JURISDICTION (SPECIAL PROCEEDINGS) BP BLNG 129, JUDICIARY REORGANIZATION ACT OF 1980, as amended by REPUBLIC ACT 7691

Sec. 19. Jurisdiction in civil cases.- Regional Trial Court shall exercise exclusive original jurisdiction: (4) In all matters of probate, both testate and intestate, where the gross value exceeds P300,000 or, in probate matters in Metro Manila, where such gross value exceeds P400,000.; (7( In all civil actions and special proceedings falling within the exclusive jurisdiction of a Juvenile and Domestic Relations Court as now provided by law. Sec. 33. Jurisdiction of MTC, MTC and MCTC in Civil Cases.(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 the demand does not exceedP300,000, exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and costs, the amounts of which must be specifically alleged: Provided, that interest, damages of whatever kind shall be included in the determination of the filing fees *Probate proceedings, testate or intestate, where the gross value of the estate does not exceed 300,000/400,000. FAMILY COURTS ACT OF 1997 (RA 8369) Enacted Oct. 28, 1997 FC in every province and city; if city is the provincial capital, in municipality with highest population. In areas where there is no FC, cases within its EOJ, adjudicated by RTC. Exclusive original jurisdiction: a. Petitions for guardianship, custody of children, habeas corpus in relation to the latter; b. Petitions for adoption of children and the revocation thereof; c. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; d. Petitions for support and/or acknowledgement; e. Summary judicial proceedings brought under the provisions of Executive Order No. 209 (FCP); f. Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination or restoration of parental authority under PD 603, EO 56, and other related laws; g. Petitions for the constitution of the family home; h. Cases of domestic violence against women and children, as defined therein, but which do not constitute criminal offenses subject to criminal proceedings and penalties. Notes: a. General Jurisdiction- The power to adjudicate all controversies except those expressly withheld from the plenary powers of the court. b. Special or limited- restricts the courts jurisdiction only to particular cases and subject to such limitation as may be provided by the governing law. c. AM No. 02-11-10-SC RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES and RULE ON LEGAL SEPARATION d. The JDRC had the ranks of the CFI but were courts of special jurisdiction. Under BP Blg 129, they have been integrated into the RTC as branches thereof. Whenever an RTC takes cognizance of JDR cases, the special rules of procedure applicable under present laws for such cases shall continue to be applied, unless subsequently amended by law or ROC (Sec 24).

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e. Concurrent original jurisdiction between trial courts of different ranks has been eliminated by BP Blg 129. No more concurrent jurisdiction between inferior courts and RTC in adoption or guardianship proceedings. However, as among courts of the same rank, it appears that a phase of concurrent original jurisdiction still obtains in some instances, i.e., civil and criminal cases for libel or the settlement of the estate of a nonresident with properties in different judicial regions (these are matters of venue, except in criminal cases for libel). f. In cases within its jurisdiction, inferior courts can appoint a guardian ad litem for an incapacitated party in proper cases and where said incompetent is not represented by his parents or judicial guardian. g. Special Jurisdiction in certain cases (Sec 35, BP Blg 129)- the power of inferior courts to hear and decide petitions for a writ of habeas corpus or applications for bail in the absence of all the RTC Judges in the province or city. (Interlocutory jurisdiction of inferior courts under the Judiciary Act). h. Where the property was the only one wherein the decedent had any proprietary rights, is conjugal in nature, it is the total value of such conjugal property, and not only the value of the share of the decedent therein, which should furnish the jurisdictional test. The settlement proceedings will necessarily entail the dissolution and settlement of the conjugal partnership and the property thereof. (Fernandez et al v. Maravilla, 1964). i. In special proceedings cases, multiple appeals are permitted in habeas corpus cases. j. In SP, publication of judicial orders and notices is often required for jurisdictional purposes. k. Art. 41 of the Family Code (Declaration of presumptive death). Summary proceeding therein is NOT a special proceeding under the ROC, hence, the filing of only a notice of appeal from the trial courts order suffices to perfect the appeal therefrom. l. Also see Lacsamana et al v. IAC, GR No. 73146-53, 1986.

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