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INTRODUCTION

The first thing that we will take up in Civil Procedure are basic concepts. We are going to discuss

the legal concept of courts. As you will know, whenever we talk of procedural law, we have no choice

but to involve courts in our discussion.

Let’s try to have a ental picture of courts. !f ! "#ean !$igo% say &courts’, please tell e the scenethat coes into your ind. What do you see' There is a table, a gavel, there is soeone sitting there.

Then below, there are lawyers sitting down. That is how everybody pictures a court. (ut actually, whatwas pictured out was a courtroo and not a court.

)iilar e*aple+ ow can you picture a corporation' A corporation, as you know in Persons, is a -uridical entity. !t is a creature of the law. !t is a person under the law but it has no physical e*istence.

(ut what you see in a corporation is a building and people who are running the office business. Well,

that is the office of the corporation.

A corporation cannot run without people running it. (ut a corporation can own properties, kaya you

see the building, the office, the euipents there. The president or the vice/president are the officers ofthe corporation. (ut the officers are not the corporation, they run the affairs of the corporation. 0anoondin ang court. A court has no physical e*istence, only a legal one.

1+ What is a court'A+ A court is an entity or body vested with a portion of the -udicial power. "Lontok vs. (attung, 23

Phil. 4567%

1+ Why &portion’ only'

A+ This is because the Constitution provides that 8the -udicial power shall be vested in one )upree

Court ")C% and in such other lower courts as ay be established by law.9 "Art. :!!!, )ection 4, 4;ou slice the cake into parts ? this part is for you, this

part is ine. )o, kanya/kanya tayo ng trabaho. >ou cannot put the burden only in one court.

@or e*aple, you want to sue your debtor for not paying a loan. >ou ean to tell e that you will

go to the )C' All cases in the Philippines will have to filed there' B. >ou cannot do it. >ou have to

start fro certain courts in you city or unicipality.

gayon, pag/sinabi o kung saan ako ag/file, sa egional Trial Court "TC% ba' B sa DunicipalTrial Court "DTC%' Bf course, depende yan on how uch you are claiing. !f you are claiing so

uch, dito ka. !f you clai is lower, dito ka naan. Why is that' (ecause each has its own work. Eachone has its own portion ? what is yours is yours, what is ine is ine.

Thus, each court has its own -urisdiction and ay only try cases within its -urisdiction. o court hasall the power of the -udiciary but only a portion of it. )o there is a division of labor.

Fust as corporations cannot act without its officers, a court cannot function without a -udge. (ut do


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not say that the court and the -udge ean the sae thing. The -udge is the person or officer who

presides over a court.

1+ #istinguish court fro -udge.A+ The following are the distinctions+

4.% Court is the entity, body, or tribunal vested with a portion of the -udicial power, while -udge

is the person or officer who presides over a court. Fudges are huan beings ? they die, theyresign, they retire, they aybe reoved. The court continues to e*ist even after the -udge

presiding over it ceases to do so.

G.% The two concepts ay e*ist independently of each other, for there ay be a court without a -udge or a -udge without a court. "Paintuan vs. Llorente, G; Phil. 37G%

EHADPLE+ The present )upree Court ")C%, the -ustices presiding over it are not thesae -ustices who presided it in the early part of this century yet the Court in soe

decisions states that 8as early 4;56, &WE’ have already ruled such as suchI9 Why do they

use &WE’' They are talking about the court, they are not talking about theselves. The court

is continuous. !t does not die alongside with the -ustices who presided on it.

1+ Classify courts in general.

A+ 0enerally, courts ay be classified as+4.% )uperior Courts and @irst/Level courts "inferior courts%J

G.% Courts of Briginal -urisdiction and Courts of Appellate -urisdictionJ

3.% Civil Courts and Criinal CourtsJ7.% Courts of law and Courts of euityJ

6.% Constitutional Courts and )tatutory Courts.

SUPERIOR COURTS vs. FIRST-LEVEL COURTS

1+ #istinguish superior courts fro inferior courts.

A+ )KPE!B CBKT), otherwise known as courts of general -urisdiction, are those which takecogniance of all kinds cases, whether civil or criinal, and possess supervisory authority over lower

courts.

@!)T/LE:EL CBKT) "inferior courts%, otherwise known as courts of special or liited -urisdiction, are those which take cogniance of certain specified cases only. "47 A. Fur. G7;%

1+ What courts are superior or inferior'A+ !t #EPE#) on what viewpoint you are looking. !f you are looking fro the viewpoint of the

Constitution, there is only one superior court ? the )upree Court.

@ro the real viewpoint, the Court of Appeals "CA% aybe inferior to the )C but it is a superiorcourt for it e*ercises supervision over TC. !n the sae anner that the TC ight be inferior to the

)C and the CA but it has also power of supervision over DTC. The -urisdiction of the TC is varied. !t

is practically a -ack of all trade. The TC has also the power of supervision over DTC.

A superior court ay therefore handle civil, criinal cases while an inferior court ay try specified

cases only. The )C, CA including the TC are considered as superior courts.

The DTC is a first/level "inferior% court so that its power is liited to specified cases despite of the

law which e*panded the -urisdiction of the DTC. !t is already at the botto. Wala ng under pa sa


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kanya.

!n 4;;2 (ar+ E*plain the hierarchy of courts in the Philippines. Practically, the -udicial level is

being asked by the e*ainer.

ORIGINAL COURT vs. APPELLATE COURT

1+ #istinguish original court fro appellate court.

A+ B!0!AL CBKT) are those where a case is coenced, while APPELLATE CBKT) are

those where a case is reviewed. "(allentineMs Law #ict., Gnd Ed., p. ;4%

)o, if you are filing a case for the first tie, that case is filed in an original court. (ut the case does

not necessarily end there. >ou ay bring the case to the appellate court which has the power to changethe decision of the original court.

1+ !s the )C an original or appellate court'

A+ The )C is both an original and an appellate court. )oe people have the ipression that youcannot file a case there for the first tie ? that you have to file it soewhere else, then doon ")C% o i/

akyat. (ut when we study the -urisdiction of the )C, we will be able to know that it is not only an

appellate court, but also an original court. The )C has original -urisdiction on cases of certiorari, prohibition, andaus, etc. There are certain cases where one ay file directly to the )C.

1+ !s the CA an original or appellate court'A+ The sae is true with the CA. !t is both original and appellate court. ")ection ;, (P 4G;% When

we study the -urisdiction of the CA, you will see that it is both an original and an appellate court. There

are cases which are elevated to it fro the TC, but there are also cases which are filed there for the

first tie.

1+ ow about the TC' !s the TC an original or appellate court'

A+ The TC is also both original and appellate court. >ou can file certain cases there for the firsttie, and there are also decisions of the DTC which are appealable to the TC.

1+ ow about the DTC' !s the DTC an original or appellate court'A+ The DTC however, is a 455N original court. !t is the lowest court in the hierarchy. There are no

cases appealed to it. There is no such anial as barangay court. The barangay captains do not decide

cases, they only conciliate.

CIVIL COURTS vs. CRIMINAL COURTS

1+ #istinguish civil courts fro criinal courts.A+ C!:!L CBKT) are those which take cogniance of civil cases only, while C!D!AL

CBKT) are those which take cogniance of criinal cases only. "47 A. Fur. G7;J (allentineMs Law

#ict., Gnd Ed., p. 354%

All the courts in the Philippines are both civil and criinal courts. They can handle both types of

cases. The )C decides civil and criinal cases. The sae thing with the CA, TC and DTC.

)o, in the Philippines, there is no such thing as a 455N criinal court or civil court. Knlike before,

during the =5Ms there are soe special courts which were e*isting but were abolished by (P 4G;. There


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was the old Circuit Criinal Court. As the nae iplies, it is purely a criinal court.

(ut with the abolition of those special courts, all their powers were transferred to the present TC.

ight now, there is no such thing as a 455N civil court or a 455N criinal court. )o, all our courts are both civil and criinal courts at the sae tie.

COURTS OF LAW vs. COURTS OF EQUITY

1+ #istinguish Courts of Law fro Courts of Euity.

A+ CBKT) B@ LAW are tribunals only adinistering the law of the land, whereas CBKT) B@E1K!T> are tribunals which rule according to the precepts of euity or -ustice, and are soeties

called 8courts of conscience.9 "(allentine’s Law #ict., Gnd Ed., p. 353%

Courts Of Law dispose cases according to what the law says ? ! will decide your case by what the

law says. >an ang court of lawO When we say Courts Of Equity, it ad-udicates cases based on the

principles of euity. Principle of euity eans principles of -ustice, fairness, fair play.

1+ Are the Philippines courts, courts of law' Br courts of euity' #o they decide cases based on

what the law says' or, do they decide cases based on the principle of -ustice and fairness'

A+ !n the Philippines, our courts are both courts of law and of euity. !n the case of substantive law,there is a thin line which divides the principle of law fro the principle of euity because principles of

euity are also found in the principles of law. Euity is what is fair and what is -ust and euitable.

0enerally, what is legal is fair.

As a atter of fact under the Civil Code, when the law is silent, you decide it based on what is -ust

and fair. aya nga ay kasabihan na EQUITY FOLLOWS THE LAW . !n the Philippines you cannot

distinguish soeties the principle of law and the principle of euity because principles of euity arealso written in the law. Ea!"le+ The principle of estoppel, laches or solutio indebiti. Bne cannot say

that they are purely principles of euity since they are also found in our law. Knder the Civil Code,

when there is no applicable law, courts still have to decide according to custos and general principles.

Ea!"le+ E)TBPPEL. Estoppel is an euitable doctrine ? that it is not fair that you disown your

own representation after isleading soebody. (ut if you look a the Civil Code, eron ang chapterdiyan baO ? estoppelO )o if you apply estoppel, you cannot say that you are applying a principle not

found under the law.

Ea!"le+ LACE) ? the half/brother of prescription ? if you delay a certain right then you ust

have no right. That is ore of euity, rather than of law.

Ea!"le+ )BLKT!B !#E(!T!. o one should enrich hiself at the e*pense of another. That is a principle of euity. (ut if you look at the Civil Code, itMs thereO

The )C, when deliberating, focuses ore on -ustice and euity ? where reason can always befound. The )C once said that euity follows the law. !n the case of +

ALONZO vs. INTERMEDIATE APPELLATE COURTMay 28, 1987, #. Cru


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HELD: “The question is sometimes asked, in serious inquiry or in curiousconjecture, whether we are a court of law or a court of justice. Do we apply the law

even if it is unjust or do we administer justice even against the law? Thus queried,

we do not equivocate. The answer is that we do neither ecause we are a court oth

of law and of justice. !e apply the law with justice for that is our mission and

purpose in the scheme of our "epulic.#

)o the )C described it self both as a court of law and court of euity. ! have already talked with so

any -ustices of the )C before. And ! asked the on how do they deliberate on cases when soebody

files an appeal or petition. They told e, if you want to convince the )C to hear your caseI because

the tendency of soe lawyers is that they will file their petition and they will cite the law. Deaning, backed/up by statutory provisions ba. A -ustice of the )C told e that that is a wrong approach. #o not

tell us what is the law. We know ore law than you doO When you file a petition, fairness ust be on

your sideO (ecause when we deliberate and we agree that your side sees to be the correct one, todecide on your favor is ore than -ust to decide on the other side. Then, we will even look for the law

to support our decision. )o, you donMt have to tell us what is the law, we will look for it. And if there is

no law, we will ake it for you, by interpretingI because we are a court ore of euity than of law.(ut when we look on the euity, we will look for the law and chances are, there is the law to follow.

CONSTITUTIONAL COURTS vs. STATUTORY COURTS

1+ #istinguish Constitutional Courts fro )tatutory Courts.

A+ CB)T!TKT!BAL CBKT) are created directly by the Constitution itself, while)TATKTB> CBKT) are created by law or by the legislature.

!n our country, there is only one Constitutional court ? the )upree Court. Even the )andiganbayanis not considered a Constitutional court because it was not created by the Constitution directly. The

4;=3 Constitution ordered Congress to create )andiganbayan. !t was law that created )andiganbayan

"P# 47


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inherent powers. Fust like the )tate have certain inherent powers, whether written or not, these things

are understood to have the ? Police power, power of ta*ation, and power of ta*ation.

Courts have also inherent powers. Their very e*istence autoatically necessitates the e*istence ofthese powers. ow, that was already asked in the (ar before ? what are the inherent powers of the

court'

1+ What are the inherent powers of the court'

A+ )ection 6 ule 436 of the ules of Court of the provides+

Section 5. Inherent powers of courts. Every court shall have the power:(a) to preserve and enforce order in its immediate presence;(b) to enforce order in proceedings before it or before a person or persons empowered to conduct a

!udicial investigation under its authority;(c) to compel obedience to its !udgments orders and processes and to the lawful orders of a !udge out of court in a case

therein;(d) to control in furtherance of !ustice the conduct of its ministerial officers and of all other persons in

any manner connected with a case before it in every manner appertaining thereto;(e) to compel the attendance of persons to testify in a case pending therein;

(f) to administer or cause to be administered oaths in a case pending therein and in all. other cases where it may be necessary in the e"istence of its powers;

(g) to amend and control its process and orders so as to ma#e them conformable to law and !ustice;(h) to authori$e a copy of a lost or destroyed pleading or other paper to be filed and used instead of the

original and to restore and supply deficiencies in its records and proceedings.

There are any powers enuerated. )oe of the are coon sense. Every court has the power

to see to it that everything of his order is enforcedJ to copel obedience to his order. Coon senseyan. >ou are inutile if you cannot even enforce your own -udgentO )o !Mve been telling soe -udges

here, eh. )oeties we talk about this+ they say, it sees that ! donMt have the power under the ules of

Court. !tMs beyond y power. ! ade a decision but ! cannot see how was it enforced.

Parang papalakas/loob ang ule 436, )ection 6 because you can see there the powers that you donot know you have. These are inherent eh ? hindi puwedeng alisin sa iyo iyan. Btherwise, aginginutil ka ? ! have the power to decide but ! do not know how to enforce y decision. That is a sign of

ipotence "Charles, pinaringgan ka ni #eanO%. As a atter of fact, the ne*t section ")ection 2, ule

436% tells us how to carry out your -udgent. !f you do not know how to carry out your -udgent

because the law is silent, )ection 2 says, look for a way. anapan o ng paraanO

)!TKAT!B+ )uppose ! have the power to decide and ! render a decision. ! want to enforce the

decision, how do ! enforce' Well, usually the law provides for the procedure.

1+ (ut suppose the law does not provide for any anner to enforce' @or e*aple a -udge has

rendered a decision, and the law is silent on how to enforce it, do you ean to say that the order isunenforceable because the law is silent'

A+ B. )ection 2 of ule 436 answers the uestion.

SE% &. Means to carry jurisdiction into effect ' hen by law !urisdiction is conferred on a court or a !udicialofficer all au"iliary writs processes and all other means to carry it into effect maybe employed by such courtor officer; and if the procedure to be followed in the e"ercise of such !urisdiction is not specifically pointedout by law or these rules any suitable process or mode of proceeding may be adopted which appearsconformable to the spirit of said law or rules.


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What )ection 2 is trying to say is that when you have the power to decide, you have the power to

enforce. And if the law is silent, you have to think how to do it. (e creative. Provided you confor

with the spirit of the rule. )o you do not ake the order useless siply because there is no rule. !n

other words, try to look for a way on how to enforce you -udgent. That is part of your power.

ENFORCEAILITY OF COURT WRITS AN! PROCESSES

Another provision that ! want to ephasie before we leave this sub-ect of court is )ection 3 of the

!nteri ules.

Questio(+ The court of #avao will issue a writ or a process. Can that writ or process be enforced in

Cebu or Danila' Br only in #avao' Br only in egion !H' anggang saan ba ang enforceability ng

aking writ or processes' >ou have to distinguish what kind of writ or process you are talking about.

Knder )ection 3, !nteri ules+

Sec. . Writs and Processes. *a) rits of certiorari prohibition mandamus +uo warranto habeas corpus and in!unction issued by a

regional trial court may be enforced in any part of the region.b) ,ll other processes whether issued by the -% or /et% /% and /% may be served anywhere

in the 0hilippines and the last three cases without a certification by the !udge of the -%.

1+ What is the area of enforceability of writs and processes of the courts'

A+ Knder )ection 3 of the !nteri ules, you have to distinguish what kind of writ or process you

are talking about+a% !f it is a writ of certiorari, prohibition, andaus, uo warranto, habeas corpus, in-unction, it

can be enforced anywhere within the region. )o at least, TC can enforce it within the region

and it cannot enforce those writs outside the region.

EHADPLE+ !f you are illegally detained, you can ask the court to issue a writ of habeas

corpus. ow, a person is detained in (ansalan and the faily is here in #avao City. They fileda petition for habeas corpus in Dakilala, orth Cotabato. Dakilala is in egion 4G and the

TC of (ansalan is part of the 44th -udicial region. Thus, the -udge in Dakilala cannot issue

the writ of habeas corpus due to the fact that (ansalan belongs to the 44th -udicial region

while Dakilala is in the 4Gth -udicial region. The TC of Tandag, )urigao is egion 4G andtherefore can issue a writ of habeas corpus to be enforced in Dakilala which is hundreds of

iles away because they are of the sae -udicial region. And yet the TC of (ansalan cannot

issue a writ to be enforced in Dakilala, orth Cotabato, which is the ne*t town, because thatis not part of their region. The law is very clear+ writs of certiorari, prohibition, andaus,

uo warranto, habeas corpus and in-unction issued by a trial court ay be enforced in any part

of the region.

b% )ection 3 further says, all other writs are enforceable anywhere in the Philippines. )uppose the

DTC issues a warrant for the arrest of the accused in the criinal case, and he fled to (aguio

City, such warrant can be enforced there. This includes suons, writs of e*ecution or searchwarrants.

/oBo/


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JURISDICTION IN GENERAL

The word FK!)#!CT!B is derived fro G Latin words+ 4.% JURIS ? lawJ G.% DICO ? to speak,

or to say. )o, in effect, when you say -urisdiction, literally translated, it eans, $I s"ea+ &y the law.* !t

eans that you are saying 8! speak with authority9 because when you invoke the law, then your act is

authoried. Even in old ties when the representatives of the king or the sovereign will try to arrestsoebody or will try to enter your house, they open up in the nae of the law. They will always invoke

8in the nae of the law.9

)o when you say, 8! speak by the law9 ! will do it in the nae of the law. !t connotes authority or

power. >ou cannot be wrong. ow can you be wrong if you are doing it in the nae of the law' )oore or less -urisdiction siply eans authority or power. )o ore or less that is the whole concept of

-urisdiction. !t siply eans authority or power. That is precisely what -urisdiction is all about.

FK!)#!CT!B siply eans the power of the court to hear try and decide a case. !n its copleteaspect, -urisdiction includes not only the powers to hear and decide a case, but also the power to

enforce the -udgent. "47 A. Fur. 323/327%

1+ What is the effect if the court has no -urisdiction'

A+ !f a court has no -urisdiction, it has no power or authority to try a case and that is a concept you

already know in Criinal Procedure. Without -urisdiction, the trial is null and void as well as the -udgent.

Let’s go to a criinal case. Can you file an inforation for urder before the DTC' Br can youfile an inforation for slight physical in-uries before the TC' There is soething wrong there. !f a

slight physical in-ury case is filed against you in the TC, what will you do' !f !’ the lawyer of the

accused why will ! allow y client to be arraigned and to be tried when everything is null and void.

apoy/kapoy lang ako. )o !’ll file a otion to uash under ule 44=. That’s the sae thing in civilcases. !f you file a civil case before a court that has no -urisdiction, then it can be disissed for lack of

-urisdiction.

FK!)#!CT!B vs. EHEC!)E B@ FK!)#!CT!B

ow, let us not confuse -urisdiction with certain ters related to it.

1+ #istinguish ,uris%i'tio( fro eer'ise of ,uris%i'tio(.

A+ The authority to decide a case, not the decision rendered, is what akes up -urisdiction. !t does

not depend upon the regularity of the e*ercise of that power or upon the rightfulness of the decision

ade. Where there is -urisdiction over of the person and sub-ect atter, the resolution of all otheruestions arising in the case is but an e*ercise of -urisdiction. "errera vs. (arreto, G6 Phil. G76%

!n other words, FK!)#!CT!B is the authority. !f ! have no authority, ! cannot act. And if ! have

authority, ! can act. ow, if the court has authority, it will try the case and render -udgent.

ow, what the court will do later, like try the case and render -udgent is erely an EHEC!)E

B@ !T) FK!)#!CT!B. )o the trial and -udgent are all products of the e*ercise of -urisdiction. >ou

cannot talk of e*ercise without having first the authority. !t is a useless procedure when you say 8! will


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e*ercise soething which ! do not have.9

1+ Why is it iportant to distinguish -urisdiction fro e*ercise of -urisdiction'

A+ #efinitely, a court acting as such ay coit errors or istakes. That is why the action of thecourt can be uestioned later in a higher court. A court can coit an error which is either an error of

-urisdiction or an error of -udgent.

EHADPLE+ A case of urder was filed in the DTC. The accused, en )ur, files a otion to uash

because DTC has no -urisdiction over cases of urder. Eh, &yong -udge iba an &yong libro niya, 8o,

! have -urisdiction.9 )o the court denied the otion to uash. Deaning, the -udge has decided to assue -urisdiction. )o, eaning fro the very start ali na. ow what do you call that' When the court

without authority assues authority over the case that is called EB B@ FK!)#!CT!B ? the

court coitted an error of -urisdiction.

EHADPLE+ )uppose the case for urder is filed in the TC where the court has -urisdiction. )o

walang ali, everything is correct. (ut in the course of the trial, you cannot avoid istakes being

coitted like for e*aple, the court isinterpreting the provision of the PC saying that this is areuireent, this is not a reuireent for the crie. Deaning isapplication or isinterpretation of the

PC as well as isinterpretation of the rules of evidence ? wrong interpretation of the law. And the

accused was convicted but actually tingin o ali an ito, di baO Knder the law, this eleents was notconsidered or this eleent was considered as present. #o you say the decision of the -udge is null and

void' B, the -udgent is valid kaya lang ali. )o, you do not say the court coitted an error in the

e*ercise of -urisdiction, and that is called an EB B@ FK#0DET. And that was also asked in the bar.

EB B@ FK!)#!CT!B vs. EB B@ FK#0DET

(A 1KE)T!B+ #istinguish EB) B@ FK!)#!CT!B fro EB) B@ FK#0DET.

A+ The following are the distinctions+c% When a court acuires -urisdiction over the sub-ect atter, the decision or order on all

other uestions arising in the case is but an e*ercise of -urisdictionJ Errors which the

court ay coit in the e*ercise of such -urisdiction are erely EB) B@FK#0DETJ whereas-

When a court takes cogniance of a case over the sub-ect atter of which it has no

-urisdiction, the court coits an EB B@ FK!)#!CT!B.

d% EB) B@ FK!)#!CT!B are reviewable by certiorariJ whereas-

EB) B@ FK#0DET are reviewable by appeal.

$eaning, when a court has no jurisdiction ut insists in handling the case, that is a

mistake y the trial court. %t is called an error of jurisdiction.

ow, suppose a court has -urisdiction over the case but the decision is wrong ? it applied the wrong

provision of the law, or interpretation of evidence. This is not an error of -urisdiction because the courthas authority. (ut in the e*ercise of its -urisdiction, it coitted several errors. This is now what you

call an error of -udgent.


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1+ What is the use of distinguishing error of ,uris%i'tio( fro error of ,u%)!e(t '

A+ The difference is in the re!e%y taken. Actually, it is still an error. !f it is an error, it can be

corrected by a higher court. The iportance, however, as we will see later, is that there is a definite

procedure for correcting a istake and other procedures which we will know later where the courtcoits an error of -udgent and an error of -urisdiction.

!n error of -udgent, if the -udgent is wrong, it is a valid -udgent. >our reedy is to APPEALthe wrong -udgent to a higher court. (ut when a court coits an error of -urisdiction, where it

insists on handling a case when it has no authority, ! can uestion its actuation not necessarily by

appeal, but by resorting to 8e*traordinary reedies,9 which refer to the reedy of CET!BA! orPB!(!T!B. "Araneta vs. Coonwealth !ns. Co., L/446E), because you never leave the sae court. >ou are still in the sae court. This is because

-urisdiction is not with the -udge. !t is with the court itself.

TYPES OF "URIS!ICTION+

Types of -urisdiction+4.% 0eneral Furisdiction and )pecial or Liited FurisdictionJ

G.% Briginal Furisdiction and Appellate FurisdictionJ a(%

3.% E*clusive Furisdiction and Concurrent or Coordinate FurisdictionJ

4. 0EEAL FK!)#!CT!B and )PEC!AL B L!D!TE# FK!)#!CT!B

2.% E/E0AL #U0IS1ICTIO/ is the authority of the court to hear and deterine all actions

and suits, whether civil, criinal, adinistrative, real, personal or i*ed. !t is very broad ?

to hear and try practically all types of cases. "47 A. Fur. G7;J ahn vs. elly, 37 Cal. 3;4%


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=.% S2ECIAL or LI3ITE1 #U0IS1ICTIO/ is the authority of the court to hear and deterine

particular cases only. !ts power is liited. "47 A. Fur. G7;J ahn vs. elly, 37 Cal. 3;4%

)o, the court is authoried to hear and try certain specified cases. Liitado pa ang

power niya. And when you go over the Fudiciary Act, studying the -urisdiction of the

different courts, in civil cases you will see that the -urisdiction of soe courts like theTC, asyadong far ranging. !t covers any things whereas the -urisdiction of the

DTC, akipot. :ery narrow bah because it is a court of liited or special -urisdiction.

G. B!0!AL FK!)#!CT!B and APPELLATE FK!)#!CT!B

a.% O0II/AL #U0IS1ICTIO/ is the power of the court to take cogniance of a case at its

inception or coenceent. "(allentine’s Law #ict., Gnd Ed., pp. ;4 and ;4=% Bne can file

the case there for the first tie.

b.% A22ELLATE #U0IS1ICTIO/ is the power vested in a superior court to review and revise

the -udicial action of a lower court. "(allentine’s Law #ict., Gnd Ed., pp. ;4 and ;4=% !f one

court has the power to correct the decision of a lower court, the power of this court isappellate. This is because it coenced soewhere else and it is -ust reviewing the

decision of the said lower court.

EHADPLE+ Daya 1uitain will file a civil case in the TC and that court will take

cogniance and try it. >ou are invoking the original -urisdiction of the TC. After trial,

Daya lost the case, so Daya decided to appeal the decision of the TC to the CA. The

case is now there. !t is now in the CA and you are now invoking its appellate -urisdiction.

3. EHCLK)!:E FK!)#!CT!B and CBCKET B CBB#!ATE FK!)#!CT!B

a.% E4CLUSI5E #U0IS1ICTIO/ is that possessed by a court to the e*clusion of all others.

1+ )ugar FF filed a collection case against Fohn :era, for an unpaid loan of P6,555.

The -udiciary law says, if you file a civil case to collect an unpaid loan belowPG55,555, you should file it with the DTC. Can )ugar FF file it in the TC'

A+ B. Therefore the -urisdiction of the DTC is EHCLK)!:E. !t does not share

its power with other courts.

b.% CO/CU00E/T or COO01I/ATE #U0IS1ICTIO/ is that possessed by the court together

with another or other courts over the sae sub-ect atter, the court obtaining -urisdiction

first retaining it to the e*clusion of the others, but the choice of court is lodged in those persons duly authoried to file the action. ":illanueva vs. Brti, 6< B.0. 434


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in other courts. Therefore, he has the right to choose where to file. )o if Thaddeus files

it in court QG, and it assues now -urisdiction, out na ang court Q4 and court Q3. !f he

files it in court Q3, out na yong Q4 and QG. ow this is what you call CBCKET

-urisdiction because you can file the case in two courts or ore at your choice.

ow, last tie we were classifying courts and you learned that the )C is eron

palang original -urisdiction. !to palang CA also has original -urisdiction. Ang TCobviously is ore of an original court than an appellate court.

1+ Are there certain types of cases or petitions where ! can file it directly with the)C or file with the CA or file it with the TC'

A+ >E) and the best e*aple is a petition for A(EA) CBPK). The )C, CA

and TC share concurrent -urisdiction to entertain petitions for habeas corpus.Dakapili ka. !/file o )C, puwede. ung gusto o sa CA, puwede din. ung i?file

o sa TC, puwede. !n effect, these are the instances when the )C, CA and TC

e*ercise concurrent -urisdiction.

ELEMENTS OF JURISDICTION IN CIVIL CASES

!n your study of criinal procedure where you also studied the law on -urisdiction, there are alsosoe eleents of -urisdiction in criinal cases. Btherwise, the proceeding will be illegal. Furisdiction

over the sub-ect atterJ Furisdiction over the person of the accusedJ and the third is territorial

-urisdiction, i.e. the case should be filed in the place where the crie was coitted. !n civil cases

eron din iyong counterpart.

1+ What are the eleents of -urisdiction in civil cases'A+ The following+

a.% Furisdiction over the sub-ect atter J

b.% Furisdiction over the person of the parties to the caseJ

c.% Furisdiction over the resJ a(%d.% Furisdiction over the issues.

1+ ow, what happens if in a particular case one of these is issing'

A+ The proceedings becoe uestionable. The proceedings becoe void. The -udgent is not binding. That is the effect of lack of -urisdiction. The proceedings are tainted with illegality and

irregularity. Alright, let’s go over the one by one.

A. "URIS!ICTION OVER THE SU"ECT MATTER

1+ #efine -urisdiction over the sub-ect atter.A+ Furisdiction over the sub-ect atter is the power of the court to hear and deterine cases of the

general class to which the proceedings in uestion belongs. "(anco Espa$ol/@ilipino vs. Palanca, 3=

Phil. G;4%

!n other words, it is the -urisdiction over the nature of the action. ow, you know already the


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various types of civil cases such as actions for nullity of arriage, action publiciana, action

reivindicatoria, etc. This is what we call the ATKE B@ TE ACT!B.

ow, if the nature of the sub-ect atter of the action, e.) . annulent of arriage, where will youfile it' !t should not be filed in the wrong court or else it will be disissed. The counterpart of that in

Criinal law is e.). offenses punishable by death penalty cannot be tried with the DTC. Annulent

cases should be filed in the TC otherwise it will be disissed for lack of -urisdiction over the sub-ectatter.

1+ ow is -urisdiction over the sub-ect atter acuired or conferred'A+ Furisdiction over the sub-ect atter is conferred by law and is never acuired by consent or

subission of the parties or by their laches. This is a atter of legislative enactent which none but the

legislature can change. "D Co. vs Atty. 0en. G5 Phil. 6G3J Btibar vs. :inson, L/4 e'e"tio( is when there is estoppel by laches, as laid down in tile T!FAD vs.)!(B0AB> "April 46, 4;2


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A+ Furisdiction over the person is the power to render a personal -udgent through the service of

process or by voluntary appearance of a party during the progress of a cause. "(anco Espa$ol/@ilipino

vs. Palanca, 3= Phil. G;4%

1+ !n criinal cases, how does the court acuire -urisdiction over the person of the accused'

A+ (y having hi "4% arrestedJ "G% by service of the warrant of arrestJ or "3% by his voluntary

surrender.

1+ Even if he is not arrested, can the court try an accused without the accused being arrested'

A+ Bf course not, because the court has not acuired -urisdiction over his person. Arestuhin ouna. Then puwede siyang ag/bail kung gusto niya. After na/arrest, naglayas, nagsibat' (ahala ka i/

try in absentia. There will be a valid decision because the court has already acuired -urisdiction. Bf

course we cannot enforce the decision until we caught hi. Pero pagnahuli, ka diretso ka na sa prisuhan. >ou say, $I was (ot a&le to )ive !y si%e. I was (ot a&le to 'o(fro(t a(% 'ross6ea!i(e thewit(ess a)ai(st !e.* Eh, bakit ka naglayas' Pasensiya kaO That’s the concept of trial in absentia. (ut

for trial in absentia to proceed in criinal cases, you ust first arrest hi. >ou cannot try hi without

being arrested. >ou ust arrest hi and arraign hi first. The sae thing in civil cases. !t ust be thatthe court ust acuire -urisdiction over this person.

orally, when we say -urisdiction over the parties, we are referring to the PLA!T!@@ ? the onesuing, and the #E@E#AMT ? the one being sued. @or the decision to be valid, the court ust obtain

-urisdiction over the person of the plaintiff and the defendant. Btherwise, the decision will not bind the

parties over who the court has not acuired -urisdiction.

That is why -urisdiction over the parties is the power of the court to render a personal -udgent

which will bind the parties to the case. What is the use of rendering a decision if the parties are not

bound' !t ust have effect.

1+ ow does the court acuire -urisdiction over the plaintiff'

&: 'urisdiction over the person of the plaintiff is acquired from the moment he files his

complaint. (pon filing his complaint in court, he is automatically within the jurisdiction of

the court. )$"" *o. vs &tty. +en. - hil. /01

1+ ow does the court acuire -urisdiction over the defendant'A+ Furisdiction over the person of the defendant is acuired+

4.% upon service on hi of coercive process in the anner provided by lawJ or

G.% by his voluntary subission to the -urisdiction of the court. "D Co. vs Atty. 0en. G5 Phil.6G3%

First I(sta('e7 U2O/ SE05ICE O/ HI3 OF COE0CI5E 20OCESS I/ THE 3A//E0 20O5I1E1 8Y LAW

The first instance when a court acuires -urisdiction over the person of the defendant is through a

service upon hi of the appropriate court process which in civil law is called servi'e of su!!o(s. Thisis the counterpart of warrant of arrest in criinal procedure.

)o if the defendant was never served with suons, any -udgent rendered by the court will not bind hi. Even if he is the loser in the case, -udgent cannot be enforced because the court did not


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acuire -urisdiction over his person.

The sae principle holds true in criinal cases. A court cannot try and convict an accused over

whose person the court never acuired -urisdiction. !n criinal cases, the court acuires -urisdictionover the person through the issuance of a warrant of arrest. The warrant cannot have its effect even if it

was issued, if the sae had not been served, i.e. by effecting the arrest of the accused by virtue of a

warrant.

1+ !n criinal cases, how can the warrant of arrest be effected'

A+ Bnce an inforation has been filed in court, the court issues a warrant. Then, the arrestingofficer will arrest the accused. The court acuires -urisdiction by E@BCEDET B@ )E:!CE for

effective arrest of the accused pursuant to the warrant of arrest.

Se'o(% I(sta('e7 8Y HIS 5OLU/TA0Y SU83ISSIO/ TO THE #U0IS1ICTIO/ OF THE COU0T

Another way to acuire -urisdiction over the person of the accused even if the accused is notarrested is through :BLKTA> )KE#E. )ince there is no ore need for the warrant, the

court will recall the sae. !n civil cases, it is the voluntary subission of the defendant to the

-urisdiction of the court.

1+ #efendant was served with suons iproperly or irregularly therefore, he could uestion the

-urisdiction of the court over his person. (ut instead, he did not uestion the -urisdiction of the courtdespite the defective service of court process. #id the court acuire -urisdiction over the person of the

defendant'

A+ >E), because -urisdiction over the person can be acuired by+

a.% waiverJ b.% consentJ or

c.% lack of ob-ection by the defendant. "D Co. vs. Atty. 0en. G5 Phil. 6G3%

This is unlike the -urisdiction over sub-ect atter wherein the case could be disissed upon filing

in the wrong court. The )C said that when you reained silent despite the defects, your silence has

cured the defect. Deaning, the -urisdiction over your person was acuired by waiver, or consent, orlack of ob-ection.

1+ #istinguish -urisdiction over the sub-ect atter fro -urisdiction over the person of thedefendant'

A+ Lack of -urisdiction over the person of the defendant ay be cured by waiver, consent, silence or

failure to ob-ect, whereas -urisdiction over the sub-ect atter cannot be cured by failure to ob-ect or by

silence, waiver or consent. "D Co. vs. Atty. 0en. G5 Phil. 6G3%

C. "URIS!ICTION OVER THE RES

0ES is the Latin word for 8thing.9

1+ #efine -urisdiction over the res.A+ Furisdiction over the res is that acuired by the court over the property or the thing in contest,

and is obtained by seiure under legal process of the court whereby it is held to abide such order as the

court ay ake. "(anco Espa$ol/@ilipino vs. Palanca, 3= Phil. G;4%


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1+ A and ( uarreled over a piece of land. What is the res of the case'

A+ The piece of land is the res of the case.

1+ owever, res ay not be tangible. @or e*aple, Weng olotski is an illegitiate child. )he

wants to be acknowledged by her father. Thus, she filed a case against her father for copulsory

recognition. What is the res'A+ The res is the status of the child because it is the ob-ect of the litigation.

1+ Why is -urisdiction over the res iportant'A+ )oeties it is a substitute for -urisdiction over the person. There are instances when the court

cannot acuire -urisdiction over the defendant like when he is abroad. (ut if the court acuires

-urisdiction over the res, the case ay go on. Even if the court cannot acuire -urisdiction over the person of the defendant, -urisdiction over the res becoes a substitute over the person.

EHADPLE+ Even if the defendant is a non/resident who is out of the country and the ob-ect of

litigation is here in the Philippines, then acuisition of -urisdiction over the res confers -urisdiction tothe court even if the defendant is abroad. The res here is where the -udgeent can be enforced.

That is why in ule 47, there is an e*tra/territorial service of suons. (ut based on a )C ruling,the e*tra/territorial service of suons is not for the purpose of acuiring -urisdiction over the person

of the defendant but is erely how to coply with the due process clause.

!. "URIS!ICTION OVER THE ISSUES

1+ #efine -urisdiction over the issues.A+ Furisdiction over the issue is the authority to try and decide the issues raised by the pleadings of

the parties. "eyes vs. #ia, =3 Phil. 7


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A+ The issue is, whether the obligation still e*isting or is it already e*tinguished by payent. )o

that is the issue. )o that is where we will know what we will try in this case.

1+ )uppose after the trial, the court said that the obligation has been e*tinguished by condonation. ow where did the court get that' >our defense is payent, and the decision now it was e*tinguished

by condonation. !s the decision correct'

A+ The decision is WB0 because the parties did not raise condonation as the issue. The casewas decided on an issue that was not even raised by the parties. )o the court never acuired

-urisdiction over the issue. !n other words, the court should only rule on what the parties raised in their

pleadings. That is what we call -urisdiction over the issue. The court should only rule on what the parties clai.

)o, the court is supposed to rule on the issue raised and not those not raised by the parties.

Take note that -urisdiction over the issues in civil cases is acuired after defendant has filed an

answer. !n criinal cases, -urisdiction over the issues is acuired upon filing of a coplaint. @or a

decision to be effective, the court ust acuire the -urisdiction over the sub-ect atter, the person, theres in case the defendant is not around, and the last is -urisdiction over the issue.

1+ #istinguish -urisdiction over the sub-ect atter and -urisdiction over the issues.A+ The following are the distinctions+

4.% Furisdiction over the sub-ect atter is the power to hear and try a particular case, whileFurisdiction over the issues is the power of the court to resolve legal uestions involved in

the caseJ

G.% Furisdiction over the sub-ect atter is acuired upon filing of the coplaint, while

Furisdiction over the issues of the case is acuired upon filing of the answer which -oins theissues involve in the case.

EHADPLE+ ! a the plaintiff, ! will file a case in court to collect an unpaid loan. @rothe oent ! file the case, the court has acuired -urisdiction over the sub-ect atter. ow,

you are suoned. @ile ka naan ng sagot o, 8Wala akong utang, bayad na.9 Then the

court has now acuired -urisdiction over the issue. Bne is acuired upon filing of thecoplaint and the other one is acuired after the filing of the answer by the defendant.


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HIERARCHY OF THE COURTS

!n the 4;;2 (A+ Bne of the uestions in eedial Law was+ )tate the hierarchy of the Courts in

the Philippines.

a.% egular courts

)KPEDE CBKT

CBKT B@ APPEAL)

E0!BAL T!AL CBKT)

DetTC DTCC DTC DCTC

/ote7

M#$TC- !n Danila

MTCC- cities outside Danila e.g. Cebu, #avao

MTC/ unicipalities such as #igos, Panabo

MCTC/ circuitied areas because it is ipractical and e*pensive to aintain one DTC in every

unicipalities.

b.% )pecial courts

There are also )pecial Courts which are also considered part of the -udiciary. These are+

4. Court of Ta* Appeals "A 44G6%G. )andiganbayan "P# 47


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JURISDICTION OF THE SUPREME COURT

The highest court of the land is the )upree Court. !t was not affected by the Fudiciary Law "(P

4G;% which reorganied the -udiciary in 4;


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&9 All 'ases i(volvi() the le)ality of a(y ta- i!"ost- assess!e(t- or toll- or a(y "e(alty i!"ose% i(

relatio( thereto.

This is related to the legality of ta* cases ? whether a ta* or ta* penalty is legal or not. owever,whatever decision the lower court gives, it has to be appealed directly to the )C.

:'9 All 'ases i( whi'h the ,uris%i'tio( of a(y lower 'ourt is i( issue

EHADPLE+ The TC or the DTC says it has -urisdiction or it has no -urisdiction over a case. Theaggrieved party, it if wants to raise that -oint, it ust go to the )C. When the issue is purely -urisdiction,

the )C shall have e*clusive appellate -urisdiction.

ow, when the law says all cases in which the -urisdiction of any lower court is in issue, the cases

involve 455N pure -urisdiction as an issue. There are no factual issues involved. !f the issue of

-urisdiction is i*ed with a factual issue, the appeal should be in the CA without pre-udice to the filing

of the sae with the )C later. )o, this is 455N issue of -urisdiction. o factual issue is involved.

:%9 All 'ri!i(al 'ases i( whi'h the "e(alty i!"ose% is re'lusio( "er"etua or hi)her.

We will not dwell on this. This is ore on Criinal Procedure. We are only interested in civil

cases.

:e9 All 'ases i( whi'h o(ly a( error or questio( of law is i(volve%.

Take note that BL> an error or uestion of law is involved. )o, if there is a i*ed uestion of lawand a uestion of fact, appeal ust be filed with the CA. >ou only go to the )C if the appeal is 455N

legal. That applies to both criinal and civil cases.

1KE)T!B) B@ LAW and 1KE)T!B) B@ @ACT

The best e*aple of uestions of law where the issues are purely legal are classroo probles. The

uestion is+ Who is ri)ht; A or 8; 0easo(s. >ou apply the law. (ut as to what happened, the facts are

already given. (ased on these facts who is correct' >un ang tinatawag na uestion of law.

Pero if the facts are still vague, that is not a uestion of law, that is a uestion of fact. E*aple+

Lyle filed a case against Aivy to collect an unpaid loan. According to Lyle, Aivy borrowed oney fro

hi and it’s already overdue and she has not paid. Aivy adits she borrowed oney fro Lyle but saysshe has already paid. ow, the uestion in the e*a+ Who is telli() the truth;

Dy gollyO ow can you answer the uestion who is telli() the truth' !n other words, ! have to hearthe. >un ang tinatawag na uestion of fact ? what happened, pinag/aawayan pa. When you go to )C

in civil cases, you are not there to ask the )C to deterine who is telling the truth. >ou are asking who

is right under the law.

OTHE0 CO/STITUTIO/AL 20O5ISIO/S 1EALI/ WITH THE

#U0IS1ICTIO/ OF THE SU20E3E COU0T


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Article !H, )ection =, paragraph "a%, 4;


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basis of the proclaation of artial law. Deaning, the )C can inuire into the basis on why artial

law is declared.

Which therefore abandons the Political 1uestion doctrine laid down in any earlier cases that it isthe prerogative of the President to deterination, at his discretion, the sufficiency of the factual basis of

the proclaation of artial law or the suspension of the privilege of the writ or the e*tension thereof.

)o this particular provision of the Constitution cae about in 4;


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CBCKET with the TC are those actions affecting abassadors and other public inisters

and consuls. This is based on the Fudiciary Law and the Constitution.

CBCKET with the CA and TC are those involving habeas corpus, quo warra(to, and writsof certiorari, prohibition, and andaus against inferior courts and bodies. @or e*aple, a petition for

andaus against the DTC of #avao City can be filed with the )C, CA, or TC although the policy of

the )upree Court is that it should be filed with the TC based on the hierarchy of the courts. ":ergaravs. )uelto, 462 )CA =6


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Section ' Jurisdiction ' he %ourt of ,ppeals shall e"ercise:

(1) riginal !urisdiction to issue writs of mandamus prohibition certiorari habeas corpus and +uo warrantoand au"iliary writs or processes whether or not in aid of its appellate !urisdiction.

#oes the language sound failiar to you' 8Briginal -urisdiction to issue writs of andaus,

prohibition, certiorari, habeas corpus, uo warranto.9 #id you hear that before'

Knder the original -urisdiction of the )upree Court the language is the sae, eh. ow, we take

the sae provision for the second tie. )o, if ! would like to file a petition for habeas corpus, wherewill ! file it'

1+ !f ! file it with the )upree Court, is it allowed'

A+ >es, because the Constitution says so.

1+ (ut suppose ! will instead file it with the CA, is it also allowed'

A+ >es, under )ection ;, paragraph 4.

)o what is the conclusion' The )C and the CA e*ercises concurrent -urisdiction to entertain petitions to issue writs of andaus, prohibition, certiorari, habeas corpus, and uo warranto.

Alright, so ! will go to a specific )!TKAT!B+ !’ a clever lawyer, and ! will file a petition for uo

warranto. !n order to be sure ! will get what ! want, ! will prepare two identical petitions. )ince

concurrent an sila, ! will file before the )C and the other one with the CA. )igurista ba ? kungadisgrasya sa isa, eron pang isa.

1+ Can ! do that' Deaning, ! will file one petition before the )C, ! will file another petition,

pareho/pareho ? ! will invoke the -urisdiction of the two courts at the sae tie. ow, suppose ! will

do that, what do you think will happen to e'A+ The conseuence is found in )ection 4= of the !nteri ules. That’s why, as ! said, the !nteri

ules are still intact.

Interim -ules Sec. 1un bang sabay/sabay kang ag/file ng case. >ou will invoke the -urisdiction of two or ore courts

siultaneously. That is an act of contept of court "ule =, )ection 6%.


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E(CLUSIVE "URIS!ICTION OF THE COURT OF APPEALS

RGS )ection ;, paragraph G, (P 4G;

(4) E"clusive7 !urisdiction over actions for annulment of !udgments of -egional rial %ourts;

>es, you will notice again that this type of action belongs to the original -urisdiction of the CA. (ut

there is soething that you will notice. !n paragraph G, it says there ? 8e*clusive -urisdiction.9 !n

paragraph 4, the word 8e*clusive9 is not present. As already e*plained earlier in paragraph 4, the

-urisdiction of the CA is concurrent with the )C. !n paragraph G, the original -urisdiction of the CA ise*clusive with the CA. >ou can only file this type of action before the CA such as an action for

annulent of -udgents of the TC’s.

1+ Actions for annulent of -udgents of TC’s, an action to annul a -udgent of the TC. ow,

is this siilar to an appeal' !s this the sae as appealing the decision of the TC to the CA'

A+ o, because in appeal, you are invoking the appellate -urisdiction of the CA. ere in paragraphG, it is not appellate -urisdiction. Briginal ito, eh. Deaning, you are filing an action before the CA for

the first tie. And the nature of the action is to annul a -udgent of the TC.

Well, you are failiar with the Civil Law about actions of annulent of contracts. )o, if there issuch a case of annulent of contract, there is also such a case as annulent of -udgents of the TC’s

and you coe to wonder+

1+ What would be the ground' What will be the ground to annul the -udgent of the TC and how

do you distinguish it fro an appeal'

A+ The present 4;;= Civil Procedure now contains a specific rule on this. (efore 4;;=, theguidelines on annulent of -udgent of the TC’s are )C decisions. There is no specific rule, ba. (ut

&yung guidelines are based on -urisprudence.

ight now, starting Fuly 4, 4;;=, there is now a specific rule on annulent of -udgents of TC.

And that is ule 7=. That is an entirely new rule. )o that is enacted precisely to ipleent )ection ;

Paragraph G. Bf course, we will discuss that rule very uch later.

APPELLATE "URIS!ICTION OF THE COURT OF APPEALS

ow we’ll go the 3rd. Paragraph 3 is the ost popular -urisdiction of the CA. Appellate, eh. This

is what is often involved. Dost of the cases which land in the CA are appealed cases. Alright, so

paragraph 3 defines the appellate -urisdiction of the CA.

R3S )ection ;, paragraph 3, (P 4G;

() E"clusive appellate !urisdiction over all final !udgments decisions resolutions orders or awards ofthe -%s and +uasi*!udicial agencies instrumentalities boards or commissions including the Securities andE"change %ommission the Social Security %ommission the Employees %ompensation %ommission and the%ivil Service %ommission e"cept those falling within the appellate !urisdiction of the S% in accordance withthe %onstitution the =abor %ode of the 0hilippines under 0> ??4 as amended the provisions of this ,ctand of subparagraph (1) of the third paragraph and subparagraph (?) of the fourth paragraph of Sec. 1< of the@udiciary ,ct of 1?A.


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Take note, the appellate -urisdiction of the CA is EHCLK)!:E. ow, if you will analye paragraph

3, you will notice that the CA is a powerful court because it has e*clusive appellate -urisdiction over all

final -udgents, decisions, resolution, orders or awards of TC’s. )o as a general rule, if the TC,anywhere in the country renders a decision and you want to appeal, whether civil or criinal, chances

are it will go the to CA. !t is a powerful court, eh ? all TC’s eh ? e*clusive pa.

And not only only TC’s. The law says 8and uasi/-udicial agencies, instruentalities, boards or

coissionsI9 ot only decisions of the TC but uasi/-udicial, this is what you call adinistrative

bodies.Adinistrative bodies are not actually part of the e*ecutive branch but they act -ust like courtsof -ustice. They can decide cases and there are hundreds of adinistrative agencies in the Philippines.

And therefore, if you lost a case before anyone of these bodies, or tribunals, you appeal the decision not

with the )C, but to the CA.

The aendents by A =;5G is even ore specific by adding this phrase, 8including the )EC,

))), the Eployees Copensation coission and the Civil )ervice Coission "C)C%.9 That is the

addition. 0i/klaro ba.

C)C ? this is what !’ve notice beforeI! told you before. (efore this law was passed, under the

Constitution, decisions of the C)C are appealed to the )C together with the CBDELEC and the CBA.(ut with the passage of A =;5G, the appeal fro the C)C has been transferred to the CA, so what is

left behind in the Constitution is the CBDELEC and the CBA na lang.

@or a while there ! thought that this was wrong because the C)C is a constitutional body and its

decisions shall be appealed to a non/constitutional body like the CA. )o, how do we reconcile this with

the Constitution, Article !H/A, )ection =, where it states that the ruling of each coission shall be

reviewed by the )C' owever, the sae provision states that+ 8Knless otherwise provided by thisConstitution or by law.9 And the law is the A =;5G. )o, this is how we reconcile it, in other words, the

Constitution and the law can provide for a different ode.

Bbviously, the purpose of this statute is to unburden the )C with so any cases. At least transfer

soe of the workload to the CA. That is the obvious purpose.

The phrase 8e*cept those falling within the appellate -urisdiction of the )upree CourtI9eans all

cases should be appealed to the CA e*cept those which belong to the )C under the Constitution. We

know that already. When the issue is the constitutionality of the law, treaty, legality of any ta*, the -urisdiction of any lower court ? yan, hindi puwede sa CA. #iretso yan sa )C.

And also 8e*cept those falling under the Labor Code of the Philippines.9 A labor case is not

supposed to be filed in court but with a uasi/-udicial agency known as the LC and you start in thelocal level ? fro the Labor Arbiter, then the decisions of the Labor Arbiter are appealable to the

LC and then fro there, where will you go'

1+ !s the decision of the LC appealable before the CA' (ecause it is also a uasi/-udicial

agency and under the law, all decisions of uasi/-udicial agencies are supposed to be appealed to the

CA.A+ B. The decision of the LC is an e*ception ? e*cept those under the appellate -urisdiction of

the )C under the Constitution and in accordance with the Labor Code "P# 7GG%. )o conclusion+ LC

decisions cannot be appealed to the CA and the only way to elevate it is to the )C by what we call


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HEL!+ The power of the CA to receive evidence refers only to incidental facts which

were not 455 percent touched upon, or atters which were siply overlooked by the trial

court. >ou cannot opt not to present evidence before the TC. !t only refers to incidental

facts.8Evidence necessary in regards to factual issues raised in cases falling within the

Appellate Court’s original and appellate -urisdiction conteplates &incidental’ facts which

were not touched upon, or fully heard by the trial or respondent Court. The law could nothave intended that the Appellate Court would hold an original and full trial of a ain factual

issue in a case, which properly pertains to Trial Courts.9


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JURISDICTION OF THE

REGIONAL TRIAL COURTS

!to ang third level, &no' And by going over their -urisdiction, you will see that it is a court ofgeneral -urisdiction and it is actually the workforce of the whole -udiciary. &>anItalagang abigat

ang trabaho nitong TC. Their workload is terrible. (efore, soebody asked e, 8#ean, gusto ongag/-udge sa TC'9 !nyuha na naO "(urawi nyoO% !nyo na nang trabaho na &yan because there are G

things there when you get the -ob of the TC -udge+ Bf course, you want to e*cel, you want to do your -ob properly and efficiently, you will die early because of the workload. Br, you end up as one who is

lay. >ou end up with adinistrative cases for lainess, left and right. )o abuti pa, huwag ka na lang

agtrabaho diyan, kasi abigat ang trabaho diyan.

1+ ow any TC’s are there in the Philippines, fro orthern Luon to )outhern Dindanao' !n

your opinion'A+ >ou look at the opening clause of )ection 43+

Section 13 (1) Creation of Regional Trial Courts – There are hereby createdthirteen (13) Regional Trial Courts, one for each of the following regions: xx

)o the Fudiciary law has divided the country into 43 areas which is called FK#!C!AL E0!B .@ro the 4st to the 4Gth, the 43th is actually in the ational Capital egion "C%, Detro Danila.Every division is divided into branches and the nuber of branches keep on increasing by law.

)o, to what region do we belong' We are in the 44th -udicial region. )o there is one TC for the44th -udicial region, pero bakit &yun ganoon' #avao City lang, ore than 45 na' Well, here is where

you will go back to your fundaentals. A court is not the sae as a -udge. &>anI

Actually, what the law says is that, there are 43 TCs, and every court is divided into branches. )o,kung branches siguro, alapit nang aging 4555 throughout the country. )o there are 43 courts with

alost 4555 -udges. ow, as a atter of fact, if you want to know e*actly how any there are, you

refer to your )ection 47. Actually, this has been aended any ties because fro 4;


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Sec 1! Jurisdiction in civil cases – Regional Trial Courts shall exerciseexclusi"e original #urisdiction:

$1% &n all ci"il actions in which the sub#ect of the litigation isinca'able of 'ecuniary estiation

What does it ean' When the sub-ect of the litigation is not e*pressed in ters of pesos, centavos.

Alright.

!n ost cases that we know, the deand of the plaintiff is e*pressed in ters of aount, eh.EHADPLE+ A creditor will file a case for the collection of the unpaid loan fro the defendant. Ang

nakalagay sa deanda niya, that after trial that the court should order the defendant to pay hi the su

of P655,555 na utang with interest. )o, the sub-ect is e*pressed in ters of aount of daages ba, the

court shall award to the defendant daages aounting to half a illion. araihan ng kaso ganyan.

(ut here, in this civil case, the sub-ect of the civil case is not capable of pecuniary estiation. !t

cannot be estiated or calculated in pesos.

EHADPLE is an action for annulentJ rescission of contractJ an action for specific perforanceJan action for declaratory relief by e*press provision of the law nowJ an action for the peranentin-unction against soebodyJ

$% &n all ci"il actions which in"ol"e the title to, or 'ossession of, real 'ro'erty or any interest therein, where the assessed "alue of the 'ro'ertyin"ol"ed exceeds *+,+++ or for ci"il actions in etro anila, where such"alue exceeds *-+,+++ exce't actions for forcible entry into and unlawfuldetainer of lands and buildings. original #urisdiction o"er which is conferredu'on the etro'olitan Trial Courts, unici'al Circuit Trial Courts.

)o real actions outside of forcible entry and unlawful detainer. The best e*aple would be accion publiciana, accion reinvidicatoria, uieting of title, provided the value of the property e*ceeds

PG5,555.55 based on the assessed value of the property.

)o, for a lesser value, DTC has -urisdiction. This is why DTCs now has -urisdiction over accion

publiciana when the value of the property is PG5,555 or less. (ut kung forcible entry and unlawfuldetainer, klaro yan ? walang TC.

ow, if in Detro Danila, then value is P65,555. (ut outside Detro Danila, the assessed value isonly PG5,555.

$3% &n all ci"il actions in adiralty and aritie #urisdiction where thedeand or clai exceeds /ne 0undred Thousand 'esos (*1++,++++) $now *h*++,+++++% or, in etro anila, where such deand or clai exceeds Two0undred Thousand 'esos (*++,+++++)$now, *h* ++,+++%

EHADPLE+ The shipper will ship to you in #avao goods involving coon carrier. While in

transit, the goods are lost or they are totally daaged. >ou would like to file a clai or a case againstthe carrier, what kind of a case' That is an adiralty or aritie case.

1+ !f you are going to file a case against the shipping copany, where will you file it' TC or


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DTC'

A+ !t depends on how uch is your clai. !f your clai of the daaged or lost cargo e*ceeds

PG55,555, sa TCJ if it is PG55,555 or less, sa DTC. !n Detro Danila, the -urisdiction is higher ? it

should be over P755,555. ow do not confuse this with o. G because that involves LA# with orethan PG5,555 value.

Take note that prior to August 42, 4;;;, the clai should e*ceed P455,555 or PG55,555 in DetroDanila as the case ay be. ow, the clai is ad-usted to PG55,555 and P755,555, respectively pursuant

to )ection 6 of A =2;4 which took effect last August 46, 4;;6+

R2 4!1, Sec - 2fter fi"e (-) years fro the effecti"ity of this 2ct, the#urisdictional aounts entioned in Sec 1!(3), (), and (5). and Sec 33(1)of 6atas *abansa 6lg 1! as aended by this 2ct, shall be ad#usted to Twohundred thousand 'esos (*++,+++++) 7i"e (-) years thereafter, such#urisdictional aounts shall be ad#usted further to Three hundred thousand

'esos (*3++,+++++): *ro"ided, howe"er, That in the case of etro anila, theabo"eentioned #urisdictional aounts shall be ad#usted after fi"e (-) yearsfro the effecti"ity of this 2ct to 7our hundred thousand 'esos (*++,+++,++)

)o after August 42, 4;;; "6 years fro the effectivity of A =2;4% yung P455,555.55 naging

PG55,555 na. >ung PG55,555 in Detro Danila, naging P755,555. Then after another 6 years "G557%,

aakyat na naan ang -urisdiction ng DTC. )o fro the original P455,555.55 agiging P355,555 na

yan. Autoatic ha.

$% &n all atters of 'robate, both estate and intestate, where the gross"alue of the estate exceeds /ne 0undred Thousand 'esos (*1++,+++++) $now*++,+++% or, in 'robate atters in etro anila, where such gross "alueexceeds Two 0undred Thousand 'esos (*++,+++++) $now *++,+++%

!n the sub-ect of Wills and )uccession, when a person dies, his estate, his property will be settled

for the benefit of his creditors and heirs. That is what you call either as testate or intestate proceedings

depending on whether the deceased left a will or none.1+ Where should the estate of the deceased person be settled, TC or DTC'

A+ !t depends on how uch is the gross value of his estate. !f it e*ceeds PG55,555, TC. !f it isPG55,555 or less, it should be with the DTC. !n Detro Danila again, it is doubled, the gross should be

ore than P755,555. And again, this will autoatically increase after 6 years fro 4;;;.

$-% &n all actions in"ol"ing the contract of arriage and aritalrelations

Dost of these cases are under the @aily Code.

1+ What are the possible actions which you can iagine involve the contract of arriage andarital relations'

A+ Annulent of arriage, legal separation, declaration of nullity, dissolution of the absolute

counity of husband and wife, and action for support. These cases are the ones arising under the@aily Code, where it arises out of a arital relationship.

Take note that these cases are B LB0E covered by the TC because under A


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R2 534!, S8CT&/9 - Jurisdiction of Family Courts The 7aily Courtsshall ha"e exclusi"e original #urisdiction to hear and decide the followingcases:

x x x x x xd) Co'laints for annulent of arriage, declaration of nullity of arriage

and those relating to arital status and 'ro'erty relations of husband and wife or those li"ing together under different status and agreeents, and 'etitions for dissolution of con#ugal 'artnershi' of gains.

x x x x x x

ow, in areas where there are no faily courts, the cases shall be ad-udicated by the TC. )o

certain branches of the TC will act as faily courts "acting faily courts.

We shall skip first no. 2. We will return to that later. Let’s go to no. =.

$% &n all ci"il actions and s'ecial 'roceedings falling within theexclusi"e original #urisdiction of a ;u"enile and


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#A particularly the #A Ad-udication (oard "#AA(%, aking the uasi/-udicial cases . )o, fro

CA to TC, fro TC to #AA(

)o the TC has B -urisdiction, EHCEPT in the following G cases+

g.% Cases where the issue is PA>DET B@ FK)T CBDPE)AT!B, f or, the property which has

been taken under CAP lawJ

EHADPLE+ !f you are a landowner and your agricultural land is placed under the CAP

coverage, the governent will fi* the payent for you. The trouble is that you did not lotagree on the aount of payent. Agrabiyado ka sa copensation ng gobyerno. ow, you

go to TC and you ask for higher copensation.

4.% Prosecution of criinal offenses for violation of the CALJ

)o these are the only agrarian cases which still belongs to the TC. This was e*plained by the )C

in the case of

QUISMUN!O vs. COURT OF APPEALS

G54 )CA 25; R4;;4S

EL#+ 8Wth the enactent of E*ecutive Brder o. GG;, which took effect on

August G;, 4;


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PG5,555 to P455,555. And under the present law, it is now PG55,555. (ut again, this is sub-ect to the

autoatic increase in -urisdiction by G557.

1+ )uppose the principal aount that you borrowed fro e is PG55,555, the interest is P35,555.And you are collecting P45,555 for oral daages, another P45,555 for e*pense of litigation, etc. )o

y total clai is PG65,555. Where will ! file the case'

A+ DTC pa rin. !n deterining the -urisdictional liit of PG55,555, do not include the interest,daages, attorney’s fees, etc. )o you deduct those fro the principal clai even if you put the in

your coplaint because the law says, 8*** e*clusive of interest, daages of whatever kind, attorney’s

fees, litigation e*penses, and costs ***.9

1+ What are litigation e*penses and costs'

A+ Costs are not the sae as attorney’s fees and litigation e*penses. Actually, attorney’s fees andlitigation e*penses are part of daages. Costs are governed by ule 474, while attorney’s fees and

litigation e*penses are governed by the Civil Code. (ecause there is soe confusion there, akala ang

costs and litigation e*pense, pareho. o, they are not the sae.

ACT!B) PKEL> @B #ADA0E)

)!TKAT!B+ )uppose the action is purely for daages, like breach of contract of carriage. !nsteadof bringing you to your destination, you ended up in the hospital. >ou now sue the coon carrier for

daages and your clai is P4 illion for in-uries, oral, e*eplary, etc. ow, because the law says

the -urisdiction of the TC is above PG55,555 but do not include daages. The clai in this case is P4illion, all for daages. ow, where will you file the case'

)oebody said it should be in the DTC because in deterining the -urisdiction of the TC, you do

not include daages. !f that is the interpretation, ! said, all daage suits cannot be tried by the TC because reeber, you pay filing fee for these cases but the -urisdiction is liited to the DTC. That is

absurdO ! do not believe that kung puro daages wala ng -urisdiction ang TC. Btherwise, all daage

suits should be filed in the DTC.

This uestion has been clarified by )C Circular o. 5;/;7+ 80uidelines in the !pleentation of

A =2;4 E*tending the Furisdiction of the DTCs9 where the )C said that the provision e*cludingdaages applies only if the daages are !C!#ETAL to the action. !f the ain cause of action is

455N daages, you include it in deterining tire PG55,555 -urisdictional liit of the DTC.

EHADPLE+ Ds. Pastor rode on a PAL fight. The plane crashed but she survived. )he clais for

daages for breach of contract of carriage aounting to P4 illion.

1+ Where will she file her case'

A+ TC because the aount of the clai for daages e*ceeded PG55,555. )ince the case is purelyfor daages, it is included in deterining the -urisdiction of the court.

The rule is, you only e*clude the daages if it is a secondary clai. (ut if daages is the priaryor only clai, you deterine whether the total clai for daages is above PG55,555, or eual to or less

than PG55,555. >aaannO

The )C said in this Circular, 8the e*clusive daages of whatever kind9 in deterining the

-urisdiction under )ection 4; paragraph R


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ORTIGAS AND CO., LTD PARTNERSHIP vs. HERRERA4G5 )CA ou are copelling hi to coply with theagreeent ? to return the oney after certain condition are coplied with, di ba' >ou are

trying to enforce your agreeent. therefore your action is an action for )PEC!@!C

PE@BDACE which should be tried by the TC under paragraph R4S.

8When a party to a contract has agreed to refund to the other party a su of oney uponcopliance by the latter of certain conditions and only upon copliance therewith ay

what is legally due hi under the written contract be deanded, the action is one notcapable of pecuniary estiation.9 )o it is cogniable by the TC.

!))KE QG+ (ut according to the plaintiff, when he filed the coplaint, it is entitled 8for

su of oney9 which should fall under paragraph R


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A+ BO What the law says is+ annulent of -udgent of TC, and not DTC. ow about )upree

Court' Lalong wala. )aan ka pupunta' There is really no provision in (P 4G; which goes that way. !

don’t think you can go to LC.

Wala kang apuntahan, saan ka tatakbo' )a TC because it does not belong to the -urisdiction of

any other court. !t should fall under paragraph R2S That is why, this, there are probles reaching the )C

on -urisdiction ? whether a case belongs to this, to the regular court or to a special uasi/-udicial body.And we are going to go over soe of these cases.

SAN!OVAL vs. CANEA4;5 )CA == R4;;5S

@ACT)+ The uarrel in this case involves the owner of the subdivision and the buyer.Later on, the buyer refused to pay the unpaid installents. The subdivision developer filed a

case for the collection of unpaid installents over the subdivision lots. ow, if you look at

the law, parang oney clais sa TC or DTC.

EL#+ The regular courts have no -urisdiction. That should be decided by the ousing

and Land Kse egulatory (oard "LK(% forerly known as A. Knder P# ;6=, it is

the LK( not the TC or DTC which has the -urisdiction to hear a case involving non/ payent of installents over subdivision lots.

The counterpart of this case was the case of

CT TORRES ENTERPRISES, INC. vs. HIIONA!A

4;4 )CA G2< R4;;5S

@ACT)+ This is also the case between the buyers of a subdivision lot against the

subdivision developer. Bnly this tie baliktad ? it is the subdivision lot buyers who aresuing the developer of the subdivision. The subdivision lot owners filed against the

subdivision developer for not aintaining properly the roads of the subdivision. )o they

filed a case for specific perforance with daages to copel the developer to coply withthe contract to aintain the roads.

EL#+ The -urisdiction is with the LK( and not with the regular courts. (utaccording to the plaintiff $8ut I

'a( awar% the %a!a)es.* Can the LK( award daages' According to the )C+

8The arguent that only courts of -ustice can ad-udicate clais resoluble under the provisions of the Civil Code is out of step with the fast/changing ties. There are hundreds

of adinistrative bodies now perforing this function by virtue of a valid authoriation

fro the legislature. This uasi/-udicial function, as it is called, is e*ercised by the as anincident of the principal power entrusted to the of regulating certain activities falling

under their particular e*pertise.9

)o uasi/-udicial bodies are now authoried to award daages.

As a atter of fact in Labor elations, the uestion is asked whether the LC is authoried to

grant daages also to an eployee, oral and e*eplary, which norally is only awarded by courts.


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The Labor Code says yes. !n other words, even daages now can be awarded by adinistrative bodies

such as LC.

FAJARDO vs. AUTISTAG3G )CA G;4 R4;;7S

@ACT)+ !sabelo and Darita Fareno and the owners and developers of a subdivision.@a-ardo and others, as buyers, signed separate contracts each designated a contract to sell

under which for consideration therein stated, the Farenos bound theselves to sell to @a-ardoet al the of sub-ect thereof, and after the latter shall have paid the purchase price and interest

shall e*ecute in favor of @a-ardo et al the corresponding deeds of sale.

When these contracts to sell are still ongoing the Farenos sold these lots to other buyersand the title was transferred to the second buyer. )o when @a-ardo et al learned about it, they

filed separate coplaints with the TC for annulent of the sale to the other buyers.

ow, according to @a-ardo, the -urisdiction of the case belongs to the TC and not with

the LK( because the title of the lots are transferred to the other buyers. !t is no longerunder the nae of Fareno. )econdly, their action is for the annulent of title to a third

person. Thirdly, these third persons are not the developersJ fourthly, under the FudiciaryLaw, actions involving title to a real property are to be tried by the TC.

EL#+ The TC still has B -urisdiction because the case involved unsound real estate

business practice on the part of the subdivision owners and developers. Knder the law,unsound real estate business practice is under the LK(. The practice in the case is not a

sound real estate business ? ! a a developer, ! enter into a contract with you and then later

on ! sold the contract to a third person, that is unsoundO

8(y virtue of P.#. 4377, the LK( has the e*clusive -urisdiction to hear and decidethe atter. !n addition to involving unsound real estate business practices, the coplaints

also involve specific perforance of the contractual and statutory obligations of the owners

or developers of the subdivision.9 )o it is still with the LK( and not with the regularcourts.

ENGUET CORPORATION vs. LEVISTEG57 )CA ;; R4;;4S

@ACT)+ A ining copany entered into a operations agreeent for anageent with

another ining copany. Then later on, one wants to file a case for rescission of theagreeent for one reason or another. )o it was filed with the TC.

EL#+ The TC has B -urisdiction again because P# 4G


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MACHETE vs. COURT OF APPEALSG65 )CA 4=2 R4;;6S

@ACT)+ This case involves the collection by the landowner of unpaid back rentals frohis leasehold tenants. The landowner filed the oney clais before the TC.

EL#+ The TC has no -urisdiction over cases for collection of back rentals for theleasehold tenants. This is an agrarian dispute which e*clusively cogniable by the #AA(.

8The failure of petitioners to pay back rentals pursuant to the leasehold contract with

landowner is an issue which is clearly beyond the legal copetence of the trial court toresolve. The doctrine of priary -urisdiction does not warrant a court to arrogate unto itself

the authority to resolve a controversy the -urisdiction over which is initially lodged with an

adinistrative body of special copetence.9

Let’s go to Professional egulation Coission "PC%. That is the governent body which

adinisters all governent e*aination for professionals e*cept ebers of the law profession. )aedicine, CPA, engineer, lahat andiyan sa kanila, including pluber and arine officers. (asta lahat

ng erong e*aination sa kanila yan e*cept sa bar which is under the -urisdiction of the )C. ow, this

is what happened in the case of

LUPANGCO ET AL vs. COURT OF APPEALS425 )CA


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ow, under what provision under )ection 4; can we -ustify the -urisdiction of the TC

in the case. The )C said+ !t is under paragraph 4 where the case is incapable of pecuniary

estiation or, it ay fall under paragraph 2 where the case is not within the e*clusive

-urisdiction by any court, tribunal or/ body e*ercising Fudicial or uasi/-udicial functions.

)o, if it is not reviewable by the CA, in what court can you uestion the resolution' #efinitely, not

the CA, definitely not the )C. ! don’t think it’s with the LC. )o it will fall under the -urisdiction ofthe TC. Br, it can also fall under paragraph R4,S where the sub-ect atter of the suit is not capable of

pecuniary estiation because what is the nature of the deands is to declare unconstitutional this

resolution. )o it belongs to the -urisdiction of the TC.

ERNAR!O vs. CALTE( PHIL. INC.G42 )CA 4=5 R4;;GS

@ACT)+ Knder E.B. o. 4=G, when there is a dispute between an operator or dealer and

an Bil copany regarding dealership agreeent, the case shall be under the -urisdiction of

the Energy egulatory (oard "E(%. )o any dispute regarding their relationship agreeente*cept disputes arising out of the relationship as debtor and creditor. )o if the dispute arose

out of the relationship as bebtor and creditor, it should be filed with the TC.

ow what happened here is that on #eceber 6, 4;;5, (ernardo, a dealer of Calte*,ordered gasoline fro Calte*. )o he ordered in the orning. At 2+55 at night on the sae

day, there was a price increase. )o when the gasoline was delivered the following day,

Calte* charged (ernardo for the increased price. (ernardo refused to pay and he he filed acase before the TC. Calte* argued that the case should be filed with the E(.

EL#+ The TC has -urisdiction because 8a contract of sale of petroleu products was

here perfected between Calte* and its operatorXdealer (ernardoJ that in virtue of the payent adittedly ade by (ernardo, Calte* becae a 8debtor9 to hi in the sense that it

was obligated to ake delivery to (ernardo of the petroleu products ordered by hiJ and

that the only issue is the anner by which Calte* shall perfor its coitent in(ernardo’s favor. !t is rather one cogniable by the egional Trial Court, as a dispute indeed

&arising out of their relationship as debtor and creditor.’9

8What the controversy is all about, to repeat, is siply the prices at which the petroleu products shall be deeed to have been purchased fro Calte* by (ernardo in #eceber 6,

4;;5. This is obviously a civil law uestion, one deterinable according to the provisions of

the Civil Code and hence, beyond the cogniance of the Energy egulatory (oard.9

CONCURRENT ORIGINAL "URIS!ICTION OF THE RTC

Sec 1 Original jurisdiction in other cases @ Regional Trial Courtsshall exercise original #urisdiction:

$1% &n the issuance of writs of certiorari, 'rohibition, andaus, Auo warranto, habeas cor'us, and in#unction which ay be enforced in any 'art oftheir res'ecti"e regions.

1+ What is the difference between the original -urisdiction of the TC in )ection G4 and the original

-urisdiction of the TC in )ection 4;'

A+ !n )ection 4;, you have the EHCLK)!:E original -urisdiction, whereas in )ection G4 you have


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the original -urisdiction but CBCKET with other courts.

Thus 8original9 -urisdiction stated in )ection G4 is also shared with the )C and CA. Therefore , the

)C, CA, and TC have original concurrent -urisdiction under )ection G4. Like issuance of writs ofcertiorari, prohibition, andaus, uo warranto, habeas corpus, etc. This is concurrent with the CA and

the )C. )uch writs ay be issued by "a% the TC under )ection 4;J "b% CA under )ection ;J and "c% )C

under Article :!!! )ection 6 of the Constitution. The 3 courts share concurrent -urisdiction over thesecases.

owever the only difference is that writs issued by an TC can only be enforced in the sae regionwhere the TC belongs. Knlike writs issued by the )C and CA, they can be enforced anywhere in the

Philippines.

$% &n actions affecting abassadors and other 'ublic inisters and consuls

The )C and TC have original concurrent -urisdiction in actions affecting abassadors, other

public inisters and consuls. )ection G4 paragraph G states only of the concurrent original -urisdiction

of the )C and TC. )ection 4; on the -urisdiction of CA does not include the action stated in sectionG4 paragraph G as part of its "CA’s% -urisdiction.

APPELLATE "URIS!ICTION OF THE RTC

Sec Appellate jurisdiction @ Regional Trial Courts shall exercisea''ellate #urisdiction o"er all cases decided by etTCs, TCs and CTCs intheir res'ecti"e territorial #urisdictions Such cases shall be decided onthe basis of the entire record of the 'roceedings had in the court of originand such eoranda andBor briefs as ay be subitted by the 'arties orreAuired by the RTCs The decision of the RTCs in such cases shall bea''ealable by 'etition for re"iew to the C2 which ay gi"e it due course only

when the 'etition show 'ria facie that the lower court has coitted an errorof fact or law that will warrant a re"ersal or odification of the decision or#udgent sought to be re"iewed

ow take note that the TC also has appellate -urisdiction under )ection GG. These are casesdecided by the DTC. )o they act as a sort of &court of appeals.’ The TC e*ercises appellate

-urisdiction over all cases decided by the DTC in their respective territorial -urisdiction.

1+ ow will the TC decide on the appeal'

A+ !t shall be decided on the basis of the entire record of the proceedings had in the court of origin

"DTC% such as eoranda andXor briefs as ay be subitted. This eans that witnesses will not be

ade to appear again in the appeal. !t is only a atter of reviewing the testiony, stenographic notes,evidence presented, eoranda and briefs by the TC -udge.

1+ What are eoranda and briefs'A+ !t is where the appealing party will argue that the decision is wrong and try to convince the

-udge that the decision is wrong, and the other party to counter act that the decision is correct.

premid lakas atenista

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