L// 4 __. SUPREME COURT a s for certiorani, prohibition or mandamus against the: 1.Court of Appeals (Sec. 17, Judiciary Act of 1948); 2.Commission on Elections (See 7, Art IX, 1987 Constitution); 3.Commission on Audit (Sec. 7, Art IX, 1987 Constitution); 4, Sandiganbayan (P.D. No. 1606 as amended); 5.Court of Tax Appeals (RA 9262) -_| Disciplinary proceedings against members of the Bar and court personneli(Sec. 6, Art Vill, 1987 Constitution; Rule 56, 1997 Revised Rules of Civil Procedure). | With the RTC - Ne Cases affecting ambassadors, other public ministers and consuls (See. 21 [2], B.P. 129; Sec. § [1], Art Vill, 1987 Constitution)). L. # With the Ca: S) Petitions for certiorari, prohibition or mandamus against the a.RTC (Sec. 21 [1], B.P.-129); b.Civil Service Commission (RA 7902); c.Central Board of Assessment Appeals (P.D. 464; BP 129; RA 7902): d.National Labor Relations Commission (See St. Martin Funeral Homes v. NLRC, G.R. No. 130866, September 16, 1998); e.Other quasi-judicial agencies (BP 129; RA 7902, Heirs of Hinog v Melicor, G.R. No. 140954, April 12, 2005): 2. Petitions for a Writ of Kalikasan (A.M, No. 09-6-8-SC, Pule 7, Sec. 3). With the RTC & CA: 1.Petitions for Habeas Corpus; 2.Petitions for Quo Warranto; ‘] 3.Petitions for certiorari, prohibition or mandamus against inferior courts and other bodies (Sec. 9 [1], 21 {1}, BP. 129; Sec. [1], Art Vill, 1987 Constitution) ) With the RTC, CA & Sandiganbayan 1. Petitions for a Writ of Amparo (Sec. 3, A.M. NO. 07-9-12-S0); 2. Petitions for a Writ of Habeas Data (Sec. 3, A.M. NO. 08-1-16-SC). By way of paliton Tor review on caroran Wppeal by Cortorar] under Rule 48), againal the | 1.Court of Appeals; 2'Sandiganbayan; S.RTC on pure questions of law: iivcases Involving the consttionalty or vali ofa treaty, intemational agreement or cxcctlve “agreement. law, presidential decree, proclamation, order, Instuclion, trdinance of Fegultion, logally of a tax, post, assessment, tll or penal, jurisdiction of a lower court (CONST. Art. Vill, Sec. 5); 5.Goutt of Tax Appeals en banc (Sec. 19, FLA. 9262). SAN BEDA COLLEGE OF LAW 2015 CENTRALIZED BAR OprRATIONS 9With the SC 1. Petitions for certiorari, prohibition or mandamus against the | RTC (Sec. 21 [1], BP. 129); Civil Service Commission (RA 7902); Central Board of Assessment Appeals (P.D. 464; BP 129; RA 7902), National Labor Relations Commission (See St. Martin Funeral Homes v. NLAC, GA. No. 130866, September 16, 1998), e. Other quasi-judicial agencies (BP 129; AA No, 140954, April 12, 2005); 2. Petitions for a Writ of Kalikasan (A.M. No. 09-6-8-SC, Rule 7,-Se¢. 3):7 eege 7902, Heirs of Hinog v Melicor, G.R. air abate With the SC. & RTC 1... Pelitions for Habeas Corpus; 2:. Pelitions for Quo Warranto; | 3. Petitions for certiorari, prohibition or mandamus against inferior courts and other bodies;(Sec. 91), 21 [1], B.P. 129; Sec. 5 [1], Art Vill, 1987 Constitution) With the RTC, SC, & Sandiganbayan 1. Petitions for a Writ of Amparo (Sec. 3, A.M. NO. 07-9-12-SC); 2. Pelitions for a Writ of Habeas Data (Sec. 3, A.M. NO. 08-1-16-SC). By way of Ordinary Appeal from the RTC and the Family Cours; 2.By way of Petion for Review from the RTC rendered in the exercise of its appellate jurisdiction; 3.By way of Petition for Review from the decisions, resolutions, orders or awards of the: a.Civil Service Commission; 3 b Office of the Ombudsman in administrative disciplinary; and Other bodies mentioned in ule 43; (RIANO, Vol. J, supra at 105) || 4.Exclusive appeliate jurisdiction by way of ordinary appeal over decisions of the MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction(Sec. 34, BP. 129 as amended by R.A. 7691). REGIONAL TRIAL COt eT Se If the gross value, claim, or demand Ifthe gross value, claim, or demand exceeds poem: || PhP300.000 (outside "Metro Manila), or | 2088 "Ot excaed PHF 300.008 (ousice | Exceeds PhP400,000 (Metro Mania): Se Coe ee ‘[7i-Aclions involving personal property depending on the value of the property; 2.Admiralty and maritime cases depending on the amount of demand or claim; 3.Probate proceedings (testate or intestate) depending on the gross value of the estate, fF 4.Demand for money depending on the amount. Note: Exclusive of Interest, Damages of whatever kind, Attomey's fees, Litigation Expenses, and Costs (IDALEC), the amount of which must be specifically alleged. | However, although IDALEC are excluded in determining the jurisdiction of the court, these items however, shall be included in the determination of the filing fees (See 33{1], BP 129 as amended). || Note: The exclusion of the term “damages of whatever kind" in determining jurisdictional amount under Seo. 19/8) and Sec. 33[1] of B.P. 129, as amended b} ‘SAN BEDA COLLEGE OF LAW 10 2015 CENTRALIZED BAR OPERATIONSther ion ed: ro sind ‘damages is the main‘cause of action, or one such claim shall be considered in deter (Administrative Circular No. 09-94), |] Note: The totality of all claims embodied i || determining jurisdiction whether the claims Of the causes of action, the amount of mining the jurisdiction of the court in one complaint shall be the test in arise out of the same or different transactions, or whether the claims arise out of the same or different transactions, or whether they belong to the same or different persons (Sec. 33, BP 129). If the assessed value or interest in ofthe real property exceeds PhP20,000 (outside Metro | Manila), or exceeds PhPS0,000 (Metro Manila): 5.Actions involving title to or possession of depending on the assessed value. jurisdiction of the court only if the property i | _alleged by the piaintif in the complaint. BActions the subject matter of which is incapable of pecuniary estimation (See discussion under Rule 4, Sec. 3). Where the basic issue is something other than the right to recover a sum of money, of the money claim is merely incidental to the principal relief, the action is incapable of pecuniary estimation (Russel v. Vesti, GR. No. 119347. March 17, 1999). Note: Annulment of judgments of the RTC is also an action which is incapable. of pecuniary estimation but is cognizable by the CA by express mandate of BP-129. In ‘other words, all actions which” are incapable of pecuniary estimation is cognizable by the RTC except the annulment of judgments of the RTC. } 7.cases not within the exclusive jurisdiction ‘of any court, tribunal, person or body exercising judicial or quasi-judicial functions (General Jurisdiction of RTC); 8.Under Sec. 5.2 of the Securities and Regulations Code to hear and decide: ‘a.Cases involving Devices or schemes ‘employed by or any acts, of the board of directors, business associates, its, officers or partnership, amounting to fraud and misrepresentation; b.Controversies arising out_ of _Intra~ Tf the assessed value’ or interest in the real property does not exceed PhP20,000 (outside Metro Manila), or does not exceed PhP50,000 (Metro Manila Note: Assessed valuation of property plays an important role in determining the involved is real property. If the involved property is personal property, the basis of jurisdiction of the court is the valuation (BP. 881, Sec. 138); 7.Cases falling under the 1991 Rules ‘on Summary Procedure a.Forcible Entry and Unlawful Detainer Note: Irrespective of the amount |. of damages or unpaid rentals ‘sought to be recovered; Note: Where attomey's fees are awarded, the same shall not ‘exceed PhP20,000, b.Other civil cases, except probate proceedings, where the total amount of the plaintif’s claim does not exceed PhP100,000 or does not exceed PhP200,000 in Metro Manila, exclusive of interests and costs (as amended by AM. No. 02-11-09-SC, effective November 25, 2002). 8. Cases falling under the Rule of Procedure for Small Claims Cases ‘eal property, or any interest therein Giinclusion and exclusion of voters SAN BEDA COLLEGE OF LAW 2015 CenTRALIZED BAR OPERATIONS cr“Sorporate or parinership relations; c.Controversies in the elections i appointments of directors, trustees, officers or managers of corporations, partnerships or associations; d.Petitions of corporations, partnerships or associations to be deciared in a state of suspension of payments. or ‘The SC may designate certain branches of RTC to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases not falling under the jurisdiction of any quasi- judicial bodies and. agencies, and/or such other «special cases. as the SC may determine in the interest of speedy and efficient administration of justice (B.P. 129, as amended, Sec. 23). EU | Pelion for Habeas Corpus or “application for bail in criminal cases in the absence of all RTC judges in the province or city. 7 In the absence of all the RTC judges, ‘any MTC judge in:the province or city where the absent RTC Judges sit, may hear and decide: 1.Pelitions for a writ of habeas corpus; or 2. Applications for bail in criminal cases (B.P. 129, Sec. 35) E. ~~] With the Supreme Court ‘Actions affecting ambassadors, ministers and consuls. public With the Supreme Court & Court of Appeals 1,Pelitions for Habeas Corpus; 2.Petitions for Quo Warranto; a || 3.Petitions «for certiorari, prohibition or ‘mandamus against inferior courts. and other bodies. With the SC, CA.& Sandiganbayan 4.Pelitions for a Writ of Amparo; 2.Pelitions for a Writ of Habeas Data. With the Insurance Commissioner || Singie claim not exceeding PhP5,000,000 . (INSURANCE CODE, as amended by RA. 10607, Sec. 439). TAI cases decided by the MTCs in their respective territorial jurisdiction except decisions of lower courts in the exercise of delegated jurisdiction. May be assigned by the SC to hear cadastral or land registration cases where: 1.there is no controversy. of opposition over the land; or 2.in case of contested lands, the value does not exceed PhP100,000. ‘SAN BEDA COLLEGE OF LAW 2015 CENTRALIZED BAR OPERATIONS. 12REMEDIAL LAW Family Courts have exclusive original jurisdi 1Petitions for guardianship, custody of children, habeas corpus involving children; 2.Petitions for adoption of children and the revocation thereof; 3.Complaints for annulment of marriage, declaration of nullity of marriage, and those relating to status and property relations of husband and wife or those living together under different status or agreement, and petitions for dissolution of conjugal partnership of gains; ‘| 4.Petitions for Support and/or acknowledgment; 5.Summary judicial proceedings brought under the provisions of the Family Code 6 Petition for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary. commitment of children, the suspension, termination, or restoration of parental authority and other cases cognizable under P.D. 603, E.0. 56 (Series of 1996), and other related laws. || Note: The provisions of F.A. 8369 reveal no manifest intent to revoke the jurisdiction of the Court of Appeais and Supreme Court to issue writs of habeas corpus relating to the custody of minors. Further, it cannot be said that the provisions of R.A. 8369, R.A. 7092 (An Act Expanding the Jurisdiction of the Court of Appeals) and B.P. 129 (The Judiciary Reorganization Act of 1980) are absolutely incompatible since R.A. 8369 ‘does not prohibit the Court of Appeals and the Supreme Court from issuing writs of habeas corpus in cases involving the custody of minors. Thus, the provisions of A.A 8369 must be read in harmony with R.A. 7029 and B.P. 129 — that family courts have || concurrent jurisdiction with the Court of Appeals and the Supreme Court in petitions | for habeas corpus where the custody of minors is at issue (Thornton v. Thornton, G.R. || No. 154598, August 16, 2604). Special Provisional Remedies. 1.In cases of violence among the family members living in the same domicile or household, the Family Court may issue a restraining order against the accused or defendant upon verified application by the complainant or the victim for relief from abuse. 2.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 “1 the salary, and use of conjugal home and other properties in all civil actions for | support. SHARI’A COURTS JURISDICTION “Shara District Courts shall have the | Sharia Circuit Courts shall have exclusive ‘exclusive original jurisdiction over: original jurisdiction over the following: 1.All cases involving custody, | 1.Offenses defined and punished under P.D. guardianship, legitimacy, paternity |_ 1083; and filiation arising under the Code of | 2.Disputes relating to: ‘Muslim Personal Laws, a.Marriage; | 2Ail cases involving disposition, | _b.Divorce; distribution and settlement of estate of | __c. Betrothal or breach of contract to marry; deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or aggregate value of the property; 3.Petitions for the declaration of absence and death forthe cancellation of correction of entries in d.Customary dower (mah); Disposition and distribution of property upon divorce; {, Maintenance and support and consolatory gifts (muta), g.Restitution of marital rights; h.Disputes relative to communal properties. (P.D. 1083, Art. 155)‘the Muslim Registries mentioned in Title VI, Book Two. of the Code of ‘Muslim Personal Laws; 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 other au writs and processes in. aid. of its appellate jurisdiction (P.D. 1083, Sec. » 143, par. 1). {Petitions by Muslim for the constitution of a family home, change of name and .commitment..of. an insane person to an asylu 2.All other personal. and. legal. a | not mentioned in paragraph 1 (4), Seo. 143 of P.D. 1083, (no. 4 of above) wherein the: parties. involved are Muslims except those for forcible entry and. unlawful detainer, which shall fall under the — exclusive jurisdiction: of the Municipal Circuit Court; 3.All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively « to ‘Muslims. T Shari'a . District Courts shall_have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts 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 ofal arguments as the parties may submit