R.A.

9054
ARTICLE VIII
ADMINISTRATION OF JUSTICE
Section 1. Exercise of Judicial Power. - The judicial powers shall be vested in the Supreme
Court and in such lower courts as may be established by law including the Shari'ah Courts in
accordance with Section 5 hereof.
Section 2. Justices from Autonomous Region. - It shall be the policy of the central government
or national government that, whenever feasible, at least one (1) justice in the Supreme Court and
two (2) justices in the Court of Appeals shall come from qualified jurists of the autonomous
region. For this purpose, the Regional Governor may, after consultations with the Regional
Assembly and concerned sectors in the autonomous region, submit the names of qualified
persons to the Judicial and Bar Council for its consideration. The appointments of those
recommended by the Regional Governor to the judicial positions mentioned above are without
prejudice to appointments that may be extended to other qualified inhabitants of the autonomous
region to other positions in the Judiciary.
Section 3. Consultant to the Judicial and Bar Council. - The President shall appoint a qualified
person as a consultant to the Judicial and Bar Council recommended by the Regional Governor
in consultation with the concerned sectors of the autonomous region. The person recommended
by the Regional Governor shall first be confirmed by the Regional Assembly. Once appointed by
the President, the consultant shall sit with the Judicial and Bar Council only to advise and be
consulted by the council on matters of appointments to judicial positions in the autonomous
region.
Section 4. Deputy Court Administrator. - The Office of the Deputy Court Administrator for the
autonomous region is hereby created. The Deputy Court Administrator for the autonomous
region shall be appointed by the Chief Justice of the Supreme Court from among three
recommendees submitted by the Regional Governor upon previous confirmation by the Regional
Assembly and after consultation with the concerned sectors of the autonomous region.
Section 5. Shari'ah Courts. - The Regional Assembly of the autonomous region shall provide for
the establishment of Shari'ah courts. Shari'ah courts existing as of the date of the approval of this
Organic Act shall continue to discharge their duties. The judges, thereof, may, however, be
reshuffled upon recommendation of the Deputy Court Administrator of the autonomous region.
Section 6. Shari'ah Public Assistance Office. - There is hereby created a Shari'ah Public
Assistance Office. The Office shall be staffed by a director and two (2) lawyers who are
members of the Philippine Shari'ah bar. They may be assisted by such personnel as may be
determined by the Regional Assembly. Unless otherwise provided by regional law, the
compensation of the director and the Shari'ah lawyers shall be equivalent to the salary grade of a
Director III and a trial lawyer of the Public Assistance Office, respectively.

The Shari'ah Public Assistance Office is hereby established in each of the Shari'ah judicial
districts to provide free legal assistance to poor or indigent party litigants.
Section 7. Shari'ah Appellate Court. -There is hereby created a Shari'ah Appellate Court which
shall have jurisdiction over cases enumerated in Section 9 of this Article.
Section 8. Shari'ah Appellate Court Composition. - The Shari'ah Appellate Court shall be
composed of one (1) presiding justice and two (2) associate justices. Any vacancy shall be filled
within ninety (90) days from the occurrence thereof.
Section 9. Jurisdiction of the Shari'ah Appellate Court. -The Shari'ah Appellate Court shall:
(a)Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus,
habeas corpus, and other auxiliary writs and processes only in aid of its appellate
jurisdiction; and,
(b)Exercise exclusive appellate jurisdiction over all cases tried in the Shari'ah district
courts as established by law.
Section 10. Shari'ah Appellate Court Decisions. - The decisions of the Shari'ah Appellate Court
shall be final and executory. Nothing herein contained shall, however, affect the original and
appellate jurisdiction of the Supreme Court, as provided in the Constitution.
Section 11. Shari'ah Appellate Court Justices Qualifications and Appointments. - The Justices of
the Shari'ah Appellate Court shall possess the same qualifications as those of the Justices of the
Court of Appeals and, in addition, shall also be learned in Islamic law and jurisprudence.
The members of the Shari'ah Appellate Court shall be appointed by the President from a list of at
least three (3) nominees prepared by the Judicial and Bar Council. The nominees shall be chosen
from a list of recommendees submitted by the Regional Assembly. Such appointments need no
confirmation.
Section 12. Shari'ah Appellate Court Justices Tenure of Office. - The Presiding Justice and
Associate Justices of the
Shari'ah Appellate Court shall serve until they reach the age of seventy (70) years, unless sooner
removed for cause in the same manner as justices of the Court of Appeals or become
incapacitated to discharge the duties of their office.
Section 13. Shari'ah Appellate Court Justices Compensation. - The Presiding Justice and
Associate Justices of the Shari'ah Appellate Court shall receive the same compensation and enjoy
the same privileges as the Presiding Justice and Associate Justices of the Court of Appeals,
respectively.
Section 14. Shari'ah Appellate Court Administrator and Clerk of Court. - The Supreme Court
shall, upon recommendation of the Presiding Justice of the Shari'ah Appellate Court, appoint the

court administrator and clerk of court of the Appellate Court. Such other personnel as may be
necessary for the Shari'ah Appellate Court shall be appointed by the Presiding Justice of said
court.
The pertinent provisions of existing law regarding the qualifications, appointments,
compensations, functions, duties, and other matters relative to the personnel of the Court of
Appeals shall apply to those of the Shari'ah Appellate Court.
Section 15. Prohibition Against Holding of Other Offices. -The Justices of the Shari'ah Appellate
Court and the judges of other Shari'ah courts shall not be appointed or designated to any office or
agency performing quasi-judicial or administrative functions.
Section 16. Shari'ah Appellate Court Official Seat. - The official seat of the Shari'ah Appellate
Court shall unless the Supreme Court decides otherwise, be in the province or city where the seat
of the Regional Government is located.
Section 17. Shari'ah Appellate Court Proceedings. -Proceedings in the Shari'ah Appellate Court
and in the Shari'ah lower courts in the autonomous region shall be governed by such special rules
as the Supreme Court may promulgate.
Section 18. Shari'ah Courts. - The Shari'ah district courts and the Shari'ah circuit courts created
under existing laws shall continue to function as provided therein. The judges of the Shari'ah
courts shall have the same qualifications as the judges of the regional trial courts, the
metropolitan trial courts or the municipal trial courts, as the case may be. In addition, they must
be learned in Islamic law and jurisprudence.
Section 19. Tribal Courts. - There is hereby created a system of tribal courts, which may include
a Tribal Appellate Court, for the indigenous cultural communities in the autonomous region.
These courts shall determine, settle, and decide controversies and enforce decisions involving
personal and family and property rights of members of the indigenous cultural community
concerned in accordance with the tribal codes of these communities. These courts may also
exercise exclusive jurisdiction over crimes committed by members of indigenous cultural
communities where the imposable penalty as prescribed by the Revised Penal Code or other
pertinent law does not exceed imprisonment of six (6) years or a fine not exceeding Fifty
thousand pesos (P50,000) or both such imprisonment and fine and where the offended party or
parties are also members of the indigenous cultural community concerned.
The Regional Assembly shall define the composition and jurisdiction of the said courts in
accordance with the Constitution, existing laws, and this Organic Act.
Section 20. Jurisconsult in Islamic Law. - The Regional Assembly shall give priority
consideration to the organization of the office of jurisconsult in Islamic law as established under
existing law and provision for its facilities to enable the proper functioning of the office.

Section 21. Customary Law. - The Regional Assembly shall provide for the codification of
indigenous laws and compilation of customary laws of the Muslims and the indigenous cultural
communities in the autonomous region.
Section 22. Application and Interpretation of Laws. - The provisions of the Muslim code and the
tribal code shall be applicable only to Muslims and other members of indigenous cultural
communities respectively and nothing herein shall be construed to operate to the prejudice of the
non-Muslims and non-members of indigenous cultural communities.
In case of conflict between the Muslim code and the tribal code, the national law shall apply.
In case of conflict between the Muslim code or the tribal code on the one hand, and the national
law on the other, the latter shall prevail.
Except in cases of successional rights to property, the regular courts shall acquire jurisdiction
over controversies involving real property located outside the area of autonomy. Muslims who
sue other Muslims or members of indigenous cultural communities who sue other members of
indigenous cultural communities over matters covered respectively by Shari'ah or by tribal laws
may agree to litigate their grievances before the proper Shari'ah or tribal court in the autonomous
region. The procedure for this recourse to the Shari'ah or tribal court shall be prescribed by the
Supreme Court.
Section 23. Bases for Interpretation of Islamic Law. - Subject to the provisions of the
Constitution, the Shari'ah courts shall interpret Islamic law based on sources such as:
(a)Al-Qur'an (The Koran);
(b)Al-Sunnah (Prophetic traditions);
(c)Al-Qiyas (Analogy); and
(d)Al-Ijima (Consensus).
Section 24. Shari'ah Powers and Functions. - The powers and functions of the Shari'ah courts
and the Shari'ah Public Assistance Office shall be defined by the Regional Assembly subject to
the provisions of the Constitution.

Republic Act No. 8249

February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN,

AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is
hereby further amended to read as follows:
"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and
Compensation. - A special court, of the same level as the Court of Appeals and
possessing all the inherent powers of a court ofjustice, to be known as the Sandiganbayan
is hereby created composed of a presiding justice and fourteen associate justices who
shall be appointed by the President."
Section 2. Section 2 of the same decree is hereby further amended to read as follows:
"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 cases filed with it: Provided, however, That cases originating
from the principal geographical regions of the country, that is, from Luzon, Visayas or
Mindanao, shall be heard in their respective regions of origin except only when the
greater convenience of the accused and of the witnesses, or other compelling
considerations require the contrary, in which instance a case originating from one
geographical region may be heard in another geographical region: Provided, further, That
for this purpose the presiding justice shall authorize any divisions of the court to hold
sessions at any time and place outside Metro Manila and, where the interest of justice so
requires, outside the territorial boundaries of the Philippines. The Sandiganbayan may
require the services of the personnel and the use of facilities of the courts or other
government offices where any of the divisions is holding sessions and the personnel of
such courts or offices shall be subject to the orders of the Sandiganbayan."
Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.
Section 4. Section 4 of the same decree is hereby further amended to read as follows:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft
and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code, where one or more of the accused are officials
occupying the following positions in the government whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as Grade '27' and higher, of the Compensation
and Position Classification Act of 1989 (Republic Act No. 6758), specifically
including:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other
provincial department heads;
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors engineers and other city department heads;
"(c) Officials of the diplomatic service occupying the position of consul
and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers
of higher rank;
"(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher;
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or
-controlled corporations, state universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as Grade'27'and up
under the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without prejudice to
the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade'27'and higher under
the Compensation and Position Classification Act of 1989.
"b. Other offenses orfelonies whether simple or complexed with other crimes committed
by the public officials and employees mentioned in subsection a of this section in relation
to their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
"In cases where none of the accused are occupying positions corresponding to salary
grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP
officers mentioned above, exclusive original jurisdiction thereof shall be vested in the
proper regional trial court, metropolitan trial court, municipal trial court and municipal
circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided
in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether in the exercise of their own original
jurisdiction orof their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in cases filed or which
may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That
the jurisdiction over these petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions
for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and
from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its
special prosecutor, shall represent the People of the Philippines, except in cases filed
pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in govemment-owned or
controlled corporations, they shall be tried jointly with said public officers and employees
in the proper courts which shall exercise exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability shall at all
times be simultaneously instituted with, and jointly determined in, the same proceeding
by the Sandiganbayan or the appropriate courts, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to reserve
the filing of such civil action separately from the criminal action shall be recognized:
Provided, however, That where the civil action had therefore been filed separately but
judgment therein has not yet been rendered, and the criminal case is hereafter filed with
the Sandiganbayan or the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be
deemed abandoned."

Section 5. Section 7 of the same decree is hereby further amended to read as follows:
'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final
orders determining the merits of a case or finally disposing of the action or proceedings
of the Sandijanbayan shall contain complete findings of the facts and the law on which
they are based, on all issues properly raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within fifteen
(15) days from promulgation or notice of the final order on judgment, and such motion
for reconsideration shall be decided within thirty (30) days from submission thereon.
"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme Court
by petition for review on certiorari raising pure questions of law in accordance with Rule
45 of the Rules of Court. Whenever, in any case decided by the Sandiganbayan, the
penalty of reclusion perpetua, life imprisonment or death is imposed, the decision shall be
appealable to the Supreme Court in the manner prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the
manner provided by law.
"Decisions and final orders of other courts in cases cognizable by said courts under this
decree as well as those rendered by them in the exercise of their appellate jurisdiction
shall be appealable to, or be reviewable by, the Sandiganbayan in the manner provided by
Rule 122 of the Rules of the Court.
"In case, however, the imposed penalty by the Sandiganbayan or the regional trial court
in the proper exercise of their respective jurisdictions, is death, review by the Supreme
Court shall be automatic, whether or not accused files an appeal."
Section 6. Appropriations. - The amount necessary to carry out the initial implementation of this
Act shall be charged against the current fiscal year appropriations of the Sandiganbayan.
Thereafter, such sums as may be needed for its continued implementation shall be included in the
annual General Appropriations Act.
Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court over
which trial has not begun as of the approval hereof
Section 8. Separability of Provisions. - If for any reason any provision of this Act is declared
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force
and effect.
Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

REPUBLIC ACT No. 7975

AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL
ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT PURPOSE
PRESIDENTIAL DECREE NO. 1606, AS AMENDED
Section 1. Section 3 of Presidential Decree No. 1606, as amended by Executive Order No. 184,
is hereby further amended to read as follows:
"Sec. 3. Division of the Court; Quorum. - The Sandiganbayan shall sit in five (5) divisions of
three justices each. The five (5) may sit at the same time.
"The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be
in Cebu City for cases coming from the Visayas region, and the fifth division shall be in Cagayan
de Oro City for cases coming from the Mindanao region.
"Three Justices shall constitute a quorum for sessions in divisions: Provided, That when the
required quorum for the particular division cannot be had due to the legal disqualification or
temporary disability of a Justice or of a vacancy occurring therein, 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 a case or cases
assigned thereto, unless the operation of the court will be prejudiced thereby, in which case, the
President shall, upon the recommendation of the Presiding Justice, designate any Justice or
Justices of the Court of Appeals to sit temporarily therein."
Section 2. Section 4 of the same Decree is hereby further amended to read as follows:
"Sec. 4. Jurisdiction. The Sandiganbayan shall exercise original jurisdiction in all cases
involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft
and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII of
the Revised Penal Code, where one or more of the principal accused are officials
occupying the following positions in the government, whether in permanent, acting or
interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as grade 27 and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically
including:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads;

"(b) City mayors, vice-mayors, members of the sangguniang panlungsod,

city treasurers, assessors, engineers, and other city department heads;
"(c) Officials of the diplomatic service occupying the position of consul
and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers
of higher rank;
"(e) PNP chief superintendent and PNP officers of higher rank;
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations;
"(2) Members of Congress and officials thereof classified as Grade "27" and up
under the Compensation and Position Classification Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of Constitutional Commissions, without prejudice to
the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade "27" and higher
under the Compensation and Position Classification Act of 1989;
"b. Other offenses or felonies committed by the public officials and employees mentioned
in subsection (a) of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A.
"In cases where none of the principal accused are occupying positions corresponding to salary
grade "27" or higher, as prescribed in the said Republic Act No. 6758, or PNP officers occupying
the rank of superintendent or higher, or their equivalent, exclusive jurisdiction thereof shall be
vested in the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and
Municipal Circuit Trial Court, as the case may be, pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction on appeals from the final
judgments, resolutions or orders of regular courts where all the accused are occupying positions
lower than salary grade "27", or not otherwise covered by the preceding enumeration.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of
the writs of mandamus, prohibition, certiorari, habeas corpus, injunction, and other ancillary
writs and processes in aid of its appellate jurisdiction: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that
the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions
for review to the Court of Appeals shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the
Supreme Court, the office of the Ombudsman, through its special prosecutor, shall represent the
people of the Philippines except in cases filed pursuant to Executive Orders Nos. 1, 2, 14 and 14A.
"In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees, including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and employees in the proper
courts which shall exercise exclusive jurisdiction over them.
"Any provision of law or 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 or the appropriate courts, the filing of the criminal action
being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the
filing of such civil action separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately but judgment therein
has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate
court as the case may be, for consolidation and joint determination with the criminal action,
otherwise the separate civil action shall be deemed abandoned."
Section 3. Section 7 of the same decree is hereby amended to read as follows:
"Sec. 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders
determining the merits of a case or finally disposing of the action or proceedings of the
Sandiganbayan shall contain complete findings of the facts and the law on which they are based,
on all issues properly raised before it and necessary in deciding the case.
"A petition for reconsideration of any final order or decision may be filed within fifteen (15)
days from promulgation or notice of the final order or judgment, and such motion for
reconsideration shall be decided within thirty (30) days from submission thereon.
"Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by
petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the
Rules of Court. Whenever, in any case decided by the Sandiganbayan, the penalty of reclusion
perpetua or higher is imposed, the decision shall be appealable to the Supreme Court in the

manner prescribed in the Rules of Court. In case the penalty imposed is death, review by the
Supreme Court shall be automatic, whether or not the accused filed an appeal.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner
provided by law.
"Decisions and final orders of other courts, in cases cognizable by said courts under this Act
shall be appealable to the Sandiganbayan within fifteen (15) days from promulgation or notice to
the parties."
Section 4. Section 9 of the same Decree is hereby amended to read as follows:
"Sec. 9. Rules of Procedure. - The Rules of Court promulgated by the Supreme Court shall apply
to all cases and proceedings filed with the Sandiganbayan. The Sandiganbayan shall have no
power to promulgate its own rules of procedure, except to adopt internal rules governing the
allotment of cases among the divisions, the rotation of justices among them, and other matters
relating to the internal operations of the court which shall be inforced until repealed or modified
by the Supreme Court."
Section 5. Section 10 of the same Decree is hereby repealed.
Section 6. Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders Nos. 101 and 184
and all other laws, decrees, orders and rules of which are inconsistent therewith are hereby
repealed or modified accordingly.
Section 7. Upon the effectivity of this Act, all criminal cases in which trial has not begun in the
Sandiganbayan shall be referred to the proper courts.
Section 8. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Republic Act No. 8369

October 28, 1997

AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE

ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING
BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF
1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote the
welfare of children in keeping with the mandate of the Constitution and the precepts of the
United Nations Convention on the rights of the Child. The State shall provide a system of
adjudication for youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. The courts shall preserve the solidarity of the family,
provide procedures for the reconciliation of spouses and the amicable settlement of family
controversy.
Section 3. Establishment of Family Courts. - There shall be established a Family Court in every
province and city in the country. In case where the city is the capital of the province, the Family
Court shall be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa
Blg. 129, as amended, is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or
Presiding Judge of the Family Court unless he is a natural-born citizen of the Philippines,
at least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in
the practice of law in the Philippines or has held a public office in the Philippines
requiring admission to the practice of law as indispensable requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court
personnel of the Family Courts, shall undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original
jurisdiction to hear and decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age but not less than nine (9) years of age or where one
or more of the victims is a minor at the time of the commission of the offense: Provided,
That if the minor is found guilty, the court shall promulgate sentence and ascertain any
civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and wife or those living
together under different status and agreements, and petitions for dissolution of conjugal
partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No.
209, otherwise known as the "Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related
laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to
result in physical, sexual or psychological harm or suffering to women; and other
forms of physical abuse such as battering or threats and coercion which violate a
woman's personhood, integrity and freedom movement; and

2) Children - which include the commission of all forms of abuse, neglect,

cruelty, exploitation, violence, and discrimination and all other conditions
prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%) of
their income derived from filing and other court fees under Rule 141 of the Rules of Court for
research and other operating expenses including capital outlay: Provided, That this benefit shall
likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the
provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of violence among immediate family
members living in the same domicile or household, the Family Court may issue a restraining
order against the accused of defendant upon verified application by the complainant or the victim
for relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody. The
court may also order support pendente lite, including deduction from the salary and use of
conjugal home and other properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have
direct control and supervision of the youth detention home which the local government unit shall
establish to separate the youth offenders from adult criminals: Provided, however, That
alternatives to detention and institutional care shall be made available to the accused including
counseling, recognizance, bail, community continuum, or diversions from the justice system:
Provided, further, That the human rights of the accused are fully respected in a manner
appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe Department of
Social Welfare and Development (DSWD), a Social Services and Counseling Division (SSCD)
shall be established in each judicial region as the Supreme Court shall deem necessary based on
the number of juvenile and family cases existing in such jurisdiction. It shall provide appropriate
social services to all juvenile and family cases filed with the court and recommend the proper
social action. It shall also develop programs, formulate uniform policies and procedures, and
provide technical supervision and monitoring of all SSCD in coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff
composed of qualified social workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting intake assessment, social case studies,

casework and counseling, and othersocial services that may be needed in connection with cases
filed with the court: Provided, however, That in adoption cases and in petitions for declaration of
abandonment, the case studies may be prepared by social workers of duly licensed child caring
or child placement agencies, or the DSWD. When warranted, the division shall recommend that
the court avail itself of consultative services of psychiatrists, psychologists, and other qualified
specialists presently employed in other departments of the government in connection with its
cases.
The position of Social Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas where
no Family Court has been established or no Regional Trial Court was designated by the Supreme
Court due to the limited number of cases, the DSWD shall designate and assign qualified,
trained, and DSWD accredited social workers of the local government units to handle juvenile
and family cases filed in the designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the
child and family cases shall be treated in a manner consistent with the promotion of the child's
and the family's dignity and worth, and shall respect their privacy at all stages of the
proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of
parties shall not be divulged unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of
procedure for the transfer of cases to the new courts during the transition period and for the
disposition of family cases with the best interests of the child and the protection of the family as
primary consideration taking into account the United Nations Convention on the Rights of the
Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner
and subject to the same conditions as appeals from the ordinary Regional Trial Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall
be included in the General Appropriations Act of the year following in its enactment into law and
thereafter.
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with
the DSWD, shall formulate the necessary rules and regulations for the effective implementation
of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the
Supreme Court shall designate from among the branches ofthe Regional Trial Court at least one
Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San
Jose, Angeles, Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod,
Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan, Cagayan de Oro, Davao,

General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in such other
places as the Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts when
their dockets permit: Provided, That such additional cases shall not be heard on the same day
family cases are heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be
adjudicated by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared unconstitutional,
the other provisions shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or regulations
inconsistent herewith are hereby repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Republic Act No. 7691

March 25, 1994

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS,

MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING
FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE KNOWN AS THE
"JUDICIARY REORGANIZATION ACT OF 1980"

Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary
Reorganization Act of 1980", is hereby amended to read as follows:
"Sec. 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 value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible
entry into and unlawful detainer of lands or buildings, original jurisdiction over
which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
"(3) In all actions in admiralty and maritime jurisdiction where the 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
(P200,000.00);
"(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 (P200,000.00);
"(5) In all actions involving the contract of marriage and marital relations;
"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person
or body exercising jurisdiction of any court, tribunal, person or body exercising
judicial or quasi-judicial functions;
"(7) In all civil actions and special proceedings falling within the exclusive
original jurisdiction of a Juvenile and Domestic Relations Court and of the Court
of Agrarian Relations as now provided by law; and
"(8) In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value of the
property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in

such other cases in Metro Manila, where the demand exclusive of the
abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."
Section 2. Section 32 of the same law is hereby amended to read as follows:
"Sec. 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."
Section 3. Section 33 of the same law is hereby amended to read as follows:
"Sec. 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 interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs shall be included in the
determination of the filing fees: Provided, further, That where there are several
claims or causes of actions between the same or different parties, embodied in the
same complaint, the amount of the demand shall be the totality of the claims in all
the causes of action, irrespective of whether the causes of action arose out of the
same or different transactions;
"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful
detainer: Provided, That when, in such cases, the defendant raises the questions of
ownership in his pleadings and the question of possession cannot be resolved

without deciding the issue of ownership, the issue of ownership shall be resolved
only to determine the issue of possession; and
"(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed value of
the property or interest therein does not exceed 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 in
cases of land not declared for taxation purposes, the value of such property shall
be determined by the assessed value of the adjacent lots."
Section 4. Section 34 of the same law is hereby amended to read as follows:
"Sec. 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 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."
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts
mentioned in Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by
this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years
thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand pesos
(P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned
jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to
Four hundred thousand pesos (P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be
considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not yet reached the
pre-trial stage. However, by agreement of all the parties, civil cases cognizable by municipal and
metropolitan courts by the provisions of this Act may be transferred from the Regional Trial
Courts to the latter. The executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition of jurisdiction to
the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in two (2) national newspapers of general circulation.