Вы находитесь на странице: 1из 24

REMEDIAL LAW RELEVANT LAWS SUMMARY

A.M. No. 09-6-8-SC


RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
Section 2. Scope. — These Rules shall govern the procedure in before the involving enforcement or violations of environmental and other related laws, rules and regulations

SCOPE
Civil Regional Trial Courts
Criminal Metropolitan Trial Courts
Special civil actions Municipal Trial Courts in Cities
Municipal Trial Courts
Municipal Circuit Trial Courts
OBJECTIVES
(a) To protect and advance the constitutional right of the people to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for the enforcement of environmental rights and duties recognized under the Constitution, existing laws, rules and regulations, and
international agreements;
(c) To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders and judgments in environmental cases.
CIVIL PROCEDURE CRIMINAL PROCEDURE
Pleadings and motions allowed: Who may file?
 Any offended party,
 Complaint – needs to be VERIFIED  peace officer or
 answer which may include compulsory counterclaim and cross-claim,  any public officer charged with the enforcement of an
 motion for intervention environmental law
 motion for discovery and An information, charging a person with a violation of an environmental law
 Motion for reconsideration of the judgment. and subscribed by the prosecutor, shall be filed with the court.
In criminal cases, where there is no private offended party, a counsel whose
Pleadings allowed in HIGHLY MERITORIOUS CASES OR TO PREVENT A MANIFEST MISCARRIAGE OF JUSTICE: services are offered by any person or organization may be allowed by the
court as SPECIAL PROSECUTOR, with the consent of and subject to the
 Motion for postponement control and supervision of the public prosecutor.
 motion for new trial and Institution of criminal and civil actions. –

petition for relief from judgment Recovery of civil liability arising from the offense charged, shall be deemed
instituted with the criminal action unless the complainant:
Prohibited pleadings
(a) Motion to dismiss the complaint;  waives the civil action,
(b) Motion for a bill of particulars;  reserves the right to institute it separately or
(c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days;  Institutes the civil action prior to the criminal action.
(d) Motion to declare the defendant in default; Unless the civil action has been instituted prior to the criminal action, the
(e) Reply and rejoinder; and reservation of the right to institute separately the civil action shall be made
(f) Third party complaint during ARRAIGNMENT.
In case civil liability is imposed or damages are awarded, the filing and other
Who may file? legal fees shall be imposed on said award in accordance with Rule 141 of the
Rules of Court, and the fees shall constitute a first lien on the judgment
Any real party in interest, including the government and juridical entities authorized by law, may file a civil action award. The damages awarded in cases where there is no private offended
involving the enforcement or violation of any environmental law. party, less the filing fees, shall accrue to the funds of the agency charged
Citizen suit. — Any Filipino citizen in representation of others, including minors or generations yet unborn, may file with the implementation of the environmental law violated. The award shall
an action to enforce rights or obligations under environmental laws. Upon the filing of a citizen suit, the court shall be used for the restoration and rehabilitation of the environment adversely
issue an order which shall contain a brief description of the cause of action and the reliefs prayed for, requiring all affected.
interested parties to manifest their interest to intervene in the case within fifteen (15) days from notice thereof. The ARREST
plaintiff may publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected 1. Valid warrantless arrest
barangays copies of said order. 2. with arrest warrant: All warrants of arrest issued by the court shall be
accompanied by a certified true copy of the information filed with the issuing
R.A. No. 8749 and R.A. No. 9003: any citizen may file a civil, criminal or administrative complaint against any person, court.
public officer, department who violates said laws or grossly neglects the performance of an act specifically enjoined CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT and
as a duty INSTRUMENTS
1. Shall be in accordance with the applicable laws or rules promulgated by
the concerned government agency.
Section 8. Issuance of Temporary Environmental Protection Order (TEPO). – 2.Steps:
If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO)  Inventory and whenever practicable, photograph the same in the
that the MATTER IS OF EXTREME URGENCY and the APPLICANT WILL SUFFER GRAVE INJUSTICE AND presence of the person from whom such items were seized.
IRREPARABLE INJURY, (b) submission to court
the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case (c) Upon motion by any interested party, the court may direct the
may be, auction sale of seized items, equipment, paraphernalia, tools or
may issue ex parte a TEPO EFFECTIVE FOR ONLY SEVENTY-TWO (72) HOURS from date of the receipt of the TEPO instruments of the crime.
by the party or person enjoined. (d) The auction sale shall be with notice to the accused, the person
Within said period, the court where the case is assigned, shall conduct a SUMMARY HEARING to determine whether from whom the items were seized, or the owner thereof and the
the TEPO may be extended until the termination of the case. concerned government agency.
The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of (e) The notice of auction shall be posted in three conspicuous
the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant. places in the city or municipality where the items, equipment,
The applicant shall be exempted from the posting of a bond for the issuance of a TEPO. paraphernalia, tools or instruments of the crime were seized.
Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a TEPO shall be supported (f) The proceeds shall be held in trust and deposited with the
by affidavits of the party or person enjoined which the applicant may oppose, also by affidavits. government depository bank for disposition according to the
The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable judgment.
damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may
suffer and subject to the posting of a sufficient bond by the party or person enjoined. 3. Provisional remedies:
Section 10. Prohibition against temporary restraining order (TRO) and preliminary injunction. - Except the Supreme  Attachment
Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that  EPO
enforce environmental laws or prevent violations thereof.  TEPO
PRE-TRIAL 4. Accused may post bail
1. Duty of branch clerk of court to issue a notice of pre-trial not later than ONE (1) MONTH from the filing of LAST  court where the case is pending, or in the absence or unavailability of
PLEADING the judge thereof, with any regional trial judge, metropolitan trial judge,
2. The court to schedule pre-trial and as many pretrial conferences as may be necessary for 2 months from 1st pretrial municipal trial judge or municipal circuit trial judge in the province,
conference. city or municipality
3. Parties to submit pretrial briefs at least THREE (3) DAYS before pretrial  If the accused is arrested in a province, city or municipality other than
4. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. where the case is pending, bail may also be filed with any Regional Trial
5. Court to refer the parties to PMC for mediation. Court of said place, or if no judge thereof is available, with any
6. Mediation to be conducted within a NON-EXTENDIBLE PERIOD of 30 days from receipt of notice of referral to metropolitan trial judge, municipal trial judge or municipal circuit trial
mediation. judge therein.
7. if mediation fails, continuance of the pretrial. Court may refer case to Branch Clerk for preliminary conference  If the court grants bail, the court may issue a hold-departure order in
8. Preliminary Conference: Branch Clerk to require submission of : appropriate cases.
 Deposition taken under RULE 23 5. Arraignment and Plea
 Answers to written interrogatories under Rule 25  within fifteen (15) days from the time it acquires jurisdiction over the
 Answers to request for admissions by the adverse party under Rule 26 accused, with notice to the public prosecutor and offended party or
The branch clerk of court may also require: concerned government agency
 Production of documents or things requested by a party under Rule 27  prosecution and offended party or concerned government agency agree
 Results of the physical and mental examination of persons under Rule 28. to the plea offered by the accused
9. Pretrial conference: court to put parties under OATH 6. Pretrial
Consent Decree- The judge may issue a consent decree approving the agreement between the parties in accordance (a) To assist the parties in reaching a settlement of the civil aspect of the
with law, morals, public order and public policy to protect the right of the people to a balanced and healthful ecology. case;
10. Evidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed waived. (b) To mark the documents to be presented as exhibits;
11. Failure to settle in Pretrial conference: (c) To attach copies thereof to the records after comparison with the
(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the markings of originals;
exhibits or substituted photocopies and admissions on the genuineness and due execution of documents; (d) To ascertain from the parties the undisputed facts and admissions on the
(b) Determine if there are cases arising out of the same facts pending before other courts and order its consolidation genuineness and due execution of documents marked as exhibits;
if warranted; (e) To consider such other matters as may aid in the prompt disposition of
(c) Determine if the pleadings are in order and if not, order the amendments if necessary; the case;
(d) Determine if interlocutory issues are involved and resolve the same; (f) To record the proceedings during the preliminary conference in the
(e) Consider the adding or dropping of parties; Minutes of Preliminary Conference to be signed by the parties and counsel;
(f) Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto, and the (g) To mark the affidavits of witnesses which shall be in question and answer
contents of documents and all other evidence identified and pre-marked during pre-trial in determining further form and shall constitute the direct examination of the witnesses; and
admissions; (h) To attach the Minutes and marked exhibits to the case record before the
(g) Obtain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted during pre-trial proper. The parties or their counsel must submit to the branch
pre-trial; clerk of court the names, addresses and contact numbers of the affiants.
(h) Define and simplify the factual and legal issues arising from the pleadings and evidence. Uncontroverted issues
and frivolous claims or defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings, evidence and 7. QUESTIONING - All questions or statements must be directed to the
admissions made during pre-trial; court.
(j) Observe the Most Important Witness Rule in limiting the number of witnesses, determining the facts to be proved 8. Agreements or admissions. - All agreements or admissions made or
by each witness and fixing the approximate number of hours per witness; entered during the pre-trial conference shall be reduced in writing and
(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of Court or to a mediator or signed by the accused and counsel; otherwise, they cannot be used against
arbitrator under any of the alternative modes of dispute resolution governed by the Special Rules of Court on the accused.
Alternative Dispute Resolution; 9. Trial
(l) Determine the necessity of engaging the services of a qualified expert as a friend of the court (amicus curiae); and Continuous trial. - Not exceed three (3) months from the date of the
(m) Ask parties to agree on the specific trial dates for continuous trial, comply with the one-day examination of issuance of the pre-trial order.
witness rule, adhere to the case flow chart determined by the court which shall contain the different stages of the Affidavit in lieu of direct examination
proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. Submission of memoranda
Within a non-extendible period of thirty (30) days from the date the case is
12. Effect of failure to appear in pretrial: submitted for decision.
Plaintiff: court shall not dismiss the complaint, except upon repeated and unjustified failure of the plaintiff to appear. The court shall have a period of sixty (60) days to decide the case counted
Dismissal without prejudice, court to proceed with counterclaim from the last day of the 30-day period to file the memoranda.
Defendant: the court shall receive evidence ex parte. 10. Subsidiary liability. - In case of conviction of the accused and subsidiary
13. Within ten (10) days after the termination of the pre-trial, the court shall issue a pre-trial order setting forth the liability is allowed by law, the court may, by motion of the person entitled to
actions taken during the pre-trial conference, the facts stipulated, the admissions made, the evidence marked, the recover under judgment, enforce such subsidiary liability against a person
number of witnesses to be presented and the schedule of trial. Said order shall bind the parties, limit the trial to or corporation subsidiary liable under Article 102 and Article 103 of the
matters not disposed of and control the course of action during the trial. Revised Penal Code.
14. Efforts to settle: in accordance with law AT ANY STAGE of the proceeding BEFORE rendition of JUDGMENT
TRIAL
1. Continuous trial not exceeding TWO 2 MONTHS; court may ask SC to extend date of issuance of Pretrial order.
2. Affidavits in lieu of direct examination subject to cross-examination.
3. One-day examination of witness rule. a witness has to be fully examined in one (1) day, subject to the court’s
discretion of extending the examination for justifiable reason
4. After the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing party shall
immediately interpose his objections. The judge shall forthwith rule on the offer of evidence in open court.
5. Submission of case for decision; filing of memoranda. - After the last party has rested its case, the court shall
issue an order submitting the case for decision.
6. The court shall have a period of one (1) year from the filing of the complaint to try and decide the case. Before the
expiration of the one-year period, the court may petition the Supreme Court for the extension of the period for
justifiable cause.
The court shall prioritize the adjudication of environmental cases.
JUDGMENT AND EXECUTION
1. Reliefs shall include the protection, preservation or rehabilitation of the environment and the payment of attorney’s
fees, costs of suit and other litigation expenses.
2. Court may also require the violator to submit a program of rehabilitation or restoration of the environment, the
costs of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to the
control of the court.
3. Judgment shall be EXCUTORY AND NOT STAYED BY APPEAL.
Except restrained by the appellate court.
4. - In the judgment, the court may convert the TEPO to a permanent EPO or issue a writ of continuing mandamus
WRIT OF CONTINUING MANDAMUS - order directing the performance of acts which shall be effective until the
judgment is fully satisfied.
5. The process of execution shall terminate upon a sufficient showing that the decision or order has been
implemented to the satisfaction of the court
Rule 39, Section 14. Return of writ of execution. — The writ of execution shall be returnable to the court issuing it
immediately after the judgment has been satisfied in part or in full.
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass, STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES
vex, exert undue pressure or stifle any legal recourse that any person, institution or the Section 1. Motion to dismiss. - Upon the filing of an information in court and before arraignment,
government has taken or may take in the enforcement of environmental laws, protection of the the accused may file a motion to dismiss on the ground that the criminal action is a SLAPP.
environment or assertion of environmental rights shall be treated as a SLAPP and shall be Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in
governed by these Rules. nature. The parties must submit all the available evidence in support of their respective
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in the positions. The party seeking the dismissal of the case must prove by substantial evidence that
enforcement of environmental laws, protection of the environment, or assertion of environmental his acts for the enforcement of environmental law is a legitimate action for the protection,
rights, the defendant may file an answer interposing as a defense that the case is a SLAPP and preservation and rehabilitation of the environment. The party filing the action assailed as a
shall be supported by documents, affidavits, papers and other evidence; and, by way of SLAPP shall prove by preponderance of evidence that the action is not a SLAPP.
counterclaim, pray for damages, attorney’s fees and costs of suit. Section 3. Resolution. - The court shall grant the motion if the accused establishes in the
The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not summary hearing that the criminal case has been filed with intent to harass, vex, exert undue
a SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) days pressure or stifle any legal recourse that any person, institution or the government has taken or
from receipt of notice that an answer has been filed. may take in the enforcement of environmental laws, protection of the environment or assertion
The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an of environmental rights.
opposition within fifteen (15) days from filing of the comment or the lapse of the period. If the court denies the motion, the court shall immediately proceed with the arraignment of the
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in accused.
nature. The parties must submit all available evidence in support of their respective positions.
The party seeking the dismissal of the case must prove by substantial evidence that his act for
the enforcement of environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not a SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall be
resolved within thirty (30) days after the summary hearing. If the court dismisses the action, the
court may award damages, attorney’s fees and costs of suit under a counterclaim if such has
been filed. The dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in
accordance with the Rules of Court.
SPECIAL CIVIL ACTION
WRIT OF KALIKASAN WRIT OF CONTINUING MANDAMUS
To whom available or who may apply: When any agency or instrumentality of the government or officer thereof
 a natural or juridical person,  unlawfully neglects the performance of an act which the law specifically enjoins as a duty
 entity authorized by law resulting from an office, trust or station in connection with the enforcement or violation of
 people’s organization an environmental law rule or regulation or a right therein,
 non-governmental organization  or unlawfully excludes another from the use or enjoyment of such right and there is no other
 any public interest group accredited by or registered with any government agency plain, speedy and adequate remedy in the ordinary course of law,
the person aggrieved thereby may:
on behalf of persons whose constitutional right to a balanced and healthful ecology is file a verified petition in the proper court, alleging the facts with certainty, attaching thereto
VIOLATED, or THREATENED WITH VIOLATION supporting evidence, specifying that the petition concerns an environmental law, rule or regulation,
by an unlawful act or omission of a and praying that
public official or employee, or
private individual or entity, JUDGMENT BE RENDERED COMMANDING THE RESPONDENT TO DO AN ACT OR SERIES OF
ACTS UNTIL THE JUDGMENT IS FULLY SATISFIED,
Involving ENVIRONMENTAL DAMAGE OF SUCH MAGNITUDE as to prejudice the life, and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the
health or property of inhabitants in two or more cities or provinces. duties of the respondent, under the law, rules or regulations.
The petition shall also contain a sworn certification of non-forum shopping.

Where to file?
to be filed with SUPREME COURT OR COURT OF APPEALS Where to file:
VERIFIED PETITION: The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where
 The personal circumstances of the petitioner as well as respondent the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court.
 Environmental law, rule or regulation violated No Docket fees
 environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants Court:
 All relevant and material evidence 1. If the petition is sufficient in form and substance, the court shall issue the writ and require the
 Certification of non-forum shopping respondent to comment on the petition within ten (10) days from receipt of a copy thereof
2. may issue such orders to expedite the proceedings
 Other relief: TEPO
3. may also grant a TEPO for the preservation of the rights of the parties pending such proceedings.
4. SUMMARY HEARING: After the comment is filed or the time for the filing thereof has expired, the
No Docket fees
court may hear the case which shall be summary in nature or require the parties to submit
memoranda.
Contempt: A clerk of court who unduly delays or refuses to issue the writ after its allowance
5. Issuance of Writ is warranted.
or a court officer or deputized person who unduly delays or refuses to serve writ.
The court may after hearing punish the respondent who refuses or unduly delays the filing
of a return, or who makes a false return, or any person who disobeys or resists a lawful
process or order of the court for indirect contempt under Rule 71 of the Rules of Court.
Section 9. Prohibited pleadings and motions. - The following pleadings and motions are
prohibited:

(a) Motion to dismiss;


(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.

Discovery Measures:
 Ocular Inspection- establish the magnitude of the violation or the threat
 Production or inspection of documents or things
Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for
decision, the court shall render judgment granting or denying the privilege of the writ of
kalikasan.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment
or denial of motion for reconsideration, any party may appeal to the Supreme Court under
Rule 45 of the Rules of Court. The appeal may raise questions of fact.

Section 17. Institution of separate actions. - The filing of a petition for the issuance of the
writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative
actions.

PRECAUTIONARY PRINCIPLE
When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case
before it.
The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt.
Section 2. Standards for application. - In applying the precautionary principle, the following factors, among others, may be considered:
(1) threats to human life or health;
(2) inequity to present or future generations; or
(3) prejudice to the environment without legal consideration of the environmental rights of those affected.

BP 129: AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
COURT OF APPEALS
BP 129
1. Consists of a Presiding Justice and fifty Associate Justice who shall be appointed by the
President of the Philippines.
Seventeen (17) divisions, each composed of three (3) members.
2.The Court may sit EN BANC only for the purpose of exercising administrative, ceremonial, or
other non-adjudicatory functions
3.Vacancy - associate Justice who is first in precedence shall perform powers of Presiding Justice
until one is appointed.
4. Qualifications. – The Presiding Justice and the Associate Justice shall have the same
qualifications as those provided in Constitution for Justice of the Supreme Court.

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;
Exclusive original jurisdiction
over actions for annulment of judgements of Regional Trial Courts
Exclusive appellate jurisdiction
over all final judgements, resolutions, orders or awards of:
Regional Trial Courts
quasi-judicial agencies,
instrumentalities,
boards or commission,
 Securities and Exchange Commission,
 the Social Security Commission,
 the Employees Compensation Commission
 Civil Service Commission,
 Except those falling within the appellate jurisdiction of the Supreme Court in
accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth
paragraph of 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 factual issues raised in cases falling within its
original and appellate jurisdiction, including the power to grant and conduct NEW TRIALS OR
APPEALS must be continuous and must be completed within three (3) months, unless extended
by the Chief Justice.
Quorum
En banc - A majority of the actual members of the Court shall constitute a quorum
Division - Three members shall constitute a quorum for the session of a division
 The unanimous vote of the three members of a division shall be necessary for the
pronouncement of a decision of final resolution, which shall be reached in consultation
before the writing of the opinion by any members of the division.
 No unanimous vote: Presiding Justice shall request the Raffle Committee of the Court
for the designation of two additional Justice to sit temporarily with them, forming a
special division of five members and the concurrence of a majority of such division shall
be necessary for the pronouncement of a decision or final resolution.
 Additional Justice should be strictly by raffle

Republic Act No. 1125 Republic Act No. 9282


AN ACT CREATING THE COURT OF TAX APPEALS EXPANDING JURISDICTION OF CTA
Presiding Judge and two Associate Judges (3) There is hereby created a Court of Tax Appeals (CTA) which shall be of the same level as the
1. Any two Judges of the Court of Tax Appeals shall constitute a quorum, Court of Appeals
2. Concurrence of two judges shall be necessary to promulgate any decision thereof.
3. Vacancy- Presiding Judge, designate any Judge of First Instance to act in his place 1. shall consist of a Presiding Justice and five (5) Associate Justices
4. Disqualifications – 2. The CTA may sit en banc or in two (2) Divisions, each Division consisting of three (3) Justices.
 No judge or other officer or employee of the Court of Tax Appeals shall intervene, 3."Four (4) Justices shall constitute a quorum for sessions en banc
directly or indirectly, in the management or control of any private enterprise which in 4. two (2) Justices for sessions of a Division:
any way may be affected by the functions of the Court. 5. vacancy, disqualification, inhibition, disability, or any other lawful cause, the Presiding
 Disqualified to practice as counsel before the Court for a period of one year from his Justice shall designate any Justice of other Divisions of the Court to sit temporarily therein.
separation therefrom for any cause. 6. "The affirmative votes of four (4) members of the Court en banc or two (2) members of a
Division, as the case may be, shall be necessary for the rendition of a decision or resolution.
exclusive appellate jurisdiction to review by appeal Exclusive appellate jurisdiction to review by appeal, as herein provided:

(1) Decisions of the Collector of Internal Revenue in cases involving disputed "1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments,
assessments, refunds of internal revenue taxes, fees or other charges, penalties refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other
imposed in relation thereto, or other matters arising under the National Internal matters arising under the National Internal Revenue or other laws administered by the Bureau
Revenue Code or other law or part of law administered by the Bureau of Internal of Internal Revenue;
Revenue;
"2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments,
(2) Decisions of the Commissioner of Customs in cases involving liability for customs refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other
duties, fees or other money charges; seizure, detention or release of property affected matters arising under the National Internal Revenue Code or other laws administered by the
fines, forfeitures or other penalties imposed in relation thereto; or other matters arising Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period
under the Customs Law or other law or part of law administered by the Bureau of of action, in which case the inaction shall be deemed a denial;
Customs; and
"3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally
(3) Decisions of provincial or city Boards of Assessment Appeals in cases involving the decided or resolved by them in the exercise of their original or appellate jurisdiction;
assessment and taxation of real property
"4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees
or other money charges, seizure, detention or release of property affected, fines, forfeitures or
other penalties in relation thereto, or other matters arising under the Customs Law or other laws
administered by the Bureau of Customs;

"5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property originally decided
by the provincial or city board of assessment appeals;

"6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for
review from decisions of the Commissioner of Customs which are adverse to the Government
under Section 2315 of the Tariff and Customs Code;

"7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product,
commodity or article, and the Secretary of Agriculture in the case of agricultural product,
commodity or article, involving dumping and countervailing duties under Section 301 and 302,
respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No.
8800, where either party may appeal the decision to impose or not to impose said duties

Exclusive appellate jurisdiction in criminal offenses:

"a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax
cases originally decided by them, in their respected territorial jurisdiction.

"b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts
in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective
jurisdiction.

"c. Jurisdiction over tax collection cases as herein provided:

"1. Exclusive original jurisdiction in tax collection cases involving final and executory
assessments for taxes, fees, charges and penalties: Provided, however, That collection cases
where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less
than One million pesos (P1,000,000.00) shall be tried by the proper Municipal Trial Court,
Metropolitan Trial Court and Regional Trial Court.

"2. Exclusive appellate jurisdiction in tax collection cases:

"a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax
collection cases originally decided by them, in their respective territorial jurisdiction.

"b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts
in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their
respective jurisdiction.
Who may appeal; effect of appeal. - Any person association or corporation adversely affected "SEC. 11. Who May Appeal; Mode of Appeal; Effect of Appeal. - Any party adversely affected by a
by a decision or ruling of the Collector of Internal Revenue, the Collector of Customs or any decision, ruling or inaction of the:

 Commissioner of Internal Revenue,


provincial or city Board of Assessment Appeals may file an appeal in the Court of Tax Appeals  Commissioner of Customs,
within thirty days after the receipt of such decision or ruling.  the Secretary of Finance,
 the Secretary of Trade and Industry or
 the Secretary of Agriculture or
No appeal taken by the Court of Appeals from the decision of the Collector of Internal Revenue
 the Central Board of Assessment Appeals or
or the Collector of Customs shall suspend the payment, levy, distraint, and or sale of any
 the Regional Trial Courts
property of the taxpayer for the satisfaction of his tax liability as provided by existing law;
Provided, however, That when in the opinion of the Court the collection by the Bureau of Internal
Revenue or the Commissioner of Customs may jeopardize the interest of the Government and/or file an appeal with the CTA within thirty (30) days after the receipt of such decision or ruling or
the taxpayer the Court at any stage of the proceeding may suspend the said collection and after the expiration of the period fixed by law for action as referred to in Section 7(a)(2) herein.
require the taxpayer either to deposit the amount claimed or to file a surety bond for not more
than double the amount with the Court;
"Appeal shall be made by filing a PETITION FOR REVIEW under a procedure analogous to that
provided for under Rule 42 of the 1997 Rules of Civil Procedure with the CTA within thirty (30)
APPEAL TO SUPREME COURT days from the receipt of the decision or ruling or in the case of inaction as herein provided, from
the expiration of the period fixed by law to act thereon. A Division of the CTA shall hear the
appeal: Provided, however, That with respect to decisions or rulings of the Central Board of
Any party adversely affected by any ruling, order or decision of the Court of tax Appeals may
Assessment Appeals and the Regional Trial Court in the exercise of its appellate jurisdiction
appeal therefrom to the Supreme Court by filing with the said Court a notice of appeal and with
appeal shall be made by filing a PETITION FOR REVIEW under a procedure analogous to that
the Supreme Court a petition for review, within thirty days from the date he receives notice of
provided for under rule 43 of the 1997 Rules of Civil Procedure with the CTA, which shall hear
said ruling, order or decision. If, within the aforesaid period, he fails to perfect his appeal, the
the case en banc.
said ruling, order or decision shall become final and conclusive against him

"All other cases involving rulings, orders or decisions filed with the CTA as provided for in Section
Section 19. Review by certiorari. - Any ruling, order or decision of the Court of Tax Appeals
7 shall be raffled to its Divisions. A party adversely affected by a ruling, order or decision of a
may likewise be reviewed by the Supreme Court upon a writ of certiorari in proper cases.
Division of the CTA may file a motion for reconsideration or new trial before the same Division
Proceedings in the Supreme Court upon a writ of certiorari or a petition for review, as the case
of the CTA within fifteens (15) days from notice thereof: Provide, however, That in criminal cases,
may be, shall be in accordance with the provisions of the Rules of Court or such rules as the
the general rule applicable in regular Courts on matters of prosecution and appeal shall likewise
Supreme Court may prescribe
apply.

"No appeal taken to the CTA from the decision of the Commissioner of Internal Revenue or the
Commissioner of Customs or the Regional Trial Court, provincial, city or municipal treasurer or
the Secretary of Finance, the Secretary of Trade and Industry and Secretary of Agriculture, as
the case may be shall suspend the payment, levy, distraint, and/or sale of any property of the
taxpayer for the satisfaction of his tax liability as provided by existing law: Provided, however,
That when in the opinion of the Court the collection by the aforementioned government agencies
may jeopardize the interest of the Government and/or the taxpayer the Court any stage of the
proceeding may suspend the said collection and require the taxpayer either to deposit the
amount claimed or to file a surety bond for not more than double the amount with the Court.

"In criminal and collection cases covered respectively by Section 7(b) and (c) of this Act, the
Government may directly file the said cases with the CTA covering amounts within its exclusive
and original jurisdiction."
. "SEC. 18. Appeal to the Court of Tax Appeals En Banc. - No civil proceeding involving matter
arising under the National Internal Revenue Code, the Tariff and Customs Code or the Local
Government Code shall be maintained, except as herein provided, until and unless an appeal
has been previously filed with the CTA and disposed of in accordance with the provisions of this
Act.

"A party adversely affected by a resolution of a Division of the CTA on a motion for reconsideration
or new trial, may file a PETITION FOR REVIEW WITH THE CTA EN BANC."

"SEC. 19. Review by Certiorari. - A party adversely affected by a decision or ruling of the CTA en
banc may file with the Supreme Court a verified petition for review on certiorari pursuant to Rule
45 of the 1997 Rules of Civil Procedure."
SANDIGANBAYAN
PD 1486 REPUBLIC ACT No. 7975 STRENGTHENING SANDIGANBAYAN REPUBLIC ACT NO. 10660 STRENGTHENING FURTHER
A special court, of the same level as the Court of Appeals Division of the Court; Quorum. - The Sandiganbayan shall sit in five "Two (2) members shall constitute a quorum for sessions in
composed of a Presiding Justice and eight Associate (5) divisions of three justices each. The five (5) may sit at the same divisions: Provided, That when the required quorum for the
Justices time. particular division cannot be had due to the legal
disqualification or temporary incapacity of a member or a
"Three Justices shall constitute a quorum for sessions in divisions vacancy therein, the Presiding Justice may designate a member
QUALIFICATIONS-
of another division to be determined by strict rotation on the
No quorum - Presiding Justice may designate an Associate Justice of basis of the reverse order of precedence
 he is a natural-born citizen of the Philippines, the Court, to be determined by strict rotation on the basis of the
 at least 40 years of age and reverse order of precedence
All three (3) members of a division shall deliberate on all
 for at least ten years has been a judge of a court of
matters submitted for judgment, decision, final order, or
record or been engaged in the practice of law in the Vacancy- President shall, upon the recommendation of the Presiding
resolution.
Philippines or has held office requiring admission to Justice, designate any Justice or Justices of the Court of Appeals to
the bar as a pre-requisite for a like period. sit temporarily therein."
"The concurrence of a majority of the members of a division
shall be necessary to render a judgment, decision, or final
MODE OF REMOVAL - IMPEACHMENT
order, or to resolve interlocutory or incidental motions."
The Sandiganbayan shall sit in three divisions of three
Justices each

Three Justices shall constitute a quorum for session in


division; Provided, that when the required quorum cannot
be had due to the legal disqualification or temporary
disability of a Justice or of a vacancy occurring therein,
the President shall, upon recommendation of the
Presiding Justice, designate any Justice of the Court of
Appeals or Judge of the Court of First Instance or of the
Circuit Criminal Court of the judicial district concerned to
sit temporarily therein.

The unanimous vote of the three justices in a division shall


be necessary for the pronouncement of a judgment. In the
event that the three justices do not reach a unanimous
vote, the Presiding Judge shall designate two other
justices from among the members of the Court to sit
temporarily with them, forming a division of five justices,
and the concurrence of a majority of such division shall
be necessary for rendering judgment.

The Sandiganbayan shall have the power to promulgate


its own rules of procedure and, pending such
promulgation, the Rules of Court shall govern its
proceedings.

No criminal information or complaint shall be entertained


by the Sandiganbayan except upon a certification by the
Investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation
conducted in accordance with applicable laws and
approved by the Chief Special Prosecutor.
Jurisdiction. The Sandiganbayan shall have jurisdiction over: Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all – The Sandiganbayan shall exercise exclusive original jurisdiction
cases involving: in all cases involving:
(a) Violations of Republic Act No. 3019, as amended,
otherwise, known as the Anti-Graft and Corrupt "a. Violations of Republic Act No. 3019, as amended, otherwise known as "a. Violations of Republic Act No. 3019, as amended, otherwise
Practices Act, and Republic Act No. 1379; the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and known as the Anti-Graft and Corrupt Practices Act, Republic Act
Chapter II, Section 2, Title VII of the Revised Penal Code, where one or No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised
more of the principal accused are officials occupying the following Penal Code, where one or more of the accused are officials
(b) Crimes committed by public officers and positions in the government, whether in permanent, acting or interim occupying the following positions in the government, whether in a
employees including those employed in government- capacity, at the time of the commission of the offense: permanent, acting or interim capacity, at the time of the
owned or controlled corporations, embraced in Title commission of the offense:
VII of the Revised Penal Code, whether simple or
complexed with other crimes; and "(1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as grade 27 and higher, of the "(1) Officials of the executive branch occupying the positions of
Compensation and Position Classification Act of 1989 (Republic Act No. regional director and higher, otherwise classified as Grade ’27’ and
(c) Other crimes or offenses committed by public
officers or employees, including those employed in 6758), specifically including: higher, of the Compensation and Position Classification Act of 1989
government-owned or controlled corporations, in "(a) Provincial governors, vice-governors, members of the sangguniang (Republic Act No. 6758), specifically including:
relation to their office. panlalawigan, and provincial treasurers, assessors, engineers, and other "(a) Provincial governors, vice-governors, members of the
provincial department heads; sangguniang panlalawigan, and provincial treasurers, assessors,
The jurisdiction herein conferred shall be original and "(b) City mayors, vice-mayors, members of the sangguniang panlungsod, engineers, and other provincial department heads:
exclusive if the offense charged is punishable by a penalty city treasurers, assessors, engineers, and other city department heads; "(b) City mayors, vice-mayors, members of the sangguniang
higher than prision correccional, or its equivalent, except as "(c) Officials of the diplomatic service occupying the position of consul and panlungsod, city treasurers, assessors, engineers, and other city
herein provided; in other offenses, it shall be concurrent with higher; department heads;
the regular courts. "(c) Officials of the diplomatic service occupying the position of
"(d) Philippine army and air force colonels, naval captains, and all officers
of higher rank; consul and higher;
In case private individuals are charged as co-principals, "(e) PNP chief superintendent and PNP officers of higher rank; "(d) Philippine army and air force colonels, naval captains, and all
accomplices or accessories with the public officers or "(f) City and provincial prosecutors and their assistants, and officials and officers of higher rank;
employees including those employed in government-owned or "(e) Officers of the Philippine National Police while occupying the
prosecutors in the Office of the Ombudsman and special prosecutor;
controlled corporations, they shall be tried jointly with said
"(g) Presidents, directors or trustees, or managers of government-owned position of provincial director and those holding the rank of senior
public officers and employees.
or controlled corporations, state universities or educational institutions superintendent and higher;
or foundations; "(f) City and provincial prosecutors and their assistants, and
"(2) Members of Congress and officials thereof classified as Grade "27" and officials and prosecutors in the Office of the Ombudsman and
up under the Compensation and Position Classification Act of 1989; special prosecutor;
action for the recovery of civil liability arising from the offense "(3) Members of the judiciary without prejudice to the provisions of the "(g) Presidents, directors or trustees, or managers of government-
charged shall at all times be simultaneously instituted with, Constitution; owned or controlled corporations, state universities or educational
and jointly determined in the same proceeding by, the institutions or foundations.
"(4) Chairmen and members of Constitutional Commissions, without
Sandiganbayan xxx , in cases within the exclusive jurisdiction
prejudice to the provisions of the Constitution; and "(2) Members of Congress and officials thereof classified as Grade
of the Sandiganbayan, where the civil action had therefore
been filed separately with a regular court but judgment "(5) All other national and local officials classified as Grade "27" and ’27’ and higher under the Compensation and Position Classification
therein has not yet been rendered and the criminal case is higher under the Compensation and Position Classification Act of 1989; Act of 1989;
hereafter filed with the Sandiganbayan, said civil action shall "b. Other offenses or felonies committed by the public officials and "(3) Members of the judiciary without prejudice to the provisions of
be transferred to the Sandiganbayan for consolidation and employees mentioned in subsection (a) of this section in relation to their the Constitution;
joint determination with the criminal action, otherwise, the office. "(4) Chairmen and members of the Constitutional Commissions,
criminal action may no longer be filed with the without prejudice to the provisions of the Constitution; and
"c. Civil and criminal cases filed pursuant to and in connection with
Sandiganbayan, its exclusive jurisdiction over the same
Executive Order Nos. 1, 2, 14 and 14-A. civil suits to recover unlawfully "(5) All other national and local officials classified as Grade ’27’ and
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, acquired property under Republic Act No. 1379 or for restitution, higher under the Compensation and Position Classification Act of
that, in cases within the concurrent jurisdiction of the reparation of damages, or indemnification for consequential and other 1989.
Sandiganbayan and the regular courts, where either the damages or any other civil actions under the Civil Code or other existing "b. Other offenses or felonies whether simple or complexed with
criminal or civil action is first filed with the regular courts, the laws filed with the Sandiganbayan against Ferdinand E. Marcos, Imelda other crimes committed by the public officials and employees
corresponding civil or criminal action, as the case may be, mentioned in subsection a. of this section in relation to their office.
R. Marcos, members of their immediate family, close relatives,
shall only be filed with the regular courts of competent
subordinates, close and/or business associates, dummies, agents and "c. Civil and criminal cases filed pursuant to and in connection with
jurisdiction.
nominees, may proceed independently of any criminal proceedings and Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
may be proved by a preponderance of evidence."
"In cases where none of the principal accused are occupying positions "Provided, That the Regional Trial Court shall have exclusive
corresponding to salary grade "27" or higher, as prescribed in the said original jurisdiction where the information:
Republic Act No. 6758, or PNP officers occupying the rank of
superintendent or higher, or their equivalent, exclusive jurisdiction
thereof shall be vested in the proper Regional Trial Court, Metropolitan (a) does not allege any damage to the government or any bribery; or
Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, as (b) alleges damage to the government or bribery arising from the
the case may be, pursuant to their respective jurisdictions as provided in same or closely related transactions or acts in an amount not
Batas Pambansa Blg. 129. exceeding One million pesos (P1,000,000.00).

"The SANDIGANBAYAN SHALL EXERCISE EXCLUSIVE APPELLATE "Subject to the rules promulgated by the Supreme Court, the cases
JURISDICTION ON APPEALS from the final judgments, resolutions or falling under the jurisdiction of the Regional Trial Court under this
orders of regular courts where all the accused are occupying positions section shall be tried in a judicial region other than where the
lower than salary grade "27", or not otherwise covered by the preceding official holds office.
enumeration.
"In cases where none of the accused are occupying positions
"The Sandiganbayan shall have exclusive original jurisdiction over corresponding to Salary Grade ’27’ or higher, as prescribed in the
petitions for the issuance of the writs of mandamus, prohibition, said Republic Act No. 6758, or military and PNP officers mentioned
certiorari, habeas corpus, injunction, and other ancillary writs and above, exclusive original jurisdiction thereof shall be vested in the
processes in aid of its appellate jurisdiction: Provided, That the proper regional trial court, metropolitan trial court, municipal trial
jurisdiction over these petitions shall not be exclusive of the Supreme court, and municipal circuit trial court, as the case may be,
Court. pursuant to their respective jurisdictions as provided in Batas
Pambansa Blg. 129, as amended.

"The procedure prescribed in Batas Pambansa Blg. 129, as well as the


implementing rules that the Supreme Court has promulgated and may "The Sandiganbayan shall exercise exclusive appellate jurisdiction
hereafter promulgate, relative to appeals/petitions for review to the Court over final judgments, resolutions or orders of regional trial courts
of Appeals shall apply to appeals and petitions for review filed with the whether in the exercise of their own original jurisdiction or of their
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the appellate jurisdiction as herein provided.
Sandiganbayan to the Supreme Court, the office of the Ombudsman,
through its special prosecutor, shall represent the people of the "The Sandiganbayan shall have exclusive original jurisdiction over
Philippines except in cases filed pursuant to Executive Orders Nos. 1, 2, petitions for the issuance of the
14 and 14-A (1986 marcos ill gotten wealth)

 writs of mandamus,
"In case private individuals are charged as co-principals, accomplices or  prohibition,
accessories with the public officers or employees, including those  certiorari,
employed in government-owned or controlled corporations, they shall be  habeas corpus,
tried jointly with said public officers and employees in the proper courts  injunctions, and
which shall exercise exclusive jurisdiction over them.  other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo
"Any provision of law or Rules of Court to the contrary notwithstanding, warranto,
the criminal action and the corresponding civil action for the recovery of
civil liability arising from the offense charged shall at all times be arising or that may arise in cases filed or which may be filed under
simultaneously instituted with, and jointly determined in, the same Executive Order Nos. 1, 2, 14 and 14-A, issued in
proceeding by the Sandiganbayan or the appropriate courts, the filing of 1986: Provided, That the jurisdiction over these petitions shall not
the criminal action being deemed to necessarily carry with it the filing of be exclusive of the Supreme Court.
the civil action, and no right to reserve the filing of such civil action
separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately "The procedure prescribed in Batas Pambansa Blg. 129, as well as
but judgment therein has not yet been rendered, and the criminal case is the implementing rules that the Supreme Court has promulgated
hereafter filed with the Sandiganbayan or the appropriate court, said civil and may hereafter promulgate, relative to appeals/petitions for
action shall be transferred to the Sandiganbayan or the appropriate court review to the Court of Appeals, shall apply to appeals and petitions
as the case may be, for consolidation and joint determination with the for review filed with the Sandiganbayan. In all cases elevated to the
criminal action, otherwise the separate civil action shall be deemed Sandiganbayan and from the Sandiganbayan to the Supreme
abandoned." Court, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines, except in
cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.

"In case private individuals are charged as co-principals,


accomplices or accessories with the public officers or employees,
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and
employees in the proper courts which shall exercise exclusive
jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary


notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to necessarily carry with
it the filing of the civil action, and no right to reserve the filing of
such civil action separately from the criminal action shall be
recognized: Provided, however, That where the civil action had
heretofore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court, as the
case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed
abandoned."
A petition for reconsideration of any final order or decision 'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions
maybe filed within (15) days from promulgation or notice and final orders determining the merits of a case or finally disposing of
of the final order or judgment, and such petition for the action or proceedings of the Sandijanbayan shall contain complete
reconsideration shall be decided within thirty (30) days findings of the facts and the law on which they are based, on all issues
from submission thereon. properly raised before it and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed
Decisions and final orders shall be subject to review on within fifteen (15) days from promulgation or notice of the final order on
certiorari by the Supreme Court in accordance with Rule judgment, and such motion for reconsideration shall be decided within
45 of the Rules of Court. The Supreme Court shall decide thirty (30) days from submission thereon.
any case on appeal promptly and without the necessity of
placing it upon the regular calendar. Whenever, in any "Decisions and final orders ofthe Sandiganbyan shall be appealable to the
case decided, the death penalty shall have been imposed, Supreme Court by petition for review on certiorari raising pure questions
the records shall be forwarded to the Supreme Court, of law in accordance with Rule 45 of the Rules of Court. Whenever, in any
case decided by the Sandiganbayan, the penalty of reclusion perpetua,
whether the accused shall have appealed or not, for review
life imprisonment or death is imposed, the decision shall be appealable to
and judgment, as law and justice shall dictate.
the Supreme Court in the manner prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.

"Decisions and final orders of other courts in cases cognizable by said


courts under this decree as well as those rendered by them in the exercise
of their appellate jurisdiction shall be appealable to, or be reviewable by,
the Sandiganbayan in the manner provided by Rule 122 of the Rules of
the Court.

"In case, however, the imposed penalty by the Sandiganbayan or the


regional trial court in the proper exercise of their respective jurisdictions,
is death, review by the Supreme Court shall be automatic, whether or not
accused files an appeal.
OMBUDSMAN Republic Act No. 6770 Powers, Functions and Duties. — The Office of the Ombudsman shall have the following
Qualifications. — The Ombudsman and his Deputies, including the Special Prosecutor, powers, functions and duties:
shall be natural-born citizens of the Philippines, at least forty (40) years old, of recognized (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of
probity and independence, members of the Philippine Bar, and must not have been any public officer or employee, office or agency, when such act or omission appears to be illegal,
candidates for any elective national or local office in the immediately preceding election unjust, improper or inefficient.t has primary jurisdiction over cases cognizable by the
whether regular or special. The Ombudsman must have, for ten (10) years or more, been a Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage,
judge or engaged in the practice of law in the Philippines. from any investigatory agency of Government, the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or
The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the of any subdivision, agency or instrumentality thereof, as well as any government-owned or
Chairman and members, respectively, of a Constitutional Commission. Their salaries shall controlled corporations with original charter, to perform and expedite any act or duty required by
not be decreased during their term of office. law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public officer or employee at
The Ombudsman and his Deputies, including the Special Prosecutor, shall serve for a term fault or who neglect to perform an act or discharge a duty required by law, and recommend his
of seven (7) years without reappointment. removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith;
Removal; Filling of Vacancy. — or enforce its disciplinary authority as provided in Section 21 of this Act: provided, that the refusal
(1) In accordance with the provisions of Article XI of the Constitution, the by any officer without just cause to comply with an order of the Ombudsman to remove, suspend,
Ombudsman may be removed from office on impeachment for, and conviction of, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to
culpable violation of the Constitution, treason, bribery, graft and corruption, other perform an act or discharge a duty required by law shall be a ground for disciplinary action against
high crimes, or betrayal of public trust. said officer;
(2) A Deputy or the Special Prosecutor, may be removed from office by the President
for any of the grounds provided for the removal of the Ombudsman, and after due (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may
provide in its rules of procedure, to furnish it with copies of documents relating to contracts or
process.
transactions entered into by his office involving the disbursement or use of public funds or
(3) In case of vacancy in the Office of the Ombudsman due to death, resignation,
properties, and report any irregularity to the Commission on Audit for appropriate action;
removal or permanent disability of the incumbent Ombudsman, the Overall
Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new (5) Request any government agency for assistance and information necessary in the discharge of
Ombudsman shall have been appointed for a full term.n case the Overall Deputy its responsibilities, and to examine, if necessary, pertinent records and documents;
cannot assume the role of Acting Ombudsman, the President may designate any
of the Deputies, or the Special Prosecutor, as Acting Ombudsman. (6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2),
(4) In case of temporary absence or disability of the Ombudsman, the Overall (3) and (4) hereof, when circumstances so warrant and with due prudence: provided, that the
Deputy shall perform the duties of the Ombudsman until the Ombudsman returns Ombudsman under its rules and regulations may determine what cases may not be made public:
or is able to perform his duties. provided, further, that any publicity issued by the Ombudsman shall be balanced, fair and true;

Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall act (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
promptly on complaints filed in any form or manner against officers or employees of the Government, and make recommendations for their elimination and the observance of high
Government, or of any subdivision, agency or instrumentality thereof, including standards of ethics and efficiency;
government-owned or controlled corporations, and enforce their administrative, civil and
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
criminal liability in every case where the evidence warrants in order to promote efficient
investigation or inquiry, including the power to examine and have access to bank accounts and
service by the Government to the people.
records;
Restrictions. — No writ of injunction shall be issued by any court to delay an investigation (9) Punish for contempt in accordance with the Rules of Court and under the same procedure and
being conducted by the Ombudsman under this Act, unless there is a prima facie evidence with the same penalties provided therein;
that the subject matter of the investigation is outside the jurisdiction of the Office of the
Ombudsman. (10) Delegate to the Deputies, or its investigators or representatives such authority or duty as
No court shall hear any appeal or application for remedy against the decision or findings of shall ensure the effective exercise or performance of the powers, functions, and duties herein or
the Ombudsman, except the Supreme Court, on pure question of law. hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking government officials
and/or those occupying supervisory positions, complaints involving grave offenses as well as
complaints involving large sums of money and/or properties.
Section 19. Administrative Complaints. — The Ombudsman shall act on all complaints (3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the
relating, but not limited to acts or omissions which: premises of any office, agency, commission or tribunal; (b) examine and have access to any
(1) Are contrary to law or regulation; book, record, file, document or paper; and (c) hold private hearings with both the
(2) Are unreasonable, unfair, oppressive or discriminatory; complaining individual and the official concerned.
(3) Are inconsistent with the general course of an agency's functions, though in Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any
accordance with law; officer or employee under his authority pending an investigation, if in his judgment the
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts; evidence of guilt is strong, and (a) the charge against such officer or employee involves
(5) Are in the exercise of discretionary powers but for an improper purpose; or dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the
(6) Are otherwise irregular, immoral or devoid of justification. charges would warrant removal from the service; or (c) the respondent's continued stay in
office may prejudice the case filed against him.
Exceptions. — The Office of the Ombudsman may not conduct the necessary investigation (1) All provisionary orders of the Office of the Ombudsman are immediately effective and
of any administrative act or omission complained of if it believes that: executory.
(1) The complainant has an adequate remedy in another judicial or quasi-judicial
body;
A motion for reconsideration of any order, directive or decision of the Office of the
(2) The complaint pertains to a matter outside the jurisdiction of the Office of the
Ombudsman must be filed within five (5) days after receipt of written notice and shall be
Ombudsman;
entertained only on any of the following grounds:
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject matter of the
grievance; or (1) New evidence has been discovered which materially affects the order, directive
(5) The complaint was filed after one (1) year from the occurrence of the act or or decision;
omission complained of. (2) Errors of law or irregularities have been committed prejudicial to the interest of
the movant. The motion for reconsideration shall be resolved within three (3) days
Official Subject to Disciplinary Authority; Exceptions. — The Office of the Ombudsman from filing: provided, that only one motion for reconsideration shall be entertained.
shall have disciplinary authority over all elective and appointive officials of the Government Findings of fact by the Officer of the Ombudsman when supported by substantial evidence
and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, are conclusive. Any order, directive or decision imposing the penalty of public censure or
local government, government-owned or controlled corporations and their subsidiaries, reprimand, suspension of not more than one (1) month's salary shall be final and
except over officials who may be removed only by impeachment or over Members of unappealable.
Congress, and the Judiciary.
Investigatory Power. — The Office of the Ombudsman shall have the power to investigate
In all administrative disciplinary cases, orders, directives, or decisions of the Office of the
any serious misconduct in office allegedly committed by officials removable by Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted. ten (10) days from receipt of the written notice of the order, directive or decision or denial of
Formal Investigation. — the motion for reconsideration in accordance with Rule 45 of the Rules of Court.
Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is unfair
(1) Administrative investigations conducted by the Office of the Ombudsman shall be in or unjust, he shall recommend to the President and to Congress the necessary changes
accordance with its rules of procedure and consistent with due process. therein or the repeal thereof.
Franking Privilege. — All official mail matters and telegrams of the Ombudsman
addressed for delivery within the Philippines shall be received, transmitted, and delivered
(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper
free of charge: provided, that such mail matters when addressed to private persons or
disciplinary authority for the institution of appropriate administrative proceedings against
nongovernment offices shall not exceed one hundred and twenty (120) grams. All mail
erring public officers or employees, which shall be determined within the period prescribed
matters and telegrams sent through government telegraph facilities containing complaints
in the civil service law. Any delay without just cause in acting on any referral made by the
to the Office of the Ombudsman shall be transmitted free of charge, provided that the
Office of the Ombudsman shall be a ground for administrative action against the officers or
telegram shall contain not more than one hundred fifty (150) words.
employees to whom such referrals are addressed and shall constitute a graft offense
punishable by a fine of not exceeding Five thousand pesos (P5,000.00).
REGIONAL TRIAL COURT
BP 129 Republic Act No. 7691 EXPANDING JURISDICTIN
Qualifications. – No persons shall be appointed Regional Trial Judge unless he is a natural-born
citizen of the Philippines, at least thirty-five years of age, and for at least ten years, has been
engaged in the practice of law in the Philippines or has held a public office in the Philippines
requiring admission to the practice of law as an indispensable requisite.
JURISDICTION
CIVIL CASES
EXCLUSIVE ORIGINAL JURISDICTION EXCLUSIVE ORIGINAL JURISDICTION.

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, "(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000.00) or for "(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein,
civil actions in Metro Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for
actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except
which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over
Courts; which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds One Trial Courts;
hundred thousand pesos (P100,000.00) or , in Metro Manila, where such demand or claim exceeds Two "(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One
hundred thousand pesos (200,000.00); hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two
(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P200,000.00);
hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value "(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds
exceeds Two hundred thousand pesos (200,000.00); One hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross
(5) In all actions involving the contract of marriage and marital relations; value exceeds Two Hundred thousand pesos (P200,000.00);
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising "(5) In all actions involving the contract of marriage and marital relations;
jurisdiction or any court, tribunal, person or body exercising judicial or quasi-judicial functions; "(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;
Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by "(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a
law; and Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law;
(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's and
fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred "(8) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's
thousand pesos (100,000.00) or, in such other abovementioned items exceeds Two hundred thousand fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred
pesos (200,000.00) thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of
the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."
Original jurisdiction in other cases.

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus
and injunction which may be enforced in any part of their respective regions; and
(2) In actions affecting ambassadors and other public ministers and consuls.
Appellate jurisdiction. – Regional Trial Courts shall exercise appellate jurisdiction over all cases
decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire
record of the proceedings had in the court of origin and such memoranda and/or briefs as may
be submitted by the parties or required by the Regional Trial Courts.

The decision of the Regional Trial Courts in such cases shall be appealable by PETITION FOR
REVIEW to the Court of Appeals which may give it due course only when the petition
shows prima facie that the lower court has committed an error of fact or law that will warrant a
reversal or modification of the decision or judgment sought to be reviewed.
Special jurisdiction to try special cases. – The Supreme Court may designate certain branches
of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations
cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-
judicial bodies and agencies, and/or such other special cases as the Supreme Court may
determine in the interest of a speedy and efficient administration of justice.
MCTC – in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS
BP 129 Republic Act No. 7691 EXPANDING JURISDICTION OF MTC
Qualifications. – No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court unless he is a
natural-born citizen of the Philippines, at least 30 years of age, and, for at least five years, has been engaged in the practice of law in the Philippines, or has
held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.
JURISDICTION
CRIMINAL CASES

– Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:

(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless
of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature,
value, or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence they shall have exclusive original
jurisdiction thereof.

CIVIL CASES

Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts "(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and
in civil cases. – Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial intestate, including the grant of provisional remedies in proper cases, where the value of the
Courts shall exercise: personal property, estate, or amount of the demand does not exceed One hundred thousand
pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the
(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest,
intestate, including the grant of provisional remedies in proper cases, where the value of the damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which
personal property, estate, or amount of the demand does not exceed One hundred thousand must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees,
pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the litigation expenses, and costs shall be included in the determination of the filing fees: Provided,
demand does not exceed Two hundred thousand pesos (P200,000.00) exclusive of interest further, That where there are several claims or causes of actions between the same or different
damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which parties, embodied in the same complaint, the amount of the demand shall be the totality of the
must be specifically alleged: Provided, That where there are several claims or causes of action claims in all the causes of action, irrespective of whether the causes of action arose out of the
between the same or different parties, embodied in the same complaint, the amount of the same or different transactions;
demand shall be the totality of the claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions; "(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided,
That when, in such cases, the defendant raises the questions of ownership in his pleadings and
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, the question of possession cannot be resolved without deciding the issue of ownership, the issue
That when, in such cases, the defendant raises the question of ownership in his pleadings and of ownership shall be resolved only to determine the issue of possession; and
the question of possession cannot be resolved without deciding the issue of ownership, the issue
of ownership shall be resolved only to determine the issue of possession. "(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real
property, or any interest therein where the assessed value of the property or interest therein does
(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such
property, or any interest therein where the assessed value of the property or interest therein does assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages
not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land
assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages
of whatever kind, attorney's fees, litigation expenses and costs: Provided, That value of such not declared for taxation purposes, the value of such property shall be determined by the
property shall be determined by the assessed value of the adjacent lots. assessed value of the adjacent lots."

Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in Criminal Cases. – Except in cases falling within the exclusive original jurisdiction of
Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed
within their respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding
six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses
involving damage to property through criminal negligence, they shall have exclusive original
jurisdiction thereof."
Delegated jurisdiction in cadastral and land registration cases. – Metropolitan Trial Courts, "Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. – Metropolitan Trial
Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the
Court to hear and determine cadastral or land registration cases covering lots where there is no Supreme Court to hear and determine cadastral or land registration cases covering lots where
controversy or opposition, or contested lots the where the value of which does not exceed One there is no controversy or opposition, or contested lots where the value of which does not exceed
hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the
claimant or by agreement of the respective claimants if there are more than one, or from the claimant or by agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in these cases shall be corresponding tax declaration of the real property. Their decisions in these cases shall be
appealable in the same manner as decisions of the Regional Trial Courts. appealable in the same manner as decisions of the Regional Trial Courts."
Special jurisdiction in certain cases. – In the absence of all the Regional Trial Judges in a province . After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec.
or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall be
hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
the province or city where the absent Regional Trial Judges sit. jurisdictional amounts shall be adjusted further to Three hundred thousand pesos
(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).
Summary procedures in special cases. – In Metropolitan Trial Courts and Municipal Trial Courts with at least two branches, the Supreme Court may designate one
or more branches thereof to try exclusively forcible entry and unlawful detainer cases, those involving violations of traffic laws, rules and regulations, violations of
the rental law, and such other cases requiring summary disposition as the Supreme Court may determine.
Shari'a Courts
BP 129 Shari'a Courts to be constituted as provided for in Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal Laws of the Philippines
PD 1083
Qualifications. No person shall be appointed Shari'a District judge unless, in addition to the qualifications for judges of Courts of First Instance fixed in the Judiciary Law, he is learned in Islamic
law and jurisprudence.
Original jurisdiction.
(1) The Shari'a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code;
(c) Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction.
(2) Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which
shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.

Appellate jurisdiction.
(1) Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the
parties may submit.

CIRCUIT COURT Qualifications. No person shall be appointed judge of the Shari'a Circuit Court unless he is a natural-born citizen of the Philippines, at least twenty-five years of age,
and has passed an examination in the Shari'a and Islamic jurisprudence (fiqh) to be given by the Supreme Court for admission to special membership in the Philippine
Bar to practice in the Shari'a Courts.
Jurisdiction. The Shari'a Circuit Courts shall have exclusive original jurisdiction over;
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 involving disputes relating to:
(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties.
SPECIFIC OFFENSES
Article 181. Illegal solemnization of marriage. Any person who shall, without authority, solemnize any marriage purportedly under this Code, or shall do so in a manner contrary to the provisions
thereof, shall be punished by imprisonment of not less than two months but not more than two years, or a fine of not less than two hundred pesos but not more than two thousand pesos, or both,
in the discretion of the court.

Article 182. Marriage before expiration of 'idda. Any widow or divorced woman who, having been married under Muslim law or under this code, contracts another marriage before the expiration
of the prescribed 'idda shall suffer the penalty of a fine not exceeding five hundred pesos.

Article 183. Offenses relative to subsequent marriage, divorce, and revocation of divorce. A person who falls to comply with the requirements of Articles 85, 161, and 162 of this Code shall be
penalized by arresto mayor or a fine of not less than two hundred pesos but not more than two thousand pesos, or both, in the discretion of the court.

Article 184. Failure to report for registration. Except as provided in the article immediately preceding, a person who knowingly fails to perform his duty under this Code to report for registration
any fact concerning the civil status of persons shall be punished by a fine of not less than one hundred pesos but not more than one thousand pesos.

Article 185. Neglect of duty by registrars. Any district registrar or circuit registrar who fails to perform properly his duties in accordance with this Code shall be penalized in accordance with
Section 18 of Act 3753.
Republic Act No. 7438

Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.–

(a) Any person arrested detained or under custodial investigation shall at all times be shall be in writing and signed by such person in the presence of his counsel or in the
ASSISTED BY COUNSEL. latter's absence,
b) Any public officer or employee, or anyone acting under his order or his place, who upon a valid waiver, and
arrests, detains or investigates any person for the commission of an offense shall inform in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal
the latter, mayor, the municipal judge, district school supervisor, or priest or minister of the gospel
 in a language known to and understood by him, as chosen by him;
 of his rights to remain silent and otherwise, SUCH EXTRAJUDICIAL CONFESSION SHALL BE INADMISSIBLE AS
 to have competent and independent counsel, preferably of his own choice, who shall EVIDENCE IN ANY PROCEEDING.
at all times be allowed to confer privately with the person arrested, detained or under (e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
custodial investigation. Revised Penal Code, or under custodial investigation,
If such person cannot afford the services of his own counsel, he must be provided with a shall be in writing and signed by such person in the presence of his counsel; OTHERWISE
competent and independent counsel by the investigating officer. THE WAIVER SHALL BE NULL AND VOID AND OF NO EFFECT.
(c) The custodial investigation report shall be reduced to writing by the investigating (f) Any person arrested or detained or under custodial investigation shall be
officer, allowed visits
provided that before such report is signed, or thumbmarked if the person arrested or  by or conferences with any member of his immediate family, or
detained does not know how to read and write,  any medical doctor or priest or religious minister chosen by him or by any member
it shall be read and adequately explained to him by his counsel or by the assisting counsel of his immediate family or
provided by the investigating officer  by his counsel, or
in the language or dialect known to such arrested or detained person, otherwise, SUCH  by any national non-governmental organization duly accredited by the Commission
INVESTIGATION REPORT SHALL BE NULL AND VOID AND OF NO EFFECT on Human Rights of by any international non-governmental organization duly
WHATSOEVER. accredited by the Office of the President. T
(d) Any extrajudicial confession made by a person arrested, detained or under custodial  he person's "immediate family" shall include his or her spouse, fiancé or fiancée,
investigation parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew
or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice
to the liability of the "inviting" officer for any violation of law

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.

Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own choice, shall suffer a

 FINE OF SIX THOUSAND PESOS (P6,000.00) or a

 PENALTY OF IMPRISONMENT OF NOT LESS THAN EIGHT (8) YEARS BUT NOT MORE THAN TEN (10) YEARS, or both.

 The penalty of PERPETUAL ABSOLUTE DISQUALIFICATION shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the PENALTY OF IMPRISONMENT OF NOT LESS THAN FOUR (4) YEARS NOR MORE THAN SIX (6) YEARS, AND A FINE OF FOUR
THOUSAND PESOS (P4,000.00).
Republic Act No. 6981 WITNESS PROTECTION PROGRAM

Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial
or quasi-judicial body, or before any investigating authority, may be admitted into the Program:
Provided, That:
a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws;
b) his testimony can be substantially corroborated in its material points;
c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed,
forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively, because or on account of his testimony; and
d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail
themselves of the protection provided for under this Act.

If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its implementing rules and regulations have been complied with, it
shall admit said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime, and thereafter issue the proper
certification. For purposes of this Act, any such person admitted to the Program shall be known as the Witness

Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he shall first execute a memorandum of agreement which shall
set forth his responsibilities including:
a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in
the offense charged;
b) to avoid the commission of the crime;
c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act;
d) to comply with legal obligations and civil judgments against him;
e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act; and
f) to regularly inform the appropriate program official of his current activities and address.

Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act:
Provided, however, That before terminating such protection, the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act, stating
therein the reason for such termination.

Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or
documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of
the right to hold a public office or employment for a period of five (5) years.

State Witness. - Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the
Department, shall be admitted into the Program whenever the following circumstances are present:

(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws;

(b) there is absolute necessity for his testimony;

(c) there is no other direct evidence available for the proper prosecution of the offense committed:

(d) his testimony can be substantially corroborated on its material points;

(e) he does not appear to be most guilty; and

(f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may
upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State
Witness under Rule 119 of the Revised Rules of Court.

Sworn Statement. - Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the
offense was committed and his participation therein. If after said examination of said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this
Act and its implementing rules are complied with, it may admit such person into the Program and issue the corresponding certification.

If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes.

Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the Department shall be given full faith and credit by the provincial
or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for his discharge in order that he can utilized as
a State Witness. The Court shall order the discharge and exclusion of the said accused from the information.

Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and
benefits provided under Section 8 hereof.

Section 13. Failure or Refusal of the Witness to Testify. –

Any Witness registered in the Program State Witness

who fails or refuses to testify or to continue to testify without just cause when fails or refuses to testify, or testifies falsely or evasively, or violates any
lawfully obliged to do so = be prosecuted for CONTEMPT condition accompanying such immunity without just cause, as determined in a
hearing by the proper court
he testifies falsely or evasively= prosecution for PERJURY
 HIS IMMUNITY SHALL BE REMOVED
 and he shall be subject to CONTEMPT or CRIMINAL PROSECUTION.
 the enjoyment of all rights and benefits under this Act shall be
deemed terminated.

The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings.

Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot

 refuse to testify or
 give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of
the constitutional right against self-incrimination
 but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or
books, documents, records and writings produced.

REMEDY OF THE INVESTING PROSECUTOR IN CASE OF REFUSAL BY WITNESS IF believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses
charged or under investigation:

SHALL FILE A PETITION WITH THE APPROPRIATE COURT FOR THE ISSUANCE OF AN ORDER REQUIRING SAID WITNESS TO TESTIFY, GIVE EVIDENCE OR PRODUCE THE BOOKS,
DOCUMENTS, RECORDS, AND WRITINGS DESCRIBED, AND THE COURT SHALL ISSUE THE PROPER ORDER.

The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the
Witness is willing to give such testimony or produce such documentary evidence.
Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to
this Act. The penalty next higher in degree shall be imposed in case of conviction for perjury. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt
proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment.

Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to
diminish or affect his credibility.

Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a Witness from:

(a) attending or testifying before any judicial or quasi-judicial body or investigating authority;

(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial
proceedings;

(c) seeking the arrest of another person in connection with the offense;

(d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or

(e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand pesos (P3,000.00) or suffer imprisonment of not less
than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer.