JURISDICTION RA No.
7902 - AN ACT EXPANDING THE
Art. 8, Sec. 1, Consti
Sec. 1. The judicial power shall be vested in one SC
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
Sec. 5.2, Ch.II of RA 8799
5.2. The Commission’s jurisdiction over all cases
enumerated under Sec. 5 of PD 902-A is hereby
transferred to the Courts of general jurisdiction or the
appropriate RTC: Provided, That the SC in the
exercise of its authority may designate the RTC
branches that shall exercise jurisdiction over the cases.
The Commission shall retain jurisdiction over pending
cases involving intra-corporate disputes submitted for
final resolution which should be resolved within one
(1) year from the enactment of this Code. The
Commission shall retain jurisdiction over pending
suspension of payment/rehabilitation cases filed as of
30 June 2000 until finally disposed.
JURISDICTION OF THE CA, AMENDING FOR
THE PURPOSE SEC. NINE OF BP 129, AS
AMENDED, KNOWN AS THE JUDICIARY
REORGANIZATION ACT OF 1980
Sec. 1. Sec. 9 of BP 129, as amended, known as the
Judiciary Reorganization Act of 1980, is hereby
further amended to read as follows:
"Sec. 9. Jurisdiction. — The CA shall exercise:
"(1) Original jurisdiction to issue writs of
mandamus, prohibition, certiorari, habeas corpus,
and quo warranto, and auxiliary writs or processes,
whether or not in aid of its appellate jurisdiction;
"(2) Exclusive original jurisdiction over actions for
annulment of judgment of RTCs; and
"(3) Exclusive appellate jurisdiction over all final
judgments, decisions, resolutions, orders or awards
of RTCs and quasi-judicial agencies,
instrumentalities, boards or commissions, including
the SEC, the Social Security Commission, the
Employees Compensation Commission and the
Civil Service Commission, except those falling
within the appellate jurisdiction of the SC in
accordance with the Constitution, the Labor Code
of the Philippines under PD 442, as amended, the
provisions of this Act, and of subparagraph (1) of
the third paragraph and subparagraph (4) of the
fourth paragraph of Sec. 17 of the Judiciary Act of
1948.
"The CA 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
further proceedings. Trials or hearings in the CA must
be continuous and must be completed within (3)
months, unless extended by the Chief Justice."
Sec. 2. All provisions of laws and rules inconsistent
with the provisions of this Act are hereby repealed or
amended accordingly.
Sec. 3. This Act shall take effect after (15) days
following its publication in a newspaper of general
circulation.
Approved: February 23, 1995
BP Blg. 129 - AN ACT REORGANIZING THE
JUDICIARY, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
Sec. 1. Title. – This Act shall be known as "The
Judiciary Reorganization Act of 1980."
Sec. 2. Scope. – The reorganization herein provided
shall include the CA, the Court of First Instance, the
Circuit Criminal Courts, the Juvenile and Domestic
Relations Courts, the Courts of Agrarian Relations, the
City Courts, the Municipal Courts, and the Municipal
Circuit Courts.
CHAPTER I - Court of Appeals
Sec. 3. Organization. – There is hereby created a CA
which consists of a Presiding Justice and fifty
Associate Justice who shall be appointed by the
President of the Philippines. The Presiding Justice
shall be so designated in his appointment, and the
Associate Justice shall have precedence according to
the dates of their respective appointments, or when the
appointments of two or more of them shall bear the
same date, according to the order in which their
appointments were issued by the President. Any
member who is reappointed to the Court after
rendering service in any other position in the
government shall retain the precedence to which he
was entitled under his original appointment, and his
service in the Court shall, for all intents and purposes,
be considered as continuous and uninterrupted. (as
amended by EO No. 33,, July 28, 1986.)
Sec. 4. Exercise of powers and functions. – The Court
Appeals shall exercise its powers, functions, and
duties, through (17) divisions, each composed of (3)
members. The Court may sit en banc only for the
purpose of exercising administrative, ceremonial, or
other non-adjudicatory functions. (as amended by EO
No. 33,.)
Sec. 5. Succession to Office of Presiding Justice. – In
case of a vacancy in the absence of inability to
perform the powers, functions, and duties of his
office, the associate Justice who is first in precedence
shall perform his powers, functions, and duties until
such disability is removed, or another Presiding
Justice is appointed and has qualified.
Sec. 6. Who presides over session of a division. – If
the Presiding Justice is present in any session of a
division of the Court, he shall preside. In his absence,
the Associate Justice attending such session who has
precedence shall preside.
Sec. 7. Qualifications. – The Presiding Justice and the
Associate Justice shall have the same qualifications as
those provided in Constitution for Justice of the SC.
Sec. 8. Grouping of Divisions. – (Expressly repealed
by Sec. 4, EO No. 33, July 28, 1986.)
Sec. 9. Jurisdiction. – The CA shall Exercise:
1. Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether
or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for
annulment of judgements of RTCs; and
3. Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of RTCs
and quasi-judicial agencies, instrumentalities,
boards or commission, including the SEC, the
Social Security Commission, the Employees
Compensation Commission and the Civil Service
Commission, Except those falling within the
appellate jurisdiction of the SC in accordance with
the Constitution, the Labor Code of the Philippines
under PD 442, as amended, the provisions of this
Act, and of subparagraph (1) of the third paragraph
and subparagraph 4 of the fourth paragraph of Sec.
17 of the Judiciary Act of 1948.
The CA 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 (3) months, unless extended by the Chief
Justice. (as amended by R.A. No. 7902.)
Sec. 10. Place of holding sessions. –CA shall have its
permanent station in the City of Manila. Whenever
demanded by public interest, the SC, upon its own
initiative or upon recommendation of the Presiding
Justice, may authorize a division of the Court to hold
sessions outside Manila, periodically, or for such
periods and at such places as the SC may determine,
for the purpose of hearing and deciding cases.
Sec. 11. Quorum – A majority of the actual members
of the Court shall constitute a quorum for its session
en banc. 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.
In the event that the three members do not reach a
unanimous vote, the 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. The designation of such additional Justice
shall be made strictly by raffle.
A month for reconsideration of its decision or final
resolution shall be resolved by the Court within (90)
days from the time it is submitted for resolution, and
no second motion for reconsideration from the same
party shall be entertainment. (as amended by EO No. 33,
July 28, 1986.)
Sec. 12. Internal Rules. – The court en banc is
authorized to promulgate rules or orders governing the
constitution of the divisions and the assignment of
Appellate Justices thereto, the distribution of cases,
and other matters pertaining to the operations of the
Court of its divisions. Copies of such rules and orders
shall be furnished by the SC, which rules and orders
shall be effective (15) days after receipt thereof,
unless directed otherwise by the SC.
CHAPTER II - RTCS
Sec. 13. Creation of RTCs. – There are hereby created
13 RTCs, one for each of the ff. judicial regions:
The First Judicial Region, consisting of the provinces of
Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union,
Mountain Province, and Pangasinan, and cities of
Baguio, Dagupan, Laog and San Carlos;
The Second Judicial Region, consisting of the provinces
of Batanes, Cagayan, Ifugao, Kalinga-Apayao, Nueva
Viscaya, and Quirino;
The Third Judicial Region, consisting of the provinces of
Bataan, Bulacan (except the municipality of valenzuela),
Nueva Ecija, Pampanga, Tarlac, and Zambales, and the
cities of Angeles, Cabanatuan, Olongapo, Palayan and
San Jose;
The National Capital Judicial Region, consisting of the
cities of Manila, Quezon, Pasay, Caloocan and
Mandaluyong, and the municipalities of Navotas,
Malabon, San Juan, Makati, Pasig, Pateros, Taguig,
Marikina, Parañaque, Las Piñas, Muntinlupa, and
Valenzuela;
The Fourth Judicial Region, consisting of the provinces
of Batangas, Cavite, Laguna, Marinduque, Mindoro
Occidental, Mindoro Oriental, Palawan, Quezon, Rizal
(except the cities and municipalities embraced within the
National Capital Judicial Region0, Romblon, and
Aurora, and the cities of Batangas, Cavite, Lipa, Lucena,
Puerto Princessa, San Pablo, Tagaytay, and Trece
Martires;
The Fifth Judicial Region, consisting of the provinces of
Albay, Camarines Sur, Camarines Norte, Catanduanes,
Masbate, and Sorsogon, and the cities of Legaspi, Naga
and Iriga;
The Sixth Judicial Region, consisting of the provinces of
Aklan, Antique, Capiz, Iloilo, La Calota, Roxas, San
Carlos, and Silay, and the subprovince of Guimaras;
The Seventh Judicial Region, consisting of the provinces
of Bohol, Cebu, Negros Oriental, and Siquijor, and the
cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-
lapu, Mandaue, Tagbilaran, and Toledo,
The Eighth Judicial Region, consisting of the provinces
or Eastern Samar, Leyte, Northern, Samar, Southern
Leyte, Ormoc, and Tacloban:
The Ninth Judicial Region, consisting of the provinces
of Basilan, Sulu, Tawi-Tawi, Zamboanga del Sur, and the
cities of Dapitan, Dipolog, Pagadian, and Zamboanga;
The Tenth Judicial Region, consisting of the provinces of
Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin,
Misamis Occidental, Misamis Oriental, and Surigao del
Norte, and the cities of Butuan, Cagayan de Oro,
Gingoog, Ozamis, Oroquieta, Surigao, and Tangub;
The Eleventh Judicial Region, consistingnof the
provinces of Davao del Norte, Davao Oriental, Davao
del Sur, South Cotabato, and Surigao del Sur, and the
cities of Davao, and General Santos; and
The Twelfth Judicial Region, consisting of the provinces
of Lanao del Norte, Lanao del Sur, Maguindanao, North
Cotabato, and Sultan Kudarat, and the cities of Cotabato,
Iligan, and Marawi.
In case of transfer or redistribution of the provinces,
subprovinces, cities or municipalities comprising the
regions established by law of purposes of the
administrative field organization of the various
departments and agencies of the government, the
composition of the judicial regions herein constituted
shall be deemed modified accordingly.
Sec. 14. RTCs.
(a) Fifty-seven Regional Trial Judges shall be
commissioned for the First Judicial Region.
There shall be.
Two branches (Branches III ans II) for
the province of Abra, with seats at
Bangued;
Eight branches (Branches III to X) for
the province of Benguet and the city of
Baguio, Branches III to VII with seats at
Baguio City, and Branches VIII to X at
La Trinidad;
Nine branches (Branches XI to XIX) for
the province of Ilocos Norte and the city
of Laoag, Branches XI to XVI with
seats at Laoag City, Branches XVII and
XVIII at Batac, and Branch XIX at
Bangui;
Six branches (Braches XX to XXV) for
the province of Ilocos Sur, Branches XX
and XXI with seats at Vigan, Branch
XXII at Narvacan, Branch XXIII at
Candon, Branch XXIV at Cabugao, and
Branch XXV at Tagudin;
Nine branches (Branches XXVI to
XXXIV) for the province of La Union,
Branches XXVI to XXX with seats at
San Fernando, Branches XXXI and
XXXII at Agoo, Branch XXXIII at
Bauang, and Branch XXXIV at
Balaoan;
Two branches (Branches XXXV and
XXXVI) for the province of Mountain
province, with seats at Bontoc; and
Twenty-one branches (Branches
XXXVII to LVII) for the province of
Pangasinan and the citie sof dagupan
and san Carlos, Branches XXXVII to
XXXIX with seats at Lingayen,
Branches XL to XLIV at dagupan,
Branches XLV to XLIX at Urdaneta,
Branch L at Villasis, Branches LI and
LII at Tayug, Branch LIII at Rosalaes,
Branches LIV and LV at Alaminos, and
Branch LVI and LVII at san Carlos.
(b) Thirty-two Regional Trial Judges shall be
commissioned for the Second Judicial region.
There shall be:
Twelve branches (Branches I to XII) for
the province of Cagayan, Branches I to
V with seats at Tuguegarao, Branches
VI to X at Aparri, Branch XI at Tuao,
and Branch XII at Sanchez Mira;
One branch (Branch XIII) for the
province of Batanes, with seat at Basco;
Two branches (Branches XIV and XV)
for the province of Ifugao, Branch XIV
with seat at Lagawe, and Branch XV at
Potia;
Nine branches (Branches XVI to XXIV)
for the province of Isabela, Branches
XVI to XVIII with seats at Ilagan,
Branches XIX and XX at cauayan,
Branch XXI at Santiago, Branch XXII at
Cabagan, Branch XXIII at Roxas, and
Branch XXIV at Echague;
Two branches (Branches XXV and
XXVI) for the province of kalinga-
Apayao, Branch XXV with seat at
Tabuk, and Branch XXVI at Luna;
Four branches (Branches XXVII to
XXX) for the province of Nueva
Vizcaya, Branches XXVII to XXIX with
seats at Bayombong, and Branch XXX
at Bambang;
Two branches (Branches XXXI and
XXXII) for the province of Quirino,
with seats at Cabarroguis.
(c) Seventy-five Regional Trial judges shall be
commissioned for the Third Judicial Region.
There shall be:
Five branches (Branches I to V) for the
province of Bataan, Branches I to III
with seats at Balanga, Branch IV at
 Mariveles, and Branch V at
Dinalupihan;
Seventeen branches (Branches VI to
XXII) for the province of Bulacan
(except the municipality of
Valuenzuela), with seats at Malolos;
Eighteen branches (Branches XXIII to
XL) for the province of Nueva Ecija and
the cities of Cabanatuan, San Jose and
Palayan, Branches XXIII to XXX with
seats at Cabanatuan City, Branches
XXXI to XXXIII at Guimba, Branches
XXXIV to XXXVI at Gapan, Branch
XXXVII at Sto. Domingo, Branches
XXXVIII and XXXIX at San Jose, and
Branch XL at Palayan.
Twenty-two branches (Branches XLI to
LXII) for the province of Pampanga and
the city of Angeles, Branches XLI to
XLVIII with seats at San Fernando,
Branches XLIX to LIII at Guagua,
Branches LIV and LV at Macabebe, and
Branches LVI to LXII at Angeles City;
Six branches (Branches LXIII to
LXVIII) for the province of Tarlac,
Branches LXVI at Capas, Branch
LXVII at Paniqui, and Branch LXVIII at
Camiling; and
Seven branches (Branches LXIX to
LXXV) for the province of Zambales
and the city of Olongapo, Branches
LXIX to LXXI with seats at Iba and
Branches LXXII to LXXV at Olongapo
City
(d) One hundred seventy-two (172) Regional
Trial Judges shall be commissioned for the
National Capital Judicial Region. There shall be:
Fifty-five branches (Branches 1 to 55)
for the City of Manila, wit seats thereat;
Thirty-two branches (Branches 76 to
107) for Quezon City, with seats thereat;
Twelve branches (Branches 108 to 119)
for Pasay City, with seats thereat;
Twelve branches (Branches 120 to 131)
for Caloocan City, with seats thereat;
Fifty-eight branches (Branches 56 to 74
and 132 to 170) for the Municipalities of
Navotas, Malabon, San Juan,
Madaluyong, Makati, Pasig, Pateros,
Taguig, Marikina, Parañaque, Las Piñas,
and Muntinlupa; Branches 67 to 71 and
151 to 168 at Pasig; and Branches 72 to
74, 169 and 170 at Malabon; and
Three branches (Branches 75, 171 and
172) for the municipality of Valenzuela,
with seats thereat. (As amended by EO
No. 33, July 30, 1986.)
(e) Eihty-two Regional Trial Judges shall be
commissioned for the Fourth Judicial Region.
There shall be:
Fourteen branches (Branches I to XIV)
for the province of Batangas and the
cities of Lipa and Batangas, Branches I
to VI with seats at Batangas City,
Branch V at Lemery, Branches VI to
VIII at Tanuan, Branches IX to XI at
Balayan, Branches XII and XIII at Lipa,
and Branch XIV at Nasugbu;
Nine branches (Branches XV to XXIII)
for the province of Cavite and the cities
of Cavite, Tagaytay and Trece Matires,
Branch XV with seat at Naic, Branches
XVII at Cavite City, Branch XVIII at
Tagayatay City, Branch XIX at Bacoor,
Branches XX to XXII at Imus, and
Branch XXIII at Trece Martires;
Fourteen branches (Branches XXIV to
XXXVII) for the province of Laguna
and the city of San Pablo, Branches
XXVIII at Sta. Cruz, Branches XXIX to
XXXII at San Pable City, Branch
XXXIII at Siniloan, and Branches
XXXIV to XXXVI at Calamba;
One branch (Branch XXXVIII) for the
province of Marinduque, with seat at
Boac;
Five branches (Branches XXXIX to
XLIII) for the province of Mindoro
Oriental, Branches XXXIX to XL with
seats at Calapan, Branches XLI and
XLII at Pinamalayan, and Branch XLII
at Roxas;
 Three branches (Branches XLVII to
XLVI) for the province of Mindoro
Occidental, Branch XLIV with seat at
Mamburao, and Branches XLV and
XLVI at San Jose;
Six branches (Branches XLVII to LII)
for the province of Palawan and the city
of Puerto Princesa, with seats at Puerto
Princesa City;
Thirteen branches (Branches LIII to
LXV) for the province of Quezon and
the city of Lucena, Branches LIII to LX
with seats at Lucena City, Branches LXI
and LXII at Gumaca, Branch LXIII at
Calauag, Branch LXIV at Mauban, and
Branch LXV at Infanta;
One branchj(Branch LXVI) for the
province of Aurora, with seat at Baler;
Fourteen branches (Branches LXVII to
LXXX) for the province of Rizal except
the cities and municipalities embraced
within the National Capital Judicial
Region, Branches LXVII to LXX with
seats at Binangonan, Branches LXXI to
LXXIV at Antipolo, Branches LXXV to
LXXVII at San Mateo, and Branches
LXXVIII to LXXX at Morong; and
Two branches (Branches LXXXI and
LXXXII) for the province of Romblon,
Branch LXXXI with seat at Romblon,
and Branch LXXXII at Odiongan.
(f) Fifty-five Regional Trial Judges shall be
commissioned for the Fifth Judicial Region.
There shall be:
Eighteen branches (Branches I to XVIII)
for the province of Albay and the city of
Legaspi, Branches I to X with seats at
Legaspi City, Branches XI to XIV at
Ligao, and Branches XV to XVIII at
Tabaco;
Nineteen branches (Branches XIX to
XXXVII) for the province of Camarines
Sur and the cities of Naga and Iriga,
Branches XIX to XXVIII with seats at
Naga City, Branch XXIX at Libmanan,
Branch XXX at Tigaon, Braches XXXI
to XXXIII at Pili, and Branches XXXIV
to XXXVII at Iriga City;
Four branches (Branches XXXVIII to
XLII) for the province of Camarines
Norte, with seat at Daet;
Two branches (Branches XLII and
XLII) for the province of Catanduanes,
with seats at Virac;
Seven branches (Branches XLIV to L)
for the province of Masbate, Branches
XLIV to XLVIII with seats at Masbate,
Branch XLIX at Cataingan, and Branch
L at San Jacinto; and
Five branches (Branches LI to LV) for
the province of Sorsogon, Branches LI
to LIII with seats at Sorsogon, Branch
LVI at Gubat, and Branch LV at Irosin.
(g) Sixty-three Regional Trial Judges shall be
commissioned for the Sixth Judicial Region.
There shall be:
Nine branches (Branches I to IX) for the
province of Aklan, with seats at Kalibo;
Four branches (Branches X to XIII) for
the province of Antique, Branches X to
XII with seats at San Jose, and Branch
XIII and Culasi;
Eighr branches (Branches XIV to XXI)
for the province of Capiz and the city of
Roxas, Branches XIV to XIX with seats
at Roxas City and Branches XX and
XXI at Mambusao;
Eighteen branches (Branches XXII to
XXXIX) for the province of Iloilo, the
subprovince of Guimaras, and the city of
Iloilo, with seats at Iloilo City; and
Twenty-four branches (Branches XL to
LXIII) for the province of Negros
Occidental, and the cities of
Bacolod,Bago, Cadiz, La Carlota, San
Carlos and Silay, Branch XL with seat at
Silay City, Branches XLI to LIV at
Bacolod City, Branches LV and LVI at
Himamaylan, Branches LVII to LIX at
Kabankalan, Branch LXII at Bago City,
and Branch LXII at La Carlota City.
(h) Forty-six Regional Trial Judges shall be
commissioned for the Seventh Judicial Region.
There shall be:
Four branches (Branches I to IV) for the
province of Bohol and the city of
Tagbilaran, with seats at Tagbilaran
City;
Twenty-five branches (Branches V to
XXIX) for the province of Cebu and the
cities of Cebu, Danao, Lapu-Lapu,
Mandaue and Toledo, Branches V to
XXIV with seats at Cebu City, Branch
XXV at Danao City, Branch XXVI at
Argao, Branch XXVII at Lapu-Lapu
City, Branch XXVIII at Mandaue City,
and Branch XXIX at Toledo City;
Sixteen branches (Branches XXX to
XLV) for the province of Negros
Oriental and the cities of Dumaguete,
Bais and Canlaon, Branches XXX to
XLIV with seats at Dumaguete City, and
Branch XLV at Bais City; and
One branch (Branch XLVI) for the
province of Siquijor, with seat at Larena.
(i) Thirty-three Regional Trial Judges shall be
commissioned for the Eighth Judicial Region.
There shall be:
Five branches (Branches I to V) for the
province of Eastern Samar, Branches I
and II with seats at Borongan, Branch
III at Guiuan, Branch IV at Dolores, and
Branch V at Oras;
Thirteen branches (Branches VI to
XVIII) for the province of Leyte, the
sub-province of Biliran, and the cities of
Ormoc and Tacloban, Branches VI and
IX with seats at Tacloban City, Branch
X at Abuyog, Branch XI at Calubian,
Branch XII at Ormoc City, Branch XIII
at Carigara, Branch XIV at Baybay,
Branch XV at Burauen, Branch XVI at
Naval, Branch XVII at Palompon, and
Branch XVIII at Hilongos;
Five branches (Branches XIX to XXIII)
for the province of Northern Samar,
Branches XIX and XX with seats at
Catarman, Branches XXI and XXII at
Laoang, and Branch XXIII at Allen;
Three branches (Branches XXIV to
XXVI) for the province of Southern
Leyte, Branches XXIV and XXV with
seats at Maasin, and Branch XXVI at
San Juan; and
Seven branches (Branches XXVII to
XXXIII) for the province of Samar and
the city of Calbayog, Branches XXVII
to XXIX with seats at Catbalogan,
Branch XXX at Basey, Branches XXXI
and XXXII at Calbayog City, and
Branch XXXIII at Calbiga.
(j) Twenty-four Regional Trial Judges shall be
commissioned for the Ninth Judicial Region.
There shall be:
Two branches (Branches I and II) for the
province of Basilan, with seats at
Isabela;
Two branches (Branches III and IV) for
the province of Sulu, Branch III with
seat at Jolo, and Branch IV at Parang;
One branch (Branch V) for the province
of Tawi-Tawi, with seat at Bongao;
Six branches (Branches VI to XI) for the
province of Zamboanga del Norte, and
the cities of Dipolog and Dapitan,
Branches VI to X seats at Dipolog City,
and Branch XI at Sindangan; and
Thirteen branches (Branches XII to
XXIV) for the province of Zamboanga
del Sur and the cities of Pagadian and
Zamboanga Branches XII to XVII with
seats at Zamboanga City, Branches,
XVIII to XXII at Pagadian City, Branch
XXIII at Molave, and Branch XXIV at
Ipil.
(k) Thirty-two Regional Trial Judges shall be
commissioned for the Tenth Judicial Region.
There shall be:
Five branches (Branches I to V) for the
province of Agusan del Norte and the
city of Butuan, with seats at Butuan
City;
Two branches (Branches VI and VII) for
the province of Agusan del Sur,
 Branches VI with seat at Prosperidad
and Branch VII with seat at Bayugan;
Four branches (Branches VIII to XI) for
the province of Bukidnon, Branches
VIII to X with seats at Malaybalay and
Branch XI at Manalo Fortich;
Five branches (Branches XII to XI) for
the province of Misamis Occidental and
the cities of Oroquieta, Ozamis, and
Tangub, Branches XII to XIV with seats
at Oroquieta City, Branch XV at Ozamis
City, and Branch XVI at Tangub City;
Eleven branches (Branches XVII to
XXVII) for the province of Misamis
Oriental and the cities of Cagayan de
Oro and Gingoog, Branches XVII to
XXV with seats at Cagayan de Oro City,
Branch XXVI at Medina, and Branch
XXVII at Gingoog City;
One branch (Branch XXVIII) for the
province of Camiguin, with seat at
Mambajao; and
Four branches (Branches XXIX to
XXXII) for the province of Surigao del
Norte and the City of Surigao, Branches
XXIX and XXX with seats at Surigao
City, Branch XXXI at Dapa, and Branch
XXXII at Dinagat, Dinagat Island.
(l) Twenty-nine Regional Trial Judges shall be
commissioned for the Eleventh Judicial Region.
There shall be
Four branches (Branches I to IV) for the
province of Davao del Norte, Branches I
and II with seats at Tagum, Branch III at
Nabunturan, and Branch IV at Panabo;
Three branches (Branches V to VII) for
the province of Davao Oriental,
Branches V and VI with seats at Mati
and Branch VII at Banganga;
Fourteen branches (Branches VIII to
XXI) for the province of Davao del Sur
and the city of Davao, Branches VIII to
XVII with seats at Davao City, Branches
XVIII and XIX at Digos, Branch XX at
Malinta, and Branch XXI a Bansalan;
Five Branches (Branches XXII to
XXVI) for the province of South
Cotabato and the city of General Santos,
Branches XXII and XXIII with seats at
General Santos City, Branches XXIV
and XXV at Koronadal, and Branch
XXVI at Surallah; and
Three branches (Branches XXVII to
XXIX) for the province of Surigao del
Sur, Branch XXVII with seat at Tandag,
Branch XXVIII at Lianga, and Branch
XXIX at Bislig.
(m) Twenty Regional Trial Judges shall be
commissioned for the Twelfth Judicial Region.
There shall be:
Seven branches (Branches I to VII) for
the province of Lanao del Norte and the
city of Iligan, Branches I to VI with
seats at Iligan City, and Branch VII at
Tubod;
Five branches (Branches VIII to XII) for
the province of Lanao del Sur and the
city of Marawi, Branches VIII to X with
seats at Marawi City, and Branches XI
and XII at Malabang;
Three branches (Branches XIII to XV)
for the province of Maguindanao and
the city of Cotabato, Branches XIII and
XIV with seats at Cotabato City, and
Branch XV at Maganoy;
Three branches (Branches XVI to
XVIII) for the province of North
Cotabato, Branch XVI with seat at
Kabacan, Branch XVII at Kidapawan,
and Branch XVIII at Missayap; and
Two branches (Branches XIX and XX)
for the province of Sultan Kudarat,
Branch XIX, with seat at Isulan, and
Branch XX at Tacurong.
Sec. 15. Qualifications. – No persons shall be
appointed Regional Trial Judge unless he is a natural-
born citizen of the Philippines, at least 35 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.
Sec. 16. Time and duration of sessions. – The time and
duration of daily sessions of the RTCs shall be
determined by the SC: Provided, however, That all
motions, except those requiring immediate action,
shall be heard in the afternoon of every Friday, unless
it falls on a holiday, in which case, the hearing shall be
held on the afternoon of the next succeeding business
day: Provided, further, That the SC may, for good
reasons, fix a different motion day in specified areas
Sec. 17. Appointment and assignment of Regional
Trial Judges. – Every Regional Trial Judge shall be
appointed to a region which shall be his permanent
station, and his appointment shall state the branch of
the court and the seat thereof to which he shall be
originally assigned. However, the SC may assign
temporarily a Regional Trial Judge to another region
as public interest may require, provided that such
temporary assignment shall not last longer than (6)
months without the consent of the Regional Trial
Judge concerned.
A Regional Trial Judge may be assigned by the SC to
any branch or city or municipality within the same
region as public interest may require, and such
assignment shall not be deemed an assignment to
another station within the meaning of this Sec..
Sec. 18. Authority to define territory appurtenant to
each branch. – The SC shall define the territory over
which a branch of the RTC shall exercise its authority.
The territory thus defined shall be deemed to be the
territorial area of the branch concerned for purposes of
determining the venue of all suits, proceedings or
actions, whether civil or criminal, as well as
determining the MeTCs, MTCs, and MCTCs over the
said branch may exercise appellate jurisdiction. The
power herein granted shall be exercised with a view to
making the courts readily accessible to the people of
the different parts of the region and making the
attendance of litigants and witnesses as inexpensive as
possible.
Sec. 19. Jurisdiction in civil cases. – RTCs shall
exercise 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, where the assessed value of the property
involved exceeds (P20,000.00) or for civil actions
in Metro Manila, where such the value exceeds
(P50,000.00) except actions for forcible entry into
and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon
MeTCs, MTCs, and MCTCs;
(3) In all actions in admiralty and maritime
jurisdiction where he demand or claim exceeds
(P100,000.00) or , in Metro Manila, where such
demand or claim exceeds (P200,000.00);
(4) In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds (P100,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds
(P200,000.00);
(5) In all actions involving the contract of
marriage and marital relations;
(6) In all cases not within the exclusive
jurisdiction of any court, tribunal, person or body
exercising jurisdiction or any court, tribunal,
person or body exercising judicial or quasi-
judicial functions;
(7) In all civil actions and special proceedings
falling within the exclusive original jurisdiction of
a Juvenile and Domestic Relations Court and of
the Courts of Agrarian Relations as now provided
by law; and
(8) In all other cases in which the demand,
exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or
the value of the property in controversy exceeds
(P100,000.00) or, in such other abovementioned
items exceeds (P200,000.00). (as amended by R.A.
7691)
Sec. 20. Jurisdiction in criminal cases. – RTCs shall
exercise exclusive original jurisdiction in all criminal
cases not within the exclusive jurisdiction of any
court, tribunal or body, except those now falling under
the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter.
Sec. 21. Original jurisdiction in other cases. – RTCs
shall exercise original jurisdiction:
(1) In the issuance of writs of certiorari,
prohibition, mandamus, quo warranto, habeas
 corpus and injunction which may be enforced in
any part of their respective regions; and
(2) In actions affecting ambassadors and other
public ministers and consuls.
Sec. 22. Appellate jurisdiction. – RTCs shall exercise
appellate jurisdiction over all cases decided by
MeTCs, MTCs, and MCTCs 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
RTCs. The decision of the RTCs in such cases shall be
appealable by petition for review to the
CA 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.
Sec. 23. Special jurisdiction to try special cases. –
The SC may designate certain branches of the RTCs 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 SC may determine in the
interest of a speedy and efficient administration of
justice.
Sec. 24. Special Rules of Procedure. – Whenever a
RTC takes cognizance of juvenile and domestic
relation cases and/or agrarian cases, the special rules
of procedure applicable under present laws to such
cases shall continue to be applied, unless subsequently
amended by law or by rules of court promulgated by
the SC.
CHAPTER III - METCS, MTCS, AND MCTCS
Sec. 25. Establishment of MeTCs, MTCs and MCTCs.
– There shall be created a MeTC in each metropolitan
area established by law, a MTC in each of the other
cities or municipalities, and a MCTC in each circuit
comprising such cities and/or municipalities as are
grouped together pursuant to law.
Sec. 26. Qualifications. – No person shall be
appointed judge of a MeTC, MTC, or MCTC 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.
Sec. 27. MeTCs of the NCR. – There shall be a MeTC
in the NCR, to be known as the MeTC of Metro
Manila, which shall be composed of (82) branches.
There shall be:
Thirty branches (Branches I to XXX) for the city of
Manila with seats thereat;
Thirteen branches (Branches XXXI to XLIII) for
Quezon City with seats thereat;
Five branches (Branches XLIV to XLVIII) for Pasay
City with seats thereat;
Five branches (Branches XLIX to LIII) for Caloocan
City with seats thereat;
One branch (Branch LIV) for Navotas with seat
thereat;
Two branches (Branches LV and LVI) for Malabon
with seats thereat;
Two branches (Branches LVII and LVIII) for San
Juan with seats thereat;
Two branches (Branches LIX and LX) for
Mandaluyong with seats thereat;
Seven branches (Branches LXI and LXVII) for
Makati with seats thereat;
Five branches (Branches LXVIII to LXXII) for Pasig
with seats thereat;
One branch (Branch LXXIII) for Pateros with seat
thereat;
One branch (Branch LXXIV) for Taguig with seat
thereat;
Two branches (Branches LXXV and LXXVI) for
Marikina with seats thereat;
Two branches (Branches LXXVII and LXXVIII) for
Parañaque with seats thereat;
One branch (Branch LXXIX) for Las Piñas with seat
thereat;
 One branch (Branch LXXX) for Muntinlupa with seat
thereat;
Two branches (Branches LXXXI and LXXXII) for
Valenzuela with seats thereat;
Sec. 28. Other MeTCs. – The SC shall constitute
MeTCs in such other metropolitan areas as may be
established by law whose territorial jurisdiction shall
be co-extensive with the cities and municipalities
comprising the metropolitan area.
Every Metropolitan Trial Judge shall be appointed to a
metropolitan area which shall be his permanent station
and his appointment shall state branch of the court and
the seat thereof to which he shall be originally
assigned. A Metropolitan Trial Judge may be assigned
by the SC to any branch within said metropolitan area
as the interest of justice may require, and such
assignment shall not be deemed an assignment to
another station within the meaning of this Section.
Sec. 29. MTCs in cities. – In every city which does not
form part of a metropolitan area, there shall be a MTC
with one branch, except as hereunder provided:
Two branches for Laoag City;
Four branches for Baguio City;
Three branches for Dagupan City;
Five branches for Olongapo City;
Three branches for Cabanatuan City;
Two branches for San Jose City;
Three branches for Angeles City;
Two branches for Cavite City;
Two branches for Batangas City;
Two branches for Lucena City;
Three branches for Naga City;
Two branches for Iriga City;
Three branches for Legaspi City;
Two branches for Roxas City;
Four branches for Iloilo City;
Seven branches for Bacolod City;
Two branches for Dumaguete City;
Two branches for Tacloban City;
Eight branches for Cebu City;
Three branches for Mandaue City;
Two branches for Tagbilaran City;
Two branches for Surigao City;
Two branches for Butuan City;
Five branches for Cagayan de Oro City;
Seven branches for Davao City;
Three branches for General Santos City;
Two branches for Oroquieta City;
Three branches for Ozamis City;
Two branches for Dipolog City;
Four branches for Zamboanga City;
Two branches for Pagadian City; and
Two branches for Iligan City.
Sec. 30. MTCs. – In each of the municipalities that are
not comprised within a metropolitan area and a
municipal circuit there shall be a MTC which shall
have one branch, except as hereunder provided:
Two branches for San Fernando, La Union;
Four branches for Tuguegarao;
Three branches for Lallo, and two branches for
Aparri, both of Cagayan;
Two branches for Santiago, Isabela;
Two branches each for Malolos, Meycauayan
and Bulacan, all of Bulacan Province;
Four branches for San Fernando and two
branches for Guagua, both of Pampanga;
Two branches for Tarlac, Tarlac;
Two branches for San Pedro, Laguna; and
Two branches each for Antipolo and
Binangonan, both in Rizal.
Sec. 31. MCTC. – There shall be a MCTC in each area
defined as a municipal circuit, comprising one or more
cities and/or one or more municipalities. The
municipalities comprising municipal circuits as
organized under Admin. Order No. 33, issued on June
13, 1978 by the SC pursuant to PD 537, are hereby
constituted as municipal circuits for purposes of the
establishment of the MCTCs, and the appointment
thereto of Municipal Circuit Trial Judges: Provided,
however, That the SC may, as the interests of justice
may require, further reorganize the said courts taking
into account workload, geographical location, and
such other factors as will contribute to a rational
allocation thereof, pursuant to the provisions of PD
537 which shall be applicable insofar as they are not
inconsistent with this Act.
Every Municipal Circuit Trial Judge shall be
appointed to a municipal circuit which shall be his
official station.
The SC shall determine the city or municipality where
the MCTC shall hold sessions.
Sec. 32. Jurisdiction of MeTCs, MTCs and MCTCs in
criminal cases. – Except in cases falling within the
exclusive original jurisdiction of RTCs and of the
Sandiganbayan, the MeTCs, MTCs, and MCTCs 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 (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. (as
amended by R.A, No. 7691)
Sec. 33. Jurisdiction of MeTCs, MTCs and MCTCs in
civil cases. – MeTCs, MTCs, and MCTCs shall
exercise:
(1) Exclusive original jurisdiction over civil
actions and probate proceedings, testate and
intestate, including the grant of provisional
remedies in proper cases, where the value of the
personal property, estate, or amount of the demand
does not exceed (P100,000.00) or, in Metro
Manila where such personal property, estate, or
amount of the demand does not exceed
(P200,000.00) exclusive of interest damages of
whatever kind, attorney's fees, litigation expenses,
and costs, the amount of which must be
specifically alleged: Provided, That where there
are several claims or causes of action between the
same or different parties, embodied in the same
complaint, the amount of the 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
question of ownership in his pleadings 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 not exceed (P20,000.00) or, in civil actions in
Metro Manila, where such assessed value does not
exceed (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided, That value
of such property shall be determined by the
assessed value of the adjacent lots. (as amended
by R.A. No. 7691)
Sec. 34. Delegated jurisdiction in cadastral and land
registration cases. – MeTCs, MTCs, and MCTCs may
be assigned by the SC to hear and determine cadastral
or land registration cases covering lots where there is
no controversy or opposition, or contested lots the
where the value of which does not exceed
(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 corresponding tax declaration of the real
property. Their decisions in these cases shall be
appealable in the same manner as decisions of the
RTCs. (as amended by R.A. No. 7691)
Sec. 35. Special jurisdiction in certain cases. – In the
absence of all the Regional Trial Judges in a province
or city, any Metropolitan Trial Judge, Municipal Trial
Judge, Municipal Circuit Trial Judge may hear and
decide petitions for a writ of habeas corpus or
applications for bail in criminal cases in the province
or city where the absent Regional Trial Judges sit.
Sec. 36. Summary procedures in special cases. – In
MeTCs and MTCs with at least two branches, the SC
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 SC
may determine. The SC shall adopt special rules or
procedures applicable to such cases in order to
achieve an expeditious and inexpensive determination
thereof without regard to technical rules. Such
simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral
testimony and that the periods for filing pleadings
shall be non-extendible.
Sec. 37. Preliminary investigation. – Judges of
MeTCs, except those in the NCR, of MTCs, and
MCTCs shall have authority to conduct preliminary
investigation of crimes alleged to have been
committed within their respective territorial
jurisdictions which are cognizable by the RTCs.
The preliminary investigation shall be conducted in
accordance with the procedure prescribed in Sec. 1,
paragraphs (a), (b), (c), and (d), of PD 911: Provided,
however, That if after the preliminary investigation the
Judge finds a prima facie case, he shall forward the
records of the case to the Provincial/City Fiscal for the
filing of the corresponding information with the
proper court.
No warrant of arrest shall be issued by the Judge in
connection with any criminal complaint filed with him
for preliminary investigation, unless after an
examination in writing and under oath or affirmation
of the complainant and his witnesses, he finds that a
probable cause exists.
Any warrant of arrest issued in accordance herewith
may be served anywhere in the Philippines.
Sec. 38. Judgments and processes. –
(1) All judgments determining the merits of cases
shall be in writing, stating clearly the facts and the
law on which they were based, signed by the Judge
and filed with the Clerk of Court. Such judgment
shall be appealable to the RTCs in accordance with
the procedure now prescribed by law for appeals to
the Court of First Instance, by the provisions of this
Act, and by such rules as the SC may hereafter
prescribe.
(2) All processes issued by the MeTCs, MTCs and
MCTCs, in cases falling within their jurisdiction,
may be served anywhere in the Philippines without
the necessity of certification by the Judge of the
RTC.
CHAPTER IV - GENERAL PROVISIONS
Sec. 39. Appeals. – The period for appeal from final
orders, resolutions, awards, judgments, or decisions of
any court in all cases shall be (15) days counted from
the notice of the final order, resolution, award,
judgment, or decision appealed from: Provided
however, That in habeas corpus cases, the period for
appeal shall be (48) hours from the notice of the
judgment appealed from.
No record on appeal shall be required to take an
appeal. In lieu thereof, the entire record shall be
transmitted with all the pages prominently numbered
consecutively, together with an index of the contents
thereof.
This Sec. shall not apply in appeals in special
proceedings and in other cases wherein multiple
appeals are allowed under applicable provisions of the
Rules of Court.
Sec. 40. Form of decision in appealed cases. – Every
decision of final resolution of a court in appealed
cases shall clearly and distinctly state the findings of
fact and the conclusions of law on which it is based,
which may be contained in the decision or final
resolution itself, or adopted by reference from those
set forth in the decision, order, or resolution appealed
from.
Sec. 41. Salaries. – Intermediate Appellate Justices,
Regional Trial Judges, Metropolitan Trial Judges,
Municipal Trial Judges, and Municipal Circuit Trial
Judges shall receive such compensation and
allowances as may be authorized by the President
along the guidelines set forth in LOI No. 93 pursuant
to PD 985, as amended by PD 1597.
Sec. 42. Longevity pay. – A monthly longevity pay
equivalent to 5% of the monthly basic pay shall be
paid to the Justices and Judges of the courts herein
created for each five years of continuous, efficient,
and meritorious service rendered in the judiciary;
Provided, That in no case shall the total salary of each
Justice or Judge concerned, after this longevity pay is
added, exceed the salary of the Justice or Judge next
in rank.
Sec. 43. Staffing pattern. – The SC shall submit to the
President, within (30) days from the date of the
effectivity of this Act, a staffing pattern for all courts
constituted pursuant to this Act which shall be the
basis of the implementing order to be issued by the
President in accordance with the immediately
succeeding Section.
Sec. 44. Transitory provisions. – The provisions of
this Act shall be immediately carried out in
accordance with an EO to be issued by the President.
The CA, the Courts of First Instance, the Circuit
Criminal Courts, the Juvenile and Domestic Relations
Courts, the Courts of Agrarian Relations, the City
Courts, the Municipal Courts, and the Municipal
Circuit Courts shall continue to function as presently
constituted and organized, until the completion of the
reorganization provided in this Act as declared by the
President. Upon such declaration, the said courts shall
be deemed automatically abolished and the
incumbents thereof shall cease to hold office. The
cases pending in the old Courts shall be transferred to
the appropriate Courts constituted pursuant to this Act,
together with the pertinent functions, records,
equipment, property and the necessary personnel.

The applicable appropriations shall likewise be

transferred to the appropriate courts constituted
pursuant to this Act, to be augmented as may be
necessary from the funds for organizational changes
as provided in BP 80. Said funding shall thereafter be
included in the annual General Appropriations Act.

Sec. 45. Shari'a Courts. – Shari'a Courts to be

constituted as provided for in PD 1083, otherwise
known as the "Code of Muslim Personal Laws of the
Philippines," shall be included in the funding
appropriations so provided in this Act.

Sec. 46. Gratuity of judges and personnel separated

from office. – All members of the judiciary and
subordinate employees who shall be separated from
office by reason of the reorganization authorized
herein, shall be granted a gratuity at a rate equivalent
to one month's salary for every year of continuous
service rendered in any branch of the government or
equivalent nearest fraction thereof favorable to them
on the basis of the highest salary received: Provided,
That such member of the judiciary or employee shall
have the option to retire under the Judiciary
Retirement Law or general retirement law, if he has
met or satisfied the requirements therefor.

Sec. 47. Repealing clause. – The provisions of RA No.

296, otherwise known as the Judiciary Act of 1948, as
amended, of RA No. 5179 as amended, of the Rules of
Court, and of all other statutes, letters of instructions
and general order or parts thereof, inconsistent with
the provisions of this Act are hereby repealed or
accordingly modified.

Sec. 48. Date of Effectivity. – This Act shall take effect

immediately.

Approved: August 14, 1981

 RA No. 7691 March 25, 1994 - AN ACT
EXPANDING THE JURISDICTION OF THE
METCS, MTCS, AND MCTCS, AMENDING FOR
THE PURPOSE BATAS PAMBANSA, BLG. 129,
OTHERWISE KNOWN AS THE "JUDICIARY
REORGANIZATION ACT OF 1980"
Sec. 1. Sec. 19 of BP 129, otherwise known as the
"Judiciary Reorganization Act of 1980", is hereby
amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. – RTCs shall
exercise 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, where the assessed value of the property
involved exceeds (P20,000,00) or, for civil actions
in Metro Manila, where such value exceeds
(P50,000.00) except actions for forcible entry into
and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon
the MeTCs, MTCs, and MCTCs;
"(3) In all actions in admiralty and maritime
jurisdiction where the demand or claim exceeds
(P100,000.00) or, in Metro Manila, where such
demand or claim exceeds (P200,000.00);
"(4) In all matters of probate, both testate and
intestate, where the gross value of the estate
exceeds (P100,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds
(P200,000.00);
"(5) In all actions involving the contract of
marriage and marital relations;
"(6) In all cases not within the exclusive
jurisdiction of any court, tribunal, person or body
exercising jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-
judicial functions;
"(7) In all civil actions and special proceedings
falling within the exclusive original jurisdiction of
a Juvenile and Domestic Relations Court and of
the Court of Agrarian Relations as now provided
by law; and
"(8) In all other cases in which the demand,
exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs or
the value of the property in controversy exceeds
(P100,000.00) or, in such other cases in Metro
Manila, where the demand exclusive of the
abovementioned items exceeds (P200,000.00)."
Sec. 2. Sec. 32 of the same law is hereby amended to
read as follows:
"Sec. 32. Jurisdiction of MeTCs, MTCs and MCTCs
in Criminal Cases. – Except in cases falling within
the exclusive original jurisdiction of RTCs and of
the Sandiganbayan, the MeTCs, MTCs, and MCTCs
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 (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."
Sec. 3. Sec. 33 of the same law is hereby amended to
read as follows:
"Sec. 33. Jurisdiction of MeTCs, MTCs and MCTCs
in Civil Cases. – MeTCs, MTCs, and MCTCs shall
exercise:
"(1) Exclusive original jurisdiction over civil
actions and probate proceedings, testate and
intestate, including the grant of provisional
remedies in proper cases, where the value of the
personal property, estate, or amount of the
demand does not exceed (P100,000.00) or, in
Metro Manila where such personal property,
estate, or amount of the demand does not exceed
(P200,000.00), exclusive of interest, damages of
whatever kind, attorney's fees, litigation
expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest,
 damages of whatever kind, attorney's fees,
litigation expenses, and costs shall be included in
the determination of the filing fees: Provided,
further, That where there are several claims or
causes of actions between the same or different
parties, embodied in the same complaint, the
amount of the 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 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; and
"(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 not exceed (P20,000.00) or, in civil actions
in Metro Manila, where such assessed value does
not exceed (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided, That in
cases of land not declared for taxation purposes,
the value of such property shall be determined by
the assessed value of the adjacent lots."
years thereafter, such jurisdictional amounts shall be
adjusted further to (P300,000.00): Provided, however,
That in the case of Metro Manila, the abovementioned
jurisdictional amounts shall be adjusted after (5) years
from the effectivity of this Act to (P400,000.00).
Sec. 6. All laws, decrees, and orders inconsistent with
the provisions of this Act shall be considered amended
or modified accordingly.
Sec. 7. The provisions of this Act shall apply to all
civil cases that have not yet reached the pre-trial stage.
However, by agreement of all the parties, civil cases
cognizable by municipal and metropolitan courts by
the provisions of this Act may be transferred from the
RTCs to the latter. The executive judge of the
appropriate RTCs shall define the administrative
procedure of transferring the cases affected by the
redefinition of jurisdiction to the MeTCs, MTCs, and
MCTCs.
Sec. 8. This Act shall take effect (15) days following
its publication in the Official Gazette or in two (2)
national newspapers of general circulation.
Approved: March 25, 1994

Sec. 4. Sec. 34 of the same law is hereby amended to

read as follows:

"Sec. 34. Delegated Jurisdiction in Cadastral and

Land Registration Cases. – MeTCs, MTCs, and
MCTCs may be assigned by the SC to hear and
determine cadastral or land registration cases
covering lots where there is no controversy or
opposition, or contested lots where the value of
which does not exceed (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 corresponding tax
declaration of the real property. Their decisions in
these cases shall be appealable in the same manner
as decisions of the RTCs."

Sec. 5. After (5) years from the effectivity of this Act,

the jurisdictional amounts mentioned in Sec. 19(3),
(4), and (8); and Sec. 33(1) of BP 129 as amended by
this Act, shall be adjusted to (P200,000.00). Five (5)
 their office, where the offense is punishable by
more than (4) years and (2) months up to (6)
ADMIN. CIRCULAR NO. 09-94 June 14, 1994 years.

TO: THE CA, SANDIGANBAYAN, RTC, METCS,
METCS, MTCS, MCTC, ALL MEMBERS OF THE
GOVERNMENT PROSECUTION SERVICE AND
ALL MEMBERS OF THE IBP
SUBJECT: GUIDELINES IN THE
IMPLEMENTATION OF RA NO. 7691. ENTITLED
"AN ACT EXPANDING THE JURISDICTION OF
THE METCS, MTCS AND MTCS AND MCTCS,
AMENDING FOR THE PURPOSE BP 129,
OTHERWISE KNOWN AS THE 'JUDICIARY
REORGANIZATION ACT OF 1980."
For the guidance of the bench and the Bar, the
following guidelines are to be followed in the
implementation of RA No. 7691, entitled "An Act
Expanding the Jurisdiction of the MeTCs, MTCs, and
MCTCs, Amending for the Purpose BP 129,
Otherwise Known as the 'Judiciary Reorganization
Act of 1980":
1. The new jurisdiction of the RTCs, MeTCs,
MTCs, and MCTCs in civil and original cases,
and in cadastral and land registration cases, under
Sec. 19, 32, 33 and 34 of B.P. Blg. 129, as
amended by R.A. No. 7691. Was effective on
April 15, 1994, (15) days after the publication in
the Malaya and in the Times Journal on March 30,
1994, pursuant to Sec. 8 of the R.A. No. 7691.
4. The provisions of Sec. 32 (2) of B.P. 129 as
amended by R.A. No. 7691, apply only to offenses
punishable by imprisonment or fine, or both, in
which cases the amount of the fine is disregarded
in determining the jurisdiction of the court.
However, in cases where the only penalty
provided by law is a fine, the amount thereof shall
determine the jurisdiction of the court in
accordance with the original provisions of Sec. 32
(2) of B.P. Blg. 129 which fixed original exclusive
jurisdiction of the MeTCs, MTCs, and MCTCs
over offenses punishable with a fine of not more
than four thousand pesos. If the amount of the fine
exceeds four thousand pesos, the RTC shall have
jurisdiction, including offenses committed by
public officers and employees in relation to their
office, where the amount of the fine does not
exceed six thousand pesos.
However, this rule does not apply to offenses
involving damage to property through criminal
negligence which are under the exclusive original
jurisdiction of the MeTCs, MTCs, and MCTCs,
irrespective of the amount of the imposable fine.
Manila, June 14, 1994.

2. The exclusion of the term "damages of

whatever kind" in determining the jurisdictional
amount under Sec. 19 (8) and Sec. 33 (1) of B.P.
Blg. 129, as amended by R.A. No. 7691, applies
to cases where the damages are merely incidental
to or a consequence of the main cause of action.
However, in cases where the claim for damages is
the main cause of action, or one of the causes of
action, the amount of such claim shall be
considered in determining the jurisdiction of the
court.

3. The criminal jurisdiction of the MeTCs, MTCs,

and MTCs under Sec. 32 (2) of B.P. Blg. 129, as
amended by R.A. No. 7691, has been increased to
cover offenses punishable with imprisonment not
exceeding (6) years irrespective of the amount of
the fine. As a consequence, the RTCs have no
more original jurisdiction over offenses committed
by public officers and employees in relation to

RA No. 8369 Oct.28, 1997 AN ACT ESTABLISHING
FAMILY COURTS, GRANTING THEM EXCLUSIVE
ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN
AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Sec. 1. Title. - This Act shall be known as the
"Family Courts Act of 1997".
Sec. 2. Statement of National Policies. - The State
shall protect the rights and promote the welfare of
children in keeping with the mandate of the
Constitution and the precepts of the United Nations
Convention on the rights of the Child. The State shall
provide a system of adjudication for youthful
offenders which takes into account their peculiar
circumstances.
The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution. The courts shall
preserve the solidarity of the family, provide
procedures for the reconciliation of spouses and the
amicable settlement of family controversy.
Sec. 3. Establishment of Family Courts. - There shall
be established a Family Court in every province and
city in the country. In case where the city is the capital
of the province, the Family Court shall be established
in the municipality which has the highest population.
Sec. 4. Qualification and Training of Family Court
Judges. - Sec. 15 of BP Blg. 129, as amended, is
hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be
appointed Regional Trial Judge or Presiding Judge
of the Family Court unless he is a natural-born
citizen of the Philippines, at least (35) years of
age, and, for at least (10) 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 indispensable
requisite.
"(b) Training of Family Court Judges. - The
Presiding Judge, as well as the court personnel of
the Family Courts, shall undergo training and
must have the experience and demonstrated ability
in dealing with child and family cases.
"The SC shall provide a continuing education
program on child and family laws, procedure and
other related disciplines to judges and personnel
of such courts."
Sec. 5. Jurisdiction offamily Courts. - The Family
Courts shall have exclusive original jurisdiction to
hear and decide the following cases:
a) Criminal cases where one or more of the accused
is below (18) years of age but not less than (9) years
of age but not less than (9) years of age or where
one or more of the victims is a minor at the time of
the commission of the offense: Provided, That if the
minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the
accused may have incurred.
The sentence, however, shall be suspended without
need of application pursuant to Ptesidential Decree
No. 603, otherwise known as the "Child and Youth
Welfare Code";
b) Petitions for guardianship, custody of children,
habeas corpus in relation to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage,
declaration of nullity of marriage and those relating
to marital status and property relations of husband
and wife or those living together under different
status and agreements, and petitions for dissolution
of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of EO No. 209, otherwise known as the
"Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children,
petitions for voluntary or involuntary commitment
of children; the suspension, termination, or
restoration of parental authority and other cases
cognizable under PD 603, EO No. 56, (Series of
1986), and other related laws;
h) Petitions for the constitution of the family home;
 i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;
j) Violations of RA No. 7610, otherwise known as
the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act," as
amended by RA No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based
violence that results, or are likely to result in
physical, sexual or psychological harm or
suffering to women; and other forms of physical
abuse such as battering or threats and coercion
which violate a woman's personhood, integrity
and freedom movement; and
2) Children - which include the commission of all
forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other
conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or
batterer shall be subject to criminal proceedings and
the corresponding penalties.
If any question involving any of the above matters
should arise as an incident in any case pending in the
regular courts, said incident shall be determined in
that court.
Sec. 6. Use of Income. - All Family Courts shall be
allowed the use of (10%) of their income derived from
filing and other court fees under Rule 141 of the Rules
of Court for research and other operating expenses
including capital outlay: Provided, That this benefit
shall likewise be enjoyed by all courts of justice.
The SC shall promulgate the necessary guidelines to
effectively implement the provisions of this Sec.
Sec. 7. Special Provisional Remedies. - In cases of
violence among immediate family members living in
the same domicile or household, the Family Court
may issue a restraining order against the accused of
defendant upon verified application by the
complainant or the victim for relief from abuse.
The court may order the temporary custody of
children in all civil actions for their custody. The court
may also order support pendente lite, including
deduction from the salary and use of conjugal home
and other properties in all civil actions for support.
Sec. 8. Supervision of Youth Detention Homes. - The
judge of the Family Court shall have direct control
and supervision of the youth detention home which
the local government unit shall establish to separate
the youth offenders from adult criminals: Provided,
however, That alternatives to detention and
institutional care shall be made available to the
accused including counseling, recognizance, bail,
community continuum, or diversions from the justice
system: Provided, further, That the human rights of
the accused are fully respected in a manner
appropriate to their well-being.
Sec. 9. Social Services and Counseling Division. -
Under the guidance ofthe Department of Social
Welfare and Development (DSWD), a Social Services
and Counseling Division (SSCD) shall be established
in each judicial region as the SC shall deem necessary
based on the number of juvenile and family cases
existing in such jurisdiction. It shall provide
appropriate social services to all juvenile and family
cases filed with the court and recommend the proper
social action. It shall also develop programs,
formulate uniform policies and procedures, and
provide technical supervision and monitoring of all
SSCD in coordination with the judge.
Sec. 10. Social Services and Counseling Division
Staff. - The SSCD shall have a staff composed of
qualified social workers and other personnel with
academic preparation in behavioral sciences to carry
out the duties'of conducting intake assessment, social
case studies, casework and counseling, and othersocial
services that may be needed in connection with cases
filed with the court: Provided, however, That in
adoption cases and in petitions for declaration of
abandonment, the case studies may be prepared by
social workers of duly licensed child caring or child
placement agencies, or the DSWD. When warranted,
the division shall recommend that the court avail itself
of consultative services of psychiatrists,
psychologists, and other qualified specialists presently
employed in other departments of the government in
connection with its cases.
The position of Social Work Adviser shall be created
under the Office of the Court Administrator, who shall
monitor and supervise the SSCD ofthe RTC.
Sec. 11. Alternative Social Services. - In accordance
with Sec. 17 of this Act, in areas where no Family
Court has been established or no RTC was designated
by the SC due to the limited number of cases, the
DSWD shall designate and assign qualified, trained,
and DSWD accredited social workers of the local
government units to handle juvenile and family cases
filed in the designated RTC of the place.
Sec. 12. Privacy and Confidentiality of Proceedings.
- All hearings and conciliation of the child and family
cases shall be treated in a manner consistent with the
promotion of the child's and the family's dignity and
worth, and shall respect their privacy at all stages of
the proceedings. Records of the cases shall be dealt
with utmost confidentiality and the identity of parties
shall not be divulged unless necessary and with
authority of the judge.
Sec. 13. Special Rules of Procedure. - The SC shall
promulgate special rules of procedure for the transfer
of cases to the new courts during the transition period
and for the disposition of family cases with the best
interests of the child and the protection of the family
as primary consideration taking into account the
United Nations Convention on the Rights of the Child.
Additional cases other than those provided in Sec. 5
may be assigned to the Family Courts when their
dockets permit: Provided, That such additional cases
shall not be heard on the same day family cases are
heard.
In areas where there are no Family Courts, the cases
referred to in Sec. 5 of this Act shall be adjudicated by
the RTC.
Sec. 18. Separability Clause. - In case any provision
of this Act is declared unconstitutional, the other
provisions shall remain in effect.
Sec. 19. Repealing Clause. - All other laws, decrees,
EOs, rules or regulations inconsistent herewith are
hereby repealed, amended or modified accordingly.
Sec. 20. Effectivity. - This Act shall take effect (15)
days after its publication in at least (2) national
newspapers of general circulation.
Approved October 28, 1997.

Sec. 14. Appeals. - Decisions and orders of the court

shall be appealed in the same manner and subject to
the same conditions as appeals from the ordinary
RTCs.

Sec. 15. Appropriations. - The amount necessary to

carry out the provisions of this Act shall be included
in the General Appropriations Act of the year
following in its enactment into law and thereafter.

Sec. 16. Implementing Rules and Regulations. - The

SC, in coordination with the DSWD, shall formulate
the necessary rules and regulations for the effective
implementation of the social aspects of this Act.

Sec. 17. Transitory Provisions. - Pending the

establishment of such Family Courts, the SC shall
designate from among the branches ofthe RTC at least
one Family Court in each of the cities of Manila,
Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago,
Dagupan, Olongapo, Cabanatuan, San Jose, Angeles,
Cavite, Batangas, Lucena, Naga, Iriga, Legazpi,
Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu,
Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de
Oro, Davao, General Santos, Oroquieta, Ozamis,
Dipolog, Zamboanga, Pagadian, Iligan, and in such
other places as the SC may deem necessary.
 A.M. No. 01-2-04-SC. March 13, 2001 Re:
PROPOSED INTERIM RULES OF
PROCEDURE GOVERNING INTRA-
CORPORATE CONTROVERSIES UNDER RA
8799
INTERIM RULES OF PROCEDURE FOR
INTRA-CORPORATE CONTROVERSIES
RULE 1 - GENERAL PROVISIONS
SEC. 1. (a) Cases covered. – These Rules shall govern
the procedure to be observed in civil cases involving
the following:
1. Devices or schemes employed by, or any act
of, the board of directors, business associates,
officers or partners, amounting to fraud or
misrepresentation which may be detrimental
to the interest of the public and/or of the
stockholders, partners, or members of any
corporation, partnership, or association;
2. Controversies arising out of intra-corporate,
partnership, or association relations, between
and among stockholders, members, or
associates; and between, any or all of them
and the corporation, partnership, or
association of which they are stockholders,
members, or associates, respectively;
3. Controversies in the election or appointment
of directors, trustees, officers, or managers of
corporations, partnerships, or associations;
4. Derivative suits; and
5. Inspection of corporate books.
(b) prohibition against nuisance and harassment
suits. - Nuisance and harassment suits are prohibited.
In determining whether a suit is a nuisance or
harassment suit, the court shall consider, among
others, the following:
1. The extent of the shareholding or interest of
the initiating stockholder or member;
2. Subject matter of the suit;
3. Legal and factual basis of the complaint;
4. Availability of appraisal rights for the act or
acts complained of; and
5. Prejudice or damage to the corporation,
partnership, or association in relation to the
relief sought.
In case of nuisance or harassment suits, the court may,
moto proprio or upon motion, forthwith dismiss the
case.
SEC. 2. Suppletory application of the Rules of
Court. – The Rules of Court, in so far as they may be
applicable and are not inconsistent with these Rules,
are hereby adopted to form an integral part of these
Rules.
SEC. 3. Construction. – These Rules shall be liberally
construed in order to promote their objective of
securing a just, summary, speedy and inexpensive
determination of every action or proceeding.
SEC. 4. Executory nature of decisions and orders. –
All decisions and orders issued under these Rules
shall immediately be executory. No appeal or petition
taken therefrom shall stay the enforcement or
implementation of the decision or order, unless
restrained by an appellate court. Interlocutory orders
shall not be subject to appeal.
SEC. 5. Venue. – All actions covered by these Rules
shall be commenced and tried in the RTC which has
jurisdiction over the principal office of the
corporation, partnership, or association concerned.
Where the principal office of the corporation,
partnership or association is registered in the SEC as
Metro Manila, the action must be filed in the city or
municipality where the head office is located.
SEC. 6. Service of pleadings. – When so authorized
by the court, any pleading and/or document required
by these Rules may be filed with the court and/or
served upon the other parties by facsimile
transmission (tax) or electronic mail (e-mail. In such
cases, the date of transmission shall be deemed to be
prima facie the date of service.
SEC. 7. Signing of pleadings, motions and other
papers. – Every pleading, motion, and other paper of a
party represented by an attorney shall be signed by at
least one attorney of record in the attorney’s
individual name, whose address shall be stated. A
party who is not represented by an attorney shall sign
the pleading, motion, or other paper and state his
address.
The signature of an attorney or party constitutes a
certification by the signer that he has read the
pleading, motion, or other paper; that to the best of his
knowledge, information, and belief formed after
reasonable inquiry, it is well grounded in fact and is
warranted by existing law or a good faith argument for
the extension, modification, or reversal of existing
jurisprudence; and that it is not interposed for any
improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of
litigation.
If a pleading, motion, or other paper is not signed, it
shall be stricken off the record unless it is promptly
signed by the pleader or movant, after he is notified of
the omission.
SEC. 8. Prohibited pleadings. – The following
pleadings are prohibited:
1. Motion to dismiss;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of
judgment or order, or for re-opening of trial;
4. Motion for extension of time to file pleadings,
affidavits or any other paper, except those
filed due to clearly compelling reasons. Such
motion must be verified and under oath; and
5. Motion for postponement and other motions of
similar intent, except those filed due to clearly
compelling reasons. Such motion must be
verified and under oath.
SEC. 9. Assignment of cases. – All cases filed under
these Rules shall be tried by judges designated by the
SC to hear and decide cases transferred from the SEC
to the RTCs and filed directly with said courts
pursuant to RA 8799, otherwise known as the
Securities and Regulation Cod
RULE 2 - COMMENCEMENT OF ACTION
AND PLEADINGS
SEC. 1. Commencement of action. – An action under
these Rules is commenced by the filing of a verified
complaint with the proper RTC.
SEC. 2. Pleadings allowed. – The only pleadings
allowed to be filed under these Rules are the
complaint, answer, compulsory counterclaims or
cross-claims pleaded in the answer, and the answer to
the counterclaims or cross-claims.
SEC. 3. Verification. – The complaint and the answer
shall be verified by an affidavit stating that the affiant
has read the pleading and the allegations therein are
true and correct based on his own personal knowledge
or on authentic records.
SEC. 4. Complaint. – The complaint shall state or
contain:
1. the names, addresses, and other relevant
personal or juridical circumstances of the
parties;
2. all facts material and relevant to the plaintiff’s
cause or causes of action, which shall be
supported by affidavits of the plaintiff or his
witnesses and copies of documentary and
other evidence supportive of such cause or
causes of action;
3. the law, rule, or regulation relied upon,
violated, or sought to be enforced;
4. a certification that (a) the plaintiff has not
theretofore commenced any action or filed any
claim involving the same issues in any court,
tribunal or quasi-judicial agency, and, to the
best of his knowledge, no such other action or
claim is pending therein; (b) if there is such
other action or claim, a complete statement of
the present status thereof; and (c) if he should
thereafter learn that the same or similar action
or claim has been filed or is pending, he shall
report that fact within (5) days therefrom to
the court; and
5. the relief sought.
SEC. 5. Summons. – The summons and the complaint
shall be served together not later than (5) days from
the date of filing of the complaint.
a. Service upon domestic private juridical
entities. – If the defendant is a domestic
corporation, service shall be deemed
adequate if made upon any of the statutory
or corporate officers as fixed by the by-laws
or their respective secretaries. If the
defendant is a partnership, service shall be
deemed adequate if made upon any of the
managing or general partners or upon their
respective secretaries. If the defendant is an
association, service shall be deemed
adequate if made upon any of its officers or
their respective secretaries.
b. Service upon foreign private juridical entity.
– When the defendant is a foreign private
juridical entity which is transacting or has
transacted business in the Philippines,
service may be made on its resident agent
 designated in accordance with law for that
purpose, or, if there be no such agent, on the
government official designated by law to
that effect, or on any of its officers or agents
within the Philippines.
SEC. 6. Answer. – The defendant shall file his answer
to the complaint, serving a copy thereof on the
plaintiff, within (15) days from service of summons.
In the answer, the defendant shall:
1. Specify each material allegation of fact the
truth of which he admits;
2. Specify each material allegation of fact the
truth of which he does not admit. Where the
defendant desires to deny only a part of an
averment, he shall specify so much of it as
true and material and shall deny only the
remainder;
3. Specify each material allegation of fact as to
which truth he has no knowledge or
information sufficient to form a belief, and
this shall have the effect of a denial;
4. State the defenses, including grounds for a
motion to dismiss under the Rules of Court;
5. State the law, rule, or regulation relied upon;
6. Address each of the causes of action stated in
the complaint;
7. State the facts upon which he relies for his
defense, including affidavits of witnesses and
copies of documentary and other evidence
supportive of such cause or causes of action;
8. State any compulsory counterclaim/s and
cross-claim/s; and
9. State the relief sought.
The answer to counterclaims or cross-claims shall be
filed within ten (10) days from service of the answer
in which they are pleaded.
SEC. 7. Effect of failure to answer. – If the defendant
fails to answer within the period above provided, he
shall be considered in default. Upon motion or motu
proprio, the court shall render judgment either
dismissing the complaint or granting the relief prayed
for as the records may warrant. In no case shall the
court award a relief beyond or different from that
prayed for.
SEC. 8. Affidavits, documentary and other evidence.
– Affidavits shall be based on personal knowledge,
shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant
is competent to testify on the matters stated therein.
The affidavits shall be in question and answer form,
and shall comply with the rules on admissibility of
evidence.
Affidavits of witnesses as well as documentary and
other evidence shall be attached to the appropriate
pleading; Provided, however, that affidavits,
documentary and other evidence not so submitted may
be attached to the pre-trial brief required under these
Rules. Affidavits and other evidence not so submitted
shall not be admitted in evidence, except in the
following cases:
1. Testimony of unwilling, hostile, or adverse
party witnesses. A witness is presumed prima
facie hostile if he fails or refuses to execute an
affidavit after a written request therefor;
2. If the failure to submit the evidence is for
meritorious and compelling reasons; and
3. Newly discovered evidence.
In case of (2) and (3) above, the affidavit and evidence
must be submitted not later than (5) days prior to its
introduction in evidence.
RULE 3 - MODES OF DISCOVERY
SEC. 1. In general. – A party can only avail of any of
the modes of discovery not later than (15) days from
the joinder of issues.
SEC. 2. Objections. – Any mode of discovery such as
interrogatories, request for admission, production or
inspection of documents or things, may be objected to
within (10) days from receipt of the discovery device
and only on the ground that the matter requested is
patently incompetent, immaterial, irrelevant or
privileged in nature.
The court shall rule on the objections not later than
(15) days from the filing thereof.
SEC. 3. Compliance. – Compliance with any mode of
discovery shall be made within (10) days from receipt
of the discovery device, or if there are objections,
from receipt of the ruling of the court.
SEC. 4. Sanctions. – The sanctions prescribed in the
Rules of Court for failure to avail of, or refusal to
comply with, the modes of discovery shall apply. In
addition, the court may, upon motion, declare a party
non-suited or as in default, as the case may be, if the
refusal to comply with a mode of discovery is patently
unjustified.
RULE 4 - PRE-TRIAL
SEC. 1. Pre-trial conference; mandatory nature. –
Within (5) days after the period for availment of, and
compliance with, the modes of discovery prescribed in
Rule 3 hereof, whichever comes later, the court shall
issue and serve an order immediately setting the case
for pre-trial conference and directing the parties to
submit their respective pre-trial briefs. The parties
shall file with the court and furnish each other copies
of their respective pre-trial brief in such manner as to
ensure its receipt by the court and the other party at
least (5) days before the date set for the pre-trial.
The parties shall set forth in their pre-trial briefs,
among other matters, the following:
1. Brief statement of the nature of the case,
which shall summarize the theory or theories
of the party in clear and concise language;
2. Allegations expressly admitted by either or
both parties;
3. Allegations deemed admitted by either or both
parties;
4. Documents not specifically denied under oath
by either or both parties;
5. Amendments to the pleadings;
6. Statement of the issues, which shall separately
summarize the factual and legal issues
involved in the case;
7. Names of witnesses to be presented and the
summary of their testimony as contained in
their affidavits supporting their positions on
each of the issues;
8. All other pieces of evidence, whether
documentary or otherwise and their respective
purposes;
9. Specific proposals for an amicable settlement;
10. Possibility of referral to mediation or other
alternative modes of dispute resolution;
11. Proposed schedule of hearings; and
12. Such other matters as may aid in the just and
speedy disposition of the case.
SEC. 2. Nature and purpose of pre-trial conference.
– During the pre-trial conference, the court shall, with
its active participation, ensure that the parties consider
in detail all of the following:
1. The possibility of an amicable settlement;
2. Referral of the dispute to mediation or other
forms of dispute resolution;
3. Facts that need not be proven, either because
they are matters of judicial notice or expressly
or deemed admitted;
4. Amendments to the pleadings;
5. The possibility of obtaining stipulations and
admissions of facts and documents;
6. Objections to the admissibility of testimonial,
documentary and other evidence;
7. Objections to the form or substance of any
affidavit, or part thereof;
8. Simplification of the issues;
9. The possibility of submitting the case for
decision on the basis of position papers,
affidavits, documentary and real evidence;
10. A complete schedule of hearing dates; and
11. Such other matters as may aid in the speedy
and summary disposition of the case.
SEC. 3. Termination. – The preliminary conference
shall be terminated not later than (10) days after its
commencement, whether or not the parties have
agreed to settle amicably.
SEC. 4. Judgment before pre-trial. – If, after
submission of the pre-trial briefs, the court determines
that, upon consideration of the pleadings, the
affidavits and other evidence submitted by the parties,
a judgment may be rendered, the court may order the
parties to file simultaneously their respective
memoranda within a non-extendible period of (20)
days from receipt of the order. Thereafter, the court
shall render judgment, either full or otherwise, not
later than (90) days from the expiration of the period
to file the memoranda.
SEC. 5. Pre-trial order; judgment after pre-trial. –
The proceedings in the pre-trial shall be recorded.
Within (10) days after the termination of the pre-trial,
the court shall issue an order which shall recite in
detail the matters taken up in the conference, the
actions taken thereon, the amendments allowed in the
pleadings, and the agreements or admissions made by
the parties as to any of the matters considered. The
court shall rule on all objections to or comments on
the admissibility of any documentary or other
evidence, including any affidavit or any part thereof.
Should the action proceed to trial, the order shall
explicitly define and limit the issues to be tried and
shall strictly follow the form set forth in Annex "A" of
these Rules.
The contents of the order shall control the subsequent
course of the action, unless modified before trial to
prevent manifest injustice.
After the pre-trial, the court may render judgment,
either full or partial, as the evidence presented during
the pre-trial may warrant.
RULE 5 - TRIAL
SEC. 1. Witnesses. – If the court deems necessary to
hold hearings to determine specific factual matters
before rendering judgment, it shall, in the pre-trial
order, set the case for trial on the dates agreed upon by
the parties.
Only persons whose affidavits were submitted may be
presented as witnesses, except in cases specified in
Sec. 8, Rule 2 of these Rules. The affidavits of the
witnesses shall serve as their direct testimonies,
subject to cross-examination in accordance with
existing rules on evidence.
SEC. 2. Trial schedule. – Unless judgment is
rendered pursuant to Rule 4 of these Rules, the initial
hearing shall be held not later than (30) days from the
date of the pre-trial order. The hearings shall be
completed not later than (60) days from the date of the
initial hearing, (30) days of which shall be allotted to
the plaintiffs and (30) days to the defendants in the
manner prescribed in the rep-trial order. The failure of
a party to present a witness on a scheduled hearing
date shall be deemed a waiver of such hearing date.
However, a party may present such witness or
witnesses within his remaining allotted hearing dates.
SEC. 3. Written offer of evidence. – Evidence not
otherwise admitted by the parties or ruled upon by the
court during the pre-trial conference shall be offered
in writing not later than (5) days from the completion
of the presentation of evidence of the party concerned.
The opposing party shall have (5) days from receipt of
the offer to file his comments or objections. The court
shall make its ruling on the offer within (5) days from
the expiration of the period to file comments or
objections.
SEC. 4. Memoranda. – Immediately after ruling on
the last offer of evidence, the court shall order the
parties to simultaneously file, within (30) days from
receipt of the order, their respective memoranda. The
memoranda shall contain the following:
1. A "Statement of the Case," which is a clear
and concise statement of the nature of the
action and a summary of the proceedings;
2. A "Statement of the Facts," which is a clear
and concise statement in narrative form of the
established facts, with reference to the
testimonial, documentary or other evidence in
support thereof;
3. A "Statement of the issues," which is a clear
and concise statement of the issues presented
to the court for resolution;
4. The "Arguments," which is a clear and concise
presentation of the argument in support of
each issue; and
5. The "Relief," which is a specification of the
order or judgment which the party seeks to
obtain.
No reply memorandum shall be allowed.
SEC. 5. Decision after trial. – The court shall render
a decision not later than (90) days from the lapse of
the period to file the memoranda, with or without said
pleading having been filed.
RULE 6 - ELECTION CONTESTS
SEC. 1. Cases covered. – The provisions of this rule
shall apply to election contests in stock and non-stock
corporations.
SEC. 2. Definition. – An election contest refers to any
controversy or dispute involving title or claim to any
elective office in a stock or non-stock corporation, the
validation of proxies, the manner and validity of
elections, and the qualifications of candidates,
including the proclamation of winners, to the office of
director, trustee or other officer directly elected by the
stockholders in a close corporation or by members of
a non-stock corporation where the articles of
incorporation or by-laws so provide.

SEC. 3. Complaint. – In addition to the requirements

in Sec. 4, Rule 2 of these Rules, the complaint in an
election contest must state the following:

1. The case was filed within (15) days from the

date of the election if the by-laws of the
corporation do not provide for a procedure for
resolution of the controversy, or within (15)
days from the resolution of the controversy by
the corporation as provided in its by-laws; and
2. The plaintiff has exhausted all intra-corporate
remedies in election cases as provided for in
the by-laws of the corporation.

SEC. 4. Duty of the court upon the filing of the

complaint. – Within (2) days from the filing of the
complaint, the court, upon a consideration of the
allegations thereof, may dismiss the complaint
outright if it is not sufficient in form and substance, or,
if it is sufficient, order the issuance of summons
which shall be served, together with a copy of the
complaint, on the defendant within (2) days from its
issuance.

SEC. 5. Answer. – The defendant shall file his answer

to the complaint, serving a copy thereof on the
plaintiff, within (10) days from service of summons
and the complaint. The answer shall contain the
matters required in Sec. 6, Rule 2 of these Rules.

SEC. 6. Affidavits, documentary and other evidence.

– The parties shall attach to the complaint and answer
the affidavits of witnesses, documentary and other
evidence in support thereof, if any.

Acting on the Memorandum of the Committee on SEC

Cases submitting for this Court’s consideration and
approval the Proposed Interim Rules of Procedure for Intra-
Corporate Controversies, the Court Resolved to
APPROVE the same.

The Interim Rules shall take effect on April 1, 2001

following its publication in two (2) newspapers of general
circulation.

March 13, 2001, Manila


A.M. No. 08-8-7-SC November 21, 2000
RE: THE RULE OF PROCEDURE FOR SMALL
CLAIMS CASES
Acting on the recommendation of the Chairperson,
Technical Working Group, Committee on Revision of
the Rules of Court, submitting for the consideration
and approval of the Court the proposed "The Rule of
Procedure for Small Claims Cases," the Court
Resolved to APPROVE the same.
The Rule shall take effect on Oct. 01, 2008 following
its publication 2 newspaper of general circulation.
September 9, 2008
RULE OF PROCEDURE FOR SMALL CLAIMS
CASES
Sec. 1. Title. - This Rule shall be known as " The Rule
of Procedure for Small Claims Cases."
Sec. 2. Scope. - This Rule shall govern the procedure
in actions before the MeTCs, MTCs in Cities, MTCs
and MCTCs for payment of money where the value of
the claim does not exceed P100,000.00 exclusive of
interest and costs.
Sec. 3. Definiton of Terms.
(a) Plaintiff - refers to the party who initiated a
small claims action. The term includes a defendant
who has filed a counterclaim against plainfill;
(b) Defendant - is the party against whom the
plaintiff has filed a small claims action. The term
includes a plaintiff against whom a defendant has
filed a claim, or a person who replies to the claim;
(c) Person - is an individual, corporation,
partnership, limited liability partnership,
association, or other juridical entity endowed with
personality by law;
(d) Individual - is a natural person;
(e) Motion - means a party's request, written or oral,
to the court for an orderaction. It shall include an
informal written request to the court, such as a
letter;
(f) Good cause - means circumtances sufficient to
justify the requested order or other action, as
determined by the judge; and
(g) Affidavit - means a written statement or
declaration of facts that are shown or affirmed to be
true.
Sec. 4. Applicability - The MeTCs, MTCs in Cities,
MTCs, and MCTCs shall apply this Rule in all actions
which are; (a) purely civil in nature where the claim or
relief prayed for by the plaintiff is solely for payment
or reimbursement of sum of money, and (b) the civil
aspect of criminal action, or reserved upon the filing
of the criminal action in court, pursuant to Rule of 111
of the Revised Rules of Criminal Procedure.
These claims or demands may be;
(a) For money owned under any of the
following;
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the
following;
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
 (c) The enforcement of a barangay amicable
settlement or an arbitration award involving a
money claim covered by this Rule pursuant to
Sec. 417 of RA 7160, otherwise known as the
LGC of 1991.
Sec. 5. Commencement of Small Claims Action. - A
small claims action is commenced by filing with the
court an accomplished and verified Statement of
Claim (Form 1 - SCC) in duplicate, accompanied by a
Certification of Non-forum Shopping (Form 1-
A,SCC), and two (2) duly certified photocopies of the
actionable document/s subjects of the claim, as well as
the affidavits of witnesses and other evidence to
support the claim. No evidence shall be allowed
during the hearing which was not attached to or
submitted together with the Claim, unless good cause
is shown for the admission of additional evidence.
No formal pleading, other than the Statement of Claim
described in this Rule, is necessary to initiate a small
claims action.
Sec. 6. Joinder of Claims - Plaintiff may join in a
single statement of claim one or more separate small
claims against a defendant provided that the total
amount claimed, exclusive of interest and costs, does
not exceed P100,00.00.
Sec. 7. Affidavits - The affidavits submitted under this
Rule shall state only facts of direct personal
knowledge of the affiants which are admissible in
evidence.
A violation of this requirement shall subject the party,
and the counsel who assisted the party in the
preparation of the affidavits, if any, to appropriate
disciplinary action. The inadmissible affidavit(s) or
portion(s) thereof shall be expunged from the record.
Sec. 8. Payment of Filing Fees. - The plaintiff shall
pay the docket and other legal fees prescribed under
Rule 141 of the Revised Rules of Court, unless
allowed to litigate as an indigent.
A claim filed with a motion to sue as indigent (Form
6-SCC) shall be referred to the Executive Judge for
immediate action in case of multi-sala courts, or to the
Presiding Judge of the court hearing the small claims
case. If the motion is granted by the Executive Judge,
the case shall be raffled off or assigned to the court
designated to hear small claims cases. If the motion is
denied, the plaintiff shall be given (5) days within
which to pay the docket fees, otherwise, the case shall
be dismissed without prejudice. In no case shall a
party, even if declared an indigent, be exempt from the
payment of the P1,000.00 fee for service of summons
and processes in civil cases.
Sec. 9. Dismissal of the Claim. - After the court
determines that the case falls under this Rule, it may,
from an examination of the allegations of the
Statement of Claim and such evidence attached
thereto, by itself, dismiss the case outright of any of
the grounds apparent from the Claim for the dismissal
of a civil action.
Sec. 10. Summons and Notice of Hearing - If no
ground for dismissal is found, the court shall forthwith
issue Summons (Form 2-SCC) on the day of receipt of
the Statement of Claim, directing the defendant to
submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to
both parties, directing them to appear before it on a
specific date and time for hearing, with a warning that
no unjustified postponement shall be allowed, as
provided in Sec. 19 of this Rule.
The summons and notice to be served on the
defendant shall be accompanied by a copy of the
Statement of Claim and documents submitted by
plaintiff, and a copy of the Response (Form 3-SCC) to
be accomplished by the defendant. The Notice shall
contain an express prohibition against the filing of a
motion to dismiss or any other motion under Sec. 14
of this Rule.
Sec. 11. Response - The defendant shall file with the
court and serve on the plaintiff a duly accomplished
and verified Response within a non - extendible
period of (10) days from receipt of summons. The
Response shall be accompanied by certified
photocopies of documents, as well as affidavits of
witnesses and other evidence in support thereof. No
evidence shall be allowed during the hearing which
was not attached to or submitted together with the
Response, unless good cause is shown for the
admission of additional evidence.
Sec. 12. Effect of Failure to File Response - Should
the defendant fail to file his response within the
required period, the court by itself shall render
judgement as may be warranted by the facts alleged in
the Statement of claim limited to what is prayed for.
The court however, may, in its discretion, reduce the
amount of damages for being excessive or
unconscionable
Sec. 13. Counterclaims Within the Coverage of this
Rule - If at the time the action is commenced, the
defendant possesses a claim against the plaintiff that
(a) is within the coverage of this rule, exclusive of
interest and costs; (b) arises out of the same
transaction or event that is the subject matter of the
plaintiff's claim; (c) does not require for its
adjudication the joinder of third parties; and (d) is not
the subject of another pending action, the claim shall
be filed as a counterclaim in the response; otherwise,
the defendant shall be barred from suit on the
counterclaim.
The defendant may also elect to the file a
counterclaim against the plaintiff that does not arise
out of the same transaction or occurrence , provided
that the amount and nature thereof are within the
coverage of this Rule and the prescribed docket and
the other legal fees are paid.
Sec. 14. Prohibited Pleadings and Motions - The
following pleadings, motions, and petitions shall not
be allowed in the cases covered by this Rule:
(a) Motion to dismiss the compliant except on
the ground of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration
of a judgement, or for reopening of trial;
(d) Petiton for relief from judgement;
(e) Motion for extension of time to file
pleadings, affidavits, or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
Sec. 15. Availability of Forms; Assistance by Court
Personnel. - The Clerk of Court or other personnel
shall provide such assistance as may be requested by a
plaintiff or a defendant regarding the availability of
forms and other information about the coverage,
requirements as well as procedure for small claims
cases.
Sec. 16. Appearance. - the parties shall appear at the
designated date of hearing personally or through a
representative authorized under a Special Power of
Attorney (Form 5-SCC ) to enter into an amicable
settlement, to submit of Judicial Dispute Resolution
(JDR) and to enter into stipulations or admissions of
facts and of documentary exhibits
Sec. 17. Appearance of Attorneys Not Allowed. - No
attorney shall appear in behalf of or represent a party
at the hearing, unless the attorney is the plaintiff or
defendant.
If the court determines that a party cannot properly
present his/her claim or defense and needs assistance,
the court may, in its discretion, allow another
individual who is not an attorney to assist that party
upon the latter's consent.
Sec. 18. Non-appearance of Parties. - Failure of the
plaintiff to appear shall be cause for the dismissal of
the claim without prejudice. The defendant who
appears shall be entitled to judgement on a permissive
counterclaim.
Failure of the defendant to appear shall have the same
effect as failure to file a Response under Sec. 12 of
this Rule. This shall not apply where one of two or
more defendants who are sued under a common cause
of action and have pleaded a common defense appears
at the hearing.
Failure of both parties to appear shall cause the
dismissal with prejudice of both the claim and
counterclaim.
Sec. 19. Postponement When Allowed. - A request for
postponement of a hearing may be granted only upon
proof of the physical inability of the party to appear
before the court on the scheduled date and time. A
party may avail of only one (1) postponement.
Sec. 20. Duty of the Court. - At the beginning of the
court session, the judge shall read aloud a short
statement explaining the nature, purpose and the rule
of procedure of small claims cases.

Sec. 21. Judicial Dispute Resolution. - At the hearing,

the judge shall conduct (JDR) through mediation,
conciliation, early neutral evaluation, or any other
mode of JDR. Any settlement (Form 7-SCC) or
resolution (Form 8-SCC) of the dispute shall be
reduced into writing, signed by the parties and
submitted to the court for approval (Form 12-SCC).

Sec. 22. Failure of JDR. - If JDR fails and the parties

agree in writing (Form 10-SCC) that the hearing of the
case shall be presided over by the judge who
conducted the JDR, the hearing shall so proceed in an
informal and expeditious manner and terminated
within one (1) day.

Absent such agreement, (a) in case of a multi-sala

court , the case shall, on the same day, be transmitted
(Form 11-SCC) to the Office of the Clerk of Court for
immediate referral by the Executive Judge to the
pairing judge for hearing and decision within five (5)
working days from referral; and (b) in case of single
sala court, the pairing judge shall hear and decide the
case in the court of origin within five (5) working
days from referral by the JDR judge.

Sec. 23. Decision. - After the hearing, the court shall

render its decision on the same day, based on the facts
established by the evidence (Form 13-SCC). The
decision shall immediately be entered by the Clerk of
Court in the court docket for civil cases and a copy
thereof forthwith served on the parties.

The decision shall be final and unappealable.

Sec. 24. Execution. - If the decision is rendered in

favor of the plaintiff, execution shall issue upon
motion (Form 9-SCC).

Sec. 25. Applicability. of the Rules of Civil Procedure

- The Rules of Civil procedure shall apply suppletorily
insofar as they are not inconsistent with this rule.

Sec. 26. Effectivity. - This Rule shall take effect on

October 01, 2008 for the pilot courts designated to
apply the procedure for small claims cases following
its publication in two newspaper of general
circulation.