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04 Jurisdiction of the RTC

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  JURISDICTION OF THE REGIONAL TRIAL COURTS Ito ang third level, ‘no? And by going over their jurisdiction, you will see that it is acourt of general jurisdiction and it is actually the workforce of the whole judiciary. ‘Yan…talagang mabigat ang trabaho nitong ! . !heir workload is terrible. #efore, somebodyasked me, $%ean, gusto mong mag&judge sa ! ?' Inyuha na na( )#urawi nyo(* Inyo nanang trabaho na ‘yan because there are + things there when you get the job of the !  judge -f course, you want to ecel, you want to do your job /ro/erly and e0ciently, youwill die early because of the workload. -r, you end u/ as one who is la1y. You end u/ withadministrative cases for la1iness, left and right. 2o mabuti /a, huwag ka na langmagtrabaho diyan, kasi mabigat ang trabaho diyan. Q: How many RTC’s are there in the Philippines, from Northern Luzon toSouthern Minanao! n your opinion! A You look at the o/ening clause of 2ection 34 Section 13 (1) Creation of Regional Trial Courts  – There are hereby created thirteen (13) Regional Trial Courts, one for each of the following regions: x x 2o the 5udiciary law has divided the country into 34 areas which is called 56%I IA789I-: #  ;rom the 3st to the 3+th, the 34th is actually in the :ational a/ital egion): *, <etro <anila. 8very division is divided into branches and the number of brancheskee/ on increasing by law.2o, to what region do we belong? =e are in the 33th judicial region. 2o there is one ! for the 33th judicial region, /ero bakit ‘yun ganoon? %avao ity lang, more than 3> na?=ell, here is where you will go back to your fundamentals. A court is not the same as a judge. ‘Yan…Actually, what the law says is that, there are 34 ! s, and every court is divided intobranches. 2o, kung branches siguro, mala/it nang maging 3>>> throughout the country.2o there are 34 courts with almost 3>>> judges. :ow, as a matter of fact, if you want toknow eactly how many there are, you refer to your 2ection 3. Actually, this has beenamended many times because from 3@> u/ to the /resent, ongress /assed laws. In factwhen the law took eBect, according to 2ection 3, there are srcinally +@ ! judgescommissioned for the 33th judicial region C +@ srcinally.:ow, from what I know, based on the amendment in 3@@3, it was increased from +@ to3. 2o there are su//osed to be 3 ! judges for the 33th judicial region. As I said,unless from 3@@3 to the /resent dinagdagan na naman nila. 2o 3 ! judges shall be commissioned for the 33th judicial region. !here should be Dbranches which sits thereafter for the /rovince of %avao del :orte, which sits at !agum,:abunturan and Eanabo. ;our branches which sit thereat for the /rovince of %avao-riental which sits at <ati, #agangga and #utuan. 2iteen branches which sit thereat forthe /rovince of %avao del 2ur. And the ity of %avao which sits at %avao ity, %igos,<alita and #ansalan. !hen 3> branches whish sit thereat for the /rovince of 2outh otabato and the ity of 9eneral 2antos which sit at 9eneral 2antos ity, Foronadal Gthe ity of 8umir, ;rancis and  <ort1H, 2urallah, and Eolomolok. And  branches which sitthereat for the /rovince of 2urigao del 2ur which sit at !andag, 9inanga, #islig andFantilan. 2o that is how they are distributed within the 33th the juridical region. Q: So, sin$e there are %& of them s$attere throu'hout the &&th (ui$ialre'ion, from Suri'ao to South Cota)ato, for e*ample, woul li+e to le a $asea'ainst my nei'h)or )ase in -a.ao# So i/le +o sa Polomolo+, anyway that’sthe same $ourt, eh# 0r a $riminal in -a.ao City le/an sa Mati# 1nyway, thesame $ourt na# 1re you allowe to o that! A.!he answer is :-( 8very branch of the ! has its own area of res/onsibility. 8ce/tin %avao ity, or in chartered cities, the authority of every branch here is throughout 28  %avao ity. #ut sa /robinsya, hati&hati ‘yan eh, and the /rovision there is 2ection 3 of #E3+@.  ! 1 #, Section 1$ % Authority to define territory appurtenant to eachbranch  – The Su&re'e Court shall define the territory oer which a branch of theRegional Trial Court shall exercise its authority% The territory thus defined shall be dee'ed to be the territorial area of the branch concerned for &ur&osesof deter'ining the enue of all suits, &roceedings or actions, whether ciil orcri'inal, as well as deter'ining the etro&olitan Trial Courts, unici&al TrialCourts, and unici&al Circuit Trial Courts oer which the said branch 'ayexercise a&&ellate *urisdiction% The &ower herein granted shall be exercised  with a iew to 'a+ing the courts readily accessible to the &eo&le of thedifferent &arts of the region and 'a+ing the attendants of litigants and witnessas inex&ensie as &ossible% ‘Yan, so in the /rovince every branch has its own deJned area. 2o, for eam/le if youare from :abunturan, you cannot Jle a case in Eanabo. Falayo&layo niyan. !here is abranch there in :abunturan. %oon ka mag&Jle. Fanya&kanya ng res/onsibility.:ow, the law says, the 2 has the /ower to deJne the area of its branch for /ur/oses of su/ervising that area and the <! there. :ow, as early as 3@4, the 2 has already comeout with administrative order throughout the Ehili//ines deJning the area of res/onsibilityof each branch. 2ometimes I need that, eh, because there are cases to be Jled outside%avao ity, es/ecially otabato Erovince. And you have to be u/dated kung sang branchba ako /u/unta nito. 2ometimes you have a hard time, eh. ;or eam/le, the casesrcinated in #abak, /art of %avao del :orte, saan ba ito i&Jle? Eanabo or !agum? I needto consult that circular. ‘Yan…that will be very hel/ful. :ow you /lease correlate 2ection3 of the 5udiciary 7aw with the Interim ules 2ection + because 2ection + of the Interimules is related to this, eh. nteri' Rules, Sec% % Territorial Jurisdiction of Courts % – a)etTCs, TCs and CTCs shall exercise their *urisdiction in the city, 'unici&ality or circuit for which the *udge thereof is a&&ointed ordesignated% b) b)- Regional Trial Court shall exercise its *urisdiction within the areadefined by the SC as the territory oer which the &articular branch concerned shall exercise its authority, in accordance with Sec% 1$ of ! 1 #%  Yaan( 2o every ! shall have authority. Alright, these are what you call administrative/rovisions. :ow, letKs go to the jurisdiction of the !  8L 762IM8 -I9I:A7 56I2%I !I-:C 2ection 3@ as amended by A ND@3 -: 68:! -I9I:A7 56I2%I !I-: with other courts C 2ection +3AEE877A!8 56I2%I !I-: C 2ection ++ 23CL4S 52 0R 6 N1L 74R S- CT 0N 08 TH2 RTC Sec% 1# Jurisdiction in civil cases  – Regional Trial Courts shall exerciseexclusie srcinal *urisdiction:.1/ n all ciil actions in which the sub*ect of the litigation is inca&ableof &ecuniary esti'ation% =hat does it mean? =hen the subject of the litigation is not e/ressed in terms of /esos, centavos. Alright.In most cases that we know, the demand of the /laintiB is e/ressed in terms of amount, eh. 8LA<E78 A creditor will Jle a case for the collection of the un/aid loan fromthe defendant. Ang nakalagay sa demanda niya, that after trial that the court shouldorder the defendant to /ay him the sum of E>>,>>> na utang with interest. 2o, thesubject is e/ressed in terms of amount of damages ba, the court shall award to thedefendant damages amounting to half a million. Faramihan ng kaso ganyan. 29  #ut here, in this civil case, the subject of the civil case is not ca/able of /ecuniaryestimation. It cannot be estimated or calculated in /esos.8LA<E78 is an action for annulmentO rescission of contractO an action for s/eciJc/erformanceO an action for declaratory relief by e/ress /rovision of the law nowO anaction for the /ermanent injunction against somebodyO . / n all ciil actions which inole the title to, or &ossession of, real &ro&erty or any interest therein, where the assessed alue of the &ro&ertyinoled exceeds ! 0,000 or for ciil actions in etro anila, where such alueexceeds !0,000 exce&t actions for forcible entry into and unlawful detainer oflands and buildings2 srcinal *urisdiction oer which is conferred u&on the etro&olitan Trial Courts, unici&al Circuit Trial Courts2 2o real actions outside of forcible entry and unlawful detainer. !he best eam/le wouldbe accion /ubliciana, accion reinvidicatoria, Puieting of title, /rovided the value of the/ro/erty eceeds E+>,>>>.>> based on the assessed value of the /ro/erty. 2o, for a lesser value, <! has jurisdiction. !his is why <! s now has jurisdiction overaccion /ubliciana when the value of the /ro/erty is E+>,>>> or less. #ut kung forcible entryand unlawful detainer, klaro yan C walang ! .:ow, if in <etro <anila, then value is E>,>>>. #ut outside <etro <anila, the assessedvalue is only E+>,>>>. .3/ n all ciil actions in ad'iralty and 'ariti'e *urisdiction where thede'and or clai' exceeds ne 4undred Thousand &esos (!100,00%00) .now !h! 00,000%00/ or, in etro anila, where such de'and or clai' exceeds Two 4undred Thousand &esos (! 00,000%00).now, !h! 500,000/% 8LA<E78 !he shi//er will shi/ to you in %avao goods involving common carrier.=hile in transit, the goods are lost or they are totally damaged. You would like to Jle aclaim or a case against the carrier, what kind of a case? !hat is an admiralty or maritimecase. Q: f you are 'oin' to le a $ase a'ainst the shippin' $ompany, where willyou le it! RTC or MTC! A It de/ends on how much is your claim. If your claim of the damaged or lost cargoeceeds E+>>,>>>, sa ! O if it is E+>>,>>> or less, sa <! . In <etro <anila, the jurisdiction is higher C it should be over E>>,>>>. :ow do not confuse this with :o. +because that involves 7A:% with more than E+>,>>> value.  !ake note that /rior to August 3D, 3@@@, the claim should eceed E3>>,>>> or E+>>,>>>in <etro <anila as the case may be. :ow, the claim is adjusted to E+>>,>>> and E>>,>>>,res/ectively /ursuant to 2ection  of A ND@3 which took eBect last August 3, 3@@ R- 67#1, Sec% % -fter fie () years fro' the effectiity of this -ct, the*urisdictional a'ounts 'entioned in Sec% 1#(3), (5), and ($)2 and Sec% 33(1) ofatas !a'bansa lg% 1 # as a'ended by this -ct, shall be ad*usted to Two hundred thousand &esos (! 00,000%00)% 8ie () years thereafter, such *urisdictionala'ounts shall be ad*usted further to Three hundred thousand &esos (!300,000%00):!roided, howeer, That in the case of etro anila, the aboe'entioned *urisdictional a'ounts shall be ad*usted after fie () years fro' theeffectiity of this -ct to 8our hundred thousand &esos (!500,000,00)% 2o after August 3D, 3@@@ ) years from the eBectivity of A ND@3* yung E3>>,>>>.>>naging E+>>,>>> na. Yung E+>>,>>> in <etro <anila, naging E>>,>>>. !hen after another years )+>>*, aakyat na naman ang jurisdiction ng <! . 2o from the originalE3>>,>>>.>> magiging E4>>,>>> na yan. Automatic ha. .5/ n all 'atters of &robate, both estate and intestate, where the grossalue of the estate exceeds ne 4undred Thousand &esos (!100,000%00) .now! 00,000/ or, in &robate 'atters in etro anila, where such gross alue exceedsTwo 4undred Thousand &esos (! 00,000%00) .now !500,000/% 30  In the subject of =ills and 2uccession, when a /erson dies, his estate, his /ro/erty willbe settled for the beneJt of his creditors and heirs. !hat is what you call either as testateor intestate /roceedings de/ending on whether the deceased left a will or none. Q: 9here shoul the estate of the e$ease person )e settle, RTC or MTC! A It de/ends on how much is the gross value of his estate. If it eceeds E+>>,>>>, ! .If it is E+>>,>>> or less, it should be with the <! . In <etro <anila again, it is doubled, thegross should be more than E>>,>>>. And again, this will automatically increase after years from 3@@@. ./ n all actions inoling the contract of 'arriage and 'arital relations% <ost of these cases are under the ;amily ode. Q: 9hat are the possi)le a$tions whi$h you $an ima'ine in.ol.e the $ontra$tof marria'e an marital relations! A Annulment of marriage, legal se/aration, declaration of nullity, dissolution of theabsolute community of husband and wife, and action for su//ort. !hese cases are theones arising under the ;amily ode, where it arises out of a marital relationshi/. !ake note that these cases are :- 7-:98 covered by the ! because under A 4D@);amily ourts Act of 3@@N*, these cases should now be tried by the ;A<I7Y -6!2. R- $37#, S9CT % Jurisdiction of Family Courts % ; The 8a'ily Courts shallhae exclusie srcinal *urisdiction to hear and decide the following cases:x x x x x xd)Co'&laints for annul'ent of 'arriage, declaration of nullity of 'arriageand those relating to 'arital status and &ro&erty relations of husband and wifeor those liing together under different status and agree'ents, and &etitionsfor dissolution of con*ugal &artnershi& of gains2x x x x x x :ow, in areas where there are no family courts, the cases shall be adjudicated by the! . 2o certain branches of the ! will act as family courts )acting family courts.=e shall ski/ Jrst no. D. =e will return to that later. 7etKs go to no. N. .6/ n all ciil actions and s&ecial &roceedings falling within theexclusie srcinal *urisdiction of a <uenile and =o'estic Relations Court and of the Court of -grarian Relations as now &roided by law2 #efore #E 3+@, these were s/ecial courts eisting before 3@>. Among these courtswere the so called 5uvenile and %omestic elations ourts )5% *. !hen you have the ourt of Agrarian elations ) A* which tried the cases involving tenancy, agriculturallessor, agricultural lessee, agricultural lands. =hen #E 3+@ was enacted, the A and the 5% s were abolished. ases which they used to handle were automatically transferred tothe ! . !hat was after #E 3+@ took eBect.=hat were the cases which were usually falling within the srcinal jurisdiction of theformer 5% ? 6sually, those involving family and children, like su//ort Jled by the childagainst his father, com/ulsory recognition, custody of children, ado/tion /roceedings Cthese are the cases which are usually heard by the 5% .6nder #E 3+@, all of these are now within the jurisdiction of ! . Q-=8M8, this hasbeen amended again by A 4D@ );amily ourts Act of 3@@N* !hese cases are now underthe jurisdiction of the ;A<I7Y -6!2 )2ee 2ections  GbH, GcH, GeH, GgH* R- $37#, S9CT % <urisdiction of 8a'ily Courts% ; The 8a'ily Courts shallhae exclusie srcinal *urisdiction to hear and decide the following cases:x x x x b)!etitions for guardianshi&, custody of children, habeas cor&us inrelation to the latter2 31

LabNotesExam1F12

Jul 23, 2017
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