Remedial Law - CIVPRO

8/13/2019 Remedial Law - CIVPRO

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CIVIL PROCEDURE

Mandatory Readings

1987 Constitution

1991 Revised Rule on Summary Procedure1997 Rules of Civil ProcedureA.M. 99-2-01-SCA.M. No. 00-2-14-SCA.M. No. 02-1-06-SCA.M. No. 02-11-10-SC (March 15, 2003)A.M. No. 02-11-11-SC (March 15, 2003)A.M. No. 02-11-12-SC (March 15, 2003)A.M. No. 03-1-09-SC (July 13, 2004)A.M. No. 04-10-11-SC (November 15, 2004)A.M. No. 04-9-07-SC

A.M. No. 07-9-12-SC 25 (September 25, 2007) (Rule on the Writ of Amparo)A.M. No. 08-1-16-SC (Rule on the Writ of Habeas Data)A.M. No. 08-8-7-SC (October 1, 2008)A.M. No. 88-1-6460, March 3, 1988A.O. 33B.P. 129 (as am. By R.A. 7691 and R.A. 7902)B.P. 68Bar Matter No. 1132Bar Matter No. 1922Bar Matter No. 287 (September 26, 2000)Civil CodeE.O. 209 (Family Code)family courts under R.A. 8369 (Family Courts Act of 1997)OCA Cir. No. 39-98P.D. 1079P.D. 1083P.D. 1486P.D. 1606, as amended by RA 7975P.D. 1818 (1989)P.D. 442, as amended by RA 6715 Private Juridical Entity)P.D. 537

R.A. 4883R.A. 6657R.A. 6734R.A. 6809R.A. 7160, secs. 399-422 (Revised Katarungang Pambarangay Law)R.A. 7691R.A. 8249R.A. 8369R.A. 8799 (Securities Regulation Code)R.A. 8974R.A. 8975

R.A. 9285SC A.M. 03-1-09-SC


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SC A.M. 7-7-12 (December 4, 2007)SC A.M. 7-7-12 (December 4, 2007)SC A.M. No. 04-7-03-SC (July 13, 2004)SC A.M. No. 11-3-6-SC (New Rule on Service of Summons on ForeignSC A.M. No. 7-7-12 (December 4, 2007)

SC A.M. No. 99-2-04-SCSC Adm. Cir. No. 7-A-92 (June 21, 1993)SC Adm. Memo. No. 01-2-04SC Admin. Cir. 20-95 (February 12 ,1995)SC Admin. Cir. 29-2002 (July 1, 2002)SC Admin. Cir. 3-96 (February 9, 1993)SC Admin. Cir. 38-2002 (August 28, 2002)SC Admin. Cir. No. 11-2000SC Admin. Cir. No. 3-96 (supra, see Rule 45)SC Admin. Circular 09-94 (June 14, 1994)SC Admin. Circular 09-94 (June 4, 1994)

SC Cir. 1-89SC Cir. 10-25-2000SC Cir. 13-93SC Cir. 48-2000SC Cir. 5-98 (January 12, 1998)SC Cir. 6-93 (February 9, 1993)SC Cir. 68-94 (November 3, 1994)SC Cir. No. 11-99 (transfer to RTC from MTC of cases w/in jurisdiction ofSC Circular 2-89SC Circular 38-97SC Circular No. 48-2000SC Resol. A.M. No. 99-2-01SC Resolution of February 17, 1998SC Resolution of February 9, 1999 re A.M. No. 99-2-01-SC

Jurisprudence

1. Sindico vs. Diaz2. Manila Railroad vs. Atty. General3. Abbain vs. Chua4. SEAFDEC vs. NLRC

5. Soliven vs. Fastforms Phils.6. Southern Food vs. Salas7. Manila Railroad vs. Atty. General8. Boticano vs. Chu9. Rodriguez vs. Alikpala10. Banco Espanol Filipino vs. Palanca11. De Midgely vs. Ferandos12. Gonzaga vs. CA13. Urbano vs. Chavez14. Ortigas vs. CA15. Josefa vs. Zhandong Trading Corp.

16. People vs. Sola17. St. Martin Funeral Home v. NLRC


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18. CB vs. CA19. Home Guaranty vs. R-II Builders20. Ascue vs. CA21. Baito vs. Sarmiento22. Matling Industrial vs. Coros

23. UST vs. Sanchez24. Lim Kieh Tong v. CA25. BF Citiland Corporation v. Otake26. Russel v. Vestil27. Tomawis v. Balindong28. Republic v. Asuncion29. Land Bank v. Villegas30. STRADEC v. SIDC31. City Government of Baguio City v. Masweng32. Manufacturers Distributors v. Yu Siu Liong33. Cruz v. Tan

34. Lapitan v. Scandia35. Good Development v. Tutaan

JUDICIAL POWER

Article VIII:

Section 1. The judicial power shall be vested in one Supreme Court and insuch lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actualcontroversies involving rights which are legally demandable and enforceable,and to determine whether or not there has been a grave abuse of discretionamounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the Government.

Section 5.The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, otherpublic ministers and consuls, and over petitions for certiorari, prohibition,mandamus, quo warranto, and habeas corpus.

(2)Review, revise, reverse, modify, or affirm on appeal or certiorari, as thelaw or the Rules of Court may provide, final judgments and orders of lowercourts in:

(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 criminal cases in which the penalty imposed is reclusion perpetua orhigher.


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(e)All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as publicinterest may require. Such temporary assignment shall not exceed six monthswithout the consent of the judge concerned.

(4)Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement ofconstitutional rights, pleading, practice, and procedure in all courts, theadmission to the practice of law, the integrated bar, and legal assistance tothe under-privileged. Such rules shall provide a simplified and inexpensiveprocedure for the speedy disposition of cases, shall be uniform for all courts ofthe same grade, and shall not diminish, increase, or modify substantive rights.Rules of procedure of special courts and quasi-judicial bodies shall remaineffective unless disapproved by the Supreme Court.

(6)Appoint all officials and employees of the Judiciary in accordance with theCivil Service Law.

Rule 63:

Section 1.Who may file petition. Any person interested under a deed, will,contract or other written instrument, or whose rights are affected by a statute,executive order or regulation, ordinance, or any other governmental regulationmay, before breach or violation thereof bring an action in the appropriateRegional Trial Court to determine any question of construction or validityarising, and for a declaration of his rights or duties, thereunder. (Bar MatterNo. 803, 17 February 1998)

An action for the reformation of an instrument, to quiet title to real property orremove clouds therefrom, or to consolidate ownership under Article 1607 ofthe Civil Code, may be brought under this Rule. (1a, R64)

Article VII:

Section 4. The President and the Vice-President shall be elected by direct

vote of the people for a term of six years which shall begin at noon on thethirtieth day of June next following the day of the election and shall end atnoon of the same date, six years thereafter. The President shall not be eligiblefor any re-election. No person who has succeeded as President and hasserved as such for more than four years shall be qualified for election to thesame office at any time.

No Vice-President shall serve for more than two successive terms. Voluntaryrenunciation of the office for any length of time shall not be considered as aninterruption in the continuity of the service for the full term for which he waselected.


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Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certifiedby the board of canvassers of each province or city, shall be transmitted to the

Congress, directed to the President of the Senate. Upon receipt of thecertificates of canvass, the President of the Senate shall, not later than thirtydays after the day of the election, open all the certificates in the presence ofthe Senate and the House of Representatives in joint public session, and theCongress, upon determination of the authenticity and due execution thereof inthe manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected,but in case two or more shall have an equal and highest number of votes, oneof them shall forthwith be chosen by the vote of a majority of all the Membersof both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contestsrelating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

Article VII:

Section 18. The President shall be the Commander-in-Chief of all armedforces of the Philippines and whenever it becomes necessary, he may call outsuch armed forces to prevent or suppress lawless violence, invasion orrebellion. In case of invasion or rebellion, when the public safety requires it,he may, for a period not exceeding sixty days, suspend the privilege of thewrit of habeas corpus or place the Philippines or any part thereof undermartial law. Within forty-eight hours from the proclamation of martial law or thesuspension of the privilege of the writ of habeas corpus, the President shallsubmit a report in person or in writing to the Congress. The Congress, votingjointly, by a vote of at least a majority of all its Members in regular or specialsession, may revoke such proclamation or suspension, which revocation shallnot be set aside by the President. Upon the initiative of the President, the

Congress may, in the same manner, extend such proclamation or suspensionfor a period to be determined by the Congress, if the invasion or rebellionshall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following suchproclamation or suspension, convene in accordance with its rules withoutneed of a call.

The Supreme Court may review, in an appropriate proceeding filed by anycitizen, the sufficiency of the factual basis of the proclamation of martial law orthe suspension of the privilege of the writ of habeas corpus or the extension

thereof, and must promulgate its decision thereon within thirty days from itsfiling.


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A state of martial law does not suspend the operation of the Constitution, norsupplant the functioning of the civil courts or legislative assemblies, norauthorize the conferment of jurisdiction on military courts and agencies overcivilians where civil courts are able to function, nor automatically suspend the

privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply onlyto persons judicially charged for rebellion or offenses inherent in, or directlyconnected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, anyperson thus arrested or detained shall be judicially charged within three days,otherwise he shall be released.

Civil Code:

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to thecontrary.

When the courts declared a law to be inconsistent with the Constitution, theformer shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid onlywhen they are not contrary to the laws or the Constitution. (5a)

Art. 8. Judicial decisions applying or interpreting the laws or the Constitutionshall form a part of the legal system of the Philippines. (n)

Art. 9. No judge or court shall decline to render judgment by reason of thesilence, obscurity or insufficiency of the laws. (6)

Article VIII:

Section 2. The Congress shall have the power to define, prescribe, andapportion the jurisdiction of the various courts but may not deprive the

Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines thesecurity of tenure of its Members.

Rule 56:

Section 3.Mode of appeal. An appeal to the Supreme Court may be takenonly by a petition for review on certiorari, except in criminal cases where thepenalty imposed is death, reclusion perpetuaor life imprisonment. (n)

Article VI:


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Section 30. No law shall be passed increasing the appellate jurisdiction of theSupreme Court as provided in this Constitution without its advice andconcurrence.

PRESCRIBED JURISDICTION

Rule 9:

Section 1.Defenses and objections not pleaded. Defenses and objectionsnot pleaded either in a motion to dismiss or in the answer are deemed waived.However, when it appears from the pleadings or the evidence on record thatthe court has no jurisdiction over the subject matter, that there is anotheraction pending between the same parties for the same cause, or that theaction is barred by a prior judgment or by statute of limitations, the court shalldismiss the claim. (2a)

Civil Code:

Art. 2035. No compromise upon the following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts;

(6) Future legitime. (1814a)

R.A. 7691:

Section 7.The provisions of this Act shall apply to all civil cases that have notyet reached the pre-trial stage. However, by agreement of all the parties, civilcases cognizable by municipal and metropolitan courts by the provisions of

this Act may be transferred from the Regional Trial Courts to the latter. Theexecutive judge of the appropriate Regional Trial Courts shall define theadministrative procedure of transferring the cases affected by the redefinitionof jurisdiction to the Metropolitan Trial Courts, Municipal Trial Courts, andMunicipal Circuit Trial Courts.

ACQUIRED JURISDICTION

Rule 14:

Section 1.Clerk to issue summons. Upon the filing of the complaint and

the payment of the requisite legal fees, the clerk of court shall forthwith issuethe corresponding summons to the defendants. (1a)


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Section 2. Contents. The summons shall be directed to the defendant,signed by the clerk of court under seal and contain (a) the name of the courtand the names of the parties to the action; (b) a direction that the defendantanswer within the time fixed by these Rules; (c) a notice that unless the

defendant so answers plaintiff will take judgment by default and may begranted the relief applied for.

A copy of the complaint and order for appointment of guardian ad litemif any,shall be attached to the original and each copy of the summons. (3a)

Section 3.By whom served. The summons may be served by the sheriff,his deputy, or other proper court officer, or for justifiable reasons by anysuitable person authorized by the court issuing the summons. (5a)

Section 6. Service in person on defendant. Whenever practicable, the

summons shall be served by handling a copy thereof to the defendant inperson, or, if he refuses to receive and sign for it, by tendering it to him. (7a)

Section 7. Substituted service. If, for justifiable causes, the defendantcannot be served within a reasonable time as provided in the precedingsection, service may be effected (a) by leaving copies of the summons at thedefendant's residence with some person of suitable age and discretion thenresiding therein, or (b) by leaving the copies at defendant's office or regularplace of business with some competent person in charge thereof. (8a)

Section 14. Service upon defendant whose identity or whereabouts areunknown. In any action where the defendant is designated as an unknownowner, or the like, or whenever his whereabouts are unknown and cannot beascertained by diligent inquiry, service may, by leave of court, be effectedupon him by publication in a newspaper of general circulation and in suchplaces and for such time as the court may order. (16a)

Section 15.Extraterritorial service. When the defendant does not resideand is not found in the Philippines, and the action affects the personal statusof the plaintiff or relates to, or the subject of which is, property within thePhilippines, in which the defendant has or claims a lien or interest, actual or

contingent, or in which the relief demanded consists, wholly or in part, inexcluding the defendant from any interest therein, or the property of thedefendant has been attached within the Philippines, service may, by leave ofcourt, be effected out of the Philippines by personal service as under section6; or by publication in a newspaper of general circulation in such places andfor such time as the court may order, in which case a copy of the summonsand order of the court shall be sent by registered mail to the last knownaddress of the defendant, or in any other manner the court may deemsufficient. Any order granting such leave shall specify a reasonable time,which shall not be less than sixty (60) days after notice, within which thedefendant must answer. (17a)


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Section 20.Voluntary appearance. The defendant's voluntary appearancein the action shall be equivalent to service of summons. The inclusion in amotion to dismiss of other grounds aside from lack of jurisdiction over theperson of the defendant shall not be deemed a voluntary appearance. (23a)

Section 15.Extraterritorial service. When the defendant does not resideand is not found in the Philippines, and the action affects the personal statusof the plaintiff or relates to, or the subject of which is, property within thePhilippines, in which the defendant has or claims a lien or interest, actual orcontingent, or in which the relief demanded consists, wholly or in part, inexcluding the defendant from any interest therein, or the property of thedefendant has been attached within the Philippines, service may, by leave ofcourt, be effected out of the Philippines by personal service as under section6; or by publication in a newspaper of general circulation in such places andfor such time as the court may order, in which case a copy of the summonsand order of the court shall be sent by registered mail to the last known

address of the defendant, or in any other manner the court may deemsufficient. Any order granting such leave shall specify a reasonable time,which shall not be less than sixty (60) days after notice, within which thedefendant must answer. (17a)

Rule 18:

Section 7. Record of pre-trial. The proceedings in the pre-trial shall berecorded. Upon the termination thereof, the court shall issue an order whichshall recite in detail the matters taken up in the conference, the action takenthereon, the amendments allowed to the pleadings, and the agreements oradmissions made by the parties as to any of the matters considered. Shouldthe action proceed to trial, the order shall, explicitly define and limit the issuesto be tried. The contents of the order shall control the subsequent course ofthe action, unless modified before trial to prevent manifest injustice. (5a, R20)

Rule 10:

Section 5.Amendment to conform to or authorize presentation of evidence. When issues not raised by the pleadings are tried with the express orimplied consent of the parties they shall be treated in all respects as if they

had been raised in the pleadings. Such amendment of the pleadings as maybe necessary to cause them to conform to the evidence and to raise theseissues may be made upon motion of any party at any time, even afterjudgment; but failure to amend does not effect the result of the trial of theseissues. If evidence is objected to at the trial on the ground that it is not withinthe issues made by the pleadings, the court may allow the pleadings to beamended and shall do so with liberality if the presentation of the merits of theaction and the ends of substantial justice will be subserved thereby. The courtmay grant a continuance to enable the amendment to be made. (5a)

SPECIFIC JURISDICTION OF COURTS

Supreme Court


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Article VIII:

Section 1. The judicial power shall be vested in one Supreme Court and insuch lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actualcontroversies involving rights which are legally demandable and enforceable,and to determine whether or not there has been a grave abuse of discretionamounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, andapportion the jurisdiction of the various courts but may not deprive theSupreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines thesecurity of tenure of its Members.

Section 5.The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, otherpublic ministers and consuls, and over petitions for certiorari, prohibition,mandamus, quo warranto, and habeas corpus.

(2)Review, revise, reverse, modify, or affirm on appeal or certiorari, as thelaw or the Rules of Court may provide, final judgments and orders of lowercourts in:

(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 criminal cases in which the penalty imposed is reclusion perpetua or

higher.

(e)All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as publicinterest may require. Such temporary assignment shall not exceed six monthswithout the consent of the judge concerned.

(4)Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement ofconstitutional rights, pleading, practice, and procedure in all courts, theadmission to the practice of law, the integrated bar, and legal assistance to

the under-privileged. Such rules shall provide a simplified and inexpensiveprocedure for the speedy disposition of cases, shall be uniform for all courts of


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the same grade, and shall not diminish, increase, or modify substantive rights.Rules of procedure of special courts and quasi-judicial bodies shall remaineffective unless disapproved by the Supreme Court.

(6)Appoint all officials and employees of the Judiciary in accordance with the

Civil Service Law.

Article IX-A:

Section 7. Each Commission shall decide by a majority vote of all itsMembers, any case or matter brought before it within sixty days from the dateof its submission for decision or resolution. A case or matter is deemedsubmitted for decision or resolution upon the filing of the last pleading, brief,or memorandum required by the rules of the Commission or by theCommission itself. Unless otherwise provided by this Constitution or by law,any decision, order, or ruling of each Commission may be brought to the

Supreme Court on certiorari by the aggrieved party within thirty days fromreceipt of a copy thereof.

B.P. 129:

Section 9.Jurisdiction. The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus,prohibition, certiorari,habeas corpus,and quo warranto, and auxiliary writs or processes,whether or not in aid of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements ofRegional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions,orders or awards of Regional Trial Courts and quasi-judicial agencies,instrumentalities, boards or commission, including the Securities andExchange Commission, the Social Security Commission, the EmployeesCompensation Commission and the Civil Service Commission, Exceptthose falling within the appellate jurisdiction of the Supreme Court inaccordance with the Constitution, the Labor Code of the Philippines under

Presidential Decree No. 442, as amended, the provisions of this Act, andof subparagraph (1) of the third paragraph and subparagraph 4 of thefourth paragraph od Section 17 of the Judiciary Act of 1948.

The court of Appeals shall have the power to try cases and conduct hearings,receive evidence and perform any and all acts necessary to resolve factualissues raised in cases falling within its original and appellate jurisdiction,including the power to grant and conduct new trials or Appeals must becontinuous and must be completed within three (3) months, unless extendedby the Chief Justice. (as amended by R.A. No. 7902.)

Rule 43:


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Appeals From the Court of Tax Appeals and Quasi-Judicial Agencies tothe Court of Appeals

Section 1.Scope. This Rule shall apply to appeals from judgments or finalorders of the Court of Tax Appeals and from awards, judgments, final orders

or resolutions of or authorized by any quasi-judicial agency in the exercise ofits quasi-judicial functions. Among these agencies are the Civil ServiceCommission, Central Board of Assessment Appeals, Securities and ExchangeCommission, Office of the President, Land Registration Authority, SocialSecurity Commission, Civil Aeronautics Board, Bureau of Patents,Trademarks and Technology Transfer, National Electrification Administration,Energy Regulatory Board, National Telecommunications Commission,Department of Agrarian Reform under Republic Act No. 6657, GovernmentService Insurance System, Employees Compensation Commission,Agricultural Invention Board, Insurance Commission, Philippine AtomicEnergy Commission, Board of Investments, Construction Industry Arbitration

Commission, and voluntary arbitrators authorized by law. (n)

Section 2.Cases not covered. This Rule shall not apply to judgments orfinal orders issued under the Labor Code of the Philippines. (n)

Section 3.Where to appeal. An appeal under this Rule may be taken tothe Court of Appeals within the period and in the manner herein provided,whether the appeal involves questions of fact, of law, or mixed questions offact and law. (n)

Section 4.Period of appeal. The appeal shall be taken within fifteen (15)days from notice of the award, judgment, final order or resolution, or from thedate of its last publication, if publication is required by law for its effectivity, orof the denial of petitioner's motion for new trial or reconsideration duly filed inaccordance with the governing law of the court or agency a quo. Only one (1)motion for reconsideration shall be allowed. Upon proper motion and thepayment of the full amount of the docket fee before the expiration of thereglementary period, the Court of Appeals may grant an additional period offifteen (15) days only within which to file the petition for review. No furtherextension shall be granted except for the most compelling reason and in nocase to exceed fifteen (15) days. (n)

Section 5. How appeal taken. Appeal shall be taken by filing a verifiedpetition for review in seven (7) legible copies with the Court of Appeals, withproof of service of a copy thereof on the adverse party and on the court oragency a quo. The original copy of the petition intended for the Court ofAppeals shall be indicated as such by the petitioner.

Upon the filing of the petition, the petitioner shall pay to the clerk of court ofthe Court of Appeals the docketing and other lawful fees and deposit the sumof P500.00 for costs. Exemption from payment of docketing and other lawfulfees and the deposit for costs may be granted by the Court of Appeals upon a

verified motion setting forth valid grounds therefor. If the Court of Appeals


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denies the motion, the petitioner shall pay the docketing and other lawful feesand deposit for costs within fifteen (15) days from notice of the denial. (n)

Section 6.Contents of the petition. The petition for review shall (a) statethe full names of the parties to the case, without impleading the court or

agencies either as petitioners or respondents; (b) contain a concise statementof the facts and issues involved and the grounds relied upon for the review;(c) be accompanied by a clearly legible duplicate original or a certified truecopy of the award, judgment, final order or resolution appealed from, togetherwith certified true copies of such material portions of the record referred totherein and other supporting papers; and (d) contain a sworn certificationagainst forum shopping as provided in the last paragraph of section 2, Rule42. The petition shall state the specific material dates showing that it was filedwithin the period fixed herein. (2a)

Section 7.Effect of failure to comply with requirements. The failure of the

petitioner to comply with any of the foregoing requirements regarding thepayment of the docket and other lawful fees, the deposit for costs, proof ofservice of the petition, and the contents of and the documents which shouldaccompany the petition shall be sufficient ground for the dismissal thereof. (n)

Section 8.Action on the petition. The Court of Appeals may require therespondent to file a comment on the petition not a motion to dismiss, withinten (10) days from notice, or dismiss the petition if it finds the same to bepatently without merit, prosecuted manifestly for delay, or that the questionsraised therein are too unsubstantial to require consideration. (6a)

Section 9.Contents of comment. The comment shall be filed within ten(10) days from notice in seven (7) legible copies and accompanied by clearlylegible certified true copies of such material portions of the record referred totherein together with other supporting papers. The comment shall (a) point outinsufficiencies or inaccuracies in petitioner's statement of facts and issues;and (b) state the reasons why the petition should be denied or dismissed. Acopy thereof shall be served on the petitioner, and proof of such service shallbe filed with the Court of Appeals. (9a)

Section 10.Due course. If upon the filing of the comment or such other

pleadings or documents as may be required or allowed by the Court ofAppeals or upon the expiration of the period for the filing thereof, and on therecords the Court of Appeals finds prima facie that the court or agencyconcerned has committed errors of fact or law that would warrant reversal ormodification of the award, judgment, final order or resolution sought to bereviewed, it may give due course to the petition; otherwise, it shall dismiss thesame. The findings of fact of the court or agency concerned, when supportedby substantial evidence, shall be binding on the Court of Appeals. (n)

Section 11.Transmittal of record. Within fifteen (15) days from notice thatthe petition has been given due course, the Court of Appeals may require the

court or agency concerned to transmit the original or a legible certified truecopy of the entire record of the proceeding under review. The record to be


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In light of the decision in St. Martin Funeral Homes v. NLRC (G.R. No.130866, 16 September 1998), all special civil actions arising out of anydecision or final resolution or order of the National Labor RelationsCommission filed with the Court after 01 June 1999 shall no longer bereferred to the Court of Appeals, but shall forthwith be DISMISSED.

Let this resolution be published in two newspaper of general circulation in thePhilippines and copies thereof furnished the Integrated Bar of the Philippinesand the National Labor Relations Commission.

Promulgated this 9th day of February 1999.

SC A.M. 7-7-12:

Regional Trial Courts

B.P. 129:

Section 19.Jurisdiction in civil cases. Regional Trial Courts shall exerciseexclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable ofpecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real property,or any interest therein, where the assessed value of the property involvedexceeds Twenty thousand pesos (P20,000.00) or for civil actions in MetroManila, where such the value exceeds Fifty thousand pesos (50,000.00)except actions for forcible entry into and unlawful detainer of lands orbuildings, original jurisdiction over which is conferred upon MetropolitanTrial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand orclaim exceeds One hundred thousand pesos (P100,000.00) or , in MetroManila, where such demand or claim exceeds Two hundred thousandpesos (200,000.00);

(4) In all matters of probate, both testate and intestate, where the gross valueof the estate exceeds One hundred thousand pesos (P100,000.00) or, inprobate matters in Metro Manila, where such gross value exceeds Two

hundred thousand pesos (200,000.00);(5) In all actions involving the contract of marriage and marital relations;(6) In all cases not within the exclusive jurisdiction of any court, tribunal,

person or body exercising jurisdiction or any court, tribunal, person orbody exercising judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusiveoriginal jurisdiction of a Juvenile and Domestic Relations Court and of theCourts of Agrarian Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest, damages ofwhatever kind, attorney's fees, litigation expenses, and costs or the valueof the property in controversy exceeds One hundred thousand pesos

(100,000.00) or, in such other abovementioned items exceeds Twohundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)


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RA 7691:

B.P. 129:

Section 21.Original jurisdiction in other cases. Regional Trial Courts shallexercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto,habeas corpus and injunction which may be enforced in any part of theirrespective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22.Appellate jurisdiction. Regional Trial Courts shall exerciseappellate jurisdiction over all cases decided by Metropolitan Trial Courts,

Municipal Trial Courts, and Municipal Circuit Trial Courts in their respectiveterritorial jurisdictions. Such cases shall be decided on the basis of the entirerecord of the proceedings had in the court of origin and such memorandaand/or briefs as may be submitted by the parties or required by the RegionalTrial Courts. The decision of the Regional Trial Courts in such cases shall beappealable by petition for review to the Court of Appeals which may give itdue course only when the petition showsprima faciethat the lower court hascommitted an error of fact or law that will warrant a reversal or modification ofthe decision or judgment sought to be reviewed.

Section 23.Special jurisdiction to try special cases. The Supreme Courtmay designate certain branches of the Regional Trial Courts to handleexclusively criminal cases, juvenile and domestic relations cases, agrariancases, urban land reform cases which do not fall under the jurisdiction ofquasi-judicial bodies and agencies, and/or such other special cases as theSupreme Court may determine in the interest of a speedy and efficientadministration of justice.

Rule 1:

Section 4. In what case not applicable. These Rules shall not apply to

election cases, land registration, cadastral, naturalization and insolvencyproceedings, and other cases not herein provided for, except by analogy or ina suppletory character and whenever practicable and convenient. (R143a)

Rule 143:

Applicability of the Rules

These rules shall not apply to land registration, cadastral and election cases,naturalization and insolvency proceedings, and other cases not hereinprovided for, except by analogy or in a suppletory character and whenever

practicable and convenient.


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SC Admin. Circular 09-94:

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIALCOURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIALCOURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL

COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTIONSERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THEPHILIPPINES

SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACTNO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THEMETROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS ANDMUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS,AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129,OTHERWISE KNOWN AS THE 'JUDICIARY REORGANIZATION ACT OF1980."

For the guidance of the bench and the Bar, the following guidelines are to befollowed in the implementation of Republic Act No. 7691, entitled "An ActExpanding the Jurisdiction of the Metropolitan Trial Courts, Municipal TrialCourts, and Municipal Circuit Trial Courts, Amending for the Purpose BatasPambansa Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act of1980":

1. The new jurisdiction of the Regional Trial Courts, Metropolitan TrialCourts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil

and original cases, and in cadastral and land registration cases, underSection 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No.7691. Was effective on April 15, 1994, fifteen (15) days after thepublication in the Malaya and in the Times Journal on March 30, 1994,pursuant to Section 8 of the R.A. No. 7691.

2. The exclusion of the term "damages of whatever kind" in determiningthe jurisdictional amount under Section 19 (8) and Section 33 (1) ofB.P. Blg. 129, as amended by R.A. No. 7691, applies to cases wherethe damages are merely incidental to or a consequence of the maincause of action. However, in cases where the claim for damages is the

main cause of action, or one of the causes of action, the amount ofsuch claim shall be considered in determining the jurisdiction of thecourt.

3. The criminal jurisdiction of the Metropolitan Trial Courts, MunicipalTrial Courts, and Municipal Trial Courts under Section 32 (2) of B.P.Blg. 129, as amended by R.A. No. 7691, has been increased to coveroffenses punishable with imprisonment not exceeding six (6) yearsirrespective of the amount of the fine. As a consequence, the RegionalTrial Courts have no more original jurisdiction over offenses committedby public officers and employees in relation to their office, where the

offense is punishable by more than four (4) years and two (2) monthsup to six (6) years.


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4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A.No. 7691, apply only to offenses punishable by imprisonment or fine, orboth, in which cases the amount of the fine is disregarded indetermining the jurisdiction of the court. However, in cases where theonly penalty provided by law is a fine, the amount thereof shall

determine the jurisdiction of the court in accordance with the originalprovisions of Section 32 (2) of B.P. Blg. 129 which fixed originalexclusive jurisdiction of the Metropolitan Trial Courts, Municipal TrialCourts, and Municipal Circuit Trial Courts over offenses punishablewith a fine of not more than four thousand pesos. If the amount of thefine exceeds four thousand pesos, the Regional Trial Court shall havejurisdiction, including offenses committed by public officers andemployees in relation to their office, where the amount of the fine doesnot exceed six thousand pesos.

However, this rule does not apply to offenses involving damage to

property through criminal negligence which are under the exclusiveoriginal jurisdiction of the Metropolitan Trial Courts, Municipal TrialCourts, and Municipal Circuit Trial Courts, irrespective of the amount ofthe imposable fine.

Manila, June 14, 1994.

R.A. 7691:

SC Cir. No. 11-99:

TO: THE JUDGES AND CLERKS OF COURTS OF THEREGIONAL TRIAL COURTS, METROPOLITAN TRIALCOURTS, MUNICIPAL TRIAL COURTS IN CITIES,MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUITTRIAL COURTS

SUBJECT:TRANSFER TO THE REGIONAL TRIAL COURTSOF CASES FALLING WITHIN THE JURISDICTION OF THEFAMILY COURTS FROM THE METROPOLITAN TRIAL

COURTS, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPALTRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

For the information and guidance of all concerned, quoted hereunder is theresolution of the Court En Bancdated February 9, 1999 in A.M. No. 99-1-13-SC Re: Transfer to Regional Trial Courts of cases falling within thejurisdiction of the family courts from the Metropolitan Trial Courts, MunicipalTrial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.

WHEREAS, Section 32 of the Judiciary Reorganization Act of 1980, asamended by Republic Act No. 7691, provides, on the one hand, that the

Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal TrialCourts and Municipal Trial Courts shall exercise exclusive original jurisdiction


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over, among others, "all offenses punishable with imprisonment not exceedingsix (6) years irrespective of the amount of fine, and regardless of otherimposable accessory or other penalties, including the civil liability arising fromsuch offenses or predicated thereon, irrespective of kind, nature, value oramount thereof . . .

WHEREAS, on the other hand, Section 5 of Republic Act No. 8369, otherwiseknown as the Family Courts Act of 1997, provides that the Family Courts shallhave original jurisdiction to hear and decide the following cases, regardless ofthe penalty imposable by law:

a) Criminal cases where one or more of the accused is beloweighteen (18) years of age but not less than nine (9) years ofage, or one or more of the victims is a minor at the time of thecommission of the offense.

xxx xxx xxx

h) Cases against minors cognizable under the Dangerous Act,as amended; [and]

i) Violations of Republic Act No. 7610, otherwise known as the"Special Protection of Children Against Child Abuse, Exploitationand Discrimination Act," as amended by Republic Act No. 7658.

WHEREAS, pending the constitution and organization of the Family Courts

and the designation of branches of the Regional Trial Courts as Family Courtsin accordance with Section 17 (Transitory Provisions) of R.A. No. 8369, thereis need to provide guidelines in the hearing and determination of criminalcases falling within the jurisdiction of Family Courts which have heretoforebeen filed with first level courts.

NOW, THEREFORE, the Court has RESOLVED, as it hereby resolves, thatall criminal cases within the jurisdiction of the Family Courts filed with the firstlevel courts shall be transferred to the Regional Trial Courts which shall takecognizance thereof as follows:

Sec. 1. Inventory of cases. All judges of Metropolitan TrialCourts, Municipal Trial Courts in Cities, Municipal Trial Courtsand Municipal Circuit Trial Courts shall cause (1) the taking ofan inventory within ten (10) days from receipt of a copy of thisissuance of all criminal cases falling within the jurisdiction of theFamily Courts filed with their respective courts; and (2) thepreparation of the appropriate inventory list. The list shallindicate the case number and the status of each case whether for pre-trial, trial or submitted for decision. A copy of thelist shall be submitted to the Court Management Office(Attention: The Chief, Statistical Reports Division) of the Office

of the Court Administrator.


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Sec. 2. Transfer of cases in provinces or cities with only a singlesala Regional Trial Court. Where the Regional Trial Court ofthe province or city has a single sala, judges of the MunicipalTrial Courts in Cities, Municipal Trial Courts and MunicipalCircuit Trial Courts within the administrative area of the said

Regional Trial Court shall forward the listed cases, together withthe corresponding records, to the Regional Trial Court within five(5) days from the completion of the inventory, except the caseswhich have already been submitted for decision as of theeffectivity of this Resolution.

Sec. 3. Transfer of cases in provinces or cities with multiple salaRegional Trial Court. Where the Regional Trial Court of theprovince or city has two (2) or more branches, judges of theMetropolitan Trial Courts, Municipal Trial Court in Cities,Municipal Trial Courts, and Municipal Circuit Trial Courts within

the administrative area of the said Regional Trial Court shallsubmit the listed cases, together with the corresponding records,except the cases which have already been submitted fordecision as of the effectivity of this Resolution, to the ExecutiveJudge of the Regional Trial Court. The said Executive Judgeshall then effect the distribution of the listed cases to the branchor branches of the Regional Trial Court designated to handlejuvenile and domestic relations cases and cases involvingyouthful offenders.

(a) In case only one (1) branch of the RegionalTrial Court has been designated to handle juvenileand domestic relations cases and cases involvingyouthful offenders, the Executive Judge shallcause the transfer of the listed cases to theRegional Trial Court branch so designatedimmediately after receipt of the records.

(b) In cases (2) or more branches of the RegionalCourt have been designated to handle theaforementioned cases, the Executive Judge shall,

within ten (10) days from receipt of the records,conduct the raffle, with notice to the parties, anddistribute the cases, together with the records tothe Regional Trial Court branches involved.

(c) In provinces or cities with multiple-salaRegional Trial Court but no branch or branchesthereof have been designated to handle juvenileand domestic relations cases or cases involvingyouthful offenders, the Executive Judge shallconduct the appropriate raffle and distribute the

said cases, together with the records, to the


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branches of the Regional Trial Court within ten(10) days from receipt of such records.

Sec. 4. Resolution of and decision on cases already submittedfor decision. Cases which have already been submitted for

decision before the effectivity of this Resolution in MetropolitanTrial Courts, Municipal Trial Courts in Cities, Municipal TrialCourts and Municipal Circuit Trial Courts in which they havebeen filed and heard shall be resolved by such courts, as thecase may be.

Sec. 5. Publication and effectivity. This Resolution shall takeeffect on 1 March 1999 and shall be published in two (2)newspapers of general circulation in the Philippines before 15February 1999.

Promulgated this 9th day of February, 1999.

Rule 47:

Annulment of Judgments of Final Orders and Resolutions

Section 1.Coverage. This Rule shall govern the annulment by the Court ofAppeals of judgments or final orders and resolutions in civil actions of

Regional Trial Courts for which the ordinary remedies of new trial, appeal,petition for relief or other appropriate remedies are no longer availablethrough no fault of the petitioner. (n)

Section 2.Grounds for annulment. The annulment may be based only onthe grounds of extrinsic fraud and lack of jurisdiction.

Extrinsic fraud shall not be a valid ground if it was availed of, or could havebeen availed of, in a motion for new trial or petition for relief. (n)

Section 3.Period for filing action. If based on extrinsic fraud, the action

must be filed within four (4) years from its discovery; and if based on lack ofjurisdiction, before it is barred by laches or estoppel. (n)

Section 4.Filing and contents of petition. The action shall be commencedby filing a verified petition alleging therein with particularity the facts and thelaw relied upon for annulment, as well as those supporting the petitioner'sgood and substantial cause of action or defense, as the case may be.

The petition shall be filed in seven (7) clearly legible copies, together withsufficient copies corresponding to the number of respondents. A certified truecopy of the judgment or final order or resolution shall be attached to the

original copy of the petition intended for the court and indicated as such by thepetitioner.


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The petitioner shall also submit together with the petition affidavits ofwitnesses or documents supporting the cause of action or defense and asworn certification that he has not theretofore commenced any other actioninvolving the same issues in the Supreme Court, the Court of Appeals or

different divisions thereof, or any other tribunal or agency if there is such otheraction or proceeding, he must state the status of the same, and if he shouldthereafter learn that a similar action or proceeding has been filed or is pendingbefore the Supreme Court, the Court of Appeals, or different divisions thereof,or any other tribunal or agency, he undertakes to promptly inform theaforesaid courts and other tribunal or agency thereof within five (5) daystherefrom. (n)

Section 5.Action by the court. Should the court find no substantial merit inthe petition, the same may be dismissed outright with specific reasons forsuch dismissal.

Shouldprima faciemerit be found in the petition, the same shall be given duecourse and summons shall be served on the respondent. (n)

Section 6. Procedure. The procedure in ordinary civil cases shall beobserved. Should trial be necessary, the reception of the evidence may bereferred to a member of the court or a judge of a Regional Trial Court. (n)

Section 7.Effect of judgment. A judgment of annulment shall set aside thequestioned judgment or final order or resolution and render the same null andvoid, without prejudice to the original action being refiled in the proper court.However, where the judgment or final order or resolution is set aside on theground of extrinsic fraud, the court may on motion order the trial court to trythe case as if a timely motion for new trial had been granted therein. (n)

Section 8.Suspension prescriptive period. The prescriptive period for therefiling of the aforesaid original action shall be deemed suspended from thefiling of such original action until the finality of the judgment of annulment.However, the prescriptive period shall not be suspended where the extrinsic-fraud is attributable to the plaintiff in the original action. (n)

Section 9.Relief available. The judgment of annulment may include theaward of damages, attorney's fees and other relief.If the questioned judgment or final order or resolution had already beenexecuted the court may issue such orders of restitution or other relief asjustice and equity may warrant under the circumstances. (n)

Section 10.Annulment of judgments or final orders of Municipal Trial Courts. An action to annul a judgment or final order of a Municipal Trial Court shallbe filed in the Regional Trial Court having jurisdiction over the former. It shallbe treated as an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of thisRule shall be applicable thereto. (n)

Metropolitan, Municipal, Municipal Circuit Trial Courts


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Rule 5:

Section 2.Meaning of terms. The term "Municipal Trial Courts" as used inthese Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in

Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts. (1a)

B.P. 129:

Section 28.Other Metropolitan Trial Courts. The Supreme Court shallconstitute Metropolitan Trial Courts in such other metropolitan areas as maybe established by law whose territorial jurisdiction shall be co-extensive withthe cities and municipalities comprising the metropolitan area.

Every Metropolitan Trial Judge shall be appointed to a metropolitan areawhich shall be his permanent station and his appointment shall state branch

of the court and the seat thereof to which he shall be originally assigned. AMetropolitan Trial Judge may be assigned by the Supreme Court to anybranch within said metropolitan area as the interest of justice may require,and such assignment shall not be deemed an assignment to another stationwithin the meaning of this section.

Section 29.Municipal Trial Courts in cities. In every city which does notform part of a metropolitan area, there shall be a Municipal Trial Court withone branch, except as hereunder provided:

Two branches for Laoag City;Four branches for Baguio City;Three branches for Dagupan City;Five branches for Olongapo City;Three branches for Cabanatuan City;Two branches for San Jose City;Three branches for Angeles City;Two branches for Cavite City;Two branches for Batangas City;Two branches for Lucena City;Three branches for Naga City;

Two branches for Iriga City;Three branches for Legaspi City;Two branches for Roxas City;Four branches for Iloilo City;Seven branches for Bacolod City;Two branches for Dumaguete City;Two branches for Tacloban City;Eight branches for Cebu City;Three branches for Mandaue City;Two branches for Tagbilaran City;Two branches for Surigao City;

Two branches for Butuan City;Five branches for Cagayan de Oro City;


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Seven branches for Davao City;Three branches for General Santos City;Two branches for Oroquieta City;Three branches for Ozamis City;Two branches for Dipolog City;

Four branches for Zamboanga City;Two branches for Pagadian City; andTwo branches for Iligan City.

Section 30.Municipal Trial Courts. In each of the municipalities that are notcomprised within a metropolitan area and a municipal circuit there shall be aMunicipal Trial Court which shall have one branch, except as hereunderprovided:

Two branches for San Fernando, La Union;Four branches for Tuguegarao;

Three branches for Lallo, and two branches for Aparri, both of Cagayan;Two branches for Santiago, Isabela;Two branches each for Malolos, Meycauayan and Bulacan, all of BulacanProvince;Four branches for San Fernando and two branches for Guagua, both ofPampanga;Two branches for Tarlac, Tarlac;Two branches for San Pedro, Laguna; andTwo branches each for Antipolo and Binangonan, both in Rizal.

Section 31.Municipal Circuit Trial Court. There shall be a Municipal CircuitTrial Court in each area defined as a municipal circuit, comprising one ormore cities and/or one or more municipalities. The municipalities comprisingmunicipal circuits as organized under Administrative Order No. 33, issued onJune 13, 1978 by the Supreme Court pursuant to Presidential Decree No.537, are hereby constituted as municipal circuits for purposes of theestablishment of the Municipal Circuit Trial Courts, and the appointmentthereto of Municipal Circuit Trial Judges:Provided, however, That theSupreme Court may, as the interests of justice may require, further reorganizethe said courts taking into account workload, geographical location, and suchother factors as will contribute to a rational allocation thereof, pursuant to the

provisions of Presidential Decree No. 537 which shall be applicable insofar asthey are not inconsistent with this Act.

Every Municipal Circuit Trial Judge shall be appointed to a municipal circuitwhich shall be his official station.

The Supreme Court shall determine the city or municipality where theMunicipal Circuit Trial Court shall hold sessions.

A.O. 33:

P.D. 537:


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A.M. No. 08-8-7-SC:

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

R E S O L U T I O N

Pursuant to the action of the Court en banc in its session held on October 27,2009, Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for SmallClaims Cases, including the attached Forms, are AMENDED to read asfollows:

Section 11.Response.- The defendant shall file with the court and serve onthe plaintiff a duly accomplished and verified Response within a non-extendible period of ten (10) days from receipt of summons. The Responseshall be accompanied by certified photocopies of documents, as well asaffidavits of witnesses and other evidence in support thereof. No evidence

shall be allowed during the hearing which was not attached to or submittedtogether with the Response, unless good cause is shown for the admission ofadditional evidence.

THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16OF THE RULES OF COURT, SHOULD BE PLEADED.

Section 12.Effect of Failure to File Response.- Should the defendant fail tofile his Response within the required period, AND LIKEWISE FAIL TOAPPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL

RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BYTHE FACTS.

SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THEREQUIRED PERIOD BUT APPEARS AT THE DATE SET FOR HEARING,THE COURT SHALL ASCERTAIN WHAT DEFENSE HE HAS TO OFFERAND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ONTHE SAME DAY AS IF A RESPONSE HAS BEEN FILED.

Section 14. Prohibited Pleadings and Motions. - The following pleadings,motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) MOTION TO DISMISS THE COMPLAINT;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or forreopening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits, or any other

paper;


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(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against anyinterlocutory order issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

Section 16.Appearance.- The parties shall appear at thedesignated date ofhearing personally.

APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR AVALID CAUSE. THE REPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER, AND MUST BE RELATED TOOR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICALENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANYCAPACITY.

THE REPRESENTATIVE MUST BE authorized under a Special Power of

Attorney ( Form 5-SCC ) to enter into an amicable SETTLEMENT OF THEDISPUTE and to enter into stipulations or admissions of facts and ofdocumentary exhibits.

Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTSTO BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIRDISPUTE.Any settlement ( Form 7-SCC ) or resolution ( Form 8-SCC ) of thedispute shall be reduced into writing, signed by the parties and submitted tothe court for approval ( Form 12-SCC ).

SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND

ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OFSUCH DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENTFAIL,the hearing shall proceed in an informal and expenditious manner andBE terminated within one (1) day. EITHER PARTY MAY MOVE IN WRITING( FORM 10-SCC ) TO HAVE ANOTHER JUDGE HEAR AND DECIDE THECASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.

THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDESHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED AND

GRANTED, AND BY THE EXECUTIVE JUDGE TO THE DESIGNATEDJUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW JUDGE


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SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYSFROM RECEIPT OF THE ORDER OF REASIGNMENT.

The amendments of the Rule shall take effect on November 3, 2009 followingits publication in two (2) newspapers of general circulation.

October 27, 2009

B.P. 129:

Section 33.Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courtsand Municipal Circuit Trial Courts in civil cases. Metropolitan Trial Courts,Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over civil actions and probate proceedings,testate and intestate, including the grant of provisional remedies in proper

cases, where the value of the personal property, estate, or amount of thedemand does not exceed One hundred thousand pesos (P100,000.00) or, inMetro Manila where such personal property, estate, or amount of the demanddoes not exceed Two hundred thousand pesos (P200,000.00) exclusive ofinterest damages of whatever kind, attorney's fees, litigation expenses, andcosts, the amount of which must be specifically alleged: Provided, That wherethere are several claims or causes of action between the same or differentparties, embodied in the same complaint, the amount of the demand shall bethe totality of the claims in all the causes of action, irrespective of whether thecauses of action arose out of the same or different transactions;

(2) Exclusive original jurisdiction over cases of forcible entry and unlawfuldetainer: Provided, That when, in such cases, the defendant raises thequestion of ownership in his pleadings and the question of possession cannotbe resolved without deciding the issue of ownership, the issue of ownershipshall be resolved only to determine the issue of possession.

(3) Exclusive original jurisdiction in all civil actions which involve title to, orpossession of, real property, or any interest therein where the assessed valueof the property or interest therein does not exceed Twenty thousand pesos(P20,000.00) or, in civil actions in Metro Manila, where such assessed value

does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest,damages of whatever kind, attorney's fees, litigation expenses andcosts: Provided, That value of such property shall be determined by theassessed value of the adjacent lots. (as amended by R.A. No. 7691)

Section 34.Delegated jurisdiction in cadastral and land registration cases.Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit TrialCourts may be assigned by the Supreme Court to hear and determinecadastral or land registration cases covering lots where there is nocontroversy or opposition, or contested lots the where the value of which doesnot exceed One hundred thousand pesos (P100,000.00), such value to be

ascertained by the affidavit of the claimant or by agreement of the respectiveclaimants if there are more than one, or from the corresponding tax


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declaration of the real property. Their decisions in these cases shall beappealable in the same manner as decisions of the Regional Trial Courts. (asamended by R.A. No. 7691)

Section 35.Special jurisdiction in certain cases. In the absence of all the

Regional Trial Judges in a province or city, any Metropolitan Trial Judge,Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decidepetitions for a writ of habeas corpusor applications for bail in criminal cases inthe province or city where the absent Regional Trial Judges sit.

Section 36.Summary procedures in special cases. In Metropolitan TrialCourts and Municipal Trial Courts with at least two branches, the SupremeCourt may designate one or more branches thereof to try exclusively forcibleentry and unlawful detainer cases, those involving violations of traffic laws,rules and regulations, violations of the rental law, and such other casesrequiring summary disposition as the Supreme Court may determine. The

Supreme Court shall adopt special rules or procedures applicable to suchcases in order to achieve an expeditious and inexpensive determinationthereof without regard to technical rules. Such simplified procedures mayprovide that affidavits and counter-affidavits may be admitted in lieu of oraltestimony and that the periods for filing pleadings shall be non-extendible.

R.A. 7691 (March 25, 1994):

Section 5.After five (5) years from the effectivity of this Act, the jurisdictionalamounts mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of BatasPambansa Blg. 129 as amended by this Act, shall be adjusted to Twohundred thousand pesos (P200,000.00). Five (5) years thereafter, suchjurisdictional amounts shall be adjusted further to Three hundred thousandpesos (P300,000.00): Provided, however, That in the case of Metro Manila,the abovementioned jurisdictional amounts shall be adjusted after five (5)years from the effectivity of this Act to Four hundred thousand pesos(P400,000.00).

Special Courts

Article XIII:

P.D. 1486:

P.D. 1083:

R.A. 6734:

R.A. 8369:

R.A. 6657:

R.A. 8799:


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