1(B)(5), A.M. No.
does not exceed P1,000,000, exclusive of 08-8-7-SC, Rules on Expedited Procedures in
interest and costs. (A.M. No. 08-8-7-SC) the First Level Courts)
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f. In offenses involving damage to property
through criminal negligence where the
imposable fine does not exceed P10,000
(Sec. 32, B.P. 129 as amended by R.A. No.
7691)
Petition for habeas corpus in the absence of all RTC Application for bail in the absence of all RTC judges in
judges in the province or city. (Sec. 35, B.P. 129) the province or city.
with RTC
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Means to Carry Jurisdiction Into Effect
5. INHERENT POWERS AND MEANS TO CARRY
JURISDICTION
When by law jurisdiction is conferred on a court or
(Sec. 5-6, Rule 135, ROC)
judicial officer, all auxiliary writs, processes and
other means necessary to carry it into effect may be
Inherent Powers of Court employed by such court or officer; and if the
procedure to be followed in the exercise of such
Every court shall have power: jurisdiction is not specifically pointed out by law or
a. To preserve and enforce order in its by these rules, any suitable process or mode of
immediate presence; proceeding may be adopted which appears
comfortable to the spirit of the said law or rules.
b. To enforce order in proceedings before it, (Sec. 6, Rule 135, ROC)
or before a person or persons empowered
to conduct a judicial investigation under its
authority;
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differences to amicable settlement by an
D. REVISED KATARUNGANG PAMBARANGAY LAW appropriate Lupon;
(R.A. No. 7160)
6. Offenses for which the law prescribes a
maximum penalty of imprisonment
exceeding one (1) year or a fine over
Cases Covered
P5,000.00;
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12. Actions to annul judgment upon a NOTE: Objections to venue shall be raised in the
compromise which may be filed directly in mediation proceedings before the Punong
court. (Sanchez vs. Tupaz, G.R. No. 76690, 29 Barangay; otherwise, the same shall be deemed
Feb. 29 1988) waived. (Sec. 409, RA No. 7160)
Effect of Refusal or Failure to Appear Before the Q: What if a promissory note has no venue
Lupon stipulation, but there is a mother loan
agreement. The amount appearing on the
Refusal or willful failure of any party or witness to promissory note was not paid when due so an
appear before the lupon in compliance with a action for collection for sum of money was
summons may be punished by the city or municipal instituted. What venue will have to be followed?
court as for indirect contempt of court and barred
from seeking judicial recourse for the complaint or A: The Supreme Court said that if the mother
counterclaim. (Sec. 515, LGC) contract was directly connected and intertwined
with the promissory note, then the promissory note
Personal Appearance of Parties and Prohibition will be bound by the venue stipulation. (Gito, 2023)
on Counsels
WHEN PARTIES MAY GO DIRECTLY TO COURT
VENUE
GR: Barangay Conciliation is a pre-condition to
The venue of the conciliation proceedings shall be: filing a complaint in court. No complaint, petition,
action, or proceeding involving any matter within
PARTIES/ the authority of the Lupon shall be filed or instituted
VENUE
SUBJECT MATTER directly in court or in any other government office.
The dispute shall be
Parties reside in the
brought in said XPNs:
same barangay
barangay
in the barangay where 1. Where the accused is under detention;
Parties reside in the respondent or any 2. Where a person has otherwise been
different barangays of the respondents deprived of personal liberty calling for
in the same city or actually resides, at the habeas corpus proceedings;
municipality choice of the 3. Where actions are coupled with provisional
complainant remedies such as preliminary injunction,
Disputes involving attachment, delivery of personal property
where the real and support pendente lite; and
real property shall be
property or larger 4. Where the action may otherwise be barred
brought for
portion thereof is by the statute of limitations. (Sec. 412(b),
settlement in the
situated; or RA No. 7160)
barangay
Disputes arising at
the workplace where EXECUTION
the contending In the barangay where
parties are employed such workplace or GR: Execution shall issue only upon the expiration
or at the institution institution is situated. of 10 days from date of settlement or receipt of
where such parties award. (Sec. 1, Rule VII, Katarungang Pambarangay
are enrolled for study Rules)
(Sec. 409, RA No. 7160; Sec. 3, Rule VI, Katarungang
Pambarangay Rules)
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XPNs: 2. Repudiation of Agreement to Arbitrate
1. When repudiation of the settlement has If the parties, instead of proceeding with the
been made or a petition to nullify the award conciliation, agreed to undergo arbitration
has been filed prior to the expiration of the before the Lupon chairman or Pangkat, but the
10-day period; and consent of any of the parties to the agreement to
arbitrate was secured through fraud, coercion or
2. Under special and exceptional intimidation, such party may repudiate the
circumstances, the imperatives of agreement to arbitrate within five (5) days from
substantial justice, or facts that may have the agreement by serving to the Lupon chairman
transpired after the finality of the judgment or Pangkat a sworn statement to that effect.
which would render its execution unjust.
(Quiros v. Arjona, G.R. No. 158901, March 9, 3. Repudiation/Nullification of the Arbitral
2004) Award
Remedies Available to a Party in Case of Failure If the parties have entered into a completely
of Refusal of the Other Party to Comply with the valid agreement to arbitrate, and an arbitration
Amicable Settlement or Arbitration Award award is rendered by the Lupon chairman or
Pangkat, the party aggrieved by the award
1. Enforcement by the Lupon within 6 months cannot repudiate the award by serving sworn
from the date of: repudiation with the Lupon chairman or the
a. the settlement agreement; Pangkat as in the case of the repudiation of an
b. receipt of the award; or amicable settlement or agreement to arbitrate.
c. when the obligation therein becomes Instead, the repudiation or nullification of the
due and demandable, whichever is arbitration award shall be addressed to the
later; proper city or municipal court through a petition
to nullify the arbitration award filed within 10
2. Execution by action in court after the lapse days from the date thereof. (Robeniol, 2020)
of the 6-month period; and
REPUDIATION
Objects of Repudiation
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(l) Third-party complaints;
E. RULES ON EXPEDITED PROCEDURES IN THE (m) Motion for and Complaint in Interventions;
FIRST LEVEL COURTS
(A.M. No. 08-8-7-SC) (n) Motion to admit late judicial affidavit/s, position
papers, or other evidence except on the ground
of force majeure or acts of God; and
Objectives
(o) Motion for judicial determination of probable
cause in criminal cases. (Sec. 2, Rule II, A.M. No.
1. To protect and advance the constitutional right
08-8-7-SC)
of persons to a speedy disposition of their cases;
2. To provide a simplified and inexpensive
Filing of a Motion for Reconsideration will not
procedure for the disposition of small claims;
toll the running of the prescriptive period.
and
3. To introduce innovations and best practices for
The filing of a Motion for Reconsideration, being a
the benefit of the underprivileged.
prohibited pleading, will not toll the running of the
prescriptive period.
PROHIBITED PLEADINGS AND MOTIONS
It is obvious that a prohibited pleading cannot toll
(a) In civil cases, a Motion to Dismiss the complaint the running of the period to appeal since such
or the statement of claim, and in criminal cases, pleading cannot be given any legal effect precisely
a Motion to Quash the complaint or information because of its being prohibited. (Reyes v. People, G.R.
except on the ground of lack of jurisdiction over No. 193034, 20 July 2015)
the subject matter or failure to comply with the
requirement of barangay conciliation; CIVIL CASES
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the barangay within six (6) months from the date SMALL CLAIMS
of the settlement or date of receipt of the award
or from the date the obligation stipulated or
Small Claims Cases
adjudged in the arbitration award becomes due
and demandable.
It is where the claim does not exceed Php 1 million
exclusive of interest and costs. (Rule I(A)(2), A.M. No.
(e) Cases solely for the revival of judgment of any
08-8-7-SC)
MeTcs, MTCCs, MTCs and MTCTs, pursuant to
Rule 39, Section 6 of the Rules of Court.
“Small Claim”
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property, unless it is made the subject of a
compromise agreement between the parties. When there are separate small claims
2. For the enforcement of a barangay amicable Plaintiff may join in a single statement of claim one
settlement and arbitration awards where the or more separate small claims against a defendant
money claim does not exceed P1 million, provided that the total amount claimed, exclusive of
provided that no execution has been enforced by interests and costs, does not exceed P1 million. (Sec.
the barangay within (6) months from the date of 6, Rule IV, A.M. No. 08-8-7-SC)
the settlement or date of receipt of the award or
from the date the obligation stipulated or Indigent party
adjudged in the arbitration award becomes due
and demandable, pursuant to Sec. 417 of the LGC If one is an indigent, he may apply to the small
of 1991. (Rule I(A)(2), A.M. No. 08-8-7-SC) claims court to qualify as an indigent, and once
qualified, he is exempt from payment of such fees.
COMMENCEMENT OF SMALL CLAIMS ACTION; (Sec. 8, ROC, as amended by A.M. No. 08-8-7-SC)
RESPONSE
NOTE: In no case shall a party, even if declared an
indigent, be exempt from the payment of P1,000.00
Commencement of action
fee for service of summons and processes in civil
cases. (Sec. 8, ROC, as amended by A.M. No. 08-8-7-SC)
A small claims action is commenced by filing with
the court an accomplished Statement of Claim/s
Filing of response
with Verification and Certification Against Forum
Shopping, Splitting a Single Cause of Action, and
The defendant shall file with the court and serve on
Multiplicity of Suits (Form 1-SCC) and duly certified
the plaintiff a duly accomplished and verified
photocopies of the actionable document/s subject of
Response (Form 3-SCC) within a non-extendible
the claim, affidavits of witnesses, and other
period of 10 calendar days from receipt of
evidence to support the claim, with as many copies
summons.
thereof as there are defendants.
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Effect of Failure to file a Response but Appeared 8-7-SC)
on the Date of Hearing
Failure to include a counterclaim in the
Should the defendant fail to file his/her/its response
Response within the required period but appear on
the date set for the hearing, the court shall ascertain If the counterclaim is compulsory, it must be raised
what defense he/she/it has to offer, which shall in the same case. Otherwise, it will be barred. (Sec.
constitute his/ her/its Response, proceed to hear 15, A.M. No. 08-8-7-SC)
the case on the same day as if a Response has been
filed and, thereafter, render judgment within 24 APPEARANCES
hours from the termination of the hearing. (Sec.
14(1), A.M. No. 08-8-7-SC)
Appearance of parties
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NOTE: If the court determines that a party cannot NOTE: There is no trial under the Rules on Small
properly present his/her/its claim or defense and Claim Cases. Under Sec. 22, if efforts at settlement
needs assistance, the court may, in its discretion, fail, the hearing shall proceed in an informal and
allow another individual who is not an attorney to expeditious manner and the judge must render
assist that party upon the latter’s consent. (Sec. 18, judgment within 24 hours from the termination of
A.M. No. 08-8-7-SC) the hearing.
the claim shall be It may be granted only upon proof of the physical
dismissed without inability of the party to appear before the court on
If the plaintiff prejudice. The defendant the scheduled date and time. A party may avail of
does not appear who appears shall be only 1 postponement. (Sec. 20, A.M. No. 08-8-7-SC)
entitled to judgment on a
permissive counterclaim FINALITY OF JUDGMENT
the effect will be the same
as failure to file a Response.
After the hearing, the court shall render its decision
based on the facts established by the evidence,
NOTE: This shall not apply
within 24 hours from termination of the hearing.
If the defendant where one of two or more
The refund of the remaining balance from the
does not appear defendants who are sued
Sheriff ’s Trust Fund (STF), subject to accounting
under a common cause of
and auditing procedures, shall be included in the
action and have pleaded a
decision.
common defense appears
at the hearing.
The decision shall immediately be entered by the
the claim and counterclaim
If both parties do Clerk of Court in the court docket for civil cases and
shall be dismissed with
not appear a copy thereof forthwith served on the parties. (Sec.
prejudice.
24, A.M. No. 08-8-7-SC)
(Sec. 19, A.M. No. 08-8-7-SC)
NOTE: The decision shall be final, executory, and
HEARING; DUTY OF THE JUDGE unappealable. (Sec. 24(3), A.M. No. 08-8-7-SC)
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Q: AL Ang Network filed a complaint for sum of
money under the Rule of Procedure for Small
Claims Cases before the MTCC, seeking to collect
from Mondejar her unpaid water bills. The
MTCC ruled in favor of Mondejar and
disregarded AL Ang Network’s reliance on the
HLURB’s Decision as source of its authority to
impose new water consumption rates.
Aggrieved, AL Ang Network filed a petition for
certiorari under Rule 65 before the RTC
ascribing grave abuse of discretion on the part
of MTCC. Is the filing of the petition for ceriorari
correct?
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Katarungang Pambarangay vs. Rules on Small Claims Cases vs. Rules on Summary Procedure
RULES ON RULES ON
KATARUNGANG PAMBARANGAY LAW
SMALL CLAIMS CASES SUMMARY PROCEDURE
Purpose/Object
Where to file
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Civil Cases Covered
a. All cases of forcible entry
All disputes involving parties who and unlawful detainer
actually reside in the same city or irrespective of the amount
municipality may be the subject of the of damages or unpaid
proceedings for amicable settlement in rentals sought to be
the barangay. recovered. Where
Purely civil in nature where the
claim or relief prayed for by the attorney’s fees are
The requirement of undergoing awarded, the same shall
plaintiff is for payment or
barangay conciliation proceedings not exceed P100,000;
reimbursement of a sum of
applies only to cases involving natural
money where the value of the
persons, and not where any of the parties
claim does not exceed Php 1 b. All civil actions, except
is a juridical person, such as a probate proceedings,
million exclusive of interest and
corporation, partnership, corporation admiralty and maritime
costs. (A.M. No. 08-8-7-SC)
sole, testate or intestate estate, etc. (Vda. actions, and small claims
De Borromeo v. Pogoy, G.R. No. L-63277, where the total amount of
a. For money owed under
29 Nov. 1983) the plaintiff’s claim does
any of the following:
i. Contract of Lease; not exceed P2 million
If the only contending party is the exclusive of interest
ii. Contract of Loan and
government or its instrumentality or damages of whatever kind,
other credit
subdivision the case is exempted from attorney’s fees, litigation
accommodations;
the requirement of barangay conciliation expenses and costs. (A.M.
iii. Contract of Services;
proceedings but when it (government or No. 08-8-7-SC)
iv. Contract of Sale of
its instrumentality or subdivision) is only
personal property,
one of the contending parties, a
excluding the recovery of
confrontation should still be undertaken c. Complaints for damages
the personal property,
among the other parties. (Gegare v. CA, where the claims do not
unless it is made the
G.R. No. 83907, 13 Sept. 1989) exceed P2 million;
subject of a compromise
agreement between the
NOTE: Barangay conciliation process is
parties; or
not a jurisdictional requirement, so that d. Cases for the enforcement
non-compliance therewith cannot affect of barangay amicable
v. Contract of Mortgage
the jurisdiction which the court has settlement agreements
otherwise acquired over the subject and arbitration award
matter or over the person of the where money claim
b. For liquidated damages
defendant. Such defense shall be raised exceeds P1 million,
arising from contracts; and
in the answer, otherwise, such objection provided that no execution
will be deemed waived. (Aquino v. Aure, has been enforced within 6
c. The enforcement of a
G.R. No. 153567, 18 Feb. 2008) months from the
barangay amicable
settlement date or receipt
settlement or an
of award or the date when
arbitration award
the obligation becos due
involving a money claim
and demandable;
which does not exceed P1
million.
e. Cases solely for the revival
of judgment of any first
level court; and
39 U N I V E RS I T Y O F SA N TO TO M A S
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Cases not covered by Barangay f. The civil aspect of
Conciliation violations of BP 22, if no
criminal action has been
1. Where one party is the government instituted.
or any subdivision or
instrumentality thereof;
2. Where one party is a public officer or
employee, and the dispute relates to
the performance of his official
functions;
3. Offenses punishable by
imprisonment exceeding one (1)
year or a fine exceeding P5,000.00;
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either as complainants or
respondents;
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5. All other criminal cases
imvolving penalty of
imprisonment not
exceeding one (1) year or
a fine not exceeding
P50,000.00 or both, and a
fine not exceeding
P150,000.00 for offenses ;
involving damage to
property through criminal
negligence.
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5. When the proceedings in the court acquiring
jurisdiction is terminated, abandoned or
declared void;
F. DOCTRINE OF ADHERENCE TO JURISDICTION
AND RESIDUAL JURISDICTION
6. Once appeal has been perfected; and
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Duration of the exercise of residual powers
H. PRIMARY JURISDICTION AND EXHAUSTION
1. Ordinary Appeal – until the records are OF ADMINISTRATIVE REMEDIES
transmitted to the appellate court; or
2. Petition for review – until the CA gives due
course to the petition.
DOCTRINE OF PRIMARY JURISDICTION
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is vested in the Department of Agrarian Reform; 5. When its application may cause great and
more specifically, in the Department of Agrarian irreparable damage;
Reform Adjudication Board (DARAB). (Spouses
Fajardo v. Flores, G.R. No. 167891, January 15, 2010) 6. When the respondent is a Department Secretary,
whose acts as an alter ego of the President bears
DOCTRINE OF EXHAUSTION OF the implied or assumed approval of the latter
ADMINISTRATIVE REMEDIES unless actually disapproved by him;
45 U N I V E RS I T Y O F SA N TO TO M A S
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Doctrine of Primary Administrative Jurisdiction of a motion to dismiss
vs. Doctrine of Exhaustion of Administrative based on that ground
Remedies by way of laches.
(Republic v. Gallo, G.R. No. 207074, 17 Jan. 2018)
DOCTRINE OF DOCTRINE OF
PRIMARY EXHAUSTION OF
ADMINISTRATIVE ADMINISTRATIVE
JURISDICTION REMEDIES
A party must first avail
Courts cannot or will of all administrative
not determine a processes available
controversy involving before seeking the
a question which is courts' intervention.
within the jurisdiction
of the administrative The administrative
tribunal prior to the officer concerned must
resolution of that be given every
question by the opportunity to decide
administrative on the matter within
tribunal, where the his or her jurisdiction.
question demands the Failing to exhaust
exercise of sound administrative
administrative remedies affects the
discretion requiring party's cause of action
the special knowledge, as these remedies refer
experience and to a precedent
services of the condition which must
administrative tribunal be complied with prior
to determine technical to filing a case in court.
and intricate matters of
fact. NOTE: Failure to
observe the doctrine of
NOTE: Refers to the exhaustion of
competence of a court administrative
to take cognizance of a remedies does not
case at first instance. affect the court's
jurisdiction.
GR: Doctrine cannot
be waived.
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