SC Circulars
SC Circulars
SC Circulars
Judicial Matters
A. Jurisdiction
1. Jurisdiction in General
The Court reiterates to all trial court judges the need for a careful consideration
of the proper application of the Comprehensive Agrarian Reform Law (R.A. No. 6657) to
avoid conflict of jurisdiction with the Department of Agrarian Reform Adjudication
Boards. The trial court judges are directed to take note of the rulings in Vda. de
Tangub vs. Court of Appeals, 191 SCRA 885 and Quismundo vs. Court of Appeals, 201
SCRA 609.
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Supreme Court Issuances: 1973-2002
For the guidance of the Bench and the Bar, the following guidelines are to be
followed in the implementation of Republic Act No. 7691, entitled “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’”:
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts in civil and criminal cases,
and in cadastral and land registration cases, under Section 19, 32, 33 and 34 of B.P.
Blg. 129, as amended by R.A. No. 7691, was effective on April 15, 1994, fifteen (15)
days after publication in the Malaya and in the Times Journal on March 30, 1994,
pursuant to Section 8 of R.A. No. 7691.
4. The provisions of Section 32 (2) of B.P. 129, as amended by R.A. No. 7691,
apply only to offenses punishable by imprisonment or fine, or both, in which cases the
amount of the fine is disregarded in determining the jurisdiction of the court.
However, in cases where the only penalty provided by law is a fine, the amount thereof
shall determine the jurisdiction of the court in accordance with the original provisions
of Section 32 (2) of B.P. Blg. 129 which fixed the original exclusive jurisdiction of the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
over offenses punishable with a fine of not more than four thousand pesos. If the
amount of the fine exceeds four thousand pesos, the Regional Trial Courts shall have
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However, this rule does not apply to offenses involving damage to property
through criminal negligence which are under the exclusive original jurisdiction of the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts,
irrespective of the amount of the imposable fine.
The provisions of Section 5 of Republic Act No. 7691 prescribe that “After five
years (5) from the effectivity of this Act, the jurisdictional amounts mentioned in Sec.
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Supreme Court Issuances: 1973-2002
19 (3),1 (4),2 and (8),3 and Sec. 33(1)4 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 8 of the same law states that “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. 7691 was published simultaneously in the 30 March 1994
issues of the Philippine Journal and Malaya. The law took effect on 15 April 1994.
1
Under Section 19 (3) of R.A. No. 7691, the Regional Trial Courts shall exercise exclusive original
jurisdiction “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).”
2
Under Section 19 (4) of R.A. No. 7691, the Regional Trial Courts shall exercise exclusive original
jurisdiction “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).”
3
Under Section 19 (8) of R.A. No. 7691, the Regional Trial Courts shall exercise exclusive original
jurisdiction “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).”
4
Under Section 33 (1) of R.A. No. 7691, the Metropolitan Trial Courts, the Municipal Trial Courts
in Cities, the Municipal Trial Courts and the Municipal Circuit Trial Courts shall exercise “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 (P100,00.00) 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 action between the same or
different parties embodied in the same complaint, the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of whether the causes of action arose out of the same or
different transactions.”
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5
Section 31 prescribes that “ ‘Year’ shall be understood to be twelve calendar months; ‘month’ of
thirty days, unless it refers to a specific calendar month in which case it shall be computed according to
the number of days the specific month contains; ‘day’ to a day of twenty four hours; and ‘night’ from
sunset to sunrise.”
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Supreme Court Issuances: 1973-2002
1. Cadastral or land registration cases filed before the effectivity of this Administrative
Circular but where hearing has not yet commenced shall be transferred by the
Executive Judge of the Regional Trial Court having jurisdiction over the case to the
Executive Judge of the appropriate Metropolitan Trial Court, Municipal Trial Court
in Cities, Municipal Trial Court or Municipal Circuit Trial Court for the required
raffle among the branches of the Court under his administrative supervision; and
2. Cadastral or land registration cases pending in the Regional Trial Courts where
trial had already been commenced as of the date of the effectivity of this
Administrative Circular shall remain with said courts. However, by agreement of
the parties, these cases may be transferred to the appropriate Metropolitan Trial
Court , Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit
Trial Courts.
This Administrative Circular shall take effect immediately. However, the Clerk
of Court is directed to cause its publication in a newspaper of general circulation for
the information of the public.
15 November 1995.
6
Supersedes Administrative Circular No. 6-93 dated April 21, 1993. The extent of delegated
jurisdiction is further clarified in Circular No. 38-97 dated June 20, 1997.
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Numerous queries from the Courts concerned have been received by the Court
Administrator regarding the scope of the delegated jurisdiction under Administrative
Circular No. 6-93-A of METCs, MTCCs, MTCs AND MCTCs to hear and determine
cadastral and land registration cases, particularly as to whether or not the delegation
covers petitions and motions filed after original registration including petitions for
reconstitution of lost certificate of title.
The clear tenor and intention of Administrative Circular No. 6-93-A is that only
original cadastral or land registration cases are covered. The jurisdiction of the First
Level Courts, being merely delegated, should be limited to what is expressly mentioned
in the delegation.
1. There are limits to the delegation, i.e., either the subject matter is an
uncontested lot or if contested the value of the lot should not exceed One Hundred
Thousand (P100,000.00) Pesos. There will be difficulty in the determination of these
limits if and when the First Level Courts are required to exercise delegated jurisdiction
over petitions subsequent to original registration.
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Supreme Court Issuances: 1973-2002
“(2) All other cases, except probate proceedings, where the total amount of the
plaintiff’s claim does not exceed one hundred thousand pesos (P100,000.00) or,
two hundred thousand pesos (P200,000.00) in Metropolitan Manila, exclusive of
interest and costs.”
The amendment shall take effect on November 25, 2002 following the
publication of the Resolution in a newspaper of general circulation.
22 November 2002.
(Sgd.) PRESBITERO J. VELASCO, JR.
Court Administrator
Pursuant to the provisions of Section 18 of B.P. Blg. 129, and Section 4 of the
Executive Order issued by the President of the Philippines on January 17, 1983,
declaring the re-organization of the Judiciary, the territorial jurisdiction of the
Regional Trial Courts in the National Capital Judicial Region are hereby defined as
follows:
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3. Branches CVIII to CXIX, inclusive, with seats at Pasay City - over Pasay
City only.
Cases already submitted for decision shall be decided by the Judge to whom
they were submitted.
In view of the enactment of Republic Act No. 7154 increasing the number of
Regional Trial Court Branches in the thirteen (13) judicial regions and mandating the
numbering of these branches, the implementation of Republic Act No. 7154 pursuant
7
See amendments of certain portions under Administrative Order No. 19-92 dated February 25,
1992.
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Supreme Court Issuances: 1973-2002
1. The numbers of all branches of the Regional Trial Courts in the thirteen
(13) regions shall henceforth be changed from Roman numbers and
follow the Arabic numeral system;
3. The present seats established under B.P. 129 and administrative orders
issued by the Supreme Court shall likewise be maintained;
4. The new branches in every region shall follow the sequence of the
existing branch numbers in the order prescribed in B.P. 129, with the
new numbers for every region corresponding to the increased branches
to begin with the number following the last existing branch in the region.
Thus, in the National Capital Region with the present complement of 172
branches and increased by one hundred four (104) branches under
Republic Act No. 7154, the new branches will be designated as Branches
173 to 276, and distributed among the principal seats established under
B.P. 129 as amended by Republic Act No. 7154, and
5. The additional branches provided for under Republic Act No. 7154 shall
be organized and the appointment of the Presiding Judges thereof shall
be considered by the Judicial and Bar Council only after a study of the
existing case dockets, demographic conditions, and available resources of
the local government units shows that there is a need for the additional
branches to be operational.
Pursuant to the foregoing, the Regional Trial Court branches in the thirteen (13)
regions are hereby designated with their branch numbers and seats as follows:
MANILA - 97 Branches
Branches 1 to 55
* Branches 173 to 214
QUEZON CITY - 48 Branches
Branches 76 to 107
* Branch 215 to 230
PASAY CITY - 13 Branches
Branches 108 to 119
* Branch 231
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MAKATI - 58 Branches
Branches 56 to 66 &
Branches 132 to 150
* Branches 233 to 260
PASIG - 34 Branches
Branches 67 to 71 &
Branches 151 to 168
* Branches 261 to 271
MALABON - 5 Branches
Branches 278 to 74 &
Branches 169 & 170
MARIKINA - 2 Branches
* Branches 272 & 273
PARAÑAQUE - 1 Branch
* Branch 274
MUNTINLUPA - 1 Branch
* Branch 276
VALENZUELA - 3 Branches
Branches 75, 171 & 172
ABRA - 3 Branches
1&2 Bangued
* 58 Bucay
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Supreme Court Issuances: 1973-2002
3 to 7 Baguio City
* 59 to 61 Baguio City
8 to 10 La Trinidad
* 619 to 63 La Trinidad
* 64 Buguias
LA UNION - 11 Branches
26 to 30 San Fernando
* 66 & 67 San Fernando
31 & 32 Agoo
33 Bauang
34 Balaoan
PANGASINAN - 24 Branches
37 to 39 Lingayen
* 68 & 69 Lingayen
40 to 44 Dagupan City
* 70 Dagupan10
45 to 49 Urdaneta
50 Villasis
51 & 52 Tayug
53 Rosales
54 & 55 Alaminos
56 & 57 San Carlos City
9
62 instead of 61.
10
Burgos instead of Dagupan.
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CAGAYAN - 13 Branches
1 to 5 Tuguegarao
6 to 10 Aparri
11 Tuao
12 Sanchez Mira
* 33 Ballesteros
BATANES - 1 Branch
13 Basco
IFUGAO - 3 Branches
14 Lagawe
15 Alfonso Lista
(formerly Potia)
* 34 Banaue
ISABELA - 11 Branches
16 to 18 Ilagan
19 & 20 Cauayan
21 Santiago
* 35 & 36 Santiago
22 Cabagan
23 Roxas
24 Echague
QUIRINO - 3 Branches
31 & 32 Quirino
* 38 Maddela
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Supreme Court Issuances: 1973-2002
BATAAN - 5 Branches
1 to 3 Balanga
4 Mariveles
5 Dinalupihan
BULACAN - 27 Branches
6 to 22 Malolos
* 76 to 85 Malolos
PAMPANGA - 22 Branches
41 to 48 San Fernando
49 to 53 Guagua
54 & 55 Macabebe
56 to 62 Angeles City
TARLAC - 6 Branches
63 to 65 Tarlac
66 Capas
67 Panique
68 Camiling
ZAMBALES - 7 Branches
69 to 71 Iba
72 to 75 Olongapo
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BATANGAS - 19 Branches
1 to 4 Batangas City
* 83 & 84 Batangas City
5 Lemery
** 6 to 8 Tanauan
* 8712 Tanauan
9 to 11 Balayan
* 8513 & 8614 Balayan
12 & 13 Lipa City
14 Nasugbu
CAVITE - 12 Branches
15 Naic
16 & 17 Cavite City
* 88 Cavite City
18 Tagaytay City
19 Bacoor
* 89 Bacoor
20 & 22 Imus
23 Trece Martires City
* 90 Dasmariñas
LAGUNA - 17 Branches
24 & 25 Biñan
26 to 28 Sta. Cruz
* 91 Sta. Cruz
29 to 3115 San Pablo City
* 92 San Pablo City16
*** 32 San Pablo City
11
96 instead of 98.
12
87 is at Taal instead of at Tanauan.
13
85 is at Tanauan, instead of at Balayan.
14
86 is at Rosario, instead of at Balayan.
15
32 instead of 31.
16
Calamba instead of San Pablo City.
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Supreme Court Issuances: 1973-2002
33 Siniloan
34 to 37 Calamba
* 93 Calamba17
MARINDUQUE - 2 Branches
38 Boac
* 94 Boac
PALAWAN - 7 Branches
47 to 52 Puerto Princesa
* 95 Coron18
** Roxas19
** Brooke’s Point
QUEZON - 13 Branches
53 to 60 Lucena City
61 & 62 Gumaca
63 Calauag
64 Mauban
65 Infanta
AURORA - 2 Branches
66 Baler
* 96 Baler
RIZAL - 14 Branches
67 to 70 Binangonan
71 to 74 Antipolo
75 to 77 San Mateo
78 to 80 Morong
17
San Pedro instead of Calamba.
18
95 is at Roxas, instead of at Coron.
19
Instead of Roxas, it should be Coron.
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ROMBLON - 2 Branches
81 Romblon
82 Odiongan
ALBAY - 18 Branches
1 to 10 Legaspi City
11 to 14 Ligao
15 to 18 Tabaco
CATANDUANES - 2 Branches
42 & 43 Virac
MASBATE - 7 Branches
44 to 48 Masbate
49 Cataingan
50 San Jacinto
** Claveria
SORSOGON - 6 Branches
51 to 53 Sorsogon
20
37 instead of 36.
17
Supreme Court Issuances: 1973-2002
54 Gubat
55 Irosin
* 65 Bulan
AKLAN - 9 Branches
1 to 9 Kalibo
ANTIQUE - 5 Branches
10 to 12 San Jose
13 Culasi
* 64 Bugasong
CAPIZ - 8 Branches
14 to 19 Roxas City
20 & 21 Mambusao
ILOILO - 22 Branches
22 to 39 Iloilo City
* 65 Iloilo City
* 66 Barotac Viejo
* 67 Guimbal
* 68 Dumangas
41 to 54 Bacolod City
55 & 56 Himamaylan
57 to 59 San Carlos City
60 Cadiz City
61 Kabangkalan
62 Bago City
63 La Carlota City
* 69 Sipalay
BOHOL - 10 Branches
1 to 4 Tagbilaran City
* 47 to 49 Tagbilaran City
* 50 Loay
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* 51 Carmen
* 52 Talibon
CEBU - 35 Branches
5 to 24 Cebu City
* 53 to 59 Cebu City
25. Danao City
26 Argao
27 Lapu Lapu City
28 Mandaue City
29 Toledo City
* 60 Barili
* 61 Bogo
* 62 Oslob
SIQUIJOR - 1 Branch
46 Siquijor
LEYTE - 17 Branches
6 to 9 Tacloban City
* 34 to 36 Tacloban City
10 Abuyog
11 Calubian
12 Ormoc City
13 Carigara
14 Baybay
15 Burauen
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Supreme Court Issuances: 1973-2002
16 Naval
17 Palompon
18 Hilongos
* 37 Caibiran
SAMAR - 9 Branches
27 to 29 Catbalogan
30 Basay
31 & 32 Calbayog City
33 Calbiga
* 40 Turungnan21
* 41 Gandara
BASILAN - 2 Branches
1&2 Isabela
SULU - 3 Branches
3 Jolo
4 Parang
* 25 Siasi
TAWI-TAWI - 2 Branches
5 Bongao
* 26 Sapa Sapa
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* 28 Liloy
12 to 17 Zamboanga City
18 to 22 Pagadian City
23 Molave
24 Ipil
* 29 San Miguel
* 30 Aurora
BUKIDNON - 4 Branches
8 to 10 Malaybalay
11 Manolo Fortich
22
43 is at Gingoog City.
21
Supreme Court Issuances: 1973-2002
* 44 Gingoog City23
CAMIGUIN - 1 Branch
28 Mambajao
1&2 Tagum
* 30 & 31 Tagum
3 Nabunturan
4 Panabo
22
Judicial Matters
* 40 Tandag
28 Lianga
29 Bislig
* 41 Cantilan
MAGUINDANAO - 3 Branches
13 & 14 Cotabato City
15 Maganoy
February 6, 1992.
(Sgd.) ANDRES R. NARVASA
Chief Justice
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Supreme Court Issuances: 1973-2002
x x x x
Pursuant to the foregoing, the Regional Trial Court branches in the thirteen (13)
regions are hereby designated with their branch numbers and seats as follows:
x x x x
MALABON - 5 Branches
Branches 72 to 74 &
Branches 169 & 170
x x x x
x x x x
“BENGUET - 14 Branches
3 to 7 Baguio City
* 59 to 61 Baguio City
8 to 10 La Trinidad
* 62 & 63 La Trinidad
* 64 Buguias
x x x x
“PANGASINAN - 24 Branches
37 to 39 Lingayen
* 68 & 69 Lingayen
40 to 44 Dagupan City
45 to 49 Urdaneta
50 Villasis
51 & 52 Tayug
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x x x x
“BATANGAS - 19 Branches
1 to 4 Batangas City
* 83 & 84 Batangas City
5 Lemery
** 6 to 8 Tanauan
* 85 Tanauan
9 to 11 Balayan
12 & 13 Lipa City
14 Nasugbu
* 86 Rosario
* 87 Taal
x x x x
“LAGUNA - 17 Branches
24 & 25 Biñan
26 to 28 Sta. Cruz
* 91 Sta. Cruz
29 to 32 San Pablo City
33 Siniloan
34 to 37 Calamba
* 92 Calamba
* 93 San Pedro
x x x x
“PALAWAN - 7 Branches
47 to 52 Puerto Princesa
City
* 95 Roxas
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Supreme Court Issuances: 1973-2002
x x x x
x x x x
x x x x
“SAMAR - 9 Branches
27 to 29 Catbalogan
30 Basay
31 & 32 Calbayog City
33 Calbiga
* 40 Tarangnan
* 41 Gandara
x x x x
x x x x
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x x x x
x x x x
4. Special Courts
a. Family Courts
For the information and guidance of all concerned, quoted hereunder is the
resolution of the Court En Banc dated February 9, 1999 in A.M. No. 99-1-13-SC- Re:
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Supreme Court Issuances: 1973-2002
Transfer to Regional Trial Courts of Cases Falling within the Jurisdiction of the Family
Courts from the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts and Municipal Circuit Trial Courts.
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decision. A copy of the list shall be submitted to the Court Management Office
(Attention: The Chief, Statistical Reports Division) of the Office of the Court
Administrator.
(a) In case only one (1) branch of the Regional Trial Court has
been designated to handle juvenile and domestic relations
cases and cases involving youthful offenders, the Executive
Judge shall cause the transfer of the listed cases to the
Regional Trial Court branch so designated immediately after
receipt of the records.
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Supreme Court Issuances: 1973-2002
Municipal Trial Courts, and Municipal Circuit Trial Courts in which they have
been filed and heard shall be resolved by such courts, as the case may be.
EN BANC RESOLUTION
A.M. NO. 99-11-07-SC
25
Branch 113 is designated as an additional Family Court in the Resolution of the First Division
dated December 4, 2000 in A.M. No. 00-10-515-RTC.
26
The following branches of the Regional Trial Court are designated as additional Family Courts
in the En Banc Resolution dated August 22, 2000 in A.M. No. 99-11-07-SC: (1) Branch 4, Judge Soccoro
B. Inting; (2) Branch 9, Judge Amelia T. Infante; (3) Branch 38, Judge Priscilla B. Padilla; and (4) Branch
43, Judge Manuela Florendo Lorenzo.
27
Branch 124 is designated as an additional Family Court in the En Banc Resolution dated
October 16, 2001 in A.M. No. 99-11-07-SC.
28
The following branches of the Regional Trial Court are designated as additional Family Courts
in the En Banc Resolution dated Feburuary 6, 2000 in A.M. No. 99-11-07-SC: (1) Branch 84, Judge
Mariflor Punzalan Castillo; (2) Branch 86, Judge Teodoro A. Bay; (3) Branch 88, Judge Abednego O. Adre;
(4) Branch 89, Judge Elsa I. De Guzman.
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Supreme Court Issuances: 1973-2002
(27) Br. 29, Judge Gil L. Valdez (43) Br. 16, Judge Cesar A. Bordeos
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Dumaguete City
(56) Br. 31, Judge Rogelio L. Carampatan
Catbalogan, Samar
(58) Br. 27, Judge Sinforiano A. Monsanto
Section 1. In stations where no branches of the Regional Trial Court are herein
designated as Family Courts, the cases falling within the jurisdiction of the Family
Courts shall be raffled among the branches of the Regional Trial Court within the
same station which then shall try and decide such cases according to existing
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Supreme Court Issuances: 1973-2002
issuances. However, the branches of the Regional Trial Court in these stations which
have previously been designated to try and decide juvenile and domestic relations
cases and cases involving youthful offenders shall continue to take cognizance of such
cases.
Sec. 2. In stations where branches of the Regional Trial Court are herein designated
as Family Courts, all the judges of the Regional Trial Court shall cause the conduct of
an inventory of all pending cases within ten (10) working days from receipt of a copy of
this Resolution. Two (2) lists (see enclosed forms) shall be prepared during the
inventory: (a) a list of cases falling within the jurisdiction of the Family Court; and (b)
a list of cases outside the jurisdiction of the Family Court. The lists shall indicate the
docket number and the status of each case – whether for pre-trial, trial or submitted
for decision.
(1) Retain the cases falling within the jurisdiction of the Family Court; and
(2) Submit the list of cases outside the jurisdiction of the Family Court,
except the cases where the trial has already begun as provided for in
Section 3 hereof, to the Executive Judge for the redistribution of the
listed cases among the remaining branches of the Regional Trial Court
within the same station. The redistribution of the cases shall be
effected through raffle, and after notice to the parties. Thereafter, the
records of the cases shall be transmitted to the branches of the
Regional Trial Court to which they have been raffled.
Copies of the lists of the segregated cases and the minutes and the
results of the raffle shall be submitted within ten (10) days after the
raffle to the Court Management Office of the Office of the Court
Administrator.
B. The judges of the remaining branches of the Regional Trial Court shall:
(1) Retain cases outside the jurisdiction of the Family Court; and
(2) Submit the list of cases falling within the jurisdiction of the Family
Court, except the cases where the trial has already begun as provided
for in Section 3 hereof, to the Executive Judge for the unloading of the
listed cases to the branch which has been designated as Family Court.
However, in stations where two (2) or more branches of the Regional
Trial Court have been designated as Family Courts, the cases falling
within the jurisdiction of the said courts shall be raffled among such
designated branches. The records of the cases shall then be
transmitted to such designated branch or branches, as the case may
be.
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Copies of the lists of the segregated cases and the minutes and the
results of the raffle shall be submitted within ten (10) days after
the raffle to the Court Management Office of the Office of the Court
Administrator.
Sec. 3. Cases where trial has already begun shall continue to be heard by the
respective branches to which they have been originally assigned. For purposes hereof,
the trial of a criminal case is considered to have already begun when the accused or
any of them had already been arraigned. The trial of a civil case is considered to have
already begun when pre-trial had already been conducted and a pre-trial order issued.
Sec. 4. The branches of the Regional Trial Court designated as Family Courts shall
continue to perform their duties and functions as such within the purview of this
Resolution even after they shall have become vacant due to the retirement, death,
incapacity, dismissal, resignation, transfer, detail or promotion of the incumbent
judges appointed/designated to preside over them; and their successors, whether
permanent or temporary, shall act as Presiding Judges of these designated Family
Courts, until the Family Courts shall have been actually established in accordance
with the provisions of Section 3 of Republic Act No. 8369 unless such authority is
sooner revoked by the Supreme Court.
Sec. 5. In stations where two (2) or more branches of the Regional Trial Court have
been designated as Family Courts, in case of temporary incapacity, absence or
disability of the judge of the designated Family Court to perform his duties or his
inhibition, the pairing system for multiple sala stations subject of Circular No. 7 dated
23 September 1974, as amended shall apply.
In case the judge of the designated Family Court should be penalized in the
appropriate administrative disciplinary proceedings with suspension for a period of
more than three (3) months or in case of any permanent vacancy by reason of the
resignation, retirement, death, dismissal from the judicial service, transfer or
promotion of the judge of the designated Family Court, the pairing system herein
adverted shall likewise apply.
In stations where only one (1) branch of the Regional Trial Court has been
designated as Family Court, whenever any of the designated branch becomes vacant,
temporarily or permanently, for any of the reasons stated herein, the Chief Justice
shall designate a judge to temporarily preside over the said Family Court.
Sec. 7. This Resolution shall take effect on 1 March 2000, and shall be published in a
newspaper of general circulation not later than 15 February 2000.
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Supreme Court Issuances: 1973-2002
b. Criminal Courts
CIRCULAR NO. 20
The trial judge has the primary responsibility to minimize delay and to dispense
swift justice. This is especially true in criminal cases involving serious offenses where
a strong and adequate response from the courts by way of speedy trial and judgment
can serve to deter criminal elements.
The Circuit Criminal Courts which were set up on September 8, 1967 under
Republic Act No. 5179 served this purpose. Accordingly, under the authority of
Section 23 of Batas Pambansa Blg. 129, certain branches of the Regional Trial Court
of the National Capital Judicial Region and of such other regions where the need
therefor may arise shall be designated as SPECIAL CRIMINAL COURTS to try
exclusively the following criminal cases:
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Special rules shall govern the trial and disposition of these cases. These rules
are as follows:
1. The trial of these cases shall continue from day to day as far as
practicable until terminated, and judgment thereon shall be
rendered within thirty (30) days from the time the case is
submitted for decision, unless a shorter period is otherwise
provided by law, such as the fifteen-day period provided in the
Dangerous Drugs Act. The filing of the memoranda after trial shall
not be required or allowed.
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Supreme Court Issuances: 1973-2002
3. All the criminal cases covered by this Circular wherein trial has
already commenced shall remain in their respective branches
where they were originally assigned. In appropriate cases,
however, when the interests of justice so require, the case may be
transferred to the SPECIAL CRIMINAL COURTS after study and
favorable recommendation by the Executive Judge.
August 7, 1987.
(Sgd.) CLAUDIO TEEHANKEE
Chief Justice
REGION I
38
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REGION II
REGION III
REGION IV
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Supreme Court Issuances: 1973-2002
REGION V
REGION VI
REGION VII
REGION VIII
40
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REGION IX
REGION X
REGION XI
1. The trial of these cases shall continue from day to day as far as practicable
and shall be terminated within sixty (60) days from initial trial. The judgment thereon
shall be rendered within thirty (30) days from the time the case is submitted for
decision.
2. All the cases covered by this Order wherein trial has already commenced
shall remain in their respective branches where they were originally assigned. In
appropriate cases, however, when the interests of justice so require, the case may be
transferred to the branches so designated after study and favorable recommendation
by the Executive Judge.
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Supreme Court Issuances: 1973-2002
3. The Executive Judge of the designated Special Court Judge shall exclude
them from the raffle of new cases whenever in the judgment of the Executive Judge
their caseload shall prevent them from attending to the daily trials of their special
cases.
29
The designation of Branch 1 is revoked and is substituted by Branch 24 pursuant to the En
Banc Resolution dated February 19, 2002 in A.M. No. 02-1-11-SC. The following Regional Trial Courts
are also designated as Special Intellectual Property Courts: Region I – Branch 5, Baguio City; Branch 65,
Laoag City; Region II – Branch 6, Aparri, Cagayan; Region V – Branch 6, Legazpi City; Branch 26, Naga
City; Region VIII – Branch 34, Tacloban City; and Region XII – Branch 3, Iligan City.
42
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REGION III
REGION IV
REGION VI
REGION VII
REGION IX
REGION X
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REGION XI
REGION III
REGION IV
REGION VI
REGION VII
30
Considering that jurisdiction for violations of intellectual property rights is now confined
exclusively to the regional trial courts, the designation of metropolitan trial courts and municipal trial
courts in cities as special courts for such violations was withdrawn by Administrative Order No. 104-96
dated October 21, 1996.
44
Judicial Matters
REGION IX
REGION X
REGION XI
All single sala courts with which cases for violation of Intellectual Property
Rights are or may be filed shall take cognizance of them as if they have been
designated as special courts, and for that matter, shall give them priority in their trial
calendars.
The trial of cases for violation of Intellectual Property Rights covered by this
Administrative Order shall be immediately commenced and shall continue from day to
day to be terminated as far as practicable within sixty (60) days from initial trial.
Judgment thereon shall be rendered within thirty (30) days from date of submission
for decision.
All cases referred to herein where trial has already started shall remain in the
branches where they are presently assigned. However, cases where pre-trial has not
yet commenced shall be transferred immediately to the branches herein designated.
The Executive Judges of the Special Courts herein designated may exclude
such courts from the raffle of new cases whenever in their judgment the caseloads of
said Courts so designated shall not allow them to try these special cases with
efficiency and dispatch.
This Order shall take effect immediately and shall continue in effect until
further orders from this Court.
2 October 1995.
(Sgd.) FLORENTINO P. FELICIANO
Acting Chief Justice
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Supreme Court Issuances: 1973-2002
Pursuant to Sec. 23 of B.P. Blg. 129, in the interest of a speedy and efficient
administration of justice, and subject to the guidelines hereinafter set forth, the
following Branches of the Regional Trial Courts, except as hereinunder provided, are
hereby designated exclusively to try and decide cases of –
31
If the imposable penalty is reclusion perpetua to death, (amended by Circular No. 31-97 dated
May 15, 1997).
32
The designation of Branch 110 as a Special Court for Heinous Crimes was revoked upon its
designation as a Special Court for Drugs Cases regardless of the quantity of the drugs involved by the
Resolution of the First Division in Administrative Matter No. 00-10-515-RTC dated December 4, 2000.
46
Judicial Matters
47
Supreme Court Issuances: 1973-2002
48
Judicial Matters
49
Supreme Court Issuances: 1973-2002
50
Judicial Matters
51
Supreme Court Issuances: 1973-2002
Violations of intellectual property rights such as, but not limited to,
violations of Art. 188 of the Revised Penal Code (substituting and altering
trademarks, trade names, or service marks), Art. 189 of the Revised Penal Code
(unfair competition, fraudulent registration of trademarks, trade names or
service marks, fraudulent designation of origin, and false description), P.D. No.
49 (protection of intellectual property rights), P.D. No. 87 (An Act Creating the
Videogram Regulatory Board), R.A. No. 165 as amended (The Patent Law), and
R.A. No. 166 as amended (The Trademark Law) shall be tried exclusively by the
regional trial courts in accordance with the established raffle scheme except
those covered by Administrative Order No. 113-95 dated 2 October 1995, in
which case, the designated Regional Trial Courts shall continue to observe the
provisions therein.
Libel cases shall be tried by the Regional Trial Courts having jurisdiction
over them to the exclusion of the Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.
For purposes of this administrative order, all single sala courts are considered
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Judicial Matters
special courts for all cases covered under pars. A and B herein, and for this reason,
shall give priority to these cases in their trial calendars.
The cases referred to herein shall undergo mandatory continuous trial and shall
be terminated within sixty (60) days from commencement of the trial. Judgment
thereon shall be rendered within thirty (30) days from the submission for decision
unless a shorter period is provided by law or otherwise directed by this Court.
Where trial has already begun, the same shall continue to be heard by the
respective branches to which they have been originally assigned. For purposes hereof,
a criminal case is considered begun when the accused or any of them has already
been arraigned; in a civil case, it is when pre-trial has already been conducted and a
pre-trial order issued.
The Executive Judges of the Regional Trial Courts concerned shall exclude
these designated Special Courts from the raffle of other cases, criminal and civil,
whenever in their judgment the caseload of these courts shall prevent them from
conducting daily trial of the special cases herein specified.
The Branches thus designated as Special Courts shall continue to perform their
functions as such within the purview of this Administrative Order even after the
retirement, transfer or detail of the incumbent judges appointed/designated to preside
over them. Their successors, whether permanent or temporary, shall act as Presiding
Judges of these Special Courts unless the Supreme Court otherwise directs.
This Order shall take effect fifteen [15] days after its publication in a newspaper
of general circulation.
21 October 1996.
(Sgd.) ANDRES R. NARVASA
Chief Justice
CIRCULAR NO. 31-97
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Supreme Court Issuances: 1973-2002
For the information and guidance of all concerned, quoted hereunder is the
pertinent portion of the resolution of the Court En Banc in Administrative Matter No.
96-11-421-RTC RE: Request of Judge Jose Catral Mendoza, RTC, Br. 219, Quezon
City, dated April 15, 1997, to wit:
EN BANC RESOLUTION
A.M. NO. 00-11-03-SC
To implement the provisions of Sec. 5.2 of Republic Act No. 8799 (The
Securities Regulation Code), and in the interest of a speedy and efficient
administration of justice and subject to the guidelines hereinafter set forth, the
following branches of the Regional Trial Courts (RTC) are hereby designated to try and
decide Securities and Exchange Commission (SEC) cases enumerated in Sec. 5 of P.D.
No. 902-A (Reorganization of the Securities and Exchange Commission), arising within
their respective territorial jurisdictions with respect to the National Capital Judicial
Region, and within the respective provinces in the First to the Twelfth Judicial
Regions:
54
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55
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56
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Zamboanga del Norte (Dipolog City) Lanao del Norte (Iligan City)
(49) Br. 6, Judge Primitivo S. Abarquez, Jr. (59) Br. 5, Judge Maximino M. Libre
Zamboanga del Sur (Zamboanga City) Lanao del Sur (Marawi City)
(50) Br. 12, Judge Hakim S. Abdulwahid (60) Br. 8, Judge Santos B. Adiong
Agusan del Norte (Butuan City)
(51) Br. 33, Judge Victor A. Tomaneng
1. In multiple sala courts where one (1) or more branches of the RTC are herein
designated as special courts, there will be no unloading of cases already pending in
the branches designated. They shall continue to try and decide the said cases in
addition to the SEC cases. In the meantime, in view of the temporary imbalance of
caseload as a result of the transfer of SEC cases, the Executive Judge concerned
shall exclude them in the raffle of newly filed cases in their station until their
workload equals to that of the other branches, in which event they shall be
included in the raffle of other civil and criminal cases.
2. The trial and disposition of SEC cases shall be in accordance with the procedure to
be promulgated by the Supreme Court.
4. The branches herein designated shall continue to perform the functions of special
courts even after they shall have become vacant due to retirement, death,
incapacity, dismissal, resignation, transfer, detail or promotion of the incumbent
judges herein named. Their successors, whether permanent or temporary, shall
act as Presiding Judges of these special courts unless the Court directs otherwise.
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Supreme Court Issuances: 1973-2002
5. In provinces (for the First to the Twelfth Judicial Regions) where there are no
designated special courts, the Executive Judge of the station where new SEC cases
will be filed shall consult the Supreme Court thru the Office of the Court
Administrator.
6. This Resolution shall take effect on the fifteenth day of December, 2000 and shall
be published in a newspaper of general circulation not later than the 28th day of
November 2000.
In A.M. No. 00-8-10-SC (In Re: Transfer of Cases from the Securities and
Exchange Commission to the Regular Courts Pursuant to R. A. No. 8799), the Court,
through its Resolution dated August 22, 2000, directed the Court Administrator and
the Securities and Exchange Commission to cause the actual transfer of the records of
intra-corporate cases and all other SEC cases affected by R.A. No. 8799 to the
Regional Trial Courts. In the transfer of the SEC cases, the Court, among others,
ordered that:
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59
Supreme Court Issuances: 1973-2002
careful and judicious application of Republic Act No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law of 1988, in order to avoid conflict of
jurisdiction with the Department of Agrarian Reform (DAR) or the Department of
Environment and Natural Resources (DENR). Conflict in jurisdiction must be avoided
to prevent delay in the resolution of agrarian problems. In appropriate cases before it
the court concerned must not tolerate any delay.
For this purpose, pertinent provisions of R.A. No. 6657 delineating jurisdiction
over agrarian disputes are hereby reproduced:
The Regional Trial Court (RTC) judges assigned to said courts shall
exercise said special jurisdiction in addition to the regular jurisdiction of their
respective courts.
The Special Agrarian Courts shall have the powers and prerogatives
inherent in or belonging to the Regional Trial Courts.
The Special Agrarian Courts shall decide all appropriate cases under
their special jurisdiction within thirty (30) days from submission of the case for
decision.
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Judicial Matters
Further, the trial court judges concerned are directed to take note of the
decisions of the Supreme Court of 3 December 1990 in Vda. De Tangub vs. Court
of Appeals (191 SCRA 885), and of 13 September 1991 in Quismundo vs. Court
of Appeals (201 SCRA 609).
EN BANC RESOLUTION
A.M. NO. 00-8-01-SC
WHEREAS, public policy and public interest demand that criminal cases
involving violations of the Dangerous Drugs Act of 1972 (R.A. No. 6435), as amended,
be expeditiously resolved;
WHEREAS, due to the alarming drug menace in the country, it is the consensus
of many that the designation of certain branches of the Regional Trial Courts as
Special Courts to try and decide drug cases regardless of the quantity of the drugs
involved may immediately address the problem of delay in the resolution of drugs
cases.
61
Supreme Court Issuances: 1973-2002
35
Branches 110 and 231 are designated as additional Special Courts for Drugs Cases in the
Resolution of the First Division dated December 4, 2000 in A.M. No. 00-10-515-RTC.
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Judicial Matters
JUDICIAL REGIONS
Region X. Cagayan de Oro City : Branch 40, Judge Epifanio T. Nacaya, Jr.
(1) The Judges of all branches of the RTCs stationed in the above-mentioned
courts shall make, within ten (10) days from receipt hereof, an inventory of
all criminal cases involving violations of the Dangerous Drugs Act of 1972
(R.A. 6425), as amended. The inventory shall indicate the case number, the
date the information was filed; the date the accused was arraigned; and the
status of each case, i.e, whether it is for arraignment, pre-trial, or decision.
Copies of the inventory shall be furnished the Office of the Chief Justice, the
Office of the Court Administrator, the Executive Judges of the RTCs
concerned, and the Judges of the Branches herein designated.
(2) Drugs cases that have not yet reached the arraignment stage shall be
transferred to the designated Special Courts, together with their
corresponding records, which shall be duly receipted for by the Clerk of
Court of the Branch concerned. The transfer shall be effected within thirty
(30) days following the submission of an inventory. Those drug cases
wherein the accused or any of them has already been arraigned shall
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Supreme Court Issuances: 1973-2002
(3) Prior to the effectivity of this Resolution, cases before the designated Special
Courts other than drug cases, wherein trial has already begun, shall
continue to be heard by such Special Courts. For purposes hereof, a
criminal case is considered begun when the accused or any of them has
already been arraigned.
(4) All information for violations of the Dangerous Drugs Act, as amended, shall
forthwith be assigned to the designated Special Courts in their respective
jurisdictions.
(5) The drugs cases referred to herein shall undergo mandatory continuous trial
and shall be terminated within sixty (60) days from commencement of the
trial. Judgment thereon shall be rendered within thirty (30) days from
submission for decision unless a shorter period is provided by law or
otherwise directed by this Court.
(7) The Executive Judges of the RTCs concerned shall exclude these designated
Special Courts from the raffle of other cases subsequent to the assignment
or transfer to them of the drugs cases. The branches which shall have
transferred drugs cases to the Special Courts shall be given appropriate
replacements therefor through raffle. The Executive Judges of the RTCs
concerned shall see to it that there shal be an equitable replacement of
cases to the affected branches.
(8) In the event of inhibition of the judge of a designated Special Court, the
following guidelines shall be observed: (a) where there is only one Special
Court in the station, the inhibiting judge shall immediately furnish the
Office of the Chief Justice of his Order of Inhibition in order that another
judge can be designated to preside over the case; and (b) where there are two
Special Courts in the station, the Executive Judge shall immediately assign
the case to the other Special Court, which shall , in turn, unload to the
inhibiting judge a case from his docket.
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This Resolution shall take effect on the first day of September 2000, and shall
be published in a newspaper of general circulation in the Philippines not later than 15
August 2000.
Let copies of this Resolution be furnished the Office of the Chief Justice; the
Offices of the Associate Justices; the Office of the President; the Judicial and Bar
Council; the Philippine Judicial Academy; the Office of the Court Administrator; the
Office of the Clerk of Court of the Supreme Court; the Secretary of Justice; the Office
of the Solicitor General; the Presidents of the Philippine Judges Association, the
Philippine Trial Judges League, Inc. and the Metro and City Judges Association of the
Philippines; and the Integrated Bar of the Philippines.
65