278971298729817498271njdnsjdjasndasdsa010revisedtrial Diagrams-monroe Tabingan

HIERARCHY OF COURTS SUPREME COURT SANDIGANBAYAN

COURT OF APPEALS

Regional Trial Courts

Municipal Trial Courts

Family Courts

Provincial/City Prosecutor [Preliminary Investigation]

OMBUDSMAN [Preliminary Investigation]

Luzon

Visayas

Court of Tax Appeals

SHARI’A APPELLATE COURT

Shari’a District Courts

BIR / CUSTOMS Commissioners

Shari’a Circuit Courts

Regional Directors

Mindanao

Lupon Tagapayapa Pangkat Tagapagkasundo

Designated Provincial. City Public Prosecutor

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Page 1

JURISDICTIONS REQUISITES FOR EXERCISE OF JURISDICTION HOW IT IS ACQUIRED BY THE COURT

Plaintiff / Petitioner / Complainant 1. Files complaint, petition, initiatory pleading; 2. pays proper docket fees;

Subject matter Conferred by the Constitution and statutory laws conferring such jurisdiction, thus cannot be conferred by the voluntary act or agreement of the parties.

Defendant / Respondent 1. properly served with summons or other coercive processes; 2. voluntarily submits himself or appears in said court; 3. pays docket fees, when required, on counter/cross/ 3rd party claim; 4. there is attachment over property of defendant in the Philippines

COURT Of Proper Jurisdiction

Accused 1. 2. 3. 4.

caught in flagrante delito citizens’ arrest arrested with warrant voluntary surrender 5. filing pleading [motion to reduce bond; Petition for bail; motion to quash information; etc]

Issues of the case Are determined and conferred by: a) pleadings filed by the parties; b) agreement / stipulations in the Pre-Trial stage; c) implied consent / acquiescence; d) failure to seasonably object to evidence on an issue not covered by the pleadings Over the Res

1. actual or constructive seizure by the court, or custodia legis; [levy, garnishment, attachment] 2. land registration proceedings; 3. suits involving civil status of plaintiff;l 4. real property of a non-resident defendant thru Summons by Publication

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CIVIL PROCEDURE: Initiatory Proceedings One COMMITS / OMITS an act which produces injury, damage, death, loss, prejudice, to another person (CAUSE OF ACTION)

Person who suffered these must file a COMPLAINT / PETITION

Case Dismissed; Compromise Agreement; Withdrawal; Non-suit; Judgment

NOTE: No Default on Annullment of Marriage; Legal Separation

THRU ANY:

Public Attorneys’ Office IBP Legal Aid

NOTARIAL DEMAND

YES

No Pre-Trial-Brief; Non-appearance: Default?

Free Legal Assistance Group

No Answer: Default?

Private Lawyers

Plaintiff non-suited- Defendant to present ex-parte on counterclaim

TRIAL PROPER

NO

SETTLED?

Plaintiff’s Motion to set for Pre-Trial Pre-Trial REPLY; Rejoinder; Amendment of Pleadings;

SETTLED? Responsive Pleadings

NO

Evidence exparte

YES MeTC, MTC, MCTC, MTCC BARANGAY FORUM

See: MTC Procedures

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SUMMONS

REGIONAL TRIAL COURT Referral to the ALTERNATIVE DISPUTE RESOLUTION SYSTEM If the case is cognizable therein

Motion to Dismiss; Bill of Particulars; Motion for Extension of Time to File answer

Judgment on the Pleadings OR Motion for Summary Judgments

Page 3

CRIMINAL PROCEDURE: Initiatory Proceedings One COMMITS / OMITS an act which produces injury, damage, death, loss, prejudice, to another person (CAUSE OF ACTION) Person who suffered these, OR those authorized by law, must file a COMPLAINT

TRIAL PROPER Decision

Preliminary Investigation

THRU ANY:

YES

Public Prosecutors’ Office

NO

Guilty plea or to a lesser offense

Barangay Chairman notarial demand subpoena summons

Free Legal Assistance Group Private Lawyers [e.g. BP 22 cases]

Jumped bail

Arraignment

SETTLED?

Law Enforcement Agencies

Trial in absentia

YES

NO MeTC, MTC, MCTC, MTCC

BARANGAY FORUM

Pre-Trial

Warrant of arrest Detention mittimus

Motion to Dismiss; Bill of Particulars; Motion to reduce bail; Petition for Bail; Motion for Re-investigation; amendment of pleadings;

REGIONAL TRIAL COURT

See: MTC Procedures

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Page 4

RULE 111: Prosecution of Civil Action

CRIMINAL ACTION, the Civil action for recovery of civil liability arising from the offense charged is also instituted UNLESS the offended party:

A. Waives the civil action

This does not bar recovery of civil liability arising from the same act of omission under Arts. 32, 33, 34 & 2176 of the Civil Code which may proceed independently

B. Reserves the right to institute it separately If amt of damages [EXCEPT ACTUAL] specified, proper filing fees shld be paid; if not, it shall be lien on judgment;

Death of the accused does not extinguish these liabilities; offended party can resort to Rule 3, Sec. 16

BEFORE Pros presents evidence & under circumstances affording the offended party reasonable opportunity to make said reservation; OR, after final judgment in the criminal case

It shall be suspended at any stage before judgment on the merits, and resumed after the final judgment in the criminal case;

C. Instituted civil action prior to the criminal action

Before trial commences, offended party may move for consolidation with the criminal case in the court trying the same, to be tried jointly

Before judgment on the merits, the offended party may move for its consolidation with the criminal case, tried jointly, with evidence previously introduced automatically reproduced in the criminal case

EXCEPT: Violation of Batas Pambansa Blg. 22, where no reservation to file civil action separately shall be allowed. REMEDIAL LAW/monroetabingan

Accused dies BEFORE arraignment, case shall be dismissed without prejudice to any civil action against his estate

Death of the accused AFTER arraignment and DURING pendency of the criminal action extinguishes civil liability arising from the delict

A final judgment in the civil action absolving the accused from civil liability does not bar subsequent criminal action for the same act or omission subject of the civil case

Suspension by reason of Prejudicial Question in a civil action filed with Pros. Office or in the court conducting trial anytime before prosecution rests

Trial Proper

Joint Decision

Accused not allowed to rile counter claim, crossclaim, 3rd party complaint in the crim. Case, only in separate civil action

Page 5

PROSECUTION OF OFFENSES Name, age, address, relationship, OFFENDED PARTY

OFFENDER

OFFENSE As given by statute; If none, then the reference shall be made to the section or subsection of the statute punishing it.

PLACE

TIME

ACT/S

Damages / prejudice suffered

Name, age, address; or, fictitious name, specific description / distinguishing marks

Specific or general, locality, inhabited, dwelling, etc. Date, hour, day, night

Single or series, verbal or physical,

MENTAL, injuries, losses,

SP Order

J U R I S D I C T I O

N EVIDENCE

Witnesses, documents, objects, corpus delicti

COMPLAINT:  Sworn written Statements  Subscribed by offended party; any peace officer; other public officer charged with the enforcement of the law violated

INFORMATION: Written accusation charging a person w/ an offense, subscribed by the prosecutor

PUBLIC PROSECUTOR

Prel. Investigation Offenses punishable by 4 yrs, 2 mos., 1 d

INFORMATION / COMPLAINT Regional Trial Court

D e T E N t I O n M i T T I M u s

W A R R A N T O F A R R E S T

SPECIFIC QUALIFYING / AGGRAVATING CIRCUMSTANCES

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Page 6

PRELIMINARY INVESTIGATION -

-

Judges May issue WA under Sec. 6, par. b

Public Prosecutor

COMPLAINTS

directly filed certified by brgy. Indorsed by PNP, NBI, etc. Punishable by 4 yrs, 2 mos., & 1 day Accompanied by affidavits of complainant and his witnesses Attach other supporting documents to establish probable cause

COMELEC Legal Officers [for criminal violations of election law]

MTC, MCTC Judges, subject to review by City/Prov’l Pros./Ombudsman/ Sandiganbayan

“Special Prosecutors” [RAC, Sec. 1686] [appointed to assist prosecutors] Sec. 5, as amended by A.M. No. 02-2-07SC, effective 01 May 2002

Ombudsman, for Sandiganbayan [acts / omissions of public officer or employee]

NOTE: Under SC CIR 84, dated 03 Oct. 2005, EFFECTIVE 01 Jan. 2006, MTC Judges were no longer allowed to conduct Preliminary Investigation

Nat’l. & Reg’l. State Pros.

Raffle Investigating Prosecutor

Recommend Dismissal

Issue Subpoena for Respondent to submit CA & supporting documents , WITH RIGHT TO EXAMINE EVIDENCE SUBMITTED BY complainant

Yes

No Counter-Affidavit, etc.

With CA, atc. NO MOTION TO DISMISS

Settlement? No Prima Facie Evidence?

Clarificatory Hearing

Affirm

RESOLUTION Recommend Dismissal

No Prepare Information

APPEAL to Sec. Of Justice [for both dismissed & filed cases]

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City / Provincial Prosecutor / Chief State Prosecutor, Ombudsman

Reverse

Appeal to Reg’l. State Prosecutor [for Dismissed cases]

Page 7

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Page 8

.PROCEEDINGS

Offended Party files Verbal or Written Complaint/Statement

UNDER KATARUNGANG PAMBARANGAY (Chap. 7, Sec. 399-422, P.D. 7160)

Punong Barangay

ALL DISPUTES

PANGKAT TAGAPAYAPA

SUMMONS

SUMMONS

Except:

[1] one party is the gov’t., et. al., [2] one party is a public officer / employee, & dispute refers to his official functions; [3] offense is punishable by imprisonment > 1 yr; of a fine > P5,000.00; 4] offenses where there is no private offended party; [5] involving lands located in different cities / municipalities except when the parties agree; [6] parties residents of different, but not adjacent, barangays of different municipalities / cities; [7] such other disputes which may be included by the President.

COURT OF PROPER JURISDICTION

Conciliation Hearing

SETTLED?

Constitution of the Pangkat Tagapayapa

SETTLED? YES

NO YES Execution, by Lupon w/in 6 mos. fr. Settlement; thereafter, by the courts

NO

CERTIFICATE TO FILE ACTION Refer to the local Alternative Dispute Resolution System Unit

Repudiation

By Motion

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Page 9

R.A. 9285: ALTERNATIVE DISPUTE RESOLUTION SYSTEM 1. 2. 3.

All civil cases, settlement of estates and cases covered by the Rule on Summary procedure.  Forcible Entry / Unlawful Detainer;  violation of traffic laws, rules and regulations;  violations of the rental law;  violations of city, municipal, barangay ordinances;  all other criminal cases where the penalty prescribed by law for the offense charged does not exceed six (6) months imprisonment, or a fine of one thousand (P1,000.00) Pesos, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom;  The civil aspect of quasi-offenses under negligence [Title 14, RPC] like motor vehicle accidents that has damaged the vehicle or injured passengers or pedestrians, where the imposable fine does not exceed ten thousand (P10,000.00) pesos. 4. The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks, estafa and libel where damages are sought; 1. 2. 3. 4. 5. 6. 7. 8.

Cases cognizable by the Lupon Tagapayapa under the Katarungang Pambarangay Law such as disputes between neighbors of the same barangay over property. ALL DISPUTES, Except:  one party is the gov’t., et. al., one party is a public officer / employee, & dispute refers to his official functions; offense is punishable by imprisonment > 1 yr; of a fine > P5,000.00; offenses where there is no private offended party; involving lands located in different cities / municipalities except when the parties agree; parties residents of different, but not adjacent, barangays of different municipalities / cities; such other disputes which may be included by the President. Court of Proper Jurisdiction

Lupon Tagapayapa

SETTLED?

YES

CERTIFICATE TO FILE ACTION

NO

Execution, by Lupon w/in 6 mos. fr. Settlement; thereafter, by the courts

NO

YES

MEDIATABLE?

Notice of Order of Pre-Trial

ORDER To PMC Unit for Orientation on mediation

Mediation session

To last 30 days, w/ one 30-day extension; In private rooms in the PMC unit of the trial court; In Sessions of 1 to 3 hrs each; No. of attendees unlimited, subject to space limitation; Native dialects maybe used, if understood by all

Mediation proceedings scheduled w/in 5-7 working days Selection of accredited mediators

EXCEPT:

Labor disputes [Labor Code] civil status of persons validity of marriage any ground for legal separation the jurisdiction of courts future legitime criminal liability those by law cannot be compromised

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Trial Judge now conducts trial under regular procedures

YES Pre-Trial Judge Rules on the compromise agreement

SETTLED? The Other party does not comply, inform Court w/c will issue Order to comply, or issue Writ upon motion

Case is referred back to the Pre-Trial Judge NO Series of another conciliation, evaluation, mediation sessions

JUDGMENT On compromise agreement Order referring the case to another judge

YES

SETTLED?

Page 10

RULES ON SUMMARY PROCEDURE [*as amended by A. M. No. OO-ll-OI-SC, March 25, 2003, EFFECTIVE APRIL 15, 2003] CIVIL CASES

1. 2. 3. 4.

Forcible Entry / Unlawful Detainer; Claim = or < P10,000.00 Certified by proper barangay forum; NOT pleaded in same complaint subject to ordinary rules Referral to the ALTERNATIVE DISPUTE RESOLUTION SYSTEM

CRIMINAL CASES

1. 2. 3. 4. 5.

Violations of: Traffic laws, rules & regulations; rental laws; municipal or city ordinances; Penalty prescribed is imprisonment of = or < 6 mos., or a fine = or < P1,000.00, or both; DTPTRI, fine = or