B.
KINDS OF JURISDICTION continuous and must be completed within three (3) months, unless extended by
BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
PRELIMINARY CHAPTER
Section 1. Title. – This Act shall be known as "The Judiciary Reorganization
Act of 1980."
Section 2. Scope. – The reorganization herein provided shall include the Court
of Appeals, 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
Section 3. Organization. – There is hereby created a Court of Appeals 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 Exec. Order No. 33,, July 28, 1986.)
Section 4. Exercise of powers and functions. – The Court Appeals shall
exercise its powers, functions, and duties, through seventeen (17) divisions,
each composed of three (3) members. The Court may sit en banc only for the
purpose of exercising administrative, ceremonial, or other non-adjudicatory
functions. (as amended by Exec. Order No. 33,.)
Section 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.
Section 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.
Section 7. Qualifications. – The Presiding Justice and the Associate Justice
shall have the same qualifications as those provided in Constitution for Justice
of the Supreme Court.
Section 8. Grouping of Divisions. – (Expressly repealed by Section 4, Exec.
Order No. 33, July 28, 1986.)
Section 9. Jurisdiction. – The Court of Appeals 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
Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders
or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including the Securities and
Exchange Commission, the Social Security Commission, the Employees
Compensation Commission and the Civil Service Commission, Except those
falling within the appellate jurisdiction of the Supreme Court in accordance with
the Constitution, the Labor Code of the Philippines under Presidential Decree
No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the
third paragraph and subparagraph 4 of the fourth paragraph od Section 17 of
the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual
issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or Appeals must be
the Chief Justice. (as amended by R.A. No. 7902.)
Section 10. Place of holding sessions. – The Court of Appeals shall have its
permanent station in the City of Manila. Whenever demanded by public interest,
the Supreme Court, 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
Supreme Court may determine, for the purpose of hearing and deciding cases.
Section 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 ninety (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 Exec. Order No. 33, July 28, 1986.)
Section 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 Supreme Court, which rules and orders
shall be effective fifteen (15) days after receipt thereof, unless directed
otherwise by the Supreme Court.
CHAPTER II
REGIONAL TRIAL COURTS
Section 13. Creation of Regional Trial Courts. – There are hereby created
thirteen (13) Regional Trial Courts, one for each of the following 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.
Section 14. Regional Trial Courts.
(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.
Section 15. Qualifications. – No persons shall be appointed Regional Trial
Judge unless he is a natural-born citizen of the Philippines, at least thirty-five
years of age, and for at least ten years, has been engaged in the practice of
law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite.
Section 16. Time and duration of sessions. – The time and duration of daily
sessions of the Regional Trial Courts shall be determined by the Supreme
Court: 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 Supreme Court may, for
good reasons, fix a different motion day in specified areas
Section 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
Supreme Court 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 six (6) months without the consent of the Regional
Trial Judge concerned.
A Regional Trial Judge may be assigned by the Supreme Court 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 section.
Section 18. Authority to define territory appurtenant to each branch. – The
Supreme Court shall define the territory over which a branch of the Regional
Trial Court 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 Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts 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.
Section 19. Jurisdiction in civil cases. – Regional Trial Courts 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 Twenty thousand pesos (P20,000.00) or for civil actions in Metro
Manila, where such the value exceeds Fifty thousand pesos (50,000.00) except
actions for forcible entry into and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred upon Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction where he demand or
claim exceeds One hundred thousand pesos (P100,000.00) or , in Metro
Manila, where such demand or claim exceeds Two hundred thousand pesos
(200,000.00);
(4) In all matters of probate, both testate and intestate, where the gross value
of the estate exceeds One hundred thousand pesos (P100,000.00) or, in
probate matters in Metro Manila, where such gross value exceeds Two
hundred thousand pesos (200,000.00);
(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 One hundred thousand pesos (100,000.00) or,
in such other abovementioned items exceeds Two hundred thousand pesos
(200,000.00). (as amended by R.A. No. 7691*)
Section 20. Jurisdiction in criminal cases. – Regional Trial Courts 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.
Section 21. Original jurisdiction in other cases. – Regional Trial Courts 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.
Section 22. Appellate jurisdiction. – Regional Trial Courts shall exercise
appellate jurisdiction over all cases decided by Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective
territorial jurisdictions. Such cases shall be decided on the basis of the entire
record of the proceedings had in the court of origin and such memoranda
and/or briefs as may be submitted by the parties or required by the Regional
Trial Courts. The decision of the Regional Trial Courts in such cases shall be
appealable by petition for review to the
Court of Appeals which may give it due course only when the petition
shows prima facie that the lower court has committed an error of fact or law
that will warrant a reversal or modification of the decision or judgment sought to
be reviewed.
Section 23. Special jurisdiction to try special cases. – The Supreme Court may
designate certain branches of the Regional Trial Courts to handle exclusively
criminal cases, juvenile and domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the jurisdiction of quasi-judicial
bodies and agencies, and/or such other special cases as the Supreme Court
may determine in the interest of a speedy and efficient administration of justice.
Section 24. Special Rules of Procedure. – Whenever a Regional Trial Court
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 Supreme Court.
CHAPTER III
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS
Section 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts Five branches for Olongapo City;
and Municipal Circuit Trial Courts. – There shall be created a Metropolitan Trial
Court in each metropolitan area established by law, a Municipal Trial Court in
each of the other cities or municipalities, and a Municipal Circuit Trial Court in Three branches for Cabanatuan City;
each circuit comprising such cities and/or municipalities as are grouped
together pursuant to law. Two branches for San Jose City;

Section 26. Qualifications. – No person shall be appointed judge of a Three branches for Angeles City;
Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court
unless he is a natural-born citizen of the Philippines, at least 30 years of age,
and, for at least five years, has been engaged in the practice of law in the Two branches for Cavite City;
Philippines, or has held a public office in the Philippines requiring admission to
the practice of law as an indispensable requisite.
Two branches for Batangas City;

Section 27. Metropolitan Trial Courts of the National Capital Region. – There
Two branches for Lucena City;
shall be a Metropolitan Trial Court in the National Capital Region, to be known
as the Metropolitan Trial Court of Metro Manila, which shall be composed of
eighty-two (82) branches. There shall be: Three branches for Naga City;

Thirty branches (Branches I to XXX) for the city of Manila with seats thereat; Two branches for Iriga City;

Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats thereat; Three branches for Legaspi City;

Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat; Two branches for Roxas City;

Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat; Four branches for Iloilo City;

One branch (Branch LIV) for Navotas with seat thereat; Seven branches for Bacolod City;

Two branches (Branches LV and LVI) for Malabon with seats thereat; Two branches for Dumaguete City;

Two branches (Branches LVII and LVIII) for San Juan with seats thereat; Two branches for Tacloban City;

Two branches (Branches LIX and LX) for Mandaluyong with seats thereat; Eight branches for Cebu City;

Seven branches (Branches LXI and LXVII) for Makati with seats thereat; Three branches for Mandaue City;

Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat; Two branches for Tagbilaran City;

One branch (Branch LXXIII) for Pateros with seat thereat; Two branches for Surigao City;

One branch (Branch LXXIV) for Taguig with seat thereat; Two branches for Butuan City;

Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat; Five branches for Cagayan de Oro City;

Two branches (Branches LXXVII and LXXVIII) for Parañaque with seats Seven branches for Davao City;
thereat;

Three branches for General Santos City;

One branch (Branch LXXIX) for Las Piñas with seat thereat;

Two branches for Oroquieta City;

One branch (Branch LXXX) for Muntinlupa with seat thereat;

Three branches for Ozamis City;

Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats thereat;

Two branches for Dipolog City;

Section 28. Other Metropolitan Trial Courts. – The Supreme Court shall
constitute Metropolitan Trial Courts in such other metropolitan areas as may be
established by law whose territorial jurisdiction shall be co-extensive with the Four branches for Zamboanga City;
cities and municipalities comprising the metropolitan area.
Two branches for Pagadian City; and
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 Two branches for Iligan City.
court and the seat thereof to which he shall be originally assigned. A
Metropolitan Trial Judge may be assigned by the Supreme Court to any branch
within said metropolitan area as the interest of justice may require, and such Section 30. Municipal Trial Courts. – In each of the municipalities that are not
assignment shall not be deemed an assignment to another station within the comprised within a metropolitan area and a municipal circuit there shall be a
meaning of this section. Municipal Trial Court which shall have one branch, except as hereunder
provided:

Section 29. Municipal Trial Courts in cities. – In every city which does not form
part of a metropolitan area, there shall be a Municipal Trial Court with one Two branches for San Fernando, La Union;
branch, except as hereunder provided:
Four branches for Tuguegarao;
Two branches for Laoag City;
Three branches for Lallo, and two branches for Aparri, both of Cagayan;
Four branches for Baguio City;
Two branches for Santiago, Isabela;
Three branches for Dagupan City;
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.
Section 31. Municipal Circuit Trial Court. – There shall be a Municipal Circuit
Trial Court 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 Administrative Order No. 33, issued on
June 13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537,
are hereby constituted as municipal circuits for purposes of the establishment
of the Municipal Circuit Trial Courts, and the appointment thereto of Municipal
Circuit Trial Judges: Provided, however, That the Supreme Court 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
Presidential Decree No. 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 Supreme Court shall determine the city or municipality where the Municipal
Circuit Trial Court shall hold sessions.
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within
the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine,
and regardless of other imposable accessory or other penalties, including the
civil liability arising from such offenses or predicated thereon, irrespective of
kind, nature, value, or amount thereof: Provided, however, That in offenses
involving damage to property through criminal negligence they shall have
exclusive original jurisdiction thereof. (as amended by R.A, No. 7691)
Section 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in civil cases. – Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts 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 One hundred thousand pesos (P100,000.00) or, in
Metro Manila where such personal property, estate, or amount of the demand
does not exceed Two hundred thousand pesos (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 Twenty thousand pesos
(P20,000.00) or, in civil actions in Metro Manila, where such assessed value
does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be determined by the
assessed value of the adjacent lots. (as amended by R.A. No. 7691)
Section 34. Delegated jurisdiction in cadastral and land registration cases. –
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts may be assigned by the Supreme Court 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
One hundred thousand pesos (P100,000.00), such value to be ascertained by
the affidavit of the claimant or by agreement of the respective claimants if there
are more than one, or from the corresponding tax declaration of the real
property. Their decisions in these cases shall be appealable in the same
manner as decisions of the Regional Trial Courts. (as amended by R.A. No.
7691)
Section 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.
Section 36. Summary procedures in special cases. – In Metropolitan Trial
Courts and Municipal Trial Courts with at least two branches, the Supreme
Court may designate one or more branches thereof to try exclusively forcible
entry and unlawful detainer cases, those involving violations of traffic laws,
rules and regulations, violations of the rental law, and such other cases
requiring summary disposition as the Supreme Court may determine. The
Supreme Court 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.
Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts,
except those in the National Capital Region, of Municipal Trial Courts, and
Municipal Circuit Trial Courts shall have authority to conduct preliminary
investigation of crimes alleged to have been committed within their respective
territorial jurisdictions which are cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in accordance with the
procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of
Presidential Decree No. 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.
Section 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
Regional Trial Courts 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 Supreme Court may hereafter prescribe.
(2) All processes issued by the Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts, in cases falling within their jurisdiction, may
be served anywhere in the Philippines without the necessity of certification by
the Judge of the Regional Trial Court.
CHAPTER IV
GENERAL PROVISIONS
Section 39. Appeals. – The period for appeal from final orders, resolutions,
awards, judgments, or decisions of any court in all cases shall be fifteen (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 forty-eight (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 section 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.
Section 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.
Section 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 Letter of Implementation No.
93 pursuant to Presidential Decree No. 985, as amended by Presidential
Decree No. 1597.
Section 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.
Section 43. Staffing pattern. – The Supreme Court shall submit to the
President, within thirty (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.
Section 44. Transitory provisions. – The provisions of this Act shall be
immediately carried out in accordance with an Executive Order to be issued by
the President. The Court of Appeals, 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 Batas Pambansa Blg.
80. Said funding shall thereafter be included in the annual General
Appropriations Act.
Section 45. Shari'a Courts. – Shari'a Courts to be constituted as provided for in
Presidential Decree No. 1083, otherwise known as the "Code of Muslim
Personal Laws of the Philippines," shall be included in the funding
appropriations so provided in this Act.
Section 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.
Section 47. Repealing clause. – The provisions of Republic Act No. 296,
otherwise known as the Judiciary Act of 1948, as amended, of Republic Act 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.
a. General Jurisdiction
Regional Trial Court
DURISOL PHILIPPINES, INC., petitioner, vs. COURT OF
APPEALS,
This is a petition for review of the decision of the Court of Appeals in CA-G.R.
SP No. 35069 dated January 20, 1995, dismissing petitioner Durisol
Philippines, Inc.s petition for annulment of judgment.[1]
On January 17, 1962 and December 5, 1969, petitioner Durisol obtained
industrial loans from respondent Development Bank of the Philippines (DBP)
amounting to P1,213,000.00 and P2,698,800.00, respectively. As security
therefor, petitioner executed a mortgage on two parcels of registered land
located in Polo (now Valenzuela), Bulacan, covered by Transfer Certificates of
Title Nos. 29906 and 29909.
After petitioner defaulted in the payment of the loans, DBP instituted on August
21, 1970 a petition for the extrajudicial foreclosure of mortgage. On March 6,
1972, petitioners president, Rene Knecht, borrowed from DBP the two TCTs
purportedly to obtain new titles in accordance with the approved subdivision
plan of the properties. DBP agreed provided that the banks existing
encumbrances, including the mortgage, shall be annotated on all the new
certificates of title.
In the meantime, the foreclosure sale was held, wherein DBP emerged as the
highest bidder. On October 9, 1973, the corresponding certificates of sale were
issued to DBP. Petitioner, however, filed a complaint for annulment of the
extrajudicial foreclosure before the then Court of First Instance (CFI) of
Valenzuela, Bulacan, docketed as Civil Case No. 605-V. The CFI rendered
judgment upholding the validity of the foreclosure. Petitioner appealed to the
Court of Appeals, which affirmed the decision of the CFI. The decision of the
Court of Appeals became final on April 30, 1975.
Petitioner was able to obtain TCT Nos. T-167751 and T-167752 in lieu of the
mother title, TCT No. 29906, and TCT Nos. T-187023 to T-187027 in lieu of the
other mother title, TCT No. 29909, all issued in its name.
Contrary to its promise, however, petitioner never returned the titles to the
properties to DBP. Thus, despite having purchased the properties at the
foreclosure sale, DBP was unable to register the property in its
name. On February 25, 1977, DBP instituted before the Court of First Instance
of Valenzuela, Bulacan, Branch VIII, a petition for surrender of the owners
duplicate titles covering the foreclosed properties, docketed as (AD) Case No.
35-V-77, LRC Record No. 5941.[2]
Petitioner filed its answer, raising the defenses that the petition fails to state a
cause of action; that it had already paid its loans to DBP; that it had a valid
adverse claim on the properties covered by the seven new titles; and that DBPs
action was barred by laches and estoppel.[3] DBP filed a reply alleging that
petitioner failed to exercise its right of redemption of the properties which were
sold at public auction after foreclosure of the mortgage thereof.
On April 15, 1977, the trial court rendered summary judgment, ordering
petitioner to surrender to the court within five days the seven certificates of
title.[4] Petitioner filed a motion for reconsideration, which contained an
alternative prayer to record in the titles its adverse claim representing the
amount of improvements it introduced on the property.[5] The lower court
denied petitioners motion for reconsideration in an Order dated August 22,
1977.[6]
Petitioner thus appealed to the Intermediate Appellate Court, docketed as
AC-G.R. CV No. 65324. On July 9, 1984, the IAC rendered a decision ordering
that the case be remanded to the lower court for further proceedings.[7] The
IAC held that it was improper for the trial court to render summary judgment
because there were genuine issues involved. This decision became final and
executory.
Respondent DBP filed before the lower court a motion to dispense with the
proceedings and, instead, to pronounce judgment based on the admissions
contained in the pleadings and the decision of the IAC.[8] This motion was
denied.[9] The case was then set for hearing on November 15, 1988. On the
scheduled date, neither petitioner nor its counsel appeared despite due
notice. DBP was therefore allowed to present evidence ex parte.
On January 10, 1989, the trial court issued the following Resolution:
IN VIEW OF ALL THE FOREGOING, the Court hereby holds that the petition
should be granted and the respondent through its President and General
Manager is hereby ordered to surrender and deliver the owners duplicate of
Transfer Certificate of Title Nos. T-187023, T-187024, T-187025, T-187026,
T-187027, T-167751 and T-167752, all of Bulacan Registry, to the Clerk of
Court, or to the petitioner, within five (5) from receipt of this resolution.[10]
Sixteen days after receipt of the copy of the resolution, petitioner filed a motion
for reconsideration alleging that the ex parte presentation of evidence, being
akin to a judgment by default, was done in violation of its right to due
process. The lower court denied the motion for having been filed out of time
and for lack of notice of hearing.[11]
Respondent DBP, thus, filed a motion for execution, which was
granted.[12] The writ, however, was returned unserved because petitioner was
not found in the address stated in the record. An alias writ of execution was
issued against petitioners president, Rene Knecht, but the latter refused to
comply with the order to surrender the titles. Hence, on motion of DBP, an
Order was issued on April 4, 1990 directing the Register of Deeds of Bulacan
to cancel the seven titles and to issue new ones in lieu thereof.[13] Accordingly,
new certificates of title were issued to DBP.[14]
Thereafter, DBP sold the lots covered by TCT Nos. T-180723 to T-180727 and
T-167752 to respondent Manila Fertilizers, Inc.. The latter, in turn, sold the lots
covered by TCT Nos. T-108723 to T-108727 to respondent Polar Mines and
Development Corporation. On the other hand, the property included in TCT No.
T-167751 was sold by DBP to respondent spouses Villarama, for which TCT
Nos. V-18494 to V-18501 were issued, and to respondents Rolando Ang See,
Remedios Reyes, the spouses Cabrales and the spouses Go Gabriel.
More than four years later, or on September 2, 1994, petitioner instituted before
the Court of Appeals a petition to annul the trial courts decision dated January
10, 1989 and Resolution dated April 4, 1990, alleging for the first time that the
trial court had no jurisdiction over the case.[15] Petitioner prayed that the
certificates of title issued in the names of all private respondents, except DBP,
be annulled and that TCT Nos. T-167751 and T-167752 and T-187023-187027
be reinstated.
On January 20, 1995, the Court of Appeals rendered the now assailed decision
dismissing the petition for annulment of judgment.[16] Petitioner Durisols
subsequent motion for reconsideration was likewise denied for lack of
merit.[17] Hence this petition.
The issues raised in this petition are: (1) whether or not the trial court had
jurisdiction over the petition for issuance of new duplicate owners certificate of
title; and (2) whether or not petitioner was estopped from challenging the courts
lack of jurisdiction.
The first paragraph of Rule 47, Section 2, of the 1997 Rules of Civil Procedure
provides:
Grounds for annulment. The annulment may be based only on the ground of
extrinsic fraud and lack of jurisdiction.
At the outset, it should be stressed that in a petition for annulment of judgment
based on lack of jurisdiction, petitioner must show not merely an abuse of
jurisdictional discretion but an absolute lack of jurisdiction. Lack of jurisdiction
means absence of or no jurisdiction, that is, the court should not have taken
cognizance of the petition because the law does not vest it with jurisdiction over
the subject matter. Jurisdiction over the nature of the action or subject matter is
conferred by law.[18]
The regional trial court, formerly the court of first instance, is a court of general
jurisdiction. All cases, the jurisdiction over which is not specifically provided for
by law to be within the jurisdiction of any other court, fall under the jurisdiction
of the regional trial court. But the regional trial court is also a court of limited
jurisdiction over, among others, cadastral and land registration cases. All
proceedings involving title to real property,[19] or specifically land registration
cases, including its incidents such as the issuance of owners duplicate
certificate of title, are matters cognizable by the regional trial courts.[20] It has
been ruled that the regional trial courts have jurisdiction over all actions
involving possession of land, except forcible entry and illegal detainer.[21]
Respondent DBP, after petitioners president unjustly refused to comply with
the directive of the trial court to surrender the seven certificates of title, filed a
petition under Section 107 of the Property Registration Decree (Presidential
Decree No. 1529), to wit:
Surrender of withheld duplicate certificates. --- Where it is necessary to issue a
new certificate of title pursuant to any involuntary instrument which divests the
title of the registered owner against his consent of where a voluntary instrument
cannot be registered by reason of the refusal or failure of the holder to
surrender the owners duplicate certificate of title, the party in interest may file a
petition in court to compel the surrender of the same to the Register of
Deeds. The court, after hearing, may order the registered owner or any person
withholding the duplicate certificate to surrender the same, and direct the entry
of a new certificate or memorandum upon such surrender. If the person
withholding the duplicate certificate is not amenable to the process of the court,
or if for any reason the outstanding owners duplicate certificate cannot be
delivered, the court may order the annulment of the same as well as the
issuance of a new certificate of title in lieu thereof. Such new certificate and all
duplicates thereof shall contain a memorandum of the annulment of the
outstanding duplicate.
The term court in the above-quoted section refers to Courts of First Instance,
now Regional Trial Courts, as provided in Section 2 of the Property
Registration Decree.
Even assuming arguendo that the regional trial court had no jurisdiction over
the surrender of duplicate title, petitioner can no longer raise this ground after
having actively participated in the prosecution of the case. A judgment
rendered by a trial court for alleged lack of jurisdiction cannot be considered
void where the party who has the right to challenge it failed to do so at the first
instance. In the case at bar, petitioner did not raise the defense of lack of
jurisdiction in its answer to respondent DBPs petition for surrender of owners
duplicate certificate. Neither did petitioner file any motion to dismiss on this
ground. On the contrary, petitioner raised the affirmative defenses of failure to
state a cause of action and payment.[22] To be sure, a courts lack of
jurisdiction over the subject matter and the failure of the complaint to state a
cause of action are distinct and separate grounds for dismissal of a case.
As stated, petitioner actively participated in the course of the proceedings both
in the trial court and in the appellate court. In its motion for reconsideration,
petitioner assailed the merits of the decision without raising any argument
pertaining to lack of jurisdiction of the trial court. When the case was elevated
to the IAC and when the case was remanded to the trial court, petitioner did not
allege lack of jurisdiction. In its motion for reconsideration of the trial courts
order directing the issuance of new certificates of title, petitioner again failed to
raise the ground of lack of jurisdiction.
Indeed, it was only two decades after the institution of the case at bar, when the
issue of lack of jurisdiction was first raised. However, it is already too late since
the judgment had already attained finality, considering that more than four
years have elapsed without any action from petitioner.
Rule 47, Section 3 expressly provides that a petition for annulment of judgment
based on lack of jurisdiction must be filed before it is barred by laches or
estoppel. Hence, it has been held that while jurisdiction over the subject matter
of a case may be raised at any time of the proceedings, this rule presupposes
that laches or estoppel has not supervened. Thus:
This Court has time and again frowned upon the undesirable practice of a party
submitting his case for decision and then accepting the judgment, only if
favorable, and attacking it for lack of jurisdiction when adverse. Here, the
principle of estoppel lies. Hence, a party may be estopped or barred from
raising the question of jurisdiction for the first time in a petition before the
Supreme Court when it failed to do so in the early stages of the
proceedings.[23]
Petitioner argues that the then CFI had no jurisdiction when the case was
remanded to it by the then IAC because as a cadastral court, the CFI had
limited jurisdiction. It should be noted, however, that when the CFI took
cognizance of the remanded case, the distinction between the CFI acting as a
land registration court with limited jurisdiction, on the one hand, and a CFI
acting as an ordinary court exercising general jurisdiction, on the other hand,
has already been removed with the effectivity of the Property Registration
Decree (PD 1529). The amendment was aimed at avoiding multiplicity of suits.
The change has simplified registration proceedings by conferring upon the
designated trial courts the authority to act not only on applications for original
registration but also over all petitions filed after original registration of title, with
power to hear and determine all questions arising from such applications or
petition.[24]
WHEREFORE, based on the foregoing, the petition is DENIED. The Decision
of the Court of Appeals in CA-G.R. SP No. 35069 dated January 20 1995 is
AFFIRMED in toto.
b. Special or Limited Jurisdiction
Sandiganbayan
PRESIDENTIAL DECREE No. 1606 December 10, 1978
REVISING PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL
COURT TO BE KNOWN AS "SANDIGANBAYAN" AND FOR OTHER
PURPOSES
WHEREAS, the new Constitution declares that a public office is a public trust
and ordains that public officers and employees shall serve with the highest
degree of responsibility, integrity, loyalty and efficiency and shall remain at all
times accountable to the people;
WHEREAS, to attain the highest norms of official conduct required of public
officers and employees, Section 5, Article XIII of the New Constitution provides
for the creation of a special court to be known as Sandiganbayan;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby order and
decree as follows:
Section 1. Sandiganbayan; composition; qualifications; tenure; removal and
composition. A special court, of the same level as the Court of Appeals and
possessing all the inherent powers of a court of justice, to be known as the
Sandiganbayan is hereby created composed of a Presiding Justice and eight
Associate Justices who shall be appointed by the President.
No person shall be appointed Presiding Justice or Associate Justice of the
Sandiganbayan; unless he is a natural-born citizen of the Philippines, at least
40 years of age and for at least ten years has been a judge of a court of record
or been engaged in the practice of law in the Philippines or has held office
requiring admission to the bar as a pre-requisite for a like period.
The Presiding Justice shall be so designated in his commission and the other
Justices shall have precedence according to the dates of their respective
commissions, or, when the commissions of two or more of them shall bear the
same date, according to the order in which their commissions have been
issued by the President.
The Presiding Justice and the Associate Justices shall not be removed from
office except on impeachment upon the grounds and in the manner provided
for in Sections 2, 3 and 4 of Article XIII of the 1973 Constitution.
The Presiding Justice shall receive an annual compensation of P60,000.00 and
each Associate Justice P55,000.00 which shall not be diminished during their
continuance in office. They shall have the same rank, privileges and other
emoluments, be subject to the same inhibitions and disqualifications, and enjoy
the same retirement and other benefits as those provided for under existing
laws of the Presiding Justice and Associate Justices of the Court of Appeals.
Whenever the salaries of the Presiding Justice and the Associate Justices of
the Court of Appeals are increased, such increases in salaries shall be
correspondingly extended to and enjoyed by the Presiding Justice and the
Associate Justices of the Sandiganbayan.
They shall hold office until they reach the age of 65 years or become
incapacitated to discharge the duties of their office.
Section 2. Official Station; Place of Holding Sessions. The Sandiganbayan
shall have its principal office in the Metro Manila area and shall hold sessions
thereat for the trial and determination of all cases filed with it irrespective of the
place where they may have arisen; Provided, however, that the Presiding
Justice may authorize any division or divisions of court to hold sessions at any
time and place outside Metro Manila to hear and decide cases emanating from
any of the existing judicial districts. Whenever necessary, the Sandiganbayan
may require the services of the personnel and the use of the facilities of any
agency of the Government, national or local, including the courts of first
instance of the province where any of the divisions is holding session, and
those personnel of such agencies or courts shall be subject to the orders of the
Sandiganbayan.
Section 3. Divisions of the Courts; Quorum. The Sandiganbayan shall sit in
three divisions of three Justices each. The three divisions may sit at the same
time.
Three Justices shall constitute a quorum for session in division; Provided, that
when the required quorum cannot be had due to the legal disqualification or
temporary disability of a Justice or of a vacancy occurring therein, the
President shall, upon recommendation of the Presiding Justice, designate any
Justice of the Court of Appeals or Judge of the Court of First Instance or of the
Circuit Criminal Court of the judicial district concerned to sit temporarily therein.
Section 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended, otherwise, known as the
Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees including those
employed in government-owned or controlled corporations, embraced in Title
VII of the Revised Penal Code, whether simple or complexed with other crimes;
and
(c) Other crimes or offenses committed by public officers or employees,
including those employed in government-owned or controlled corporations, in
relation to their office.
The jurisdiction herein conferred shall be original and exclusive if the offense
charged is punishable by a penalty higher than prision correccional, or its
equivalent, except as herein provided; in other offenses, it shall be concurrent
with the regular courts.
In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees including those employed in
government-owned or controlled corporations, they shall be tried jointly with
said public officers and employees.
Where an accused is tried for any of the above offenses and the evidence is
insufficient to establish the offense charged, he may nevertheless be convicted
and sentenced for the offense proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil liability
arising from the offense charged shall at all times be simultaneously instituted
with, and jointly determined in the same proceeding by, the Sandiganbayan,
the filing of the criminal action being deemed to necessarily carry with it the
filing of the civil action, and no right to reserve the filing of such action shall be
recognized; Provided, however, that, in cases within the exclusive jurisdiction
of the Sandiganbayan, where the civil action had therefore been filed
separately with a regular court but judgment therein has not yet been rendered
and the criminal case is hereafter filed with the Sandiganbayan, said civil action
shall be transferred to the Sandiganbayan for consolidation and joint
determination with the criminal action, otherwise, the criminal action may no
longer be filed with the Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the regular courts of
competent jurisdiction; Provided, further, that, in cases within the concurrent
jurisdiction of the Sandiganbayan and the regular courts, where either the
criminal or civil action is first filed with the regular courts, the corresponding civil
or criminal action, as the case may be, shall only be filed with the regular courts
of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases
against officers and members of the armed forces in the active service.
Section 5. Proceedings, how conducted; votes required. The unanimous vote
of the three justices in a division shall be necessary for the pronouncement of a
judgment. In the event that the three justices do not reach a unanimous vote,
the Presiding Judge shall designate two other justices from among the
members of the Court to sit temporarily with them, forming a division of five
justices, and the concurrence of a majority of such division shall be necessary
for rendering judgment.
Section 6. Maximum period for termination of cases. As far as practicable, the
trial of cases before the Sandiganbayan once commenced shall be continuos
until terminated and the judgment shall be rendered within three (3) months
from the date the case was submitted for decision.
Section 7. Form, finality and enforcement of decisions. Decisions and final
orders of the Sandiganbayan shall contain complete findings of facts on all
issues properly raised before it.
A petition for reconsideration of any final order or decision maybe filed within
(15) days from promulgation or notice of the final order or judgment, and such
petition for reconsideration shall be decided within thirty (30) days from
submission thereon.
Decisions and final orders shall be subject to review on certiorari by the
Supreme Court in accordance with Rule 45 of the Rules of Court. The Supreme
Court shall decide any case on appeal promptly and without the necessity of
placing it upon the regular calendar. Whenever, in any case decided, the death
penalty shall have been imposed, the records shall be forwarded to the
Supreme Court, whether the accused shall have appealed or not, for review
and judgment, as law and justice shall dictate.
Final judgments and orders of the Sandiganbayan shall be executed and
enforced in the manner provided by law.
Section 8. Transfer of cases. As of the date of the effectivity of this decree, any
case cognizable by the Sandiganbayan within its exclusive jurisdiction where
none of the accused has been arraigned shall be transferred to the
Sandiganbayan.
Section 9. Rule-making Power. The Sandiganbayan shall have the power to
promulgate its own rules of procedure and, pending such promulgation, the
Rules of Court shall govern its proceedings.
Section 10. Authority over internal affairs. The Sandiganbayan shall administer
its own internal affairs and may adopt such rules governing the constitution of
its divisions, the allocation of cases among them, the rotation of justices and
other matters relating to its business.
Section 11. Proceeding free of charge. All proceedings in the Sandiganbayan
shall be conducted at no cost to the complainant and/or his witnesses.
No criminal information or complaint shall be entertained by the
Sandiganbayan except upon a certification by the Investigating Prosecutor of
the existence of a prima facie case to be determined after a preliminary
investigation conducted in accordance with applicable laws and approved by
the Chief Special Prosecutor.
Section 12. Administrative personnel. The Sandiganbayan shall reelect and
appoint such personnel as it may deem necessary to discharge its functions
under this Decree including a Clerk of Court and three (3) Deputy Clerks of
Court who shall be members of the Bar.
The Clerk of Court shall have an annual compensation of P36,000.00 and the
Deputy Clerks of Court, P30,000.00.
All other subordinate employees of the Sandiganbayan shall be governed by
the provisions of the Civil Service Law; Provided, that the Sandiganbayan may,
by resolution en banc, remove any of them for cause.
Section 13. Report to the President. The Sandiganbayan shall submit an
annual report to the President, including all disbursements of funds entrusted to
it, within two months from the end of the Fiscal Year.
Section 14. Funding. There is hereby immediately appropriated the sum of Five
Million Pesos (P5,000.00) out of any funds in the National Treasury to carry out
the provisions of this Decree and thereafter to be included in the general
appropriations act. The appropriations for the Sandiganbayan shall be
automatically released in accordance with a schedule submitted by the
Sandiganbayan.
Section 15. Separability of Provisions. If for any reason, any section or
provision of this Decree is declared to be unconstitutional or invalid, other
sections or provisions thereof which are not affected thereby, shall continue in
full force and effect.
Section 16. Repealing Clause. This Decree hereby repeals Presidential Decree
No. 1486 and all other provisions of law, General Orders, Presidential Decrees,
Letters of Instructions, rules or regulations inconsistent herewith.
Section 17. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 10th day of December, in the year of Our Lord,
nineteen hundred and seventy-eight.
RULES OF THE SANDIGANBAYAN
Pursuant to the provisions of Section 5 of Article XIII of the Constitution of the
Philippines, as implemented by Presidential Decree No. 1606, the
Sandiganbayan hereby adopts and promulgates the following rules to govern
the conduct of its business.
RULE I
TITLE AND CONSTRUCTION
Section 1. Title of the Rules. These Rules shall be known and cited as the
Rules of the Sandiganbayan.
Section 2. Construction. These Rules shall be liberally construed in order to
promote their objectives and to achieve a just, expeditious and inexpensive
determination of every action and proceeding before the Sandiganbayan.
RULE II
CONTROL OF FUNCTIONS AND SUCCESSION
Section 1. Exclusive Control. Except as otherwise provided by the Constitution
and Presidential Decree No. 1606, the Sandiganbayan shall have exclusive
control, direction and supervision of all matters pertaining to its internal affairs
and the operation of its business.
Section 2. Succession in the Office of the Presiding Justice. In case of vacancy
in the position of Presiding Justice of the Sandiganbayan or his temporary
incapacity to exercise the powers and perform the duties of his office, the same
shall devolve upon the qualified most senior Associate Justices until such
incapacity is removed or another Presiding Justice is appointed and has duly
qualified.
RULE III
COMPOSITION OF DIVISIONS
Section 1. How Divisions Constituted. The Sandiganbayan shall consist of
three divisions which shall be known as the First Division, Second Division, and
Third Division, and shall each be composed of Presiding Justice and the first
two Associate Justices in the order of precedence as the respective Chairmen;
the next three Associate Justices in the order of precedence as the respective
senior members; and the last three Associate Justices in the order of
precedence as the respective junior members. However, until the entire
complement of the Sandiganbayan shall have been appointed and qualified,
the Presiding justice and the two Associate Justices first appointed and
qualified shall constitute the First Division.
Section 2. Vacancy; How Filled. In case of any vacancy in the composition of a
division, whether permanent or temporary, the Presiding Justice may designate
an Associate Justice of the Court, to be determined by strict rotation on the
basis of the reverse order of precedence, to sit as a special member of said
division with all the rights and prerogatives of a regular member of said division
in the trial and determination of cases assigned thereto, unless the operation of
the other divisions of the Court will be prejudiced thereby, in which case, the
procedure provided in Section 3, Rule VIII of these Rules shall apply.
RULE IV
FILING OF CASES
Section 1. Proceedings Free of Charge. All proceedings in the Sandiganbayan
be conducted at no cost to the complainant and/or his witnesses.
Section 2. Preliminary Investigation Necessary. No criminal information or
complaint shall be entertained by the Sandiganbayan except upon a
certification by the investigating Prosecutor of the existence of a prima facie
case to be determined after a preliminary investigation conducted in
accordance with applicable laws and approved by the Chief Special
Prosecutor.
Section 3. Where Cases Filed. All cases to be filed with the Sandiganbayan
shall be filed with the Office of the Clerk of Court of the Sandiganbayan which
shall be open for the purpose of receiving complaints, information, motions and
the like from eight to twelve o'clock in the morning and twelve thirty to four-thirty
o'clock in the afternoon, on Mondays to Fridays, except on public or special
holidays.
RULE V
DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. All cases filed with the Sandiganbayan shall
be allotted among the three divisions for hearing and decision by raffle to be
conducted by a Raffle Committee composed of the Presiding Justice and the
two most senior Associate Justices available, on such days as may hereafter
be fixed by the Presiding Justice depending upon the need for such raffle to be
made in view of the number of cases filed, with notice to the interested parties
who may, if they so desire, be present therein by themselves or through
counsel.
Section 2. Consolidation of Cases. Cases arising from the same incident on
series of incidents, or involving common questions of fact and law, may, in the
discretion of Sandiganbayan, be consolidated in only one division. Should the
propriety of such consolidation appear upon the filing of the cases concerned
and before they are raffled, all such cases shall be considered as one case for
purposes of the raffle; but, should the propriety of such consolidation may be
affected upon motion of an interested party filed with the division taking
cognizance of the case to be consolidated and, if granted, consolidation shall
be made in the division before which the case with the lowest number is
pending. In either case, the division in which consolidation is effected shall be
entitled to be credited in the distribution of cases with the same number of
cases transferred to it to the end that all divisions shall, as much as possible,
receive more or less the same number of cases filed with the Sandiganbayan.
Section 3. Assignment of Cases Permanent. Cases assigned to a division of
the Sandiganbayan in accordance with these Rules shall remain with said
division notwithstanding changes in the composition thereof and all matters
raised therein shall be deemed to be submitted for consideration and
adjudication by any and all of the Justices who are members of the division
aforesaid at the time said matters are taken up, irrespective of whether they
were or were not members of the division at the time the case was first
assigned thereto: Provided, however, That only Justices who are members of
the division at the time a case is submitted for decision shall take part in the
consideration and adjudication of said case, unless any such member
thereafter ceases to be a member of the Sandiganbayan for any reason
whatsoever in which case any Justice chosen to fill the vacancy in accordance
with the manner provided in Section 2, Rule III, of these Rules shall participate
in the consideration and adjudication of said case; Provided, lastly, that the
Sandiganbayan en banc may, for special or compelling reasons, transfer cases
from one division thereof to another.
RULE VI
PROCESSES
Processes and writs of the Sandiganbayan which by their nature or by
provision of existing laws or the Rules of Court are to be issued under the
signature of a Judge or a Justice shall be signed by the Chairman of the
division concerned: Provided, That if there is an urgent necessity for the
issuance thereof before the case is raffled to a division, the same shall be
signed by the Presiding Justice. In the absence of the Presiding Justice or the
Chairman aforesaid, the process or writ shall be signed by the senior Associate
Justice in the Sandiganbayan or in the divisions concerned, respectively. All
other processes or writs issued upon authority of the Sandiganbayan or a
division thereof shall be signed by the Clerk of Court or, in his absence, by the
Deputy Clerk of Court of the division concerned.
RULE VII
BAIL
Section 1. How Amount Fixed; Approval. The amount of bail to be posted in
cases in the Sandiganbayan shall be fixed by the Chairman of the division
thereof to which they are assigned; and such bail may be approved by any
Justice of the Sandiganbayan, but preferably by a Justice of the division
concerned: Provided, however, That where the accused is arrested, detained
or otherwise placed in custody outside the Metropolitan Manila area, any judge
of the Court of First Instance or Circuit Criminal Court may accept and approve
the bail for his appearance before the division to which his case is assigned
and release him, and shall inform the division issuing the order of arrest of his
action, forwarding thereto the papers in this case.
Section 2. Condition of the Bail. The condition of the bail is that the accused
shall appear and answer the complaint or information in the division of the
Sandiganbayan to which it is assigned or transferred for trial and submit
himself to the orders and processes thereof and, after conviction, if the case is
appealed to the Supreme Court, that he will surrender himself for the execution
of such judgment as the Supreme Court may render; or, that, in case the cause
is to be tried anew or remanded for a new trial, he will appear in the division to
which it may be remanded and submit himself to the orders and processes
thereof.
RULE VIII
SESSIONS AND TRIAL
Section 1. How Sessions Held. The Sandiganbayan shall for administrative
purposes, sit en banc; and, for the trial and determination of cases, sit in three
divisions of three Justices each. The three divisions may sit at the same time.
Section 2. Presiding Officer. Sessions of the Sandiganbayan en banc shall be
presided by the Presiding Justice; whereas sessions in division shall be
presided by the respective Chairman of each division. In the absence of the
Presiding Justice or the Chairman of a division, as the case may be, the
Associate Justice attending the session en banc or in division who is first in the
order of precedence and able to preside, shall do so.
Section 3. Quorum. Five Justices shall constitute a quorum for sessions en
banc, and three Justices for sessions in division: Provided, That when a
quorum and/or the votes required for a resolution or decision of the
Sandiganbayan, either en banc or in division, or the trial or hearing of cases
cannot be had due to the legal disqualification or temporary disability of a
Justice or of a vacancy occurring therein, the President shall, upon
recommendation of the Presiding Justice, designate any Justice of the Court of
Appeals, Judge of the Court of First Instance or of the Circuit Criminal Court to
sit temporarily therein.
Section 4. Place of Holding Sessions. Sessions of the Sandiganbayan,
whether en banc or in division, shall be held in the place of its principal office in
the Metropolitan Manila area where it shall try and determine all cases filed with
it irrespective of the place where they may have arisen: Provided, however,
That the Presiding Justice may authorize any division or divisions of the Court
to hold sessions at any time and place outside Metropolitan Manila to hear and
decide cases emanating therefrom. For this purpose and whenever necessary,
the Sandiganbayan may require the services of the personnel and the use of
the facilities of any agency of the Government, national or local, including the
Courts of First Instance or Circuit Criminal Court of the province or city where
any of the divisions is holding session, and those personnel of such agencies
or courts shall be subject to the orders of the Sandiganbayan.
Section 5. Time of Holding Sessions. Sessions of the Sandiganbayan en banc
may be called at any time by the Presiding Justice or at the instance at least
five Associate Justices. Sessions for the trial of cases cognizable by it shall be
held on such days and at such times as the divisions thereof may, by order and
upon notice to the parties concerned, fix.
Section 6. Pre-trial Inquest. After the arraignment of an accused who pleads
not guilty, the division concerned shall, without prejudice to the invocation by
the accused of his constitutional rights, direct the prosecutor and the accused
and his counsel to appear before any of the Justices thereof for a conference to
consider;
(a) Admissions of facts about which there can be no dispute;
(b) Marking for identification of documentary or real evidence of the parties;
(c) Waiver of objections to admissibility of evidence;
(d) Procedure on objections where there are multiple counsel;
(e) Order of presentation of evidence and arguments where there are multiple
accused;
(f) Order of cross-examination where there are multiple accused; and
(g) Such other matter as will promote a fair and expeditious termination of the
trial.
After the pre-trial inquest, a pre-trial order shall be issued by the Associate
Justice presiding the conference reciting the actions and/or proceedings taken
thereat, the admissions of facts made, the documents and real evidence
marked, and the agreement entered into by the parties as to any of the matters
taken up therein. Such order shall limit the issues for trial to those not disposed
of by the admissions or agreements of the parties and when entered shall blind
the parties and control the course of the action during the trial, on appeal, and
in post-conviction proceedings, unless modified by the division concerned
before trial to prevent manifest injustice.
RULE IX
MOTIONS
Section 1. Motion Day. The first hours of the morning session of the divisions
every Friday shall be devoted to the hearing of motions, unless, upon motion of
an interested party and for special reasons, the division concerned shall fix
another day for the hearing of any particular motion.
Section 2. Resolution on Interlocutory or Incidental Motions. Rulings on all
written motions submitted to the Sandiganbayan or any division thereof for
resolution shall be reached in consultation among the Justices participating in
the consideration thereof: Provided, however, That rulings on oral motions or
on objections made in the course of the trial or hearing shall be handed down
by the Chairman of the division concerned.
RULE X
JUDGMENT
Section 1. Votes Necessary to Decide. The unanimous vote of three Justices in
a division shall be necessary for the rendition of a judgment or order. In the
event that the three Justices do not reach a unanimous vote, the Presiding
Justice shall designated by raffle two Justices from among the other members
of the Sandiganbayan to sit temporarily with them forming a special division of
five Justices, and the vote of a majority of such special division shall be
necessary for the rendition of a judgment or order.
Section 2. Procedure in Deciding Cases. The conclusions of a division of the
Sandiganbayan in any case submitted to it for decision shall be reached in
consultation before the case is assigned to a Justice for the writing of the
opinion of the division. Any Justice dissenting from a judgment shall state the
reasons for his dissent.
Section 3. Maximum Period to Decide Cases. The judgment or final order of a
division of the Sandiganbayan shall be rendered within three (3) months from
the date the case was submitted for decision.
Section 4. Form of judgment and final order of a division of the Sandiganbayan
shall contain complete findings of fact and a statement of the law on all issues
properly raised before it.
RULE XI
PROMULGATION OF JUDGMENT
A judgment of a division of the Sandiganbayan shall be promulgated by reading
the judgment or sentence in the presence of the accused and any Justice of the
division which rendered the same: Provided, That, if the accused is confined or
detained in a place outside Metropolitan Manila or of the city or province in
which any division of the Sandiganbayan is sitting at the time of such
promulgation, the judgment may, upon delegation by the division concerned be
promulgated by any judge of the Court of First Instance or Circuit Criminal
Court having jurisdiction over the place of confinement or detention, in which
event the Court so promulgating the judgment shall have authority to accept
and approve the appeal bond.
RULE XII
PETITION FOR RECONSIDERATION
Within fifteen (15) days from the promulgation or notice of a judgment or final
order of a division of the Sandiganbayan, unless said judgment or order had in
the meantime otherwise attained finality, a petition for the reconsideration
thereof may be filed upon the grounds, in the form and subject to the
requirements, for motions for new trial in criminal cases under Rule 121 of the
Rules of Court, and such petition for reconsideration shall be decided within
thirty (30 days from submission thereof.
RULE XIII
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. A party may appeal from a judgment or final
order of a division of the Sandiganbayan by filing with the Supreme Court a
petition for certiorari in accordance with Rule 45 of Rules of Court and by
serving a copy thereof to the Sandiganbayan.
Whenever, in any case decided, the death penalty shall have been imposed,
the records shall be forwarded to the Supreme Court, whether the accused
shall have appealed or not, for review and judgment, as law and justice shall
dictate.
Section 2. Bail Pending Appeal. An accused who has been released on bail
shall not committed to jail upon conviction pending the expiration of the period
for appeal or pending an appeal seasonably taken, except when the penalty
imposed is reclusion perpetua or death, in which case, the accused may
forthwith be committed to jail after promulgation of the sentence. The division of
the Sandiganbayan concerned, however, may, for good cause, cancel the
bond or increase the amount of bail and commit the accused into custody
pending appeal, unless he gives bail in the increased amount. The surely shall
also be responsible for the surrender or the accused after judgment shall have
become final.
RULE XIV
PUBLICATION OF DECISIONS
With the consent of the respective writers thereof, the decisions of the
Sandiganbayan may be published in the Official Gazette in the language in
which they have been originally written. The syllabi for the decisions shall be
prepared by the Clerk of Court in consultation with writers thereof.
RULE XV
APPLICABILITY OF THE RULES OF COURT
Except as otherwise herein provided or as may hereafter be modified from time
to time by the Sandiganbayan and insofar as practicable, the Rules of Court
shall govern proceedings in the Sandiganbayan.
RULE XVI
SEAL OF THE SANDIGANBAYAN
The seal of the Sandiganbayan shall be of standard size, circular in form,
consisting of two concentric circles as its margin, with the inscription, running
from left to right, on the upper margin of the word "Sandiganbayan" and on the
lower margin of the words "Republika ng Pilipinas"; with 16 stars, representing
the existing 16 judicial districts, immediately along the outer edge of the inner
circle; and with a design at the center of a triangle, with a trisected area
composed of the national colors of white on its upper part, blue on the left and
red on the right, with the words "KATAPATAN" on the right side,
"KAPANAGUTAN" on the left side, and "KARANGALAN" on the base; a star in
each corner of the triangle representing Luzon, Visayas and Mindanao; and a
bolo inside the triangle on which is superimposed a balance.
Court of Tax Appeals
Republic Act No. 9282 March 30 2004
AN ACT EXPANDING THE JURISDICTION OF THE COURT OF TAX
APPEALS (CTA), ELEVATING ITS RANK TO THE LEVEL OF A COLLEGIATE
COURT WITH SPECIAL JURISDICTION AND ENLARGING ITS
MEMBERSHIP, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OR
REPUBLIC ACT NO. 1125, AS AMENDED, OTHERWISE KNOWN AS THE
LAW CREATING THE COURT OF TAX APPEALS, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Section 1 of Republic Act No. 1125, as amended is hereby further
amended to read as follows:
"SECTION 1. Court; Justices; Qualifications; Salary; Tenure. - There is hereby
created a Court of Tax Appeals (CTA) which shall be of the same level as the
Court of Appeals, possessing all the inherent powers of a Court of Justice, and
shall consist of a Presiding Justice and five (5) Associate Justices. The
incumbent Presiding Judge and Associate Judges shall continue in office and
bear the new titles of Presiding Justice and Associate Justices. The Presiding
Justice and the most Senior Associate Justice shall serve as chairmen of the
two (2) Divisions. The additional three (3) Justices and succeeding members of
the Court shall be appointed by the President upon nomination by the Judicial
and Bar Council. The Presiding Justice shall be so designated in his
appointment, and the Associate Justices shall have precedence according to
the date of their respective appointments, or when the appointments of two (2)
or more of them shall bear the same date, according to the order in which their
appointments were issued by the President. They shall have the same
qualifications, rank, category, salary, emoluments and other privileges, be
subject to the same inhibitions and disqualifications, and enjoy the same
retirements and other benefits as those provided for under existing laws for the
Presiding Justice and Associate Justices of the Court of Appeals.
"Whenever the salaries of the Presiding Justice and the Associate Justices of
the Court of Appeals are increased, such increases in salaries shall be deemed
correspondingly extended to and enjoyed by the Presiding Justice and
Associate Justices of the CTA.
"The Presiding Justice and Associate Justices shall hold office during good
behavior, until they reach the age of seventy (70), or become incapacitated to
discharge the duties of their office, unless sooner removed for the same
causes and in the same manner provided by law for members of the judiciary of
equivalent rank."
Section 2. Section 2 of the same Act is hereby amended to read as follows:
"SEC. 2. Sitting En Banc or Division; Quorum; Proceedings. - The CTA may sit
en banc or in two (2) Divisions, each Division consisting of three (3) Justices.
"Four (4) Justices shall constitute a quorum for sessions en banc and two (2)
Justices for sessions of a Division: Provided, That when the required quorum
cannot be constituted due to any vacancy, disqualification, inhibition, disability,
or any other lawful cause, the Presiding Justice shall designate any Justice of
other Divisions of the Court to sit temporarily therein.
"The affirmative votes of four (4) members of the Court en banc or two (2)
members of a Division, as the case may be, shall be necessary for the rendition
of a decision or resolution."
Section 3. Section 3 of the same Act is hereby amended to read as follows:
"SEC. 3. Clerk of Court; Division Clerks of Court; Appointment; Qualification;
Compensation. - The CTA shall have a Clerk of Court and three (3) Division
Clerks of Court who shall be appointed by the Supreme Court. No person shall
be appointed Clerk of Court or Division Clerk of Court unless he is duly
authorized to practice law in the Philippines. The Clerk of Court and Division
Clerks of Court shall exercise the same powers and perform the same duties in
regard to all matters within the Court's jurisdiction, as are exercised and
performed by the Clerk of Court and Division Clerks of Court of the Court of
Appeals, in so far as the same may be applicable or analogous; and in the
exercise of those powers and the performance of those duties they shall be
under the direction of the Court. The Clerk of Court and the Division Clerks of
Court shall have the same rank, privileges, salary, emoluments, retirement and
other benefits as those provided for the Clerk of Court and Division Clerks of
Court of the Court of Appeals, respectively.'
Section 4. Section 4 of the same Act is hereby amended to read as follows:
"SEC. 4. Other Subordinate Employees. - The Supreme Court shall appoint all
officials and employees of the CTA, in accordance with the Civil Service Law.
The Supreme Court shall fix their salaries and prescribe their duties."
Section 5. Section 5 of the same Act is hereby amended to read as follows:
"SEC. 5. Disqualifications. - No Justice or other officer or employee of the CTA
shall intervene, directly or indirectly, in the management or control of any
private enterprise which in any way may be affected by the functions of the
Court. Justices of the Court shall be disqualified from sitting in any case on the
same grounds provided under Rule one hundred thirty-seven of the Rules of
Court for the disqualification of judicial officers. No person who has once
served in the Court in a permanent capacity, either as Presiding Justice or as
Associate Justice thereof, shall be qualified to practice as counsel before the
Court for a period of one (1) year from his retirement or resignation."
Section 6. Section 6 of the same Act is hereby amended to read as follows:
"SEC. 6. Place of Office. - The CTA shall have its principal office in Metro
Manila and shall hold hearings at such time and place as it may, by order in
writing, designate."
Section 7. Section 7 of the same Act is hereby amended to read as follows:
"Sec. 7. Jurisdiction. - The CTA shall exercise:
"a. Exclusive appellate jurisdiction to review by appeal, as herein provided:
"1. Decisions of the Commissioner of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the National Internal
Revenue or other laws administered by the Bureau of Internal Revenue;
"2. Inaction by the Commissioner of Internal Revenue in cases involving
disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relations thereto, or other matters arising under the National
Internal Revenue Code or other laws administered by the Bureau of Internal
Revenue, where the National Internal Revenue Code provides a specific period
of action, in which case the inaction shall be deemed a denial;
"3. Decisions, orders or resolutions of the Regional Trial Courts in local tax
cases originally decided or resolved by them in the exercise of their original or
appellate jurisdiction;
"4. Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges, seizure, detention or release of
property affected, fines, forfeitures or other penalties in relation thereto, or
other matters arising under the Customs Law or other laws administered by the
Bureau of Customs;
"5. Decisions of the Central Board of Assessment Appeals in the exercise of its
appellate jurisdiction over cases involving the assessment and taxation of real
property originally decided by the provincial or city board of assessment
appeals;
"6. Decisions of the Secretary of Finance on customs cases elevated to him
automatically for review from decisions of the Commissioner of Customs which
are adverse to the Government under Section 2315 of the Tariff and Customs
Code;
"7. Decisions of the Secretary of Trade and Industry, in the case of
nonagricultural product, commodity or article, and the Secretary of Agriculture
in the case of agricultural product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302, respectively, of the Tariff and
Customs Code, and safeguard measures under Republic Act No. 8800, where
either party may appeal the decision to impose or not to impose said duties.
"b. Jurisdiction over cases involving criminal offenses as herein provided:
"1. Exclusive original jurisdiction over all criminal offenses arising from
violations of the National Internal Revenue Code or Tariff and Customs Code
and other laws administered by the Bureau of Internal Revenue or the Bureau
of Customs: Provided, however, That offenses or felonies mentioned in this
paragraph where the principal amount o taxes and fees, exclusive of charges
and penalties, claimed is less than One million pesos (P1,000,000.00) or where
there is no specified amount claimed shall be tried by the regular Courts and
the jurisdiction of the CTA shall be appellate. Any provision of law or the Rules
of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability for taxes and penalties
shall at all times be simultaneously instituted with, and jointly determined in the
same proceeding by the CTA, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the
filling of such civil action separately from the criminal action will be recognized.
"2. Exclusive appellate jurisdiction in criminal offenses:
"a. Over appeals from the judgments, resolutions or orders of the Regional Trial
Courts in tax cases originally decided by them, in their respected territorial
jurisdiction.
"b. Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the exercise of their appellate jurisdiction over tax
cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts in their respective jurisdiction.
"c. Jurisdiction over tax collection cases as herein provided:
"1. Exclusive original jurisdiction in tax collection cases involving final and
executory assessments for taxes, fees, charges and penalties: Provided,
however, That collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than One million pesos
(P1,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan
Trial Court and Regional Trial Court.
"2. Exclusive appellate jurisdiction in tax collection cases:
"a. Over appeals from the judgments, resolutions or orders of the Regional Trial
Courts in tax collection cases originally decided by them, in their respective
territorial jurisdiction.
"b. Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the Exercise of their appellate jurisdiction over tax
collection cases originally decided by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction."
Section 8. Section 10 of the same Act is hereby amended to read as follows:
"SEC. 10. Power to Administer Oaths; Issue Subpoena; Punish for Contempt. -
The Court shall have the power to administer oaths, receive evidence, summon
witnesses by subpoena duces tecum, subject in all respects to the same
restrictions and qualifications as applied in judicial proceedings of a similar
nature. The Court shall, in accordance with Rule seventy-one of the Rules of
Court, have the power to punish for contempt for the same causes, under the
same procedure and with the same penalties provided therein."
Section 9. Section 11 of the same Act is hereby amended to read as follows:
"SEC. 11. Who May Appeal; Mode of Appeal; Effect of Appeal. - Any party
adversely affected by a decision, ruling or inaction of the Commissioner of
Internal Revenue, the Commissioner of Customs, the Secretary of Finance, the
Secretary of Trade and Industry or the Secretary of Agriculture or the Central
Board of Assessment Appeals or the Regional Trial Courts may file an appeal
with the CTA within thirty (30) days after the receipt of such decision or ruling or
after the expiration of the period fixed by law for action as referred to in Section
7(a)(2) herein.
"Appeal shall be made by filing a petition for review under a procedure
analogous to that provided for under Rule 42 of the 1997 Rules of Civil
Procedure with the CTA within thirty (30) days from the receipt of the decision
or ruling or in the case of inaction as herein provided, from the expiration of the
period fixed by law to act thereon. A Division of the CTA shall hear the appeal:
Provided, however, That with respect to decisions or rulings of the Central
Board of Assessment Appeals and the Regional Trial Court in the exercise of
its appellate jurisdiction appeal shall be made by filing a petition for review
under a procedure analogous to that provided for under rule 43 of the 1997
Rules of Civil Procedure with the CTA, which shall hear the case en banc.
"All other cases involving rulings, orders or decisions filed with the CTA as
provided for in Section 7 shall be raffled to its Divisions. A party adversely
affected by a ruling, order or decision of a Division of the CTA may file a motion
for reconsideration of new trial before the same Division of the CTA within
fifteens (15) days from notice thereof: Provide, however, That in criminal cases,
the general rule applicable in regular Courts on matters of prosecution and
appeal shall likewise apply.
"No appeal taken to the CTA from the decision of the Commissioner of Internal
Revenue or the Commissioner of Customs or the Regional Trial Court,
provincial, city or municipal treasurer or the Secretary of Finance, the Secretary
of Trade and Industry and Secretary of Agriculture, as the case may be shall
suspend the payment, levy, distraint, and/or sale of any property of the
taxpayer for the satisfaction of his tax liability as provided by existing law:
Provided, however, That when in the opinion of the Court the collection by the
aforementioned government agencies may jeopardize the interest of the
Government and/or the taxpayer the Court any stage of the proceeding may
suspend the said collection and require the taxpayer either to deposit the
amount claimed or to file a surety bond for not more than double the amount
with the Court.
"In criminal and collection cases covered respectively by Section 7(b) and (c) of
this Act, the Government may directly file the said cases with the CTA covering
amounts within its exclusive and original jurisdiction."
Section 10. Section 13 of the same Act is hereby amended to read as follows:
"SEC. 13. Decision, Maximum Period for Termination of Cases. - Cases
brought before the Court shall be decided in accordance with Section 15,
paragraph (1), Article VIII (Judicial Department) of the 1987 Constitution.
Decisions of the Court shall be in writing, stating clearly and distinctly the facts
and the law on which they are based, and signed by the Justices concurring
therein. The Court shall provide for the publication of its decision in the Official
Gazette in such form and manner as may best be adopted for public
information and use.
"The Justices of the Court shall each certify on their applications for leave, and
upon salary vouchers presented by them for payment, or upon the payrolls
under which their salaries are paid, that all proceedings, petitions and motions
which have been submitted to the Court for determination or decision for a
period required by the law or the Constitution, as the case may be, have been
determined or decided by the Court on or before the date of making the
certificate, and no leave shall be granted and no salary shall be paid without
such certificate."
Section 11. Section 18 of the same Act is hereby amended as follows:
"SEC. 18. Appeal to the Court of Tax Appeals En Banc. - No civil proceeding
involving matter arising under the National Internal Revenue Code, the Tariff
and Customs Code or the Local Government Code shall be maintained, except
as herein provided, until and unless an appeal has been previously filed with
the CTA and disposed of in accordance with the provisions of this Act.
"A party adversely affected by a resolution of a Division of the CTA on a motion
for reconsideration or new trial, may file a petition for review with the CTA en
banc."
"SEC. 19. Review by Certiorari. - A party adversely affected by a decision or
ruling of the CTA en banc may file with the Supreme Court a verified petition for
review on certiorari pursuant to Rule 45 of the 1997 Rules of Civil Procedure."
Section 13. Distraint of Personal Property and/or Levy on Real Property. -
Upon the issuance of any ruling, order or decision by the CTA favorable to the
national government, the CTA shall issue an order authorizing the Bureau of
Internal Revenue, through the Commissioner to seize and distraint any goods,
chattels, or effects, and the personal property, including stocks and other
securities, debts, credits, bank accounts, and interests in and rights to personal
property and/or levy the real property of such persons in sufficient quantity to
satisfy the tax or charge together with any increment thereto incident to
delinquency. This remedy shall not be exclusive and shall not preclude the
Court from availing of other means under the Rules of Court.
Section 14. Retention of Personnel; Security of Tenure; Upgrading of Positions
and Salaries. - All existing permanent personnel of the CTA shall not be
adversely affected by this Act. They shall continue in office and shall not be
removed or separated from the service except for cause as provided for by
existing laws. Further, the present positions and salaries of personnel shall be
upgraded to the level of their counterparts in the Court of Appeals.
Section 15. Transitory Provisions. - In consonance with the above provision,
the incumbent Presiding Judge and Associate Judges shall comprise a Division
pending the constitution of the entire Court.
Section 16. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
Section 17. Repealing Clause. - All laws, executive orders, executive
issuances or letter of instructions, or any part thereof, inconsistent with or
contrary to the provisions of this Act are hereby deemed repealed, amended or
modified accordingly.
Section 18. Separability Clause. - If for any reason, any section or provision of
this Act shall be declared unconstitutional or invalid, the other parts thereof not
affected thereby shall remain valid.
Section 19. Effectivity Clause - This Act shall take effect after fifteen (15) days
following its publication in at least (2) newspapers of general circulation.
Shari’ah District Court
Equivalent to the Regional Trial Courts in rank are the Shari'a District
Courtswhich were established in certain specified provinces in Mindanao
where the Code of Muslim Personal Laws of the Philippines is being enforced.
There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in
existence.
A Shari'a District Court is of limited jurisdiction. It was created
under Presidential Decree No. 1083. Cases falling within the exclusive
jurisdiction of the Shari'a District Courts primarily pertain to family rights and
duties as well as contractual relations of Filipino Muslims in the Mindanao.
It has exclusive original jurisdiction over the following:
1. All cases involving custody, guardianship, legitimacy, paternity and filiation
arising under Presidential Decree No. 1083;
2. All cases involving disposition, distribution and settlement of the estate of a
deceased Muslim, probate of wills, issuance of letters of administration or
appointment of administrators or executors regardless of the nature or the
aggregate value of the property;
3. Petitions for declaration of absence and death and for cancellation and
correction of entries in the Muslim Registries mentioned in Title VI, Book Two
ofPresidential Decree No. 1083;
4. All actions arising from customary contracts in which the parties are Muslims,
if they have not specified which law shall govern their relations;
5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus,
and all auxiliary writs and processes in aid of its appellate jurisdiction;
It has concurrent original jurisdiction over the following
1. Petitions by Muslims for the constitution of the family home, change of name
and commitment of insane person to any asylum;
2. All other personal and real actions not mentioned in paragraph 1(d) wherein
the parties involved are Muslims except those for forcible entry and unlawful
detainer which shall fall under the exclusive original jurisdiction of the Municipal
Circuit Courts; and
3. All special civil actions for interpleader or declaratory relief where the parties
are Muslims or the property involved belongs exclusively to a Muslim.
The Shari'a District Court has appellate jurisdiction over all cases tried in the
Shari'a Circuit Courts within their territorial jurisdiction.
It shall decide every case on the basis of the evidence and the records
transmitted as well as such memoranda, briefs or oral arguments as the parties
may submit.
The decisions of the Shari'a District Courts, whether on appeal from the Shari'a
Circuit Courts or not, shall be final. The Supreme Court shall, however,
continue to exercise original and appellate jurisdiction over certain issues as
provided by the Constitution.
c. Original Jurisdiction
Supreme Court
SECTION 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus,
quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower courts
in:
(a) All cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six months without
the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
Petition for Writ of Amparo
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of amparo is a remedy available
to any person whose right to life, liberty and security is violated or threatened
with violation by an unlawful act or omission of a public official or employee, or
of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or threats
thereof.
SEC. 2. Who May File. – The petition may be filed by the aggrieved party or by
any qualified person or entity in the following order:
-Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;
-Any ascendant, descendant or collateral relative of the aggrieved party within
the fourth civil degree of consanguinity or affinity, in default of those mentioned
in the preceding paragraph; or
-Any concerned citizen, organization, association or institution, if there is no
known member of the immediate family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all other -The steps or actions taken by the respondent to determine the fate or
authorized parties to file similar petitions. Likewise, the filing of the petition by whereabouts of the aggrieved party and the person or persons responsible for
an authorized party on behalf of the aggrieved party suspends the right of all the threat, act or omission;
others, observing the order established herein.

-All relevant information in the possession of the respondent pertaining to the

SEC. 3. Where to File. – The petition may be filed on any day and at any time
with the Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred, or with the Sandiganbayan, the
Court of Appeals, the Supreme Court, or any justice of such courts. The writ
shall be enforceable anywhere in the Philippines.
threat, act or omission against the aggrieved party; and
-If the respondent is a public official or employee, the return shall further state
the actions that have been or will still be taken:

When issued by a Regional Trial Court or any judge thereof, the writ shall be
returnable before such court or judge.
When issued by the Sandiganbayan or the Court of Appeals or any of their
justices, it may be returnable before such court or any justice thereof, or to any
Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
When issued by the Supreme Court or any of its justices, it may be returnable
before such Court or any justice thereof, or before the Sandiganbayan or the
Court of Appeals or any of their justices, or to any Regional Trial Court of the
place where the threat, act or omission was committed or any of its elements
occurred.
=to verify the identity of the aggrieved party;
=to recover and preserve evidence related to the death or
disappearance of the person identified in the petition which may aid in
the prosecution of the person or persons responsible;
=to identify witnesses and obtain statements from them concerning the
death or disappearance;
=to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance;

SEC. 4. No Docket Fees. – The petitioner shall be exempted from the payment
of the docket and other lawful fees when filing the petition. The court, justice or
judge shall docket the petition and act upon it immediately.
=to identify and apprehend the person or persons involved in the death
or disappearance; and
=to bring the suspected offenders before a competent court.

SEC. 5. Contents of Petition. – The petition shall be signed and verified and
shall allege the following: The return shall also state other matters relevant to the investigation, its
resolution and the prosecution of the case.

-The personal circumstances of the petitioner;

A general denial of the allegations in the petition shall not be allowed.

-The name and personal circumstances of the respondent responsible for the
threat, act or omission, or, if the name is unknown or uncertain, the respondent SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall be
may be described by an assumed appellation; raised in the return, otherwise, they shall be deemed waived.

-The right to life, liberty and security of the aggrieved party violated or SEC. 11. Prohibited Pleadings and Motions. – The following pleadings and
threatened with violation by an unlawful act or omission of the respondent, and motions are prohibited:
how such threat or violation is committed with the attendant circumstances
detailed in supporting affidavits;
-Motion to dismiss;

-The investigation conducted, if any, specifying the names, personal

-Motion for extension of time to file return, opposition, affidavit, position paper
circumstances, and addresses of the investigating authority or individuals, as
and other pleadings;
well as the manner and conduct of the investigation, together with any report;

-Dilatory motion for postponement;

-The actions and recourses taken by the petitioner to determine the fate or
whereabouts of the aggrieved party and the identity of the person responsible
for the threat, act or omission; and -Motion for a bill of particulars;

-The relief prayed for. -Counterclaim or cross-claim;

The petition may include a general prayer for other just and equitable reliefs. -Third-party complaint;

SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court, justice -Reply;
or judge shall immediately order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the seal of the court; or in
case of urgent necessity, the justice or the judge may issue the writ under his or -Motion to declare respondent in default;
her own hand, and may deputize any officer or person to serve it.
-Intervention;
The writ shall also set the date and time for summary hearing of the petition
which shall not be later than seven (7) days from the date of its issuance. -Memorandum;

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of court who -Motion for reconsideration of interlocutory orders or interim relief orders; and
refuses to issue the writ after its allowance, or a deputized person who refuses
to serve the same, shall be punished by the court, justice or judge for contempt
without prejudice to other disciplinary actions. -Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 8. How the Writ is Served. – The writ shall be served upon the SEC. 12. Effect of Failure to File Return. — In case the respondent fails to file a
respondent by a judicial officer or by a person deputized by the court, justice or return, the court, justice or judge shall proceed to hear the petition ex parte.
judge who shall retain a copy on which to make a return of service. In case the
writ cannot be served personally on the respondent, the rules on substituted
SEC. 13. Summary Hearing. — The hearing on the petition shall be summary.
service shall apply.
However, the court, justice or judge may call for a preliminary conference to
simplify the issues and determine the possibility of obtaining stipulations and
SEC. 9. Return; Contents. – Within seventy-two (72) hours after service of the admissions from the parties.
writ, the respondent shall file a verified written return together with supporting
affidavits which shall, among other things, contain the following:
The hearing shall be from day to day until completed and given the same
priority as petitions for habeas corpus.
-The lawful defenses to show that the respondent did not violate or threaten
with violation the right to life, liberty and security of the aggrieved party, through
any act or omission;
SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime before final
judgment, the court, justice or judge may grant any of the following reliefs:
(a) Temporary Protection Order. – The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
member of the immediate family be protected in a government agency or by an
accredited person or private institution capable of keeping and securing their
safety. If the petitioner is an organization, association or institution referred to in
Section 3(c) of this Rule, the protection may be extended to the officers
involved.
The Supreme Court shall accredit the persons and private institutions that shall
extend temporary protection to the petitioner or the aggrieved party and any
member of the immediate family, in accordance with guidelines which it shall
issue.
The accredited persons and private institutions shall comply with the rules and
conditions that may be imposed by the court, justice or judge.
(b) Inspection Order. — The court, justice or judge, upon verified motion and
after due hearing, may order any person in possession or control of a
designated land or other property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any relevant object or
operation thereon.
The motion shall state in detail the place or places to be inspected. It shall be
supported by affidavits or testimonies of witnesses having personal knowledge
of the enforced disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of the privileged
nature of the information, the court, justice or judge may conduct a hearing in
chambers to determine the merit of the opposition.
The movant must show that the inspection order is necessary to establish the
right of the aggrieved party alleged to be threatened or violated.
The inspection order shall specify the person or persons authorized to make
the inspection and the date, time, place and manner of making the inspection
and may prescribe other conditions to protect the constitutional rights of all
parties. The order shall expire five (5) days after the date of its issuance, unless
extended for justifiable reasons.
(c) Production Order. – The court, justice or judge, upon verified motion and
after due hearing, may order any person in possession, custody or control of
any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce
and permit their inspection, copying or photographing by or on behalf of the
movant.
The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge
may conduct a hearing in chambers to determine the merit of the opposition.
The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.
(d) Witness Protection Order. – The court, justice or judge, upon motion or
motu proprio, may refer the witnesses to the Department of Justice for
admission to the Witness Protection, Security and Benefit Program, pursuant to
Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of keeping
and securing their safety.
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified motion
of the respondent and after due hearing, the court, justice or judge may issue
an inspection order or production order under paragraphs (b) and (c) of the
preceding section.
A motion for inspection order under this section shall be supported by affidavits
or testimonies of witnesses having personal knowledge of the defenses of the
respondent.
SEC. 16. Contempt. – The court, justice or judge may order the respondent
who refuses to make a return, or who makes a false return, or any person who
otherwise disobeys or resists a lawful process or order of the court to be
punished for contempt. The contemnor may be imprisoned or imposed a fine.
SEC. 17. Burden of Proof and Standard of Diligence Required. – The parties
shall establish their claims by substantial evidence.
The respondent who is a private individual or entity must prove that ordinary
diligence as required by applicable laws, rules and regulations was observed in
the performance of duty.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The respondent public official or employee cannot invoke the presumption that
official duty has been regularly performed to evade responsibility or liability.
SEC. 18. Judgment. — The court shall render judgment within ten (10) days
from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall grant the privilege of
the writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final judgment or order to
the Supreme Court under Rule 45. The appeal may raise questions of fact or
law or both.
The period of appeal shall be five (5) working days from the date of notice of
the adverse judgment.
The appeal shall be given the same priority as in habeas corpus cases.
SEC. 20. Archiving and Revival of Cases. – The court shall not dismiss the
petition, but shall archive it, if upon its determination it cannot proceed for a
valid cause such as the failure of petitioner or witnesses to appear due to
threats on their lives.
A periodic review of the archived cases shall be made by the amparo court that
shall, motu proprio or upon motion by any party, order their revival when ready
for further proceedings. The petition shall be dismissed with prejudice upon
failure to prosecute the case after the lapse of two (2) years from notice to the
petitioner of the order archiving the case.
The clerks of court shall submit to the Office of the Court Administrator a
consolidated list of archived cases under this Rule not later than the first week
of January of every year.
SEC. 21. Institution of Separate Actions. — This Rule shall not preclude the
filing of separate criminal, civil or administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. – When a criminal action has
been commenced, no separate petition for the writ shall be filed. The reliefs
under the writ shall be available by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of amparo.
SEC. 23. Consolidation. – When a criminal action is filed subsequent to the
filing of a petition for the writ, the latter shall be consolidated with the criminal
action.
When a criminal action and a separate civil action are filed subsequent to a
petition for a writ of amparo, the latter shall be consolidated with the criminal
action.
After consolidation, the procedure under this Rule shall continue to apply to the
disposition of the reliefs in the petition.
SEC. 24. Substantive Rights. — This Rule shall not diminish, increase or
modify substantive rights recognized and protected by the Constitution.
SEC. 25. Suppletory Application of the Rules of Court. – The Rules of Court
shall apply suppletorily insofar as it is not inconsistent with this Rule.
SEC. 26. Applicability to Pending Cases. – This Rule shall govern cases
involving extralegal killings and enforced disappearances or threats thereof
pending in the trial and appellate courts.
SEC. 27. Effectivity. – This Rule shall take effect on October 24, 2007,
following its publication in three (3) newspapers of general circulation.
Petition for Writ of Habeas Data
THE RULE ON THE WRIT OF HABEAS DATA
SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or employee, or of
a private individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and correspondence of
the aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ
of habeas data. However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party, namely: the
spouse, children and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court
where the petitioner or respondent resides, or that which has jurisdiction over
the place where the data or information is gathered, collected or stored, at the
option of the petitioner.
The petition may also be filed with the Supreme Court or the Court of Appeals
or the Sandiganbayan when the action concerns public data files of
government offices.
SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a
Regional Trial Court or any judge thereof, it shall be returnable before such
court or judge.
When issued by the Court of Appeals or the Sandiganbayan or any of its
justices, it may be returnable before such court or any justice thereof, or to any
Regional Trial Court of the place where the petitioner or respondent resides, or
that which has jurisdiction over the place where the data or information is
gathered, collected or stored.
When issued by the Supreme Court or any of its justices, it may be returnable
before such Court or any justice thereof, or before the Court of Appeals or the
Sandiganbayan or any of its justices, or to any Regional Trial Court of the place
where the petitioner or respondent resides, or that which has jurisdiction over
the place where the data or information is gathered, collected or stored.
The writ of habeas data shall be enforceable anywhere in the Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees shall be required from
an indigent petitioner. The petition of the indigent shall be docked and acted
upon immediately, without prejudice to subsequent submission of proof of
indigency not later than fifteen (15) days from the filing of the petition.
SEC. 6. Petition. - A verified written petition for a writ of habeas data should
contain:
(a) The personal circumstances of the petitioner and the respondent;
(b) The manner the right to privacy is violated or threatened and how it affects
the right to life, liberty or security of the aggrieved party;
(c) The actions and recourses taken by the petitioner to secure the data or
information;
(d) The location of the files, registers or databases, the government office, and
the person in charge, in possession or in control of the data or information, if
known;
(e) The reliefs prayed for, which may include the updating, rectification,
suppression or destruction of the database or information or files kept by the
respondent.
In case of threats, the relief may include a prayer for an order enjoining
the act complained of; and
(f) Such other relevant reliefs as are just and equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice
or judge shall immediately order the issuance of the writ if on its face it ought to
issue. The clerk of court shall issue the writ under the seal of the court and
cause it to be served within three (3) days from the issuance; or, in case of
urgent necessity, the justice or judge may issue the writ under his or her own
hand, and may deputize any officer or person serve it.
The writ shall also set the date and time for summary hearing of the petition
which shall not be later than ten (10) work days from the date of its issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who
refuses to issue the writ after its allowance, or a deputized person who refuses
to serve the same, shall be punished by the court, justice or judge for contempt
without prejudice to other disciplinary actions.
SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent
by a judicial officer or by a person deputized by the court, justice or judge who
shall retain a copy on which to make a return of service. In case the writ cannot
be served personally on the respondent, the rules on substituted service shall
apply.
SEC. 10. Return; Contents. - The respondent shall file a verified written return
together with supporting affidavits within five (5) working days from service of
the writ, which period may be reasonably extended by the Court for justifiable
reasons. The return shall, among other things, contain the following:
(a) The lawful defenses such as national security, state secrets, privileged
communications, confidentiality of the source of information of media and
others;
(b) In case of respondent in charge, in possession or in control of the data or
information subject of the petition;
(i) a disclosure of the data or information about the petitioner, the nature of
such data or information, and the purpose for its collection;
(ii) the steps or actions taken by the respondent to ensure the security and
confidentiality of the data or information; and,
(iii) the currency and accuracy of the data or information held; and,
(c) Other allegations relevant to the resolution of the proceeding.
A general denial of the allegations in the petition shall not be allowed.
SEC. 11. Contempt. - The court, justice or judge may punish with imprisonment
or fine a respondent who commits contempt by making a false return, or
refusing to make a return; or any person who otherwise disobeys or resist a
lawful process or order of the court.
SEC. 12. When Defenses May be Heard in Chambers. - A hearing in chambers
may be conducted where the respondent invokes the defense that the release
of the data or information in question shall compromise national security or
state secrets, or when the data or information cannot be divulged to the public
due to its nature or privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and
motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition, affidavit, position
paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim relief orders;
and
(l) Petition for certiorari, mandamus or prohibition against any interlocutory
order.
SEC. 14. Return; Filing. - In case the respondent fails to file a return, the court,
justice or judge shall proceed to hear the petition ex parte, granting the
petitioner such relief as the petition may warrant unless the court in its
discretion requires the petitioner to submit evidence.
SEC. 15. Summary Hearing. - The hearing on the petition shall be summary.
However, the court, justice or judge may call for a preliminary conference to
simplify the issues and determine the possibility of obtaining stipulations and
admissions from the parties.
SEC. 16. Judgment. - The court shall render judgment within ten (10) days
from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall enjoin the act
complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be just
and equitable; otherwise, the privilege of the writ shall be denied.
Upon its finality, the judgment shall be enforced by the sheriff or any lawful
officers as may be designated by the court, justice or judge within five (5)
working days.
SEC. 17. Return of Service. - The officer who executed the final judgment shall,
within three (3) days from its enforcement, make a verified return to the court.
The return shall contain a full statement of the proceedings under the writ and a
complete inventory of the database or information, or documents and articles
inspected, updated, rectified, or deleted, with copies served on the petitioner
and the respondent.
The officer shall state in the return how the judgment was enforced and
complied with by the respondent, as well as all objections of the parties
regarding the manner and regularity of the service of the writ.
SEC. 18. Hearing on Officer’s Return. - The court shall set the return for
hearing with due notice to the parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final judgment or order to
the Supreme Court under Rule 45. The appeal may raise questions of fact or
law or both.
The period of appeal shall be five (5) working days from the date of notice of
the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ
of habeas data shall not preclude the filing of separate criminal, civil or
administrative actions.
SEC. 21. Consolidation. - When a criminal action is filed subsequent to the
filing of a petition for the writ, the latter shall be consolidated with the criminal
action.
When a criminal action and a separate civil action are filed subsequent to a
petition for a writ of habeas data, the petition shall be consolidated with the
criminal action.
After consolidation, the procedure under this Rule shall continue to govern the
disposition of the reliefs in the petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has
been commenced, no separate petition for the writ shall be filed. The relief
under the writ shall be available to an aggrieved party by motion in the criminal
case.
The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or modify
substantive rights.
SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court
shall apply suppletorily insofar as it is not inconsistent with this Rule.
SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008, following
its publication in three (3) newspapers of general circulation.
RULE 8: WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or violation of
an environmental law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no other plain,
speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty, attaching thereto supporting evidence, specifying that the
petition concerns an environmental law, rule or regulation, and praying that
judgment be rendered commanding the respondent to do an act or series of
acts until the judgment is fully satisfied, and to pay damages sustained by the
petitioner by reason of the malicious neglect to perform the duties of the
respondent, under the law, rules or regulations. The petition shall also contain
a sworn certification of non-forum shopping.
Section 2. Where to file the petition. - The petition shall be filed with the
Regional Trial Court exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the Court of Appeals or the
Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the payment of
docket fees.
Section 4. Order to comment. - If the petition is sufficient in form and substance,
the court shall issue the writ and require the respondent to comment on the
petition within ten (10) days from receipt of a copy thereof. Such order shall be
served on the respondents in such manner as the court may direct, together
with a copy of the petition and any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is
filed may issue such orders to expedite the proceedings, and it may also grant
a TEPO for the preservation of the rights of the parties pending such
proceedings.
Section 6. Proceedings after comment is filed. - After the comment is filed or
the time for the filing thereof has expired, the court may hear the case which
shall be summary in nature or require the parties to submit memoranda. The
petition shall be resolved without delay within sixty (60) days from the date of
the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the
writ of continuing mandamus requiring respondent to perform an act or series
of acts until the judgment is fully satisfied and to grant such other reliefs as may
be warranted resulting from the wrongful or illegal acts of the respondent. The
court shall require the respondent to submit periodic reports detailing the
progress and execution of the judgment, and the court may, by itself or through
a commissioner or the appropriate government agency, evaluate and monitor
compliance. The petitioner may submit its comments or observations on the
execution of the judgment.
Section 8. Return of the writ. - The periodic reports submitted by the
respondent detailing compliance with the judgment shall be contained in partial
returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ shall be made to
the court by the respondent. If the court finds that the judgment has been fully
implemented, the satisfaction of judgment shall be entered in the court docket
RULE 7 WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s organization,
non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in two
or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the
following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the name and
personal circumstances are unknown and uncertain, the respondent may be
described by an assumed appellation;
(c) The environmental law, rule or regulation violated or threatened to be
violated, the act or omission complained of, and the environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in two
or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible, object
evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not
commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency, and no such other action or claim is pending
therein; (2) if there is such other pending action or claim, a complete statement
of its present status; (3) if petitioner should learn that the same or similar action
or claim has been filed or is pending, petitioner shall report to the court that fact
within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a
TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme Court or
with any of the stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the payment of
docket
fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of
the petition, if the petition is sufficient in form and substance, the court shall
give an order: (a) issuing the writ; and (b) requiring the respondent to file a
verified return as provided in Section 8 of this Rule. The clerk of court shall
forthwith issue the writ under the seal of the court including the issuance of a
cease and desist order and other temporary reliefs effective until further order.
Section 6. How the writ is served. - The writ shall be served upon the
respondent by a court officer or any person deputized by the court, who shall
retain a copy on which to make a return of service. In case the writ cannot be
served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who
unduly delays or refuses to issue the writ after its allowance or a court officer or
deputized person who unduly delays or refuses to serve the same shall be
punished by the court for contempt without prejudice to other civil, criminal or
administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period of
ten (10) days after service of the writ, the respondent shall file a verified return
which shall contain all defenses to show that respondent did not violate or
threaten to violate, or allow the violation of any environmental law, rule or
regulation or commit any act resulting to environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible, object evidence, in support of
the defense of the respondent.
A general denial of allegations in the petition shall be considered as an
admission thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and
motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to file a
return, the court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the court
may call a preliminary conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions from the parties, and set the
petition for hearing.
The hearing including the preliminary conference shall not extend beyond sixty
(60) days and shall be given the same priority as petitions for the writs of
habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for the
following reliefs:
(a) Ocular Inspection; order — The motion must show that an ocular inspection
order is necessary to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or
provinces. It shall state in detail the place or places to be inspected. It shall be
supported by affidavits of witnesses having personal knowledge of the violation
or threatened violation of environmental law.
After hearing, the court may order any person in possession or control of a
designated land or other property to permit entry for the purpose of inspecting
or
photographing the property or any relevant object or operation thereon.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and
may prescribe other conditions to protect the constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The motion must
show that a production order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
After hearing, the court may order any person in possession, custody or control
of any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce
and permit their inspection, copying or photographing by or on behalf of the
movant.
The production order shall specify the person or persons authorized to make
the production and the date, time, place and manner of making the inspection
or production and may prescribe other conditions to protect the constitutional
rights of all parties.
Section 13. Contempt. - The court may after hearing punish the respondent
who refuses or unduly delays the filing of a return, or who makes a false return,
or any person who disobeys or resists a lawful process or order of the court for
indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After
hearing, the court shall issue an order submitting the case for decision. The
court may require the filing of memoranda and if possible, in its electronic form,
within a non-extendible period of thirty (30) days from the date the petition is
submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the time the petition is
submitted for decision, the court shall render judgment granting or denying the
privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from committing acts
or neglecting the performance of a duty in violation of environmental laws
resulting in environmental destruction or damage;
(b) Directing the respondent public official, government agency, private person
or entity to protect, preserve, rehabilitate or restore the environment;
(c) Directing the respondent public official, government agency, private person
or entity to monitor strict compliance with the decision and orders of the court;
(d) Directing the respondent public official, government agency, or private
person or entity to make periodic reports on the execution of the final judgment;
and
(e) Such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or restoration
of the
environment, except the award of damages to individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for reconsideration, any party may appeal
to the Supreme Court under Rule 45 of the Rules of Court. The appeal may
raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the
issuance of the writ of kalikasan shall not preclude the filing of separate civil,
criminal or administrative actions.
Sec 12, Rule 7, Part III of Rules of Procedure for Envi Cases
Section 12. Discovery Measures. - A party may file a verified motion for the
following reliefs:
(a) Ocular Inspection; order — The motion must show that an ocular inspection
order is necessary to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or
provinces. It shall state in detail the place or places to be inspected. It shall be
supported by affidavits of witnesses having personal knowledge of the violation
or threatened violation of environmental law.
After hearing, the court may order any person in possession or control of a
designated land or other property to permit entry for the purpose of inspecting
or
photographing the property or any relevant object or operation thereon.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and
may prescribe other conditions to protect the constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The motion must
show that a production order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
After hearing, the court may order any person in possession, custody or control
of any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce
and permit their inspection, copying or photographing by or on behalf of the
movant.
The production order shall specify the person or persons authorized to make
the production and the date, time, place and manner of making the inspection
or production and may prescribe other conditions to protect the constitutional
rights of all parties.
Action for Annulment of RTC Judgment
See Rule 47
Petition for Freeze Order on Monetary Instrument etc.
RULE OF PROCEDURE IN CASES OF CIVIL FORFEITURE, ASSET
PRESERVATION, AND FREEZING OF MONETARY INSTRUMENT,
PROPERTY, OR PROCEEDS REPRESENTING, INVOLVING, OR RELATING
TO AN UNLAWFUL ACTIVITY OR MONEY LAUNDERING OFFENSE UNDER
REPUBLIC ACT NO. 9160, AS AMENDED
Title I
Applicability
SEC. 1. Applicability. – The Rule shall govern all proceedings for civil forfeiture,
asset preservation and freezing of monetary instrument, property, or proceeds
representing, involving, or relating to an unlawful activity or a money laundering
offense under Republic Act No. 9160, as amended.
The Revised Rules of Court shall apply suppletorily when not inconsistent with
the provisions of this special Rule.
Title II
Civil Forfeiture in the Regional Trial Court
Sec. 2. Party to institute proceedings. – The Republic of the Philippines,
through the Anti-Money Laundering Council, represented by the Office of the
Solicitor General, may institute actions for civil forfeiture and all other remedial
proceedings in favor of the State of any monetary instrument, property, or
proceeds representing, involving, or relating to an unlawful activity or a money
laundering offense.
Sec. 3. Venue of cases cognizable by the regional trial court. – A petition for
civil forfeiture shall be filed in any regiona1 trial court of the judicial region
where the monetary instrument, property, or proceeds representing, involving,
or relating to an unlawful activity or to a money laundering offense are located;
provided, however, that where all or any portion of the monetary instrument,
property, or proceeds is located outside the Philippines, the petition may be
filed in the regiona1 trial court in Manila or of the judicial region where any
portion of the monetary instrument, property, or proceeds is located, at the
option of the petitioner.
Sec. 4. Contents of the petition for civil forfeiture. – The petition for civil
forfeiture shall be verified and contain the following allegations:
(a) The name and address of the respondent;
(b) A description with reasonable particularity of the monetary instrument,
property, or proceeds, and their location; and
(c) The acts or omissions prohibited by and the specific provisions of the
Anti-Money Laundering Act, as amended, which are alleged to be the grounds
relied upon for the forfeiture of the monetary instrument, property, or proceeds;
and the reliefs prayed for.
Sec. 5. Direct filing; action on the petition. – The petition shall be filed directly
with the executive judge of the regional trial court or, in his absence, the
vice-executive judge or, in their absence, any judge of the regional trial court of
the same station. He shall act on the petition within twenty-four hours after its
filing.
Sec. 6. Separate logbook. – The executive judge of the regional trial court shall
enter the petition in a logbook specifically designed for the purpose and assign
it a docket number. He shall designate a member of his staff to keep the
logbook under his custody and responsibility.
Sec. 7. Confidentiality; prohibited disclosure. – The logbook and the entries
therein shall be kept strictly confidential and maintained under the responsibility
of the executive judge. No person, including court personnel, shall disclose,
divulge or communicate to anyone directly or indirectly, in any manner or by
any means, the fact of the filing of the petition for an asset preservation order,
its contents and its entry in the logbook except to those authorized by the court.
Violation shall constitute contempt of court.
Sec. 8. Notice and manner of service. –
(a) The respondent shall be given notice of the petition in the same manner as
service of summons under Rule 14 of the Rules of Court and the following
rules:
The notice shall be served on respondent personally, or by any other means
prescribed in Rule 14 of the Rules of Court;
The notice shall contain: (i) the title of the case; (ii) the docket number; (iii) the
cause of action; and (iv) the relief prayed for; and
The notice shall likewise contain a proviso that, if no comment or opposition is
filed within the reglementary period, the court shall hear the case ex parte and
render such judgment as may be warranted by the facts alleged in the petition
and its supporting evidence.
(b) Where the respondent is designated as an unknown owner or whenever his
whereabouts are unknown and cannot be ascertained by diligent inquiry,
service may, by leave of court, be effected upon him by publication of the
notice of the petition in a newspaper of general circulation in such places and
for such time as the court may order. In the event that the cost of publication
exceeds the value or amount of the property to be forfeited by ten percent,
publication shall not be required.
Sec. 9. Comment or opposition. – The respondent shall file a verified comment
or opposition, not a motion to dismiss the petition, within fifteen days from
service of notice or within thirty days from the publication in case service of
notice was by publication.
The comment or opposition shall (a) state whether respondent admits the
allegations of the petition; (b) specify such inaccuracies or falsities in
petitioner’s statement of facts; and (c) state clearly and concisely the
respondent’s defense in law and the specific and pertinent provisions of the law
and their applicability to respondent.
Sec. 10. Effect of failure to file comment or opposition. – If no comment or (b) For covered government agencies:
opposition is filed within the reglementary period, the court shall hear the case
ex parte and render such judgment as may be warranted by the facts alleged in
the petition and its supporting evidence. Certificates of title numbers of registered real property and the volumes and
pages of the registration books of the Register of Deeds where the same are
registered;
Title III

Registration in the Primary Entry Book and corresponding Registration Book in

Asset Preservation Order: Ex Parte Issuance, the Register of Deeds for unregistered real property;

Summary Hearing, Service, Return and Registration with the Register of Deeds of the enabling or master deed for a
condominium project, declaration of restrictions relating to such condominium
project, certificate of title conveying a condominium and notice of assessment
Grounds for Discharge Raised in upon any condominium;

Motion, Comment or Opposition Tax declarations for improvements built on land owned by a different party,
together with the annotation of the contract of lease on the title of the owner of
Sec. 11. Ex parte issuance of provisional asset preservation order. – Where the the land as registered in the Register of Deeds;
executive judge of the regional trial court or, in his absence, the vice-executive
judge or, in their absence, any judge of the regional trial court available in the Certificates of registration for motor vehicles and heavy equipment indicating
same station, has determined that probable cause exists on the basis of the engine numbers, chassis numbers and plate numbers;
allegations of a verified petition sufficient in form and substance, with a prayer
for the issuance of an asset preservation order, that the monetary instrument,
property, or proceeds subject of the petition are in any way related to an Certificates of numbers for seacraft;
unlawful activity as defined in Section 3(i) of Republic Act No. 9160, as
amended by Republic Act No. 9194, the court may issue ex parte a provisional
asset preservation order effective immediately forbidding any transaction, Registration certificates for aircraft; or
withdrawal, deposit, transfer, removal, conversion, concealment or other
disposition of the subject monetary instrument, property, or proceeds. Such Commercial invoices or notarial identification for personal property capable of
order shall be effective for a period of twenty days from the respective dates of manual delivery;
service to respondent or any person acting in his behalf, and upon each
covered institution or government agency in accordance with Section 14 of this
Rule. whichever are applicable;

Sec. 12. Summary hearing. – The court shall schedule a hearing at a date and (c) The names of the account holders, personal property owners or possessors,
time within the twenty-day period at which the respondent may for good cause or real property owners or occupants;
show why the provisional asset preservation order should be lifted. The court
shall determine within the same period whether the provisional asset
(d) The peso value of the monetary instrument, property, or proceeds as of the
preservation order should be modified or lifted or an asset preservation order
time the assets were ordered seized and preserved;
should issue and act accordingly.

(e) All relevant information as to the nature of the monetary instrument,

Sec. 13. Issuance, form and content of asset preservation order. – The asset
property, or proceeds; and
preservation order issued under Section 11 or 12 shall:

(f) The date and time when the asset preservation order was served.
(a) issue in the name of the Republic of the Philippines represented by the
Anti-Money Laundering Council;
Sec. 17. Grounds for discharge of asset preservation order. – The respondent
or the party, whose personal or real property has been preserved pursuant to
(b) state the name of the court, the case number and title, and the subject order;
an asset preservation order, may raise in a motion or in the comment or
and
opposition the grounds for its discharge.

(c) require the sheriff or other proper officer to whom it is directed to serve a
For this purpose, the motion, comment or opposition shall:
copy of the order upon the respondent or any person acting in his behalf and
upon the covered institution or government agency.
(a) identify the specific property sought to be discharged;
Sec. 14. Service and enforcement of asset preservation order. – The asset
preservation order shall be served personally by the sheriff or other proper (b) state the respondent’s interest in such property; and
officer designated by the court in the manner provided in Sections 8, 19 and 20.
If personal service is not practicable, the order shall be served in any other
manner which the court may deem expedient. (c) be subscribed under oath.

When authorized by the court, service may be effected upon the respondent or
any person acting in his behalf and upon the treasurer or other responsible
officer of the covered institution or the head of the covered government agency,
by facsimile transmission (fax) or electronic mail (e-mail). In such cases, the
date of transmission shall be deemed to be prima facie the date of service.
The following grounds for the discharge of the asset preservation order may be
raised:
(a) The order was improperly or irregularly issued or enforced;

(b) Any of the material allegations in the petition, or any of the contents of any
The asset preservation order shall be enforceable anywhere in the Philippines. attachment to the petition thereto, or its verification, is false; and

Sec. 15. Duties of covered institution and government agencies upon receipt of
asset preservation order. – Upon receipt of notice of an asset preservation
order, the covered institution or government agency shall immediately preserve
the subject monetary instrument, property, or proceeds in accordance with the
order of the court and shall forthwith furnish a copy of the notice of the asset
preservation order upon the owner or holder of the subject monetary instrument,
property, or proceeds.
(c) The specific personal or real property ordered preserved is not in any
manner connected with the alleged unlawful activity as defined in Section 3(i)
of Republic Act No. 9160, as amended by Republic Act No. 9194.
No counterbond to discharge the asset preservation order shall be allowed
except for compelling reasons.

Sec. 16. Returns of the sheriff, covered institution or government agency. – Title IV
Within twenty-four hours from receipt of an asset preservation order, the sheriff
who served the order and the covered institution or government agency shall
Assets Subject to Preservation Order,
submit by personal delivery to the regional trial court which issued the order a
detailed written return specifying all the relevant information which shall include
the following: Guidelines in Serving Asset Preservation Order,

(a) For covered institutions: The account numbers for financial accounts or and Receivership
description of the monetary instrument, property, or proceeds involved;
Sec. 18. Assets subject to preservation order. ?
(a) Monetary instrument. ? The term “monetary instrument” includes:
Coins or currency of legal tender of the Philippines or of any other country;
Credit instruments, including bank deposits, financial interest, royalties,
commissions and other intangible personal property;
Drafts, checks and notes;
Stocks or shares, or an interest therein, of any corporation or company;
An interest in any corporation, partnership, joint venture or any other similar
association or organization for profit or otherwise;
Securities or negotiable instruments, bonds, commercial papers, deposit
certificates, trust certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and confirmations of sale or
investments and money market instruments;
Contracts or policies of insurance, life or non-life, and contracts of suretyship;
and
Other similar instruments where title thereto passes to another by assignment,
endorsement or delivery;
(b) Property. ? The term “property” refers to:
Personal property, including proceeds derived therefrom, traceable to any
unlawful activity as defined in Section 3(i) of Republic Act No. 9160, as
amended by Republic Act No. 9194, includes but is not limited to:
(i) Cash;
(ii) Jewelry, precious metals, and other similar items;
(iii) Works of art such as paintings, sculptures, antiques, treasures and other
similar precious objects;
(iv) Perishable goods; and
(v) Vehicles, vessels or aircraft, or any other similar conveyance.
Personal property, used as instrumentalities in the commission of any unlawful
activity defined in Section 3(i) of Republic Act No. 9160, as amended by
Republic Act No. 9194, such as:
(i) Computers, servers and other electronic information and communication
systems; and
(ii) Any conveyance, including any vehicle, vessel and aircraft.
Real estate, improvements constructed or crops growing thereon, or any
interest therein, standing upon the record of the registry of deeds of the
province in the name of the party against whom the asset preservation order is
issued, or not appearing at all upon such records, or belonging to the party
against whom the asset preservation order is issued and held by any other
person, or standing on the records of the registry of deeds in the name of any
other person, which are:
(i) derived from, or traceable to, any unlawful activity defined in Section 3(i) of
Republic Act No. 9160, as amended by Republic Act No. 9194; or
(ii) used as an instrumentality in the commission of any unlawful activity as
defined in Section 3(i) of Republic Act No. 9160, as amended by Republic Act
No. 9194.
(c) Proceeds. – The term “proceeds” refers to an amount derived or realized
from an unlawful activity, which includes, but is not limited to:
All material results, profits, effects and any amount realized from any unlawful
activity;
All monetary, financial or economic means, devices, documents, papers or
things used in or having any relation to any unlawful activity; and
All moneys, expenditures, payments, disbursements, costs, outlays, charges,
accounts, refunds and other similar items for the financing, operations and
maintenance of any unlawful activity.
Sec. 19. Guidelines in serving asset preservation order on perishable property.
– When perishable property is preserved, and the same is liable to deteriorate
in value and price by reason of delay in its disposition or is disproportionately
expensive to keep, the following guidelines are to be strictly followed:
(a) The petitioner may file a verified motion praying for the sale at public
auction of said perishable property setting forth all the facts showing such sale
to be necessary;
(b) If the court grants the motion, the sale shall be conducted in the same
manner as property sold under execution as provided in the Rules of Court:
Written notice must be given, before the sale, by posting of the time and place
of the sale in three public places, preferably in conspicuous areas of the
municipal or city hall, post office and public market in the municipality or city
where the perishable property is located and where the sale is to take place, for
such time as may be reasonable, considering the character and condition of
the property; and
The proceeds shall be deposited with the Clerk of Court to be disposed of
according to the final judgment of the court.
Sec. 20. Guidelines in serving asset preservation order on real estate property.
– When real estate property is ordered preserved, the following guidelines are
to be strictly followed:
(a) Real property shall not be physically seized before a final order of forfeiture;
(b) The owners, if known, and occupants of the real property shall not be
evicted from, or otherwise deprived of the use and enjoyment of, real property
that is the subject of a pending forfeiture action;
(c) Notice of the asset preservation order shall be served in accordance with
Section 14 of this Rule on the owners, if known, and occupants of the real
property along with a copy of the petition; and
(d) The sheriff shall also post in a conspicuous place on the real property a
copy of the asset preservation order.
Sec. 21. Designation of receiver. – Upon verified motion, the court may order
any person in contro1 or possession of the monetary instrument, property, or
proceeds to turn over the same to a receiver appointed by the court under such
terms and conditions as the court may deem proper in the following instances:
(a) When it appears that the party applying for the appointment of a receiver
has an interest in the property or fund and that such property or fund is in
danger of being lost, removed or materially injured;
(b) When it appears that the property is in danger of being wasted or dissipated
or materially injured;
(c) After judgment, to preserve the property during the pendency of an appeal,
or to dispose of it according to the judgment or to aid execution when the
execution has been returned unsatisfied or the judgment obligor refuses to
apply his property in satisfaction of the judgment, or otherwise to carry the
judgment into effect; and
(d) Whenever in other cases it appears that the appointment of a receiver is the
most convenient and feasible means of administering or disposing of the
property in litigation.
Title V
Pre-trial
Sec. 22. Pre-trial. –
(a) Pre-trial mandatory. – Pre-trial is mandatory. If a comment or an opposition
is filed, the court shall forthwith send notice of pre-trial conference to the
parties.
(b) Purpose. – The court shall consider:
The possibility of obtaining stipulations or admissions of facts and of
documents to avoid unnecessary proof;
The simplification of the issues;
The necessity or desirability of amendments to the pleadings;
The limitation of the number of witnesses;
The advisability of a preliminary reference of issues to a commissioner;
The propriety of rendering judgment on the pleadings, or summary judgment,
or of dismissing the action should a valid ground therefor be found to exist; and
Such other matters as may aid in the prompt disposition of the action.
(c) Notice of pre-trial conference.?The notice of pre-trial conference shall
contain:
The date of the pre-trial conference which shall be set within thirty days from
the date of receipt by the court of the comment or opposition; and
An order directing the parties to file and serve their respective pre-trial briefs.
The parties shall ensure the receipt of the pre-trial brief by the adverse party at
least three days before the date of pre-trial.
(d) Separate service of notice; appearances. ?The notice shall be served
separately on the parties and their respective counsel, both of whom shall
appear personally at the pre-trial conference. It shall be the duty of the counsel
to inform his client of the pre-trial conference. The failure of a party to appear
may be excused only if a valid cause is shown therefor or if a representative
shall appear in his behalf, fully authorized in writing to enter into stipulations or
admissions of facts and of documents.
Sec. 23. Contents of the pre-trial brief. – The pre-trial brief shall contain the
following:
(a) A full and complete statement of the respective claims of the parties with a
citation of the applicable laws and authorities;
(b) A statement of the admitted facts and proposed stipulations of facts, as well
as the disputed factual and legal issues;
(c) Copies of the documents or exhibits to be presented, stating their purpose;
(d) The names and number of witnesses, and the substance of their respective
testimony; and
(e) Such other matters as may aid in the prompt disposition of the case.
Failure of a party to file a pre-trial brief or to comply with its required contents
shall have the same effect as failure to appear at the pre-trial conference.
Sec. 24. Effect of failure to appear at the pre-trial conference. – Failure of the
petitioner or counsel to appear at the pre-trial conference shall be cause for
dismissal of the petition. The dismissal shall be with prejudice, unless
otherwise ordered by the court. A similar failure on the part of the respondent or
counsel shall be cause to allow the petitioner to present its evidence ex parte
and the court to render judgment on the basis thereof.
Sec. 25. Pre-trial order. –
(a) Upon termination of the pre-trial conference, the court shall issue a pre-trial
order which shall recite in detail the matters taken up, the actions thereon, the
amendments allowed on the pleadings, the agreements or admissions made
by the parties on any of the matters considered, including any provisional order
that may be necessary or agreed to by the parties.
(b) In case the court determines the need for further hearing, the pre-trial order
shall contain a recital of the following:
Facts admitted or undisputed;
Facts disputed;
Factual and legal issues to be resolved;
Evidence, including objects and documents, that have been marked and are to
be presented;
The witnesses to be presented and the substance of their respective testimony;
Schedule of the presentation of evidence by both parties which shall be as
expeditious as possible; and
Such other matters as may aid in the prompt disposition of the case.
(c) The parties shall not be allowed to raise issues or present witnesses and
evidence other than those stated in the pre-trial order. The order shall control
the trial of the case, unless modified by the court to prevent manifest injustice.
(d) The parties shall have ten days from receipt of the pre-trial order to propose
corrections or modifications.
Sec. 26. Prohibited procedures. – The rules on amicable settlement, mediation
and other alternative mode of dispute resolution shall not apply.
Title VI
Trial, Judgment and Review
Sec. 27. No prior charge, pendency or conviction necessary. – No prior criminal
charge, pendency of or conviction for an unlawful activity or money laundering
offense is necessary for the commencement or the resolution of a petition for
civil forfeiture.
Sec. 28. Precedence of proceedings. – Any criminal case relating to an
unlawful activity shall be given precedence over the prosecution of any offense
or violation under Republic Act No. 9160, as amended, without prejudice to the
filing of a separate petition for civil forfeiture or the issuance of an asset
preservation order or a freeze order. Such civil action shall proceed
independently of the criminal prosecution.
Sec. 29. Trial. – The trial shall proceed in accordance with the applicable
provisions of Rule 30 of the Rules of Court.
Sec. 30. Business records as exception to the hearsay rule. – A memorandum,
report, record or data compilation of acts, events, conditions, opinions or
diagnoses, made by electronic, optical or other similar means at or near the
time of or from transmission or supply of information by a person with
knowledge, as a regular practice, and kept in the normal course of conduct of a
business activity, as shown by the testimony of the custodian or other qualified
witness, is excepted from the rule on hearsay evidence.
Sec. 31. Factors to determine where lies preponderance of evidence. -In
rendering judgment, the court may consider the following factors to determine
where lies the preponderance of evidence:
(a) That the monetary instrument, property, or proceeds are represented,
involved, or related to an unlawful activity or a money laundering offense:
If the value or amount involved is not commensurate with the business,
financial or earning capacity of the person;
If any transaction indicates a clear deviation from the profile or previous
transactions of the person;
If a person opens, maintains or controls an account with a covered institution
not in his own name or registered business name unless authorized under
existing law;
If a person has structured transactions in order to avoid being the subject of
reporting requirements under Republic Act No. 9160, as amended; or
If any transaction exists that has no apparent underlying legal or trade
obligation, purpose or economic justification;
or
(b) That the monetary instrument, property, or proceeds, the sources of which
originated from or are materially linked to monetary instruments, properties, or
proceeds used in the commission of an unlawful activity or money laundering
offense, are related to the said unlawful activity or money laundering offense.
Sec. 32. Judgment. – The court shall render judgment within thirty days from
submission of the case for resolution. It shall grant the petition if there is
preponderance of evidence in favor of the petitioner and declare the monetary
instrument, property, or proceeds forfeited to the State or, in appropriate cases,
order the respondent to pay an amount equal to the value of the monetary
instrument or property and adjudge such other reliefs as may be warranted.
Sec. 33. Service and enforcement of judgment. – A certified copy of the
judgment issued shall be served upon the parties or persons acting in their
behalf and upon the covered institution or government agency as the court may
direct.
Sec. 34. Appeal. –
(a) Notice and period of appeal. – An aggrieved party may appeal the judgment
to the Court of Appeals by filing within fifteen days from its receipt a notice of
appeal with the court which rendered the judgment and serving a copy upon
the adverse party.
(b) Procedure on appeal. – The parties shall file, in lieu of briefs, their
respective memoranda within a non-extendible period of thirty days from
receipt of the notice issued by the clerk of court to the parties that all the
evidence, oral and documentary, are attached to the record.
The failure of the appellant to file his memorandum within the period therefor
may be a ground for dismissal of the appeal.
Title VII
Claims Against Forfeited Assets
Sec. 35. Notice to file claims. – Where the court has issued an order of
forfeiture of the monetary instrument or property in a civil forfeiture petition for
any money laundering offense defined under Section 4 of Republic Act No.
9160, as amended, any person who has not been impleaded nor intervened
claiming an interest therein may apply, by verified petition, for a declaration that
the same legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified petition
shall be filed with the court which rendered the order of forfeiture within fifteen
days from the date of finality of the order of forfeiture, in default of which the
said order shall be executory and bar all other claims.
Sec. 36. How to file a claim; contents. – In his petition, the claimant must state
the complete facts, attach the affidavits of his witnesses, supporting documents
and other evidence, and personally verify the claim. The claimant shall file the
petition with the clerk of court, pay the docket and other lawful fees and submit
proof of service of a copy of the claim upon the petitioner.
Sec. 37. Effect of non-compliance with requirements. – The court may dismiss
the claim outright if it is not sufficient in form and substance and is manifestly
filed for delay. Otherwise, it shall issue a notice to the petitioner to file its
comment on the claim.
Sec. 38. Notice to file comment. – Within fifteen days after notice, petitioner
shall file a comment admitting or denying the claim specifically, and setting
forth the substance of the matters which are relied upon to support the
admission or denial. If the petitioner has no knowledge sufficient to enable it to
admit or deny specifically, it shall state such want of knowledge. The petitioner
in its comment shall allege in offset any fees, charges, taxes and expenses due
to it. A copy of the comment shall be served on the claimant.
Sec. 39. Disposition of admitted or uncontested claim. – The court may, without
hearing, issue an appropriate order approving any claim admitted or not
contested by the petitioner.
Sec. 40. Hearing on contested claim. – Upon the filing of a comment contesting
the claim, the court shall set the claim for hearing within thirty days with notice
to all parties.
Sec. 41. Final order. – The court shall issue a final order on the contested claim
within thirty days from submission.
Sec. 42. Appeal. – An appeal to the Court of Appeals may be taken in the same
manner as prescribed in Section 34 of this Rule.
Title VIII
Petitions for Freeze Order in the Court of Appeals
Sec. 43. Applicability. – This Rule shall apply to petitions for freeze order in the
Court of Appeals. The 2002 Internal Rules of the Court of Appeals, as
amended, shall apply suppletorily in all other aspects.
Sec. 44. Party to file petition. ?The Republic of the Philippines, through the
Anti-Money Laundering Council, represented by the Office of the Solicitor
General, may file ex parte with the Court of Appeals a verified petition for a
freeze order on any monetary instrument, property or proceeds relating to or
involving an unlawful activity as defined under Section 3(i) of Republic Act No.
9160, as amended by Republic Act No. 9194.
Sec. 45. Form of application. -An application for a freeze order shall be in the
form of a verified petition accompanied by a sworn certification against forum
shopping personally signed by an authorized official of the Anti-Money
Laundering Council and as provided in the fourth paragraph of Section 3, Rule
46, Rules of Court.
Sec. 46. Contents of the petition. – The petition shall contain the following
allegations:
(a) The name and address of the respondent;
(b) A specific description with particularity of the monetary instrument, property
or proceeds, their location, the name of the owner, holder, lienholder or
possessor, if known;
(c) The grounds relied upon for the issuance of a freeze order; and
(d) The supporting evidence showing that the subject monetary instrument,
property, or proceeds are in any way related to or involved in an unlawful
activity as defined under Section 3(i) of Republic Act No. 9160, as amended by
Republic Act No. 9194.
The petition shall be filed in seven clearly legible copies and shall be
accompanied by clearly legible copies of supporting documents duly
subscribed under oath.
Sec. 47. Direct filing and docketing. – To ensure the confidentiality of an
application for a freeze order, the petition shall be filed directly with the
Presiding Justice in Manila or the Executive Justices in Cebu City or Cagayan
de Oro City, who shall enter the same in a logbook specifically designed for the
purpose, and assigned a docket number. In the absence of any of the
aforenamed justices, the petition may be filed with the next available senior
justice, who shall act on the petition as provided in this Rule.
Sec. 48. Separate logbook. – There shall be a logbook under the custody and
responsibility of a designated member of the staff of the Presiding Justice or
Executive Justices. The petition shall be docketed in the logbook and the name
of the assigned justice entered thereon.
Sec. 49. Confidentiality; prohibited disclosure. – The logbook and the entries
therein shall be kept strictly confidential and maintained under the responsibility
of the Presiding Justice or the Executive Justices, as the case may be. No
person, including Court personnel, shall disclose, divulge or communicate to
anyone directly or indirectly, in any manner or by any means, the fact of the
filing of the petition for freeze order, its contents and its entry in the logbook
except to those authorized by the Court. Violation shall constitute contempt of
court.
Sec. 50. Raffle. -The petition shall be raffled immediately on the same day it is
filed. The raffle shall be personally conducted by the Presiding Justice or the
Executive Justices in the presence of the Chairmen of the second and third
divisions in Manila, Cebu City or Cagayan de Oro City. The petition shall be
raffled to a specific justice actually present in the Court from among the
members of the first three divisions in Manila, Cebu City or Cagayan De Oro
City, for study and report.
Sec. 51. Action by the Court of Appeals. – All members of the Division of the
Court to which the assigned justice belongs shall act on the petition within
twenty-four hours after its filing. However, if one member of the Division is not
available, the assigned justice and the other justice present shall act on the
petition. If only the assigned justice is present, he shall act alone. The action of
the two justices or of the assigned justice alone, as the case may be, shall be
forthwith promulgated and thereafter submitted on the next working day to the
absent member or members of the Division for ratification, modification or
recall.
If the Court is satisfied from the verified allegations of the petition that there
exists probable cause that the monetary instrument, property, or proceeds are
in any way related to or involved in any unlawful activity as defined in Section
3(i) of Republic Act No. 9160, as amended by Republic Act No. 9194, it shall
issue ex parte a freeze order as hereinafter provided.
If the Court finds no substantial merit in the petition, it shall dismiss the petition
outright, stating the specific reasons for such dismissal.
When the unanimous vote of the three justices of the Division cannot be
obtained, the Presiding Justice or the Executive Justice shall designate two
justices by raffle from among the other justices of the first three divisions to sit
temporarily with them forming a special division of five justices. The
concurrence of a majority of such special division shall be required for the
pronouncement of a judgment or resolution.
Sec. 52. Issuance, form and contents of the freeze order . – The freeze order
shall:
(a) issue in the name of the Republic of the Philippines represented by the
Anti-Money Laundering Council;
(b) describe with particularity the monetary instrument, property or proceeds
frozen, as well as the names of their owner or owners; and
(c) direct the person or covered institution to immediately freeze the subject
monetary instrument, property or proceeds or its related web of accounts.
Sec. 53. Freeze order. –
(a) Effectivity; post-issuance hearing. – The freeze order shall be effective
immediately for a period of twenty days. Within the twenty-day period, the court
shall conduct a summary hearing, with notice to the parties, to determine
whether or not to modify or lift the freeze order, or extend its effectivity as
hereinafter provided.
(b) Extension. – On motion of the petitioner filed before the expiration of twenty
days from issuance of a freeze order, the court may for good cause extend its
effectivity for a period not exceeding six months.
Sec. 54. Notice of freeze order. – The court shall order that notice of the freeze
order be served personally, in the same manner provided for the service of the
asset preservation order in Section 14 of this Rule, upon the respondent or any
person acting in his behalf and such covered institution or government agency.
The court shall notify also such party in interest as may have appeared before
the court.
Sec. 55. Duty of respondent, covered institution or government agency upon
receipt of freeze order. – Upon receipt of a copy of the freeze order, the
respondent, covered institution or government agency shall immediately desist
from and not allow any transaction, withdrawal, deposit, transfer, removal,
conversion, other movement or concealment of the account representing,
involving or relating to the subject monetary instrument, property, proceeds or
its related web of accounts.
Sec. 56. Consolidation with the pending civil forfeiture proceedings. -After the
post-issuance hearing required in Section 53, the Court shall forthwith remand
the case and transmit the records to the regional trial court for consolidation
with the pending civil forfeiture proceeding.
Sec. 57. Appeal. – Any party aggrieved by the decision or ruling of the court
may appeal to the Supreme Court by petition for review on certiorari under Rule
45 of the Rules of Court. The appeal shall not stay the enforcement of the
subject decision or final order unless the Supreme Court directs otherwise.
iii. Regional Trial Court
BP 129
Section 21. Original jurisdiction in other cases. – Regional Trial Courts
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.
Petition for Writ of Amparo
A.M. No. 07-9-12-SC
(25 September 2007)
THE RULE ON THE WRIT OF AMPARO
SECTION 1. Petition. – The petition for a writ of amparo is a remedy
available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or
threats thereof.
SEC. 2. Who May File. – The petition may be filed by the aggrieved
party or by any qualified person or entity in the following order:
Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;
Any ascendant, descendant or collateral relative of the aggrieved party
within the fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
Any concerned citizen, organization, association or institution, if there is
no known member of the immediate family or relative of the aggrieved party.
The filing of a petition by the aggrieved party suspends the right of all
other authorized parties to file similar petitions. Likewise, the filing of the
petition by an authorized party on behalf of the aggrieved party suspends the
right of all others, observing the order established herein.
SEC. 3. Where to File. – The petition may be filed on any day and at any
time with the Regional Trial Court of the place where the threat, act or omission
was committed or any of its elements occurred, or with the Sandiganbayan, the
Court of Appeals, the Supreme Court, or any justice of such courts. The writ
shall be enforceable anywhere in the Philippines.
When issued by a Regional Trial Court or any judge thereof, the writ
shall be returnable before such court or judge.
When issued by the Sandiganbayan or the Court of Appeals or any of
their justices, it may be returnable before such court or any justice thereof, or to
any Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the
Sandiganbayan or the Court of Appeals or any of their justices, or to any
Regional Trial Court of the place where the threat, act or omission was
committed or any of its elements occurred.
SEC. 4. No Docket Fees. – The petitioner shall be exempted from the
payment of the docket and other lawful fees when filing the petition. The court,
justice or judge shall docket the petition and act upon it immediately.
SEC. 5. Contents of Petition. – The petition shall be signed and verified
and shall allege the following:
The personal circumstances of the petitioner;
The name and personal circumstances of the respondent responsible
for the threat, act or omission, or, if the name is unknown or uncertain, the
respondent may be described by an assumed appellation;
The right to life, liberty and security of the aggrieved party violated or
threatened with violation by an unlawful act or omission of the respondent, and
how such threat or violation is committed with the attendant circumstances
detailed in supporting affidavits;
 The investigation conducted, if any, specifying the names, personal
circumstances, and addresses of the investigating authority or individuals, as
well as the manner and conduct of the investigation, together with any report;
The actions and recourses taken by the petitioner to determine the fate
or whereabouts of the aggrieved party and the identity of the person
responsible for the threat, act or omission; and
The relief prayed for.
The petition may include a general prayer for other just and equitable
reliefs.
SEC. 6. Issuance of the Writ. – Upon the filing of the petition, the court,
justice or judge shall immediately order the issuance of the writ if on its face it
ought to issue. The clerk of court shall issue the writ under the seal of the court;
or in case of urgent necessity, the justice or the judge may issue the writ under
his or her own hand, and may deputize any officer or person to serve it.
The writ shall also set the date and time for summary hearing of the
petition which shall not be later than seven (7) days from the date of its
issuance.
SEC. 7. Penalty for Refusing to Issue or Serve the Writ. – A clerk of
court who refuses to issue the writ after its allowance, or a deputized person
who refuses to serve the same, shall be punished by the court, justice or judge
for contempt without prejudice to other disciplinary actions.
SEC. 8. How the Writ is Served. – The writ shall be served upon the
respondent by a judicial officer or by a person deputized by the court, justice or
judge who shall retain a copy on which to make a return of service. In case the
writ cannot be served personally on the respondent, the rules on substituted
service shall apply.
SEC. 9. Return; Contents. – Within seventy-two (72) hours after service
of the writ, the respondent shall file a verified written return together with
supporting affidavits which shall, among other things, contain the following:
The lawful defenses to show that the respondent did not violate or
threaten with violation the right to life, liberty and security of the aggrieved party,
through any act or omission;
The steps or actions taken by the respondent to determine the fate or
whereabouts of the aggrieved party and the person or persons responsible for
the threat, act or omission;
All relevant information in the possession of the respondent pertaining to
the threat, act or omission against the aggrieved party; and
If the respondent is a public official or employee, the return shall further
state the actions that have been or will still be taken:
to verify the identity of the aggrieved party;
to recover and preserve evidence related to the death or disappearance
of the person identified in the petition which may aid in the prosecution of the
person or persons responsible;
to identify witnesses and obtain statements from them concerning the
death or disappearance;
to determine the cause, manner, location and time of death or
disappearance as well as any pattern or practice that may have brought about
the death or disappearance;
to identify and apprehend the person or persons involved in the death or
disappearance; and
to bring the suspected offenders before a competent court.
The return shall also state other matters relevant to the investigation, its
resolution and the prosecution of the case.
A general denial of the allegations in the petition shall not be allowed.
SEC. 10. Defenses not Pleaded Deemed Waived. — All defenses shall
be raised in the return, otherwise, they shall be deemed waived.
SEC. 11. Prohibited Pleadings and Motions. – The following pleadings
and motions are prohibited:
Motion to dismiss;
Motion for extension of time to file return, opposition, affidavit, position
paper and other pleadings;
Dilatory motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply;
Motion to declare respondent in default;
Intervention;
Memorandum;
Motion for reconsideration of interlocutory orders or interim relief orders;
and
Petition for certiorari, mandamus or prohibition against any interlocutory
order.
SEC. 12. Effect of Failure to File Return. — In case the respondent fails
to file a return, the court, justice or judge shall proceed to hear the petition ex
parte.
SEC. 13. Summary Hearing. — The hearing on the petition shall be
summary. However, the court, justice or judge may call for a preliminary
conference to simplify the issues and determine the possibility of obtaining
stipulations and admissions from the parties.
The hearing shall be from day to day until completed and given the
same priority as petitions for habeas corpus.
SEC. 14. Interim Reliefs. — Upon filing of the petition or at anytime
before final judgment, the court, justice or judge may grant any of the following
reliefs:
(a) Temporary Protection Order. – The court, justice or judge, upon
motion or motu proprio, may order that the petitioner or the aggrieved party and
any member of the immediate family be protected in a government agency or
by an accredited person or private institution capable of keeping and securing
their safety. If the petitioner is an organization, association or institution
referred to in Section 3(c) of this Rule, the protection may be extended to the
officers involved.
The Supreme Court shall accredit the persons and private institutions
that shall extend temporary protection to the petitioner or the aggrieved party
and any member of the immediate family, in accordance with guidelines which
it shall issue.
The accredited persons and private institutions shall comply with the
rules and conditions that may be imposed by the court, justice or judge.
(b) Inspection Order. — The court, justice or judge, upon verified motion
and after due hearing, may order any person in possession or control of a
designated land or other property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any relevant object or
operation thereon.
The motion shall state in detail the place or places to be inspected. It
shall be supported by affidavits or testimonies of witnesses having personal
knowledge of the enforced disappearance or whereabouts of the aggrieved
party.
If the motion is opposed on the ground of national security or of the
privileged nature of the information, the court, justice or judge may conduct a
hearing in chambers to determine the merit of the opposition.
The movant must show that the inspection order is necessary to
establish the right of the aggrieved party alleged to be threatened or violated.
The inspection order shall specify the person or persons authorized to
make the inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the constitutional
rights of all parties. The order shall expire five (5) days after the date of its
issuance, unless extended for justifiable reasons.
(c) Production Order. – The court, justice or judge, upon verified motion
and after due hearing, may order any person in possession, custody or control
of any designated documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or electronic form, which
constitute or contain evidence relevant to the petition or the return, to produce
and permit their inspection, copying or photographing by or on behalf of the
movant.
The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge
may conduct a hearing in chambers to determine the merit of the opposition.
The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.
(d) Witness Protection Order. – The court, justice or judge, upon motion
or motu proprio, may refer the witnesses to the Department of Justice for
admission to the Witness Protection, Security and Benefit Program, pursuant to
Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other
government agencies, or to accredited persons or private institutions capable
of keeping and securing their safety.
SEC. 15. Availability of Interim Reliefs to Respondent. – Upon verified
motion of the respondent and after due hearing, the court, justice or judge may
issue an inspection order or production order under paragraphs (b) and (c) of
the preceding section.
A motion for inspection order under this section shall be supported by
affidavits or testimonies of witnesses having personal knowledge of the
defenses of the respondent.
SEC. 16. Contempt. – The court, justice or judge may order the
respondent who refuses to make a return, or who makes a false return, or any
person who otherwise disobeys or resists a lawful process or order of the court
to be punished for contempt. The contemnor may be imprisoned or imposed a
fine.
SEC. 17. Burden of Proof and Standard of Diligence Required. – The
parties shall establish their claims by substantial evidence.
The respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and regulations was
observed in the performance of duty.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The respondent public official or employee cannot invoke the
presumption that official duty has been regularly performed to evade
responsibility or liability.
SEC. 18. Judgment. — The court shall render judgment within ten (10)
days from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall grant the privilege of
the writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied.
SEC. 19. Appeal. – Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise questions of
fact or law or both.
The period of appeal shall be five (5) working days from the date of
notice of the adverse judgment.
The appeal shall be given the same priority as in habeas corpus cases.
SEC. 20. Archiving and Revival of Cases. – The court shall not dismiss
the petition, but shall archive it, if upon its determination it cannot proceed for a
valid cause such as the failure of petitioner or witnesses to appear due to
threats on their lives.
A periodic review of the archived cases shall be made by the amparo
court that shall, motu proprio or upon motion by any party, order their revival
when ready for further proceedings. The petition shall be dismissed with
prejudice upon failure to prosecute the case after the lapse of two (2) years
from notice to the petitioner of the order archiving the case.
The clerks of court shall submit to the Office of the Court Administrator a
consolidated list of archived cases under this Rule not later than the first week
of January of every year.
SEC. 21. Institution of Separate Actions. — This Rule shall not preclude
the filing of separate criminal, civil or administrative actions.
SEC. 22. Effect of Filing of a Criminal Action. – When a criminal action
has been commenced, no separate petition for the writ shall be filed. The reliefs
under the writ shall be available by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of amparo.
SEC. 23. Consolidation. – When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter shall be consolidated with the
criminal action.
When a criminal action and a separate civil action are filed subsequent
to a petition for a writ of amparo, the latter shall be consolidated with the
criminal action.
After consolidation, the procedure under this Rule shall continue to
apply to the disposition of the reliefs in the petition.
SEC. 24. Substantive Rights. — This Rule shall not diminish, increase
or modify substantive rights recognized and protected by the Constitution.
SEC. 25. Suppletory Application of the Rules of Court. – The Rules of
Court shall apply suppletorily insofar as it is not inconsistent with this Rule.
SEC. 26. Applicability to Pending Cases. – This Rule shall govern cases
involving extralegal killings and enforced disappearances or threats thereof
pending in the trial and appellate courts.
Petition for Writ of Habeas Data
SECTION 1. Habeas Data. - The writ of habeas data is a remedy
available to any person whose right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a public official or
employee, or of a private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the person, family, home
and correspondence of the aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a petition for the
writ of habeas data. However, in cases of extralegal killings and enforced
disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party, namely:
the spouse, children and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved
party within the fourth civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
SEC. 3. Where to File. - The petition may be filed with the Regional Trial
Court where the petitioner or respondent resides, or that which has jurisdiction
over the place where the data or information is gathered, collected or stored, at
the option of the petitioner.
The petition may also be filed with the Supreme Court or the Court of
Appeals or the Sandiganbayan when the action concerns public data files of
government offices.
SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a
Regional Trial Court or any judge thereof, it shall be returnable before such
court or judge.
 When issued by the Court of Appeals or the Sandiganbayan or any of its
justices, it may be returnable before such court or any justice thereof, or to any
Regional Trial Court of the place where the petitioner or respondent resides, or
that which has jurisdiction over the place where the data or information is
gathered, collected or stored.
When issued by the Supreme Court or any of its justices, it may be
returnable before such Court or any justice thereof, or before the Court of
Appeals or the Sandiganbayan or any of its justices, or to any Regional Trial
Court of the place where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is gathered, collected
or stored.
The writ of habeas data shall be enforceable anywhere in the
Philippines.
Sec. 5. Docket Fees. - No docket and other lawful fees shall be required
from an indigent petitioner. The petition of the indigent shall be docked and
acted upon immediately, without prejudice to subsequent submission of proof
of indigency not later than fifteen (15) days from the filing of the petition.
SEC. 6. Petition. - A verified written petition for a writ of habeas
data should contain:
(a) The personal circumstances of the petitioner and the respondent;
(b) The manner the right to privacy is violated or threatened and how it
affects the right to life, liberty or security of the aggrieved party;
(c) The actions and recourses taken by the petitioner to secure the data
or information;
(d) The location of the files, registers or databases, the government
office, and the person in charge, in possession or in control of the data or
information, if known;
(e) The reliefs prayed for, which may include the updating, rectification,
suppression or destruction of the database or information or files kept by the
respondent.
In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and
(f) Such other relevant reliefs as are just and equitable.
SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court,
justice or judge shall immediately order the issuance of the writ if on its face it
ought to issue. The clerk of court shall issue the writ under the seal of the court
and cause it to be served within three (3) days from the issuance; or, in case of
urgent necessity, the justice or judge may issue the writ under his or her own
hand, and may deputize any officer or person serve it.
The writ shall also set the date and time for summary hearing of the
petition which shall not be later than ten (10) work days from the date of its
issuance.
SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court
who refuses to issue the writ after its allowance, or a deputized person who
refuses to serve the same, shall be punished by the court, justice or judge for
contempt without prejudice to other disciplinary actions.
SEC. 9. How the Writ is Served. - The writ shall be served upon the
respondent by a judicial officer or by a person deputized by the court, justice or
judge who shall retain a copy on which to make a return of service. In case the
writ cannot be served personally on the respondent, the rules on substituted
service shall apply.
SEC. 10. Return; Contents. - The respondent shall file a verified written
return together with supporting affidavits within five (5) working days from
service of the writ, which period may be reasonably extended by the Court for
justifiable reasons. The return shall, among other things, contain the following:
(a) The lawful defenses such as national security, state secrets,
privileged communications, confidentiality of the source of information of media
and others;
(b) In case of respondent in charge, in possession or in control of the
data or information subject of the petition;
(i) a disclosure of the data or information about the petitioner, the nature
of such data or information, and the purpose for its collection;
(ii) the steps or actions taken by the respondent to ensure the security
and confidentiality of the data or information; and,
(iii) the currency and accuracy of the data or information held; and,
(c) Other allegations relevant to the resolution of the proceeding.
A general denial of the allegations in the petition shall not be allowed.
SEC. 11. Contempt. - The court, justice or judge may punish with
imprisonment or fine a respondent who commits contempt by making a false
return, or refusing to make a return; or any person who otherwise disobeys or
resist a lawful process or order of the court.
SEC. 12. When Defenses May be Heard in Chambers. - A hearing in
chambers may be conducted where the respondent invokes the defense that
the release of the data or information in question shall compromise national
security or state secrets, or when the data or information cannot be divulged to
the public due to its nature or privileged character.
Sec. 13. Prohibited Pleadings and Motions. - The following pleadings
and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return, opposition, affidavit,
position paper and other pleadings;
(c) Dilatory motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply;
(h) Motion to declare respondent in default;
(i) Intervention;
(j) Memorandum;
(k) Motion for reconsideration of interlocutory orders or interim relief
orders; and
(l) Petition for certiorari, mandamus or prohibition against any
interlocutory order.
SEC. 14. Return; Filing. - In case the respondent fails to file a return, the
court, justice or judge shall proceed to hear the petition ex parte, granting the
petitioner such relief as the petition may warrant unless the court in its
discretion requires the petitioner to submit evidence.
SEC. 15. Summary Hearing. - The hearing on the petition shall be
summary. However, the court, justice or judge may call for a preliminary
conference to simplify the issues and determine the possibility of obtaining
stipulations and admissions from the parties.
SEC. 16. Judgment. - The court shall render judgment within ten (10)
days from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall enjoin the act
complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be just
and equitable; otherwise, the privilege of the writ shall be denied.
Upon its finality, the judgment shall be enforced by the sheriff or any
lawful officers as may be designated by the court, justice or judge within five (5)
working days.
SEC. 17. Return of Service. - The officer who executed the final
judgment shall, within three (3) days from its enforcement, make a verified
return to the court. The return shall contain a full statement of the proceedings
under the writ and a complete inventory of the database or information, or
documents and articles inspected, updated, rectified, or deleted, with copies
served on the petitioner and the respondent.
 The officer shall state in the return how the judgment was enforced and
complied with by the respondent, as well as all objections of the parties
regarding the manner and regularity of the service of the writ.
SEC. 18. Hearing on Officer’s Return. - The court shall set the return for
hearing with due notice to the parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final judgment or
order to the Supreme Court under Rule 45. The appeal may raise questions of
fact or law or both.
The period of appeal shall be five (5) working days from the date of
notice of the judgment or final order.
The appeal shall be given the same priority as in habeas
corpus and amparo cases.
SEC. 20. Institution of Separate Actions. - The filing of a petition for the
writ of habeas data shall not preclude the filing of separate criminal, civil or
administrative actions.
SEC. 21. Consolidation. - When a criminal action is filed subsequent to
the filing of a petition for the writ, the latter shall be consolidated with the
criminal action.
When a criminal action and a separate civil action are filed subsequent
to a petition for a writ of habeas data, the petition shall be consolidated with the
criminal action.
After consolidation, the procedure under this Rule shall continue to
govern the disposition of the reliefs in the petition.
SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action
has been commenced, no separate petition for the writ shall be filed. The relief
under the writ shall be available to an aggrieved party by motion in the criminal
case.
The procedure under this Rule shall govern the disposition of the reliefs
available under the writ of habeas data.
SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or
modify substantive rights.
SEC. 24. Suppletory Application of the Rules of Court. - The Rules of
Court shall apply suppletorily insofar as it is not inconsistent with this Rule.
Petition for Writ of Continuing Mandamus
AM 09-6-8-SC
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or violation of
an environmental law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no other plain,
speedy and adequate remedy in the ordinary course of law, the person
aggrieved thereby may file a verified petition in the proper court, alleging the
facts with certainty, attaching thereto supporting evidence, specifying that the
petition concerns an environmental law, rule or regulation, and praying that
judgment be rendered commanding the respondent to do an act or series of
acts until the judgment is fully satisfied, and to pay damages sustained by the
petitioner by reason of the malicious neglect to perform the duties of the
respondent, under the law, rules or regulations. The petition shall also contain
a sworn certification of non-forum shopping.
Section 2. Where to file the petition. - The petition shall be filed with the
Regional Trial Court exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the Court of Appeals or the
Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the payment of
docket fees.
Section 4. Order to comment. - If the petition is sufficient in form and substance,
the court shall issue the writ and require the respondent to comment on the
petition within ten (10) days from receipt of a copy thereof. Such order shall be
served on the respondents in such manner as the court may direct, together
with a copy of the petition and any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is
filed may issue such orders to expedite the proceedings, and it may also grant
a TEPO for the preservation of the rights of the parties pending such
proceedings.
Section 6. Proceedings after comment is filed. - After the comment is filed or
the time for the filing thereof has expired, the court may hear the case which
shall be summary in nature or require the parties to submit memoranda. The
petition shall be resolved without delay within sixty (60) days from the date of
the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the
writ of continuing mandamus requiring respondent to perform an act or series
of acts until the judgment is fully satisfied and to grant such other reliefs as may
be warranted resulting from the wrongful or illegal acts of the respondent. The
court shall require the respondent to submit periodic reports detailing the
progress and execution of the judgment, and the court may, by itself or through
a commissioner or the appropriate government agency, evaluate and monitor
compliance. The petitioner may submit its comments or observations on the
execution of the judgment.
Section 8. Return of the writ. - The periodic reports submitted by the
respondent detailing compliance with the judgment shall be contained in partial
returns of the writ.
Upon full satisfaction of the judgment, a final return of the writ shall be made to
the court by the respondent. If the court finds that the judgment has been fully
implemented, the satisfaction of judgment shall be entered in the court docket.
iv. Shari’ah District Court
PD 1083
Article 143. Original jurisdiction.
(1) The Shari'a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and
filiation arising under this Code;
(c) Petitions for the declaration of absence and death and for the
cancellation or correction of entries in the Muslim Registries mentioned in Title
VI of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties are
Muslims, if they have not specified which law shall govern their relations; and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas
corpus, and all other auxiliary writs and processes in aid of its appellate
jurisdiction.
(2) Concurrently with existing civil courts, the Shari'a District Court shall have
original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home, change of
name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d)
wherein the parties involved are Muslims except those for forcible entry and
unlawful detainer, which shall fall under the exclusive original jurisdiction of the
Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein
the parties are Muslims or the property involved belongs exclusively to
Muslims.
Article 144. Appellate jurisdiction.
(1) Shari'a District Courts shall have appellate jurisdiction over all cases
tried in the Shari'a Circuit Courts within their territorial jurisdiction.
(2) The Shari'a District Court shall decide every case appealed to it on
the basis of the evidence and records transmitted as well as such memoranda,
briefs or oral arguments as the parties may submit.
d. Appellate Jurisdiction
 i. Supreme Court

Art 8, Sec 5, Par 2

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders of lower courts
in:

(a) All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.

(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.

(e) All cases in which only an error or question of law is involved.

RULE 45, 1997 Rules of Court

Appeal by Certiorari to the Supreme Court

Section 1. Filing of petition with Supreme Court. — A party desiring to appeal

by certiorari from a judgment or final order or resolution of the Court of Appeals,
the Sandiganbayan, the Regional Trial Court or other courts whenever
authorized by law, may file with the Supreme Court a verified petition for review
on certiorari. The petition shall raise only questions of law which must be
distinctly set forth.