Wednesday, May 17, 2006

Jurisdiction of courts

By law or the Constitution itself, courts are vested with jurisdiction to hear and try specific cases. If a case is filed with the wrong court, it will be dismissed for lack of jurisdiction.

Jurisdiction of Metropolitan/Municipal Trial Courts/Municipal Trial Courts in Cities

1. All civil cases, the grant of provisional remedies in proper cases, and all probate proceedings, where the value of personal property, estate or amount of demand does not exceed Php 200,000. exclusive of interest, damages, litigation and other expenses (in Metro Manila, the amount should be Php 400,000.)

2. All cases of forcible entry and unlawful detainer (ejectment)

3. All civil cases which involve title to or possession of real property or any interest therein where the assessed value does not exceed Php 20,000. (in Metro Manila Php 50,000.) exclusive of interest, damages, litigation and other expenses

4. Civil cases under the rules on summary procedure

5. All offenses punishable by imprisonment not exceeding six years, regardless of the fine or other imposable accessory or other penalties including the civil liability (in offenses involving damage to property through criminal negligence, the MTC has exclusive original jurisdiction)

6. Petitions for issuances of original certificates of titles

Jurisdiction of Regional Trial Courts
A. Exclusive original jurisdiction
1. All civil cases in which the subject of litigation cannot be estimated in monetary terms

2. All civil cases which involve title to or possession of real property, or interest therein, where the assessed value of the property exceeds Php 20,000. (in Metro Manila exceeding Php 50,000.) Exceptions: forcible entry and unlawful detainer of lands and buildings

3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds Php 100,000 (in Metro Manila, over Php 200,000)

4. All probate matters, both testate and intestate where the gross value of the estate exceeds Php 100,000 (in Metro Manila, the value must exceed Php 200,000.)

5. All actions involving the marriage contract and marital relations (annulment, legal separation, support, etc)

6. All cases not within the exclusive jurisdiction of any court, tribunal, person or quasi-judicial body

7. All civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court (JDRC) and the Court of Agrarian Relations

8. All other cases in which the demand or the value of personal property, exclusive of interest, damages, litigation and other costs, exceeds Php 200,000. (in Metro Manila, the value must exceed Php 400,000.)

9. Intra-corporate disputes (formerly under the SEC); intellectual property cases
B. Exclusive appellate jurisdiction over all cases decided by the lower courts (MTCs) in their respective territorial jurisdictions

C. Concurrent jurisdiction
with the Supreme Court and the Court of Appeals over petitions for certiorari, prohibition and mandamus against all lower courts; habeas corpus and quo warranto

Note: Republic Act 8369, approved on October 28, 1997, established the Family Court, with jurisdiction over adoption, guardianship, custody of children, support, acknowledgment, complaints for annulment or nullity of marriage, criminal cases where one or more of the accused is below 18 years of age, domestic violence against women and children, etc.
Jurisdiction of the Court of Appeals

A. Original jurisdiction to issue writs of certiorari, prohibition, mandamus, habeas corpus, quo warranto and auxiliary writs and processes

B. Exclusive jurisdiction over actions for the annulment of judgments rendered by the Regional Trial Courts

C. Concurrent jurisdiction with the Supreme Court over petitions for certiorari, prohibition or mandamus filed against the RTCs, the Civil Service Commission, the Court of Tax Appeals, the Central Board of Assessment Appeals, commissions and other quasi-judicial bodies or agencies.

D. Concurrent jurisdiction with the Supreme Court and RTCs over petitions for certiorari, prohibition or mandamus filed against lower courts and quasi-judicial bodies; petitions for habeas corpus and quo warranto.

E. Appellate jurisdiction over ordinary appeals from RTCs, except in cases exclusively appealable to the Supreme Court; petitions for review from the RTCs in all cases appealed to it from the lower courts; petitions for review from the Civil Service Commission, the Court of Tax Appeals and the other quasi-judicial bodies or agencies (e.g. National Labor Relations Commission)

Note: The Sandiganbayan handles cases of government officials and employees with salary grades 27 and above.

Jurisdiction of the Supreme Court
A. Original exclusive jurisdiction over petitions for certiorari, prohibition or mandamus filed against the Court of Appeals and the Sandiganbayan, the Commission on Elections, Commission on Audit, and the Department of Labor and Employment

B. Concurrent jurisdiction with the Court of Appeals over petitions for certiorari, prohibition and mandamus filed against the Regional Trial Courts, the Civil Service Commission, the Central Board of Assessment Appeals, the Court of Tax Appeals, Securities and Exchange Commission, other quasi-judicial bodies

C. Concurrent jurisdiction with the Court of Appeals and the Regional Trial Courts over petitions for certiorari, prohibition and mandamus filed against the lower courts and certain quasi-judicial bodies; petitions for habeas corpus and quo warranto

D. Concurrent jurisdiction with the RTCs over actions against ambassadors, other public ministers and consuls

E. Appellate jurisdiction over petitions for review on certiorari from the CA, Sandiganbayan and RTCs on questions of law only; criminal cases in which the penalty imposed by the trial court is either death or reclusion perpetua (“life imprisonment”) on questions of fact and law.

4 comments :

Anonymous said...

Hi!I need a legal advice.I own a farm land fully planted with palm oil more or less 50 hectares.I am so exhausted now, one of my brother want to kill my family. When I started developing the farm he was one of my leadman to farm workers. After a year he had some anomalies in the farm specially money matters. When everything in the farm is under control he went so nuts and cruel. He pointed his illegal guns to our brothers and sister leading the farm workers in the farm and even our parents.I ordered him to get out in the farm. He threatened them to kill. He steal my carabao. Then at the midnight of 2006 he burned all the farmhouse and keep sending death threat to my other siblings that work as lead man in the farm. All the incidents were all reported in and blottered in nearest police station. This year 2008 he ambushed our brother in the farm causing him a physical injury. He stop my workers entering in my farm he blocked them as will as my brother that administering my farm. I contacted a lawyer to help me resolve this matter and he told me that the case to be filed againts him is "Ejectment Case" Forcible entry. He is hiring some of his cronies to support his demonic plan and to support his criminal activities. I am now terrified and I want justice. What would be the punishment against him. I already have enough of all his criminal offenses. Can he have a maximum sentence if this case now will be process at MTC? He is now in a rebellious state to kill. I am terrified that if he will not be put to jail he will gonna kill my brother that administered my farm. He wanted to own my farmland. I am so overwhelm of his outrageous criminal behavior. I could not sleep and I don't have enough strength each day. He is now like a lion ready to kill.He's grinding his teeth to kill. Please give me all your legal advices...

Atty. Gerry T. Galacio said...

1. Your lawyer is right in filing a case for ejectment, specifically , forcible entry. Forcible entry is committed by what is known as FIST or force, intimidation, stealth or treachery. What your brother did falls squarely under this category.

Forcible entry falls under the Rule on Summary Procedure and thus it is a battle of documents, position papers. The rule on SP is meant to expedite the resolution of the case.

2. As to the criminal acts of your brother, you should file the necessary complaints with the fiscal's office and not simply blotter them. Ask your witnesses to submit affidavits about what happened or have their statements taken and sowrn to before the appropriate police oficers who will then endorse these to the fiscal's office. In the provinces, it is the municipal judge who conducts the preliminary ecxamination.

In law, we have the maxim by Cicero which goes like this:" In the midst of arms, the law is silent." This means that besides going through the legal process, you should take proactive steps to protect yourself and your family members. This could include hiring security guards, asking the police officers and barangay tanods to conduct patrols or ronda in your place, and taking precautionary steps whenever you travel.

Anonymous said...

Atty., Thx for your reply. If found guilty, Is the forcibly entry of the case of my brother can he be put to jail?If so how many years? My lawyer had told me that the case to be filed against him is the Ejectment" Forcible entry and then all his other criminal action against to my family members will be added to him. I know he is very desperate now of all his fake documents. He knew himself that he's doing against the law. He hired some illiterate people to support him and will listen to his command to let our parents and my other brothers to be terrified of his death threatening. Last saturday afternoon my parents were surprised there's a man came to our house looking for my parents to let them sign a documents he was introducing himself that he was from DENR. We already knew that it was from my brother another strategy. We are still waiting 'til now as my lawyer already prepared the case againts him and he's submitting a letter to the MTC to file the case. We have all the strong evidence and legal documents to support the case. I will ask again. If he find guilty what punishment in the law will be given to him?
Please help me...

Atty. Gerry T. Galacio said...

Ejectment (or specifically, forcible entry) is a CIVIL case and not a criminal case. That eans that if you win in the ejectment case, your brother will not be sent to jail. Rather, he will be removed from the property in question and possession of the property will be given to you.

Your lawyer probably is preparing other criminal cases related to your brother's illegal actions. Your lawyer is in a much better position to explain to you all the facts and legal remedies available to you. It would be against the ethics of the legal profession if I advise you on these things since you have already retained the services of a lawyer.