Practice Court 1

Assignment No. 1
Submitted by: Charmaine Fhaye C. Casquejo
Submitted to: Atty. Gloria Monica S. Lopez-Lao

1. Jurisdiction of Courts
EXCLUSIVE

SC CA Sandiganbayan RTC FAMILY Special MTC

COURT Commercia
l Court
Petition for Annulment of Violation of: Subject matter not Crim cases Intellectual Personal
issuance of writs of judgment of capable of where accused Property property
Certiorari, RTC (Rule 47) Anti-graft pecuniary is 9-18 y/o Rights valued at
Prohibition, estimation not more
Mandamus Certiorari, Ill-gotten wealth Title or possession Or when victim Securities than 300k
against: Prohibition, of real property or is a minor at the Regulation or in MM
CA Mandamus on AMLA interest, where the time of the Code 400k
act or omission assessed value commission of
COMELEC of quasi-judicial Crimes committed exceeds 20k or in the offense Demanding
agency unless by PO under RPC Metro Manila 50k, sum of
Commission on otherwise XP for unlawful Guardianship money not
Audit provided by law Other offenses detainer and exceeding
committed by PO forcible entry Custody of 300k or in
Sandiganbayan and ees in relation Admiralty and children MM 400k
to their office maritime (exclusive of
CTA jurisdiction where Habeas corpus interest,
Private individual demand or claim in relation to damages)
Ombudsman (in charged as co- exceeds 300k or in the custody
criminal and non- principal, MM 400k Title or
administrative accomplice, Probate, testate or Adoption of possession
disciplinary cases) accessories intestate, where children and of real
Those employed in gross value of revocation property
GOCC where one estate exceeds where the
or more of the assessed
accused are 300k or in MM Annulment of value does
officials occupying 400k marriage, not exceed
the ff. positions in Cases not within declaration of 20k or in
government the exclusive nullity of MM 50k.
(permanent, acting jurisdiction of any marriage, those
or interim capacity) courts relating to Provisional
at the time of marital status remedies in
commission of the Personal property and property principal
crime: valued more thank relations of H & actions
300k or in MM W, dissolution within their
Executive branch 400k of conjugal jurisdiction,
(SG 27 or higher) partnership of and in such
Other cases where gains preliminary
Mem of Congress demand, exclusive attachment,
of interest, Involuntary preliminary
Mem of Judiciary damages, atty. commitment of injunction,
Fees litigation child, removal of appointment
Mem of ConCom expenses and custody against of receiver
costs, or value or placement and delivery
All other national property in of personal
and local officials controversy Support property
classified as SG 27 exceeds 300k or in
and higher MM 400k. Judicial Forcible
However, if the proceeding on entry and
Civil and criminal claim of damages Family Code unlawful
cases filed in is the main cause detainer
connection with of action, the Declaration of
EO Nos. 1,2,14 amount shall be Status of Probate
and 14A considered in Children proceedings
determining the Family home value does
jurisdiction of not exceed
court Minors under 300k or in
Dangerous MM 400k
Writs of search and Drugs Act
seizure in civil Inclusion
actions for RA 7610 (100 days
infringement or prior to
Intellectual Anti-child election) and
Property Rights pornography Act exclusion
 Juveniles if no (105 days
Violation of AMLA preliminary prior) of
investigation is voters
From Securities required
Regulation Code
BEFORE (special
commercial
courts):

Devices or schemes
employed by or any
acts of the BOD,
associates, its
officers or
partnership,
amounting to fraud
and
misrepresentation

Controversies
arising out of
intra-corporate or
partnership
relations

Controversies in
the selection or
appointment of
directors, trustees,
officers or
managers of such
corporation,
partnership or
association (CPA)
Petitions of CPA to
be declared in
state of suspension
of payments
 CONCURRENT
*observe hierarchy of courts

SC/CA SC/CA/RTC SC/CA/Sandiganba SC/Sandiganbay SC/RTC RTC/MTC

yan an
 Certiorari,  Certiorari,  Review on  Certiorari,  Actions  Application
Prohibitio Prohibition, Certiorari, Prohibitio affecting: for
n, Mandamus Prohibition, n, - Ambass protection
Mandamu against: Mandamus Mandamu adors order (if no
s against: - Lower relating to an s - Other Family Court)
- CSC courts act of  Habeas public under
- NLRC or omission of Corpus minister RA9262
rule 65 - bodies MTC or of  Injunction s Insurance
(St.  Habeas corporation,  Other  Consuls Commission:
Martin Corpus board, officer ancillary  Claims not
Case, (Custody of or person writs in exceeding
CA Minors – file  Amparo aid of its 100k if the
first) to Family  Habeas data appellate subject of the
 Habeas Court) jurisdictio action is not
corpus  Quo n– capable of
 Quo Warranto including pecuniary;
Warranto (for Quo otherwise,
barangay Warranto jurisdiction is
official, file arising in concurrent
to MTC) cases with MTC
 Action falling
brought to under EO
prevent and Nos.
restrain 1,2,14,14
violations of A
law
concerning
monopolies
and
combination
s in
restraint of
trade
 APPELLATE

SC CA Sandiganbayan RTC
ORDINARY APPEAL BY ORDINARY APPEAL BY From RTC: ALL MTC
NOTICE OF APPEAL NOTICE OF APPEAL OR  In the exercise of
From CA: RECORD ON APPEAL their original or
 Criminal cases From RTC appellate jurisdiction
involving offenses with  XP those appealable under PD 1606 in the
penalty of RP or LI to SC under rule 64 manner provided
 Lesser penalty is  On constitutional, under Rule 122
imposed for offenses tax, jurisdictional
committed on the same questions involving
occasion or which arose questions of fact
out of the same (which should be
occurrence that gave appealed first to CA)
rise to more severe  Where the penalty
offense for which the imposed is RP or LI or
penalty of DEATH is where a lesser penalty
imposed. is imposed but for
PETITION FOR REVIEW ON offenses committed
CERTIORARI (RULE 65) on the same occasion
 Appeals from: or which arose out of
- CA the same occurrence
- Sandiganbayan that gave rise to the
pure question of law more serious offense
XP: penalty is RP/LI for which the penalty
or DEATH of RP or LI is
- RTC in the exercise imposed.
of its original From Family Court
jurisdiction. No From MTC
question of fact is  Direct appeal from
involved, and it Land Registration and
involves: Cadastral cases
 a. Constitutionality based on their
of treaty, delegated jurisdiction
international or PETITIONER FOR REVIEW
executive From CSC
agreement, law, From RTC
PD, proc, order,  In cases appealed
instruction, from MTC which are
ordinance or not a matter of right
regulation From Quasi-judicial agencies
b. Legality of tax,
impost,
assessments or
toll or penalty
c. Jurisdiction of
lower courts
- CTA en banc
- All cases involving
pure questions of
law
SPECIAL CIVIL ACTION OF
CERTIORARI (RULE 64)
File within 30 days
 COMELEC
 COAudit

MTC
DELEGATED SPECIAL
Cadastral and Land registration cases assigned by SC where Habeas Corpus in the absence of all RTC Judges
no controversy or opposition and in contested lots valued at
not more than 100k

Modes of Appeal

Section 2, Rule 41 of the Rules of Court provides the three modes of appeal, which are as follows:
a) Ordinary appeal. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court in

the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which

rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No

record on appeal shall be required except in special proceedings and other cases of multiple or separate

appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and

served in like manner.

b) Petition for review. — The appeal to the Court of Appeals in cases decided by the Regional Trial Court

in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.

c) Appeal by certiorari. — In all cases where only questions of law are raised or involved, the appeal shall

be to the Supreme Court by petition for review on certiorari in accordance with Rule 45”

2. Rules governing Quasi-Judicial Agencies:

Rule 42 of the Rules of Court shall apply to appeals from judgments or final orders of the Court of Tax

Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial

agency in the exercise of its quasi-judicial functions. Among these agencies are the following:
 Civil Service Commission

 Central Board of Assessment Appeals

 Securities and Exchange Commission

 Office of the President

 Land Registration Authority

 Social Security Commission

 Civil Aeronautics Board

 Bureau of Patents

 Trademarks and Technology Transfer

 National Electrification Administration

 Energy Regulatory Board, National Telecommunications Commission

 Department of Agrarian Reform under Republic Act No. 6657

 Government Service Insurance System

 Employees Compensation Commission

 Agricultural Invention Board

 Insurance Commission
  Philippine Atomic Energy Commission

 Board of Investments

 Construction Industry Arbitration Commission

 Voluntary arbitrators authorized by law.

An appeal under this Rules may be taken to the Court of Appeals within 15 days, whether the appeal

involves questions of fact, of law or mixed questions of fact and law. The appeal shall be taken by filing a

verified petition for review with the Court of Appeals. The appeal shall not stay the award, judgment, final

order or resolution sought to be reviewed, unless the Court of Appeals shall direct otherwise.

3. Grounds:

 Annulment of judgment of RTC in civil cases:

a. Extrinsic Fraud

b. Lack of Jurisdiction

 Dismissal of Appeal by CA:

a. Failure of the record on appeal to show on its face that the appeal was taken within the period

fixed by these Rules;

 b. Failure to file the notice of appeal or the record on appeal within the period prescribed by these

Rules;

c. Failure of the appellant to pay the docket and other lawful fees as provided in section 5, Rule

40 and section 4 of Rule 41; (Bar Matter No. 803, 17 February 1998)

d. Unauthorized alterations, omissions or additions in the approved record on appeal as provided

in section 4 of Rule 44;

e. Failure of the appellant to serve and file the required number of copies of his brief or

memorandum within the time provided by these Rules;

f. Absence of specific assignment of errors in the appellant's brief, or of page references to the

record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;

g. Failure of the appellant to take the necessary steps for the correction or completion of the record

within the time limited by the court in its order;

h. Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with

orders, circulars, or directives of the court without justifiable cause; and

i. The fact that the order or judgment appealed from is not appealable. (1a)

 Dismissal of appeal by SC:

a. Failure to take appeal within the reglementary period;

 b. Lack of merit

c. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs;

d. Failure to comply with the requirements regarding proof of service and contents of and the

documents which should accompany the petition;

e. Failure to comply with any circular, directive or order of the SC without justifiable cause;

f. Error in choice or mode of appeal;

g. Case is not appealable to SC;

4. Pleadings allowed to be filed in Civil Cases:

a. Complaint

b. Answer

c. Counterclaim

d. Cross-claim

e. Third (fourth) party complaint

f. Complaint in intervention

g. Reply
 h. Permissive counterclaim

i. Verified statement of claim

j. Verified response

k. Counterclaim in the response

l. Petition for relief from judgment

m. Petition for certiorari, mandamus or prohibition

5. Definition:

a. Pleadings - written statements of the respective claims and defenses of the parties submitted to

the court for appropriate judgment. Prays for a relief which is directly related to the cause of action

or defense.

b. Plagiarism - the theft of another person’s language, thoughts, or ideas. To plagiarize, as it is

commonly understood according to Webster, is "to take (ideas, writings, etc.) from (another) and

pass them off as one’s own."

c. Complaint - the pleading alleging the plaintiff's cause or causes of action. The names and

residences of the plaintiff and defendant must be stated in the complaint.

d. Cause of action - is the act or omission by which a party violates a right of another

e. Affidavit - formal written statement setting out the facts of your case. The affidavit becomes

evidence in your case. . It is the main way you present evidence (facts of the case) to a court.It must

be sworn, or affirmed, usually before a Justice of the Peace, Commissioner of Oaths or solicitor, as

a true record. Affidavits may also be sworn by other people in support of your case e.g. witnesses.

The court has a precedent form to use

f. Contract – a meeting of minds between two persons whereby one binds himself, with respect to

the other, to give something or to render some service.

g. Intervention – is when a person who has a legal interest in the matter in litigation, or in the

success of either of the parties, or an interest against both, or is so situated as to be adversely

affected by a distribution or other disposition of property in the custody of the court or of an officer

thereof may, with leave of court, be allowed to intervene in the action. The court shall consider

whether or not the intervention will unduly delay or prejudice the adjudication of the rights of the

original parties, and whether or not the intervenor's rights may be fully protected in a separate

proceeding.

h. Jurisdiction – refers to the power and authority of the court to hear, determine controversies, and

decide a case.
i. Motion – is an application for relief other than by a pleading. It prays for another reieft other than

the main cause of action or the main defense.