Вы находитесь на странице: 1из 13

JOHN JIGO G.

DACUA
Practice Court
TF 5:30-6:30

October 18, 2016

1. Define Jurisdiction and enumerate the cases falling under the


jurisdiction of the different Courts. Follow the hierarchy of
Courts.
Jurisdiction is the power of the court to hear, determine a case up
to its finality and execute its judgment.
SUPREME COURT
Petition for Certiorari, Prohibition and
Mandamus [CPM] against:
EXCLUSIVE
Court of Appeals
JURISDICTION Commission of Elections
Commission on Audit
Sandiganbayan
Court of Tax Appeals
Disciplinary proceedings against members
of the Bar and court personnel
With the RTC
Cases affecting ambassadors, other
ministers and consuls
With the CA
Petitions for Certiorari. Prohibition and
Mandamus against:
RTC
CONCURRENT Civil Service Commissions
Central Board of Assessment Appeals
National Labor Relations Commission
Other quasi-judicial agencies

APPELLATE

Petitions for Writ of Kalikasan


With the RTC and CA
Petitions for Habeas Corpus
Petitions for Quo Warranto
Petitions for Certiorari, Prohibition and
Mandamus against inferior courts and other
bodies
With the RTC and Sandiganbayan
Petitions for Writ of Amparo
Petition for Writ of Habeas Data
By way of Petition for Review on Certiorari

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

(APPEAL BY CERTIORAI under RULE 45)


against
Court of Appeals
Sandiganbayan
RTC on pure questions of law
Cases involving the constitutionality or
validity of:
Treaty
International agreement
Executive agreement
Law
Presidential Decree, proclamation, order,
instructions
Ordinance or regulation
Legality of tax, impost or assessment
Toll or penalty
Jurisdiction of a lower court
Court of Tax Appeals
Exclusive
Jurisdiction

Concurrent

Appellate

COURT OF APPEALS
Actions for annulment of judgment of the RTC
With the SC
Petitions for Certiorari. Prohibition
Mandamus against:
RTC
Civil Service Commissions
Central Board of Assessment Appeals
National Labor Relations Commission
Other quasi-judicial agencies

and

Petitions for Writ of Kalikasan


With the RTC and SC
Petitions for Habeas Corpus
Petitions for Quo Warranto
Petitions for Certiorari, Prohibition and
Mandamus against inferior courts and other
bodies
With the RTC, SC and Sandiganbayan
Petitions for Writ of Amparo
Petition for Writ of Habeas Data
By way of Ordinary Appeal from the RTC and

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

Family Courts
By way of Petition for Review from the RTC
rendered in the exercise of its appellate
jurisdiction;
By way of Petition for Review from the
decisions, resolutions, orders or award of:
Civil Service Commissions;
Office of the Ombudsman in Administrative
Disciplinary; and
Other bodies mentioned in Rule 43
Exclusive appellate jurisdiction by way of
ordinary appeal over decisions of the MTCs in
cadastral or land registration cases pursuant to
its delegated jurisdiction
Exclusive
Jurisdiction

REGIONAL TRIAL COURTS


Actions involving personal property which
value:
Admiralty and maritime cases which amount of
demand or claim:
Probate proceedings (testate or intestate)
which gross value of the estate:
Demand for money which amount:
Exceeds P300,000 outside Metro Manila
Exceeds P400,000 in Metro Manila
Exclusive of Interest, Damages, Attorneys
fees, Litigation Expenses and Costs (IDALEC)
Test of determining jurisdiction Totality of all
claims
Actions involving title to or possession of real
property or any interest therein where
assessed value or interest in real property
Exceeds P20, 000 outside Metro Manila
Exceeds P50, 000 in Metro Manila
Actions the subject matter is incapable of
pecuniary estimation
Cases not within the exclusive jurisdiction of
any court, tribunal, person or body exercising
juridical or quasi-judicial functions

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

Special

Concurrent

Appellate

October 18, 2016

Under Sec.5.2 of Securities and Regulation


Code:
Cases involving devices or schemes employed
by or any acts of the board of directors,
business associates, its officers or partnership,
amounting to fraud and misrepresentation
Controversies arising out of Intra corporate or
partnership relations;
Controversies in the elections or appointments
of directors, trustees, officers, or managers of
corporations, partnership or associations
Petitions of corporations, partnerships or
associations to be declared in a state of
suspension of payments
SC may designate certain branches of RTC to
handle exclusively:
criminal,
juvenile and domestic relations,
agrarian,
urban land reform not falling under the
jurisdiction of any quasi judicial bodies and
agencies
And or such other special cases as the SC
may determine in the interest of speedy and
efficient administration of justice
With the SC
Actions
affecting
ambassadors,
public
ministers and consuls
With the SC and CA
petition for Habeas Corpus;
petition for Quo Warranto
Petition for Certiorari, Prohibition or Mandamus
against inferior courts and other bodies
With the SC, CA and Sandiganbayan
Petitions for a Writ of Amparo
Petition for Writ of Habeas Data
With Insurance commissioner
Single claim not exceeding P5,000,000
All cases decided by the MTC in their
respective territorial jurisdictions except
decisions of lower courts in the exercise of
delegated jurisdiction

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

Exclusive
Jurisdiction

October 18, 2016

MUNICIPAL TRIAL COURTS


Actions involving personal property which
value:
Admiralty and maritime cases which amount of
demand or claim:
Probate proceedings (testate or intestate)
which gross value of the estate:
Demand for money which amount:
Does not exceed P300,000 outside Metro
Manila
Does not exceed P400,000 in Metro Manila
Exclusive of Interest, Damages, Attorneys
fees, Litigation Expenses and Costs (IDALEC)
Test of determining jurisdiction Totality of all
claims
Actions involving title to or possession of real
property or any interest therein where
assessed value or interest in real property
Does not exceed P20, 000 outside Metro
Manila
Does not exceed P50, 000 in Metro Manila
Inclusion and exclusion of voters
Cases falling under the 1991 Rules of
Summary Procedure:
Forcible Entry and Unlawful Detainer
Irrespective of amount of damage/unpaid
rentals sought to be recovered
Where attorneys fees are awarded does not
exceed P20, 000
Other civil cases, except probate proceedings
where the totoal amount of plaintiffs claim
does not exceed P100, 000 outside Metro
Manila
does not exceed P100, 000 in Metro Manila
(exclusive of interest and costs)
Cases falling under the Rule of Procedure for
Small Claims

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

Special

Delegated

October 18, 2016

In the absence of all RTC judges in the


province or city:
Petitions for Habeas Corpus
Application for bail in criminal cases
May be assigned by SC to hear Cadastral or
land registration cases where:
There is no controversy or opposition over the
land; or
In case of contested lands, the value does not
exceed P100,000

2.
Explain the different modes of appeal starting from the MTC
to RTC; RTC to Court of Appeals and Court of Appeals to Supreme
Court.
MTC RTC [Notice of Appeal, Rule 40]
RTC [Appellate Jurisdiction] CA [Petition for Review. Rule
42]
CA SC [Petition for Review on Certiorari, Rule 45]
RTC [Original Jurisdiction] CA [Notice of Appeal, Rule 41]
Question of fact and/or Law
CA SC [Pure Question of Law Petition for Review on
Certiorari]
RTC [Original Jurisdiction] SC [Pure Question of Law
Petition for Review on Certiorari Rule 45]
3.
Enumerate the Contents of the Appellant's Brief and the
Appellee's Brief.
Contents
of
Appellants Brief
Subject index
Assignment of errors
Statement of the
Case
Statement of Facts
Statement of Issues
Argument

Contents of Appellees Brief


subject index
Statement of Facts
Argument
Relief

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

Relief
* Brief must conform to form and substance, again failure to
state Assignment of errors shall warrant the dismissal of the
appeal.
4.
Distinguish a Petition for Certiorari from a Petition for Review
on Certiorari.
Rule 45
Petition
for Rule 65
Review
on Petition for Certiorari
Certiorari under
A
mode
of
Not a mode of appeal; Availed only when
appeal
there is no plain, speedy or adequate remedy
Petition is based
on questions of
law
Filed within 15
days from notice
of the final order,
judgment
or
resolution
appealed from
The
court
rendering
the
decision
need
not
be
impleaded

Petition is based on question of jurisdiction

Filed not later than 60 days from the notice of


judgment, final order or resolution sought to
be reviewed

The court rendering the decision must be


impleaded

5.
What are the matters to be considered so that your petition
satisfies the requirement on sufficiency in form and in substance.
A pleading is sufficient in form when it contains the following:
a. A Caption, setting forth the name of the court, the title of the
action indicating the names of the parties, and the docket number
which is usually left in blank, as the Clerk of Court has to assign
yet a docket number;

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

b. The Body, reflecting the designation, the allegations of the


partys claims or defenses, the relief prayed for, and the date of the
pleading;
c. The Signature and Address of the party or counsel;
d. Verification. This is required to secure an assurance that the
allegations have been made in good faith, or are true and correct
and not merely speculative;
e. A Certificate of Non-forum Shopping, which although not
jurisdictional, the same is obligatory;
f. An Explanation in case the pleading is not filed personally to the
Court. Likewise, for pleading subsequent to the complaint, if the
same is not served personally to the parties affected, there must
also be an explanation why service was not done personally.
Likewise, for all other pleadings, not initiatory in nature, there
must be:
A Proof of Service, which consists in the written admission of
the party served, or the official return of the server, or the affidavit
of the party serving, containing a full statement of the date, place
and manner of service. If the service is by ordinary mail, proof
thereof shall consist of an affidavit of the person mailing. If service
is by registered mail, proof shall be made by such affidavit and the
registry receipt issued by the mailing office.
In case a party is represented by counsel de parte, additional
requirements that go into the form of the pleading should be
incorporated, viz.:
a. The Roll of Attorneys Number;
b. The Current Professional Tax Receipt Number; and
c. The IBP Official Receipt No. or IBP Lifetime Membership
Number.
d. MCLE Compliance or Exemption Certificate Number and
Date of Issue (effective January 1, 2009).

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

6.
Enumerate and explain the important points in preparing a
Memorandum.
a. Caption States the parties of the case, the court where the
case is pending, case number and the cause of action.
b. Title The kind of memorandum that is being submitted.
c. Prefatory Statement It is a brief introduction of the case that
will guide the court what is the gist of the case and its
arguments.
d. Statement of the Case States the brief summary of the
proceedings undergone by the case. Dispositive portion/fallo of
the court which rendered decision must be indicated.
e. Timeliness of Filing The material dates must be indicated. It
must state when the decision/resolution received by the counsel
and the time of filing of the memorandum in order to know if
such was timely filed within the reglementary period.
f. Statement of Facts Must state the summary of material facts
that the court must take consideration in order to determine the
factual circumstances of the case in order to arrive a proper
decision.
g. Issues to be Resolved States the issues need to be
resolved by the court.
h. Arguments/discussions Contains reasoning to support
claim and must briefly state. Legal basis must be stated in this
part in order to persuade the court.
i. Prayer/Relief Must state what the pleader ask the court to
give or do.
j. Date- The date when the pleading is filed.
k. Signature signature of the counsel which proves that all
statements stated are true and correct.
l. Verification signed by the party to the case who filed the

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

pleading to ensure that all statements stated are true and


correct based on his personal knowledge or authentic records.
m. Annexes part of the pleading wherein evidence are
presented to support the claim.
7.
Provide at least thirty (30) "triggers" that you can use in
preparing a brief or memorandum.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.

Thus,
Hence
Therefore
Such as
Furthermore
Notwithstanding
Also
Still
Besides
Additionally
Moreover
Likewise
Henceforth
Hereafter
Later
Henceforward
In addition
In the first place
Finally
In conclusion
Lastly
To conclude
To finish
To end
As a final point
To close
To end with
However
Though
Conversely

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

8. Before writing your Legal Opinion, what are the matters that you
have to keep in mind?
a. Background facts that adequately introduce the issues in the
case;
b. A statement of what those issues are;
c. The position you take on those issues;
d. The arguments that may be made against you;
e. The arguments in your issues; and
f. What you want your relief would be based on the
circumstances.
9. In writing Memoranda or Legal Opinion, this requires a test of
what? Enumerate and explain.
Writing Trial Memoranda or Writing Legal Opinions may
require a test of your:
a) Legal knowledge;
b) Understanding to go over the pleadings, documents, exhibits,
transcripts or testimonies of the witnesses;
c) Ability to make a summary of the relevant facts that the
opposing parties claim;
d) Ability to identify the issues; and
e) Skill to narrate, comprehend and apply the law and procedures
in the given set of facts.

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

10. When is a motion for extension of time to file a petition for


certiorari under Rule 65 allowed?
Under Section 4 of Rule 65 of the 1997 Rules of Civil
Procedure, certiorari should be instituted within a period of 60 days
from notice of the judgment, order, or resolution sought to be
assailed. The 60-day period is inextendible to avoid any
unreasonable delay that would violate the constitutional rights of
parties to a speedy disposition of their case.
Time and again, we have stressed that procedural rules do
not exist for the convenience of the litigants; the rules were
established primarily to provide order to, and enhance the
efficiency of, our judicial system. While procedural rules are
liberally construed, the provisions on reglementary periods are
strictly applied, indispensable as they are to the prevention of
needless delays, and are necessary to the orderly and speedy
discharge of judicial business. The timeliness of filing a pleading is
a jurisdictional caveat that even this Court cannot trifle with.
Viewed in this light, procedural rules are not to be belittled or
dismissed simply because their non-observance may have
prejudiced a party's substantive rights; like all rules, they are
required to be followed.
However, there are recognized exceptions to their strict
observance, such as:
1) Most persuasive and weighty reasons;
2) To relieve a litigant from an injustice not commensurate with his
failure to comply with the prescribed procedure;
3) Good faith of the defaulting party by immediately paying within a
reasonable time from the time of the default;
4) The existence of special or compelling circumstances;
5) The merits of the case;
6) A cause not entirely attributable to the fault or negligence of the
party favored by the suspension of the rules;
7) A lack of any showing that the review sought is merely frivolous
and dilatory;
8) The other party will not be unjustly prejudiced thereby;
9) Fraud, accident, mistake or excusable negligence without
appellant's fault;
10) Peculiar legal and equitable circumstances attendant to each
case;

JOHN JIGO G. DACUA


Practice Court
TF 5:30-6:30

October 18, 2016

11) In the name of substantial justice and fair play;


12) Importance of the issues involved; and
13) Exercise of sound discretion by the judge guided by all the
attendant circumstances. Thus, there should be an effort on the
part of the party invoking liberality to advance a reasonable or
meritorious explanation for his/her failure to comply with the rules.
x------------------------x