Court Jurisdiction

June 8, 2018 | Author: vjoucher | Category: Fine (Penalty), Jurisdiction, Habeas Corpus, Legal Concepts, Legal Procedure
Share Embed Donate


Short Description

remedial law philippines...

Description

JURISDICTION OF PHILIPPINE COURTS

MeTC, MTC, MCTC, MuTC Original Jurisdiction (OJ)  A.Civil (1) Exclusive (EOJ) o  Actions involving personal property valued at not more than 300K/400K demanding sum of money not o  Actions exceeding 300K/400K Includes admiralty & maritime cases o Probate proceedings where gross value of  estate does not exceed 300K/400K involving title/possession of real o  Actions property where assessed value does not exceed 20K/50K o Provisional remedies in principal actions within their jurisdiction o Summary Procedure Forcible entry and unlawful detainer  Irrespective of amount of damages or  unpaid rentals sought to be recovered Other cases where total of the claim does not exceed 100K/200K o Inclusion and exclusion of voters (2) Delegated o Cadastral and land registration cases No controversy or opposition, and Contested lots valued at more than 100K (3) Special o Petition for Habeas Corpus In the absence of all RTC judges B.Criminal  (1) Exclusive o Summary Procedure Violations of traffic laws, rules and regulations Violations of rental law Violations of city/municipal ordinances committed w/in territorial jurisdiction Offenses punishable with imprisonment of  not more than 6 months, or a fine not exceeding 1K, or both Regardless of other impossible accessory or other penalties and civil liability arising therefrom Offenses involving damage to property through criminal negligence where imposable fine does not exceed 10K o Offenses punishable with imprisonment of not more than 6 years Irrespective of fine Regardless of other impossible accessory 







 





 







 

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

REGIONAL TRIAL COURT Original Jurisdiction A.Civil (1) Exclusive cases where demand or value of  o Other property in controversy exceeds 300K/400K o  Actions in admiralty & maritime jurisdiction where demand/claim exceeds 300K/400K o Probate proceedings where gross value of  estate exceeds 300K/400K involving title/possession of real o  Actions property where assessed value exceeds 20K/50K o  Actions not capable of pecuniary estimation o Cases not falling within EJ of any court, tribunal, person or body exercising judicial or  quasi-judicial functions o Under Securities & Regulation Code Devices or schemes employed by the board of directors, business associates, its officers or partnership, amounting to fraud or  misrepresentation Controversies arising out of intra-corporate partnership relations Controversies in the election or appointment of directors, trustees, officers, or managers of such corporation, partnership or  association Petition to be declared in a state of  suspension of payments o  Application for issuance of writ of search and seizure in civil actions for infringement of  intellectual property o Violations of Anti-Money Laundering Act B.Criminal  (1) Exclusive o Not within the EJ of any court, tribunal, or body Offenses punishable with imprisonment of  more than 6 years Irrespective of fine Offenses not falling within EOJ of  Sandiganbayan None of the accused is occupying a position corresponding to salary grade “27” and higher  penalty provided by law is a fine o Only exceeding 4K o Jurisdiction to impose the maximum and most serious penalty imposable for an offense forming part of the complex crime 















COURT OF APPEALS Original Jurisdiction A.Exclusive (1) Annulment of judgments of RTC (2) Petitions under Rule 65 involving an act or omission of a quasi-judicial agency

SUPREME COURT Original Jurisdiction  A.Exclusive Petitions under Rule 65 against: o CA o COMELEC o COA o Sandiganbayan o CTA en banc o Ombudsman in criminal and non-administrative disciplinary cases

JURISDICTION OF PHILIPPINE COURTS

or other penalties and civil liability arising therefrom Have EOJ over Offenses involving damage to property through criminal negligence not falling within EOJ of  o Offenses Sandiganbayan None of the accused is occupying a position corresponding to salary grade “27” and higher  o Only penalty provided by law is a fine not exceeding 4K (2) Special o  Applications for bail In the absence of all RTC judges 





GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

JURISDICTION OF PHILIPPINE COURTS

MeTC, MTC, MCTC, MuTC Concurrent (in civil actions) (1) With SC o Petition for quo warranto insofar as barangay officials are concerned (2) With RTC o  Application for Protection Order 

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

REGIONAL TRIAL COURT Concurrent (in civil actions) (1) With SC o  Actions affecting ambassadors & other public ministers and consuls (2) With SC and CA o Petitions for habeas corpus and quo warranto (3) With SC, CA and Sandiganbayan: o Petitions for writ of amparo and habeas data o Petitions under Rule 65 (4) With MeTC, MTC, MCTC o  Application for Protection Order  (5) With Insurance Commission o Claims not exceeding 100K

COURT OF APPEALS B.Concurrent  (1) With SC o Petitions under Rule 65 against CSC o Petitions under Rule 65 against NLRC (2) With SC and RTC o Petitions for habeas corpus and quo warranto brought to prevent and restrain o  Actions violation of laws concerning monopolies and combinations in restraint of trade (3) With SC, RTC and Sandiganbayan o Petitions under Rule 65 relating to an act or  omission of a MTC, or of a corporation, board, officer or person o Petitions for writ of amparo and habeas data

SUPREME COURT B.Concurrent  (1) With CA o Petitions under Rule 65 against CSC o Petitions under Rule 65 against NLRC (2) With CA and RTC o Petitions for habeas corpus and quo warranto brought to prevent and restrain o  Actions violation of laws concerning monopolies and combinations in restraint of trade (3) With CA, RTC and Sandiganbayan o Petitions under Rule 65 relating to an act or  omission of a MTC, or of a corporation, board, officer or person o Petitions for writ of amparo and habeas data (4) With RTC o  Actions affecting ambassadors & other public ministers and consuls (5) With MTC o Petition for quo warranto insofar as barangay officials are concerned

JURISDICTION OF PHILIPPINE COURTS

MeTC, MTC, MCTC, MuTC

REGIONAL TRIAL COURT COURT OF APPEALS SUPREME COURT Appellate Jurisdiction Appellate Jurisdiction Appellate Jurisdiction  All cases decided by lower courts in their respective  A.Ordinary Appeal   A.Ordinary Appeal  territorial jurisdiction. From CA, in all cases involving offenses for which: o From RTC o Penalty imposed is reclusion perpetua or life In its exercise of OJ imprisonment, or  On constitutional, tax, jurisdictional questions penalty is imposed for offenses o Lesser involving questions of facts which should be committed on the same occasion or which arose appealed first to CA out of the same occurrence that gave rise to the Penalty imposed is reclusion perpetua or life more severe offense for which the penalty of  imprisonment death is imposed Lesser penalty is imposed 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 imposed penalty is reclusion perpetua or life imprisonment o From Family Courts o From MeTC, MTC, MCTC Land registration and cadastral cases B.Petition for Review  B.Petition for Review on Certiorari  o From CSC o From CA o From RTC o From Sandiganbayan on pure questions of law o From judgments or final orders of RTC (OJ) In cases appealed from MeTC and MCTC, which are not a matter of right Constitutionality or validity of any treaty, international or executive agreement, law, o From quasi-judicial agencies presidential decree, proclamation, order, o From NCIP instruction, ordinance or regulation is in o From Ombudsman question In administrative disciplinary cases Legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto Jurisdiction of lower court is in issue Only error or question of law is involved o From CTA C.Petition for Certiorari  C.Petition for Certiorari  o  Against NLRC o  Against COMELEC and COA D. Automatic Review  o RTC imposed the death penalty  















 

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

View more...

Comments

Copyright ©2017 KUPDF Inc.
SUPPORT KUPDF