1.6.

APPELLATE PRACTICE AND BRIEF MAKING

Justice Magdangal M. de Leon

2. Concurrent

JURISDICTION

2.1.

Four level court system

2.1.2. Petitions for writs of certiorari,

prohibition,
and
mandamus
against
the National Labor
Relations Commission under the
Labor Code4 (Sec. 9, Batas 129
[1983], as amended by Rep. Act
No. 7902 [1995], St. Martin
Funeral Homes vs. National Labor
Relations Commission, G.R. No.
130866, September 16, 1998, 295
SCRA 494)

OUTLINE OF JURISDICTION
SUPREME COURT
A. Original Jurisdiction
1. Exclusive
Petitions for issuance of writs of certiorari,
prohibition, and mandamus against the
following:
1.1.
1.2.
1.3.
1.4.
1.5.

Court of Appeals (Sec. 17, Rep. Act

No. 296 [1948]1)
Commission on Elections2 En Banc
(Sec. 7, Art. IX-A, 1987 Constitution)
Commission on Audit (Sec. 7, Art. IXA, 1987 Constitution)
Sandiganbayan (Sec. 7, Pres. Decree
No. 1606 [1979], as amended by Sec.
5, Rep. Act No. 8249 [1997])
Court of Tax Appeals En Banc (Sec.
19, Rep. Act No. 1125 [1954], as
amended by Sec. 12, Rep. Act No.
9282 [2004])

Revised Judiciary Act of 1948

Sec. 7, Article IX-A, 1987 Constitution; Aratuc vs. COMELEC, No. L49705-09, February 8, 1979, 88 SCRA 251).

with Court of Appeals

2.1.1. Petitions for writs of certiorari,
prohibition,
and
mandamus
against
the
Civil
Service
Commission (Rep. Act No. 7902
[1995])

Hierarchy of courts
Effect of amendment of Sec. 4, Rule 65 of the 1997 Rules
of Civil Procedure
by virtue of A.M. 07-7-12-SC dated
December 12, 2007, deleting the Supreme Court.

I.

Ombudsman in criminal and nonadministrative disciplinary cases3

2.2.
with Court of Appeals and Regional
Trial Courts

See Fabian vs. Desierto, G.R. No. 129742, September 16, 1998, 295
SCRA 470.
4
However, the petitions should be filed with the Court of Appeals;
otherwise, they shall be dismissed. (A.M. No. 99-2-01-SC) See also
Torres, et. al. vs. Specialized Packaging Development Corporation, et. al.,
G.R. No. 149634, August 6, 2004, 433 SCRA 455.

2.3.

2.2.1 Petitions for habeas corpus5 and

quo warranto6 (Sec. 5 [1], Article VIII,
1987 Constitution)

65, 1997 Rules of Civil Procedure,

as amended by A.M. No. 07-7-12SC)

2.2.2 Actions brought to prevent and

restrain
violations
of
laws
concerning
monopolies
and
combinations in restraint of
trade (Sec. 17, Rep. Act No. 296
[1948], as amended by Rep. Act
No. 5440 [1968])

2.3.2. Petitions for issuance of writ of

amparo8 (Sec. 3, A.M. No. 07-912-SC or The Rule on the Writ of
Amparo, effective October 24,
2007)

with Court of Appeals, Sandiganbayan

and Regional Trial Courts
2.3.1. Petitions for certiorari, prohibition,
and mandamus relating to an act
or omission of a municipal trial
court, or of a corporation, a board,
an officer, or person7 (Sec. 4, Rule

2.3.3. Petitions for issuance of writ of

habeas data9 (Sec. 3, A. M. No.
08-1-16-SC or The Rule on the
Writ of Habeas Data, effective
February 2, 2008)

However, a petition for writ of habeas corpus involving custody of minors

shall be filed with a Family Court, or in the absence of its judge and in
places where there is no Family Court, the petition may be filed with the
Supreme Court, Court of Appeals, or any of its members. (Sec. 20, A.M.
No. 03-04-04-SC, effective May 15, 2003.)
6
However, jurisdiction for petitions for quo warranto are concurrent with
the municipal courts insofar as barangay officials are concerned.
As
such, any voter contesting the election of any municipal or barangay
officer on the ground of ineligibility or disloyalty to the Republic of the
Philippines shall file a sworn petition for quo warranto with the Regional
Trial Court or Metropolitan, or Municipal Trial Court, respectively, within
ten days after the proclamation of the results of the election. (See
Regalado, Remedial Law Vol. III [2006], citing Art. XVIII, Sec. 189, par. 2,
1978 Election Code)
7
Although reference to the Supreme Court has been removed in
the amendment to Sec. 4, Rule 65 of the 1997 Rules of Civil
Procedure by virtue of A.M. No. 07-7-12-SC dated December 12,
2007, the Supreme Court still retains its jurisdiction over petitions
for certiorari, mandamus, and prohibition, as per Sec. 5 (1) and
(2), Article VIII of the 1987 Constitution. It is believed that this
amendment, which underscores respect for the hierarchy of courts, will
help prevent the clogging of the Supreme Courts dockets as litigants will

2.4.

with Regional Trial Courts

Actions affecting ambassadors and
other public ministers and consuls
(Sec.
5[1],
Article
VIII,
1987
Constitution;
Sec.
21[2],
Batas
Pambansa Blg. 129 [1983])

B. Appellate Jurisdiction
1. Ordinary Appeal by Notice of Appeal
From the Court of Appeals, in all criminal cases
involving offenses for which the penalty imposed
is reclusion perpetua or life imprisonment; or a

be discouraged from filing petitions directly with the Supreme Court.

(See Rationale for the Amendment of Rules 41, 45, 58 and 65)
8
The petition for issuance of writ of amparo may be filed with the
Supreme Court or any of its justices, the Court of Appeals, or the
Sandiganbayan.
9
The petition for issuance of writ of habeas data may be filed with the
Supreme Court or the Court of Appeals or the Sandiganbayan when the
action concerns public data files of government offices.

3
lesser penalty is imposed10 for offenses
committed on the same occasion or which arose
out of the same occurrence that gave rise to the
more severe offense for which the penalty of
death is imposed (Sec. 13[c], Rule 124, Sec.
13[b], Rule 124), as amended by A.M. No. 00-503-SC, effective October 15, 2004)

exercising original jurisdiction in the

following:
a) All cases in which the constitutionality
or validity of any treaty, international
or
executive
agreement,
law,
presidential
decree, proclamation,
order, instruction,
ordinance,
or
regulation is in question;
b) All cases involving the legality of any
tax, impost, assessment, or toll, or
any penalty imposed in relation
thereto;
c) All cases in which the jurisdiction of
any lower court is in issue;
d) All cases in which only an error or
question of law is involved. (Sec. 5[2a, b, c, and e], Article VIII, 1987
Constitution; Sec. 17, Rep. Act No.
296 [1948], as amended; Sec. 9[3],
Batas Pambansa Blg. 129 [1983];
Rule 45, ibid.; Sec. 2[c], Rule 41;
Sec. 3[e], Rule 122)

2. By Petition for Review on Certiorari

2.1.

Appeals from Court of Appeals (Sec.

17, Rep. Act No. 296 [1948], as
amended by Rep. Act No. 5440
[1969]; Sec. 5[2], Article VIII, 1987
Constitution; Rule 45, 1997 Rules of
Civil Procedure)

2.2.

Appeals from the Sandiganbayan on

pure questions of law, except cases
where
the
penalty
imposed
is
reclusion perpetua, life imprisonment,
or death (Sec. 7, Pres. Decree No.
1606 [1979], as amended by Rep. Act
No.
8249
[1997];
Nunez
vs.
Sandiganbayan, Nos. L-50581-50617,
January 20, 1982, 111 SCRA 433;
Rule 45, ibid.)

2.3.

2.4.

Appeals from judgments or final

orders of Regional Trial Courts

10

The word imposed contemplates both situations where the Court of

Appeals itself metes out reclusion perpetua, life imprisonment, or a lesser
penalty but for offenses committed on the same occasion or which arose
out of the same occurrence that gave rise to the more serious offense for
which the penalty of reclusion perpetua or life imprisonment is imposed,
or where it merely affirms the imposition of said penalties by the lower
courts (Sec. 3[c], Rule 122, as amended by A.M. No. 00-5-03-SC,
effective October 15, 2004; People vs. Mateo, G.R. Nos. 147678-87, July
7, 2004, 433 SCRA 640).

11

Appeals from decisions or final

resolutions of the Court of Tax
Appeals 11 (Rule 16, Sec. 1, A.M. No.
05-11-07-CTA or The Revised Rules
of the Court of Tax Appeals; Sec. 1,
Rule 45, as amended by A.M. No. 077-12-SC dated December 12, 2007;
See also Rep. Act No. 9282 [2004])

The procedure in the Court of Tax Appeals reveals that only decisions of
said Court en banc shall be appealable to the Supreme Court via a
petition for review on certiorari. (See Sec. 16, A.M. No. 05-11-07-CTA).
This is because appeals from decisions and resolutions of the Court of Tax
Appeals Divisions fall under the exclusive appellate jurisdiction of the
Court of Tax Appeals en banc.

4
3. By Special Civil Action
thirty (30) days from
final order/ resolution
against the following:
Civil Procedure)
3.1.

of Certiorari filed within

notice of the judgment/
sought to be reviewed
(Rule 64, 1997 Rules of

Commission on Elections (Sec. 7,

Article
IX-A,
1987
Constitution;
Aratuc vs. COMELEC, No. L-49705-09,
February 8, 1979, 88 SCRA 251)

3.2.
Commission on Audit
Constitution)
II.

(Ibid., 1987

COURT OF APPEALS
Original Jurisdiction
1. Exclusive
1.1.

Actions for annulment of judgments of

Regional Trial Courts (Sec. 9[2], Batas
Pambansa Blg. 129 [1983]; Rule 47,
1997 Rules of Civil Procedure)

1.2.

Petitions for certiorari, prohibition,

and mandamus involving an act or
omission of a quasi-judicial agency,
unless otherwise provided by law
(Sec. 4, Rule 65, as amended by A.M.
No. 07-7-12-SC dated December 12,
2007)

2. Concurrent
2.1.

with Supreme Court

Refer to 2.1. above under I.A. supra

2.2.
Courts

with Supreme Court and Regional Trial

Refer to Sec. 2.2. above under I.A.

supra
2.3.

with Supreme Court, Sandiganbayan,

and Regional Trial Courts
Refer to 2.3. above under I.A. supra
A. Appellate Jurisdiction
1. Ordinary Appeal by Notice of Appeal or with
Record on Appeal
1.1. Appeals from Regional Trial Courts, except
those appealable to the Supreme Court
under Sec. 2(3) of I.B. above (Sec. 9 [3],
Batas Pambansa Blg. 129 [1983])
1.2. Appeals from Regional Trial Courts on
constitutional, tax, jurisdictional questions
involving questions of fact which should be
appealed first to the Court of Appeals
(Sec. 17, subparagraph 4 of the fourth
paragraph of Rep. Act No. 296 [1948] as
amended, which was not intended to be
excluded by Sec. 9[3], Batas Pambansa
Blg. 129 [1983])
1.3. Appeals from decisions and final orders of
the Family Courts (Sec. 14, Rep. Act No.
8369 [1997])
1.4. Appeals from Regional Trial Courts, where
the penalty imposed is reclusion perpetua,
or life imprisonment, or where a lesser
penalty is imposed but for offenses
committed on the same occasion or which
arose out of the same occurrence that gave
rise to the more serious offense for which
the penalty of reclusion perpetua or life
imprisonment is imposed (Sec. 3[c], Rule
122, as amended by A.M. No. 00-5-03-SC,

5
effective October 15, 2004; People vs.
Mateo, G.R. Nos. 147678-87, July 7, 2004,
433 SCRA 640)

3. Automatic review13 in cases where the Regional

Trial Courts impose the death penalty 14 (Secs.
3[d] and 10, Rule 122, as amended by A.M. No.
00-5-03-SC, effective October 15, 2004; People
vs. Mateo, supra)

1.5. Direct appeal from land registration and

cadastral cases decided by metropolitan
trial courts, municipal trial courts and
municipal circuit trial courts based on their
delegated jurisdiction12
2. Special civil action of certiorari (Rule 65) against
decisions and final resolutions of the National
Labor Relations Commission (A. M. No. 99-2-01SC; St. Martin Funeral Home vs. National Labor
Relations
Commission,
G.R.
No.
13086,
September 16, 1998, 295 SCRA 494; Torres, et.
al. vs. Specialized Packaging Development
Corp., et. al., G.R. No.149634, July 6, 2004, 433
SCRA 455)

12

Sec. 34 of Batas Blg. 129, as amended by Rep. Act No. 7691 states:
Delegated Jurisdiction in Cadastral and Land
Registration Cases. Metropolitan Trial Courts, Municipal
Circuit Trial Courts may be assigned by the Supreme
Court to hear and determine cadastral or land registration
cases covering lots where there is no controversy or
opposition, or contested lots where the value of which
does note exceed One Hundred Thousand pesos (PhP
100,000.00), such value to be ascertained by the affidavit
of the claimant or by agreement of the respective
claimants if there are more than on, or from the
corresponding tax declaration of the real property. Their
decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts.

4. Petition for review

4.1.

Appeals in cases decided by the Regional

Trial Courts in the exercise of their
appellate jurisdiction (Sec. 22, Batas Blg.
129 [1983]; Sec. 2 [b], Rule 41, Rule 42,

13

Notice that while Secs. 3[d] and 10 of Rule 122, as amended by A.M.
No. 00-5-03-SC, use the words automatic review, in People vs. Mateo,
G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 340, the Supreme Court
used the words intermediate review and explained the rationale for such
amendment:
While the Fundamental Law requires mandatory
review by the Supreme Court of cases where the penalty
imposed is reclusion perpetua, life imprisonment, or
death, nowhere, however, has it proscribed an
intermediate review.
If only to ensure utmost
circumspection before the penalty of death, reclusion
perpetua or life imprisonment is imposed, the Court now
deems it wise and compelling to provide in these cases a
review by the Court of Appeals before the case is elevated
to the Supreme Court. x x x If the Court of Appeals
should affirm the penalty of death, reclusion perpetua, or
life imprisonment, it could then render judgment imposing
the corresponding penalty as the circumstances so
warrant, refrain from entering judgment and elevate the
entire records of the case to the Supreme Court for its
final disposition.
14
In People vs. Bunaladi, G.R. No. UDK-13384, October 18, 2004, the
Supreme Court stated that no notice of appeal is necessary in cases
where the death penalty is imposed by the Regional Trial Court. In
People vs. Rocha and Ramos, G.R. No. 173797, August 8, 2007, the
Supreme Court clarified that there is no mandatory review in cases where
the penalty imposed is reclusion perpetua or life imprisonment.
Note, however, that the imposition of the death penalty has been
prohibited by Rep. Act No. 9346 or An Act Prohibiting the Imposition of
Death Penalty in the Philippines, approved on June 24, 2006. 2006.

6
1997 Rules of Civil Procedure; Sec. 3[b],
Rule 122)
4.2. Appeals from decisions of the Regional Trial
Courts acting as Special Agrarian Courts in
cases involving just compensation to the
landowners concerned (Land Bank of the
Philippines vs. De Leon, G. R. No. 143275,
September 10, 2002, 388 SCRA 537)
4.3. Appeals from the Civil Service Commission
(Rep. Act No. 7902 [1995]; Rule 43, 1997
Rules of Civil Procedure)
4.4. Appeals from awards, judgments, final
orders, or resolutions of, or authorized by,
quasi-judicial agencies in the exercise of
their quasi-judicial functions. Among these
are:
1.
Securities and Exchange
Commission
2.
Office of the President
3.
Land Registration Authority
4.
Social Security Commission
5.
Civil Aeronautics Board
6.
Intellectual Property Office
(formerly the Bureau of
Patents, Trademarks, and
Technology Transfer)
7.
National Electrification
Administration
8.
Energy Regulatory Board
9.
National Telecommunications
Commission
10.
Department of Agrarian Reform
under Rep. Act No. 6657
11.
Government Service Insurance
System
12.
Employees Compensation
Commission
13.
Agricultural Inventions Board
14.
Insurance Commission

15.
Philippine Atomic Energy
Commission
16.
Board of Investments
17.
Construction Industry
Arbitration Commission
18.
Voluntary arbitrators authorized
by law.
4.5. Appeals from the Office of the Ombudsman in
administrative disciplinary cases
(A.M.
No. 99-2-02-SC; Fabian vs. Desierto, G.R.
No. 129742, September 16, 1998, 295
SCRA 470)
4.6.

Appeals from the National Commission on

Indigenous Peoples (NCIP) (Sec. 67,
Rep. Act No. 8371 [1997])

III. SANDIGANBAYAN

A. Original Jurisdiction
1. Exclusive
1.1.

Violation of Rep. Act No. 3019 [1960]

(Anti-Graft), Rep. Act No. 1379
[1955] and Chapter II, Sec. 2, Title
VII of Revised Penal Code; and other
offenses committed by public officials
and employees in relation to their
office, and private individuals charged
as co-principals, accomplices, and
accessories including those employed
in government-owned or controlled
corporations, where one or more of
the accused are officials occupying the
following positions in government,
whether in a permanent, acting, or
interim capacity, at the time of the
commission of the offense:

1.

2.
3.
4.
5.

amended
[1997]).

Officials of the Executive

Branch xxx classified as salary
grade 27 or higher xxx
specifically including xxx
Members of Congress xxx
Members of the Judiciary xxx
Members
of
Constitutional
Commissions xxx
All other national and local
officials classified as salary
grade 27 and higher

1.3.

Act

No.

8249

Violations of Rep. Act No. 9160, or

Anti-Money Laundering Act of 2001,
as amended by Rep. Act No. 9194,
when committed by public officers
and private persons who are in
conspiracy with such public officers.

Petitions for issuance of writs of certiorari,

prohibition, mandamus, habeas corpus, and
injunction15 and other ancillary writs in aid of its
appellate jurisdiction, including quo warranto
arising in cases falling under said Executive
Order Nos. 1, 2, 14, and 14-A.
(Ibid., as
amended by Rep. Act No. 8249 [1997])
3. Concurrent with Supreme Court,
Appeals and Regional Trial Courts

In cases where there is no specific

allegation of facts showing that the
offense was committed in relation to
the public office of the accused, the
original jurisdiction shall also be
vested in the proper Regional Trial
Court or Metropolitan Trial Court, etc.,
as the case may be. (Lacson vs.
Executive
Secretary,
G.R.
No.
128096, January 20, 1999, 310 SCRA
298)
Civil and criminal cases filed pursuant
to and in connection with Executive
Order Nos. 1, 2, 14, and 14-A. (Sec.
2, Rep. Act No. 7975 [1995] as

Rep.

2. Concurrent with Supreme Court

In cases where none of the accused is

occupying the above positions, the
original jurisdiction shall be vested in
the proper Regional Trial Court or
Metropolitan Trial Court, etc., as the
case may be, pursuant to their
respective jurisdictions. (Sec. 2, Rep.
Act No. 7975 [1995], as amended by
Rep. Act No. 8249 [1997]

1.2.

by

15

Court

of

3.1.

Petitions for writ of amparo and writ

of habeas data when action concerns
public data files of government offices
(Sec. 3, A.M. No. 07-9-12-SC or The
Rule on the Writ of Amparo, effective
October 24, 2007; Sec. 3, A.M. No.
08-1-16-SC or The Rule on Habeas
Data effective February 2, 2008)

3.2.

Petitions for certiorari, prohibition,

and mandamus, relating to an act or
omission of a municipal trial court,
corporation, board, officer, or person,

The petitions for issuance of writs of certiorari, prohibition, mandamus,

and habeas corpus referred to in this section are all main actions. Neither
the Supreme Court, the Court of Appeals nor the Sandiganbayan has
original jurisdiction over a main action for injunction.

8
if it is in aid of its appellate
jurisdiction (Sec. 4, Rule 65, as
amended by A.M. No. 07-7-12-SC
dated December 12, 2007)

1.1.3. Actions in admiralty and maritime

jurisdiction where demand or
claim exceeds PhP 300,000.00 or
in Metro Manila PhP 400,000.00;
1.1.4. Matters of probate, testate or
intestate, where gross value of
estate exceeds PhP 300,000.00 or
in Metro Manila PhP 400,000.00;

B. Appellate Jurisdiction
Decisions and final orders of Regional Trial Courts in
the exercise of their original or appellate jurisdiction
under Pres. Decree No. 1606 [1979], as amended,
shall be appealable to the Sandiganbayan in the
manner provided by Rule 122 of the Rules of Court.
(Sec. 5, Rep. Act No. 8249 [1997])
III.

1.1.5. Cases not within the exclusive

jurisdiction of any court, tribunal,
person, or body exercising judicial
or quasi-judicial function;

REGIONAL TRIAL COURTS

1.1.6. Other
cases
where
demand,
exclusive of interest, damages,18
attorneys fees, litigation expenses
and costs, or value of property in
controversy
exceeds
PhP
300,000.00 or in Metro Manila PhP
400,000.00
(Sec.
19,
Batas
Pambansa Blg. 129[1983] as
amended by Rep. Act No. 7691
[1994]). However, if the claim for
damages is the main cause of the
action, the amount thereof shall
be considered in determining the
jurisdiction
of
the
court.
(Administrative Circular No. 0994, dated June 14, 1994)

A. Original16 Jurisdiction
1. Civil

1.1.

Exclusive17
1.1.1. Where subject of the action is
incapable of pecuniary estimation;
1.1.2. Actions
involving
title
or
possession of real property or
interest
therein
where
the
assessed
value
exceeds
PhP
20,000.00 or in Metro Manila PhP
50,000.00 except for forcible entry
and unlawful detainer;

1.1.7. Additional
original
jurisdiction
transferred under Sec. 5.2. of the
Securities Regulation Code.

16

The old rates in 1.1.3, 1.1.4 and 1.1.6 were PhP 100,000.00 outside
of Metro Manila, and PhP 200,000.00 in Metro Manila. These rates have
now been increased to PhP 300,000.00 and PhP 400,000.00 respectively,
based on the principle of automatic expansion under Rep. Act No. 7691,
amending Batas Pambansa Blg. 129.
17
Actions involving marriage and marital relations now fall within the
exclusive original jurisdiction of Family Courts.

a) Devices
or
schemes
employed by, or any acts of,
the
board
of
directors,
18

Damages of whatever kind.

9
business
associates,
its
officers
or
partnership,
amounting to fraud and
misrepresentation xxx
b) Controversies arising out of
intra-corporate
partnership
relations xxx
c) Controversies in the election
or appointment of directors,
trustees,
officers,
or
managers
of
such
corporation, partnership, or
association
d) Petitions
of
corporations,
partnerships or associations
to be declared in a state of
suspension of payments xxx
(Rep.
Act
No.
8799,
approved July 19, 2000)

1.2.
19

1.1.8.

Application for issuance of writ

of search and seizure in civil
actions for infringement of
intellectual property rights (Sec.
3,
A.M.
No.
02-1-06-SC,
effective February 15, 2002)

1.1.9.

Violations of Rep. Act No. 9160

or Anti-Money Laundering Act of
2001, as amended by Rep. Act
No. 9194.19

Concurrent

When private persons commit crimes in conspiracy with public officers,

the jurisdiction belongs to the Sandiganbayan.

1.2.1. with Supreme Court

Actions affecting ambassadors and
other public ministers and consuls
(Sec. 21[1], Batas Blg. 129
[1983])
1.2.2. with Supreme Court and Court of
Appeals
Petitions for habeas corpus and
quo warranto
1.2.3.

with Supreme Court, Court of

Appeals, and Sandiganbayan
1.2.3.1.

Petitions for writ

of amparo and
writ of habeas
data (Sec. 3,
A.M. No. 07-912-SC or The
Rule on the Writ
of
Amparo,
effective October
24, 2007; Sec.
3, A.M. No. 081-16-SC,
effective
February
2,
2008)

1.2.3.2.

Petitions
for
certiorari,
prohibition, and
mandamus,
if
they relate to an
act or omission
of a municipal
trial
court,

10
corporation,
board, officer, or
person (Sec. 4,
Rule
65,
as
amended
by
A.M. No. 07-712-SC,
dated
December
12,
2007)

include criminal cases where the

penalty provided by law exceeds six
(6) years imprisonment irrespective of
the fine.
(Rep. Act No. 7691
[1994]).20 These also include criminal
cases not falling within the exclusive
original
jurisdiction
of
the
Sandiganbayan, where none of the
accused are occupying positions
corresponding to salary grade 27
and higher.
(Rep. Act No. 7975
[1995] and Rep. Act No. 8249
[1997]).

1.2.4. with Metropolitan Trial Courts,

Municipal
Trial
Courts,
and
Municipal Circuit Trial Courts
Application for Protection Order
under Sec. 10, Rep. Act No.
9262, unless there is a Family
Court in the residence of
petitioner.

But in cases where the only penalty

provided by law is a fine, the Regional
Trial Courts have jurisdiction if the
amount of the fine exceeds PhP
4,000. (Rep. Act No. 7691 [1994] as
clarified by Administrative Circular No.
09-94 dated June 14, 1994).

1.2.5. with Insurance Commission

Claims
not
exceeding
PhP
100,000.00 (Sec. 416, Insurance
Code [1974], Pres. Decree No.
612 [1975].
Applicable if
subject of the action is not
capable of pecuniary estimation;
otherwise,
jurisdiction
is
concurrent with Metropolitan
Trial Court, etc.

Jurisdiction over the whole complex

crime is lodged with the trial court
having jurisdiction to impose the
maximum and most serious penalty
imposable for an offense forming part
of the complex crime.21
B. Appellate Jurisdiction
All cases decided by lower courts (metropolitan trial
courts,
etc.)
in
their
respective
territorial

2. Criminal
2.1.

Exclusive
20

Criminal
cases
not
within
the
exclusive jurisdiction of any court,
tribunal, or body. (Sec. 20, Batas
Pambansa Blg. 129 [1983]). These

However, Family Courts have exclusive original jurisdiction over criminal

cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age, or where one or more of the
victims is a minor at the time of the commission of the offense. (Sec.
5(a), Rep. Act No. 8369 [1997]).
21
Cuyos vs. Garcia, G.R. No. L-46934, April 15, 1998, 160 SCRA 302.

11
jurisdictions.
[1983])

(Sec. 22, Batas Pambansa Blg. 129

3.

Petitions for adoption of children and the

revocation thereof; (Secs. A.20 and B.28,
A.M. No. 02-6-02-SC, effective August 22,
2002; See also Rep. Act No. 9523 or An Act
Requiring Certification of the Department of
Social Welfare and Development to Declare A
Child Legally Available for Adoption as a
Prerequisite
for
Adoption
Proceedings,
Amending for this Purpose Certain Provisions
of Republic Act No. 8552, otherwise known
as The Domestic Adoption Act of 1998,
Republic Act No. 8043, otherwise known as
The Inter-Country Adoption Act of 1995,
Presidential Decree No. 603, otherwise
known as The Child and Youth Welfare Code,
and for Other Purposes, approved on March
12, 2009)

4.

Complaints for annulment of marriage,

declaration of nullity of marriage, and those
relating to marital status and property
relations of husband and wife or those living
together
under
different
status
and
agreements, and petitions for dissolution of
conjugal partnership of gains; (Sec. 2, A.M.
No. 02-11-10-SC, effective March 15, 2003)

5.

Petitions for involuntary commitment of a

child, for removal of custody against childplacement
or
child-caring
agency
or
individual, and for commitment of disabled
child; (Secs. 4[b], 5[a][ii], 6[b], A.M. No.
02-1-19-SC, effective April 15, 2002)

6.

Petitions
for
support
and/
or
acknowledgment;
Summary judicial proceedings brought under
the provisions of Executive Order No. 209,
otherwise known as The Family Code of the
Philippines;

V. FAMILY COURTS

A. Exclusive and Original Jurisdiction

1.

2.

Criminal cases22 where one or more of the

accused is below eighteen (18) years of age
but not less than nine (9) years of age, 23
when one or more of the victims is a minor
at the time of the commission of the offense:
Provided, That if the minor is found guilty,
the court shall promulgate sentence and
ascertain any civil liability which the accused
may have incurred. The sentence, however,
shall be suspended without need of
application pursuant to Presidential Decree
No. 1903, otherwise known as The Child and
Youth Welfare Code; (RA 8369 [Family
Courts Act of 1997])
Petitions for guardianship, custody of
children, habeas corpus in relation to the
latter;
(Sec. 3, A.M. No. 03-04-04-SC,
effective May 15, 2003; Sec. 3, A.M. No. 0302-05-SC, effective April 15, 2003)

22

These include acts of trafficking, where one of the trafficked persons is

a child, as defined by Rep. Act No. 9208 (Anti-Trafficking in Persons Act
of 2003), approved on May 26, 2003.
23
However, note that Sec. 6 of Rep. Act No. 9344, or The Juvenile
Justice and Welfare Act of 2006, approved on April 28, 2006, has set the
minimum age of criminal responsibility. Thus, a child fifteen (15) years of
age or under at the time of the commission of the offense shall be exempt
from criminal liability but shall be subjected to an intervention program.
A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and shall be subjected to an
intervention program, unless he/ she has acted with discernment, in
which case he/ she shall be subjected to the appropriate proceedings in
accordance with Rep. Act No. 9344.

7.

12

8.

9.

Petitions for constitution of family home;24

10.

Cases against minors cognizable under Rep.

Act No. 9165, or The Comprehensive
Dangerous Drugs Act of 2002; (See also
A.M. No. 07-8-2-SC, effective November 5,
2007)

11.

Violation of Rep. Act No. 7610 [1991],

otherwise known as the Special Protection
of Children Against Child Abuse, Exploration
and Discrimination Act, as amended by Rep.
Act No. 7658 [1993] and as further amended
by Rep. Act No. 9231 [2003];

12.

Violation of Rep. Act

No. 9775,
otherwise known as the Anti-Child
Pornography Act of 2009.

13.

24

personhood, integrity and freedom

movement; and

Petitions for declaration of status of children

as abandoned, dependent, or neglected
children,
petitions
for
voluntary
or
involuntary commitment of children, the
suspension, termination, or restoration of
parental authority and other cases cognizable
under Presidential Decree No. 603, Executive
Order No. 56 (series of 1986) and other
related laws;

Cases of domestic violence against:

13.1. Women - which are acts of gender based
violence that results, or are likely to
result
in
physical,
sexual
or
psychological harm or suffering to
women; and other forms of physical
abuse such as battering or threats
and coercion which violate a woman's

Repealed by Executive Order No. 209 or The Family Code of the

Philippines.

13.2. Children which include the commission

of all forms of abuse, neglect, cruelty,
exploitation,
violence,
and
discrimination and all other conditions
prejudicial to their development.25
14.

15.

25

Cases of violence against women and their

children under Rep. Act No. 9262, otherwise
known as Anti-Violence Against Women and
their Children Act of 2004,26 including
applications for Protection Order under the
same Act;27
Criminal cases involving juveniles if no
preliminary investigation is required under
Sec. 1, Rule 112 of the Revised Rules on

If an act constitutes a criminal offense, the accused or batterer shall be

subject to criminal proceedings and the corresponding penalties. If any
question involving any of the above matters should arise as an incident in
any case pending in the regular courts, said incident shall be determined
in that court.
26
In the absence of a Family Court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where the
crime or any of its elements was committed at the option of the
complainant. (Sec. 7, RA 9262)
27
Where no Family Court exists in the place of residence of petitioner,
applications for Temporary Protection Order and Permanent Protection
Order are filed in the Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, or Municipal Circuit Trial Court with territorial
jurisdiction over the place of residence of petitioner. (Sec, 10, RA 9262)

13
Criminal Procedure28 (Sec. 1, A.M. No. 02-118-SC, effective April 15, 2002)
VI. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS,
MUNICIPAL CIRCUIT TRIAL
COURTS AND MUNICIPAL TRIAL COURTS IN
CITIES

A. Original29 Jurisdiction
1. Civil
1.1.

Exclusive
1.1.1. Actions
involving
personal
property valued at not more than
PhP 300,000.00 or in Metro Manila
PhP 400,000.00;
1.1.2. Actions demanding sums of money
not exceeding PhP 300,000.00 or
in Metro Manila PhP 400,000.00;
in both cases, exclusive of
interest, damages, attorneys fees,
litigation expenses and costs, the
amount
of
which
must
be

28

SECTION 1. Preliminary investigation defined; when required.

xxx xxx xxx

Except as provided in Section 7 of this Rule, a preliminary

investigation is required to be conducted before the filing of a complaint
or information for an offense where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day without regard to
the fine.
29

The old rates in 1.1.1, 1.1.2 and 1.1.6 were PhP 100,000.00 or less,
outside of Metro Manila, and PhP 200,000.00 or less, in Metro Manila.
These rates have now been increased to PhP 300,000.00 and PhP
400,000.00 respectively, based on the principle of automatic expansion
under Rep. Act No. 7691, amending Batas Pambansa Blg. 129.

specifically alleged, but the filing

fees thereon shall be paid. These
include admiralty and maritime
cases;
1.1.3. Actions
involving
title
or
possession of real property where
the assessed value does not
exceed PhP 20,000.00 or in Metro
Manila PhP 50,000.00;
1.1.4. Provisional remedies in principal
actions within their jurisdiction,
and in proper cases, such as
preliminary
attachment,
preliminary
injunction,
appointment or receiver and
delivery of personal property;
(Rule 57, 58, 59, and 60)
1.1.5. Forcible
entry
and
unlawful
detainer, with
jurisdiction
to
resolve issue of ownership to
determine issue of possession;
1.1.6. Probate proceedings, testate or
intestate, where gross value of
estate does not exceed PhP
300,000.00 or in Metro Manila PhP
400,000.00;
(Sec. 33, Batas
Pambansa Blg. 129 [1983] as
amended by Rep. Act No. 7691
[1994])
1.1.7. Inclusion and exclusion of voters.
(Sec. 38, Batas Pambansa Blg.
881, Omnibus Election Code of the
Philippines [1985]).

14
1.2

Delegated30

amended by Rep. Act No. 7691

[1994])31

Cadastral and land registration cases

assigned by the Supreme Court where
there is no controversy or opposition and
in contested lots valued at more than PhP
100,000 (Sec. 34, Batas Blg. 129 [1983]
as amended by Rep. Act No. 7691
[1994])
1.3.

2.1.3. All offenses committed not falling

within
the
exclusive
original
jurisdiction of the Sandiganbayan
where none of the accused is
occupying
a
position
corresponding to salary grade 27
and higher.
(P.D. 1606, as
amended by Rep. Act No. 7975
[1995] and Rep. Act No. 8249
[1997])
2.1.4. In cases where the only penalty
provided by law is a fine not
exceeding
PhP
4,000,
the
Metropolitan Trial Courts, etc.
have jurisdiction. (Administrative
Circular No. 09-94, dated June 14,
1994)

Special
Petition for habeas corpus in the absence
of all Regional Trial Court judges. (Sec.
35, Batas Blg. 129 [1983])

2. Criminal
2.1.

Exclusive
2.1.1. All violations of city or municipal
ordinances committed within their
respective territorial jurisdictions;
2.1.2. All
offenses
punishable
with
imprisonment of not more than six
(6) years irrespective of the
amount of fine and regardless of
other imposable accessory or
other penalties and the civil
liability
arising
therefrom;
provided,
however,
that
in
offenses involving damage to
property
through
criminal
negligence,
they
shall
have
exclusive
original
jurisdiction.
(Sec. 32, Batas Blg. 129 [1983] as

30

See 1.5 of B.1. under II. Court of Appeals, supra.

2.2.

Special
Applications for bail in the absence of all
Regional Trial Court judges. (Sec. 35,
Batas Blg. 129 [1983])

Court of Tax Appeals

A. Exclusive appellate jurisdiction
31

Jurisdiction over the whole complex crime lies with the trial court
having jurisdiction to impose the maximum and most serious penalty
imposable for an offense forming part of the complex crime. (See Cuyos
vs. Garcia, G.R. No. L-46934, April 15, 1988, 160 SCRA 302). Thus,
where the imposable penalty for the physical injuries charged would come
within the jurisdiction of the Municipal Trial Court, while the fine for the
damage to the property would fall on the Regional Trial Court, the court
that would take cognizance of the case must be determined not by the
corresponding penalty for the physical injuries charged but by the fine
imposable for the damage to the property resulting from the reckless
imprudence.

15
1. Decisions of the Commissioner of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties in relation thereto, or other matters arising under the
National Internal Revenue or other laws administered by the Bureau of
Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other
charges, penalties in relations thereto, or other matters arising under the
National Internal Revenue Code or other laws administered by the
Bureau of Internal Revenue, where the National Internal Revenue Code
provides a specific period of action, in which case the inaction shall be
deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local
tax cases originally decided or resolved by them in the exercise of their
original or appellate jurisdiction;
4. Decisions of the Commissioner of Customs in cases involving liability
for customs duties, fees or other money charges, seizure, detention or
release of property affected, fines, forfeitures or other penalties in
relation thereto, or other matters arising under the Customs Law or
other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals 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;
6. Decisions of the Secretary of Finance 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
Tariff and Customs Code;
7. Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary of
Agriculture in the case of agricultural product, commodity or article,
involving dumping and countervailing duties under Sec. 301 and 302,
respectively, of the Tariff and Customs Code, and safeguard measures
under Republic Act No. 8800, where either party may appeal the
decision to impose or not to impose said duties.
B. Jurisdiction over cases involving criminal offenses:
1. Exclusive original jurisdiction over all criminal offenses arising from
violations of the National Internal Revenue Code or Tariff and Customs
Code and other laws administered by the Bureau of Internal Revenue or
the Bureau of Customs: Provided, however, That offenses or felonies
mentioned in this paragraph where the principal amount of taxes and
fees, exclusive of charges and penalties, claimed is less than One
million pesos (P1,000,000.00) or where there is no specified amount

claimed shall be tried by the regular courts and the jurisdiction of the
CTA shall be appellate. Any provision of law or the Rules of Court to the
contrary notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability for taxes and penalties shall at all
times be simultaneously instituted with, and jointly determined in the
same proceeding by the CTA, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no
right to reserve the filling of such civil action separately from the criminal
action will be recognized.
2. Exclusive appellate jurisdiction in criminal offenses
a. Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax cases originally decided by them, in
their respected territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the exercise of their appellate jurisdiction over
tax cases originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in their
respective jurisdiction.
C. Jurisdiction over tax collection cases
1. Exclusive original jurisdiction in tax collection cases involving final and
executory assessments for taxes, fees, charges and penalties: Provided,
however, That collection cases where the principal amount of taxes and
fees, exclusive of charges and penalties, claimed is less than One million
pesos (P1,000,000.00) shall be tried by the proper Municipal Trial Court,
Metropolitan Trial Court and Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection cases:
a. Over appeals from the judgments, resolutions or orders of the
Regional Trial Courts in tax collection cases originally decided by them,
in their respective territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the Exercise of their appellate jurisdiction over
tax collection cases originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts, in their
respective jurisdiction. (Sec. 7, RA 1125, amended by RA 9282)