1 Stexamcodal
1 Stexamcodal
1 Stexamcodal
Inherent powers of
courts. Every court shall have power:
(a) To preserve and enforce order
In its immediate presence;
(b) To enforce order
In proceedings before a person or
Persons empowered to conduct a
judicial investigation under its
authority;
(c) To compel obedience
To its judgments,
Orders and
Processes,
And to the lawful order of judge out of
court, in a case pending therein;
(d) To control, in furtherance of justice,
The conduct of its ministerial officers,
And of all other persons in any manner
connected with a case before it, in every
manner appertaining thereto;
(e) To compel the attendance
Of persons to testify in a case pending
therein;
(f) To administer or cause to be
administered oaths
In a case pending therein,
And in all other cases where it may be
necessary in the exercise of its powers;
(g) To amend and control its process and
orders
So as to make them comformable to
law and justice;
(h) To authorize copy of a lost or
destroyed pleading or other paper to be
filed and used instead of the original, and
to restore, and supply deficiencies in its
records and proceedings.
Mandamus,
Quo warranto,
Habeas corpus and
Injunction
Issued by a regional trial court
May be enforced
In any part of the region.
the
Order, or
Ruling of each Commission
May be brought to the Supreme
Court on certiorari by the aggrieved
party
Within thirty days from receipt of
a copy thereof.
BP 129 Sec. 9. Jurisdiction.
The Court of Appeals shall Exercise:
3. Exclusive appellate jurisdiction
Over all final judgments,
Resolutions,
Orders or
Awards of xxx the Civil Service
Commission
of
Awards
Of Regional Trial Courts and
quasi-judicial agencies,
instrumentalities,
boards or commission,
including
the
Securities
and
Exchange Commission,
the Social Security Commission,
the
Employees
Compensation
Commission and
the Civil Service Commission,
Except:
Those falling within the appellate
jurisdiction of the Supreme Court in
accordance with the
Constitution,
The Labor Code of the Philippines
under Presidential Decree No. 442,
as amended,
The provisions of this Act, and
Of subparagraph (1) of the third
paragraph and subparagraph 4 of
the fourth paragraph
Of Section 17 of the Judiciary Act
of 1948.
The court of Appeals
Shall have the power
To try cases and conduct hearings
Receive evidence and
Perform any and all acts necessary to
resolve factual issues raised in cases
falling within its
Original and
Appellate jurisdiction
Including
The power to grant and
conduct new trials or
Appeals must be continuous
and must be completed
within three (3) months
Unless extended by the
Chief Justice.
Interim Rules Sec 17. Petitions for writs
of certiorari, etc.
No petition for certiorari,
Mandamus,
Prohibition,
Habeas corpus or
Quo warranto may be filed in the
Intermediate Appellate Court
If another similar position has been
filed or
Is still pending in the Supreme Court.
Nor may such petition be filed in the
Supreme Court
If a similar petition has been filed or
Is still pending in the Intermediate
Appellate Court,
Unless
It be to review the action taken by the
Intermediate Appellate Court
On the petition filed with it.
A violation of this rule
Shall constitute contempt of court and
Shall be a cause for the summary
dismissal of both petitions,
Without prejudice to the taking of
appropriate action
Against the counsel or
Party concerned.
BP
129
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
Exceeds
Twenty
thousand
pesos
(P20,000.00) or
For civil actions in Metro Manila,
Where such value exceeds Fifty
thousand pesos (50,000.00)
Except
Actions for forcible entry into and
Unlawful detainer
Of lands or buildings,
Original jurisdiction over which
Is conferred upon 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 Three hundred
thousand pesos (P300,000.00) or, in
Metro Manila, where such demand or
claim exceeds Four hundred thousand
pesos (400,000.00);
Where the demand or claim
Exceeds Three hundred thousand pesos
(P300,000.00) or,
In Metro Manila, where such demand or
claim exceeds Four hundred thousand
pesos (400,000.00);
(4) In all matters of probate,
Both testate and
Intestate,
Where the gross value of the estate
Exceeds Three hundred thousand
pesos (P300,000.00) or,
In probate matters in Metro Manila,
where such gross value
Exceeds Four hundred thousand
pesos (400,000.00);
(5) In all actions
Involving the contract of marriage and
Marital relations;
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;
BP 129 Sec. 21. Original jurisdiction in
other cases. Regional Trial Courts
Shall exercise original jurisdiction:
(1) In the issuance
Of writs of certiorari,
Prohibition,
Mandamus,
Quo warranto,
Habeas corpus and
Injunction
Which may be enforced
In any part of their respective
regions; and
(2) In actions
Affecting ambassadors and
Other public ministers and
Consuls.
BP 129 Sec. 22. Appellate jurisdiction.
Regional Trial Courts
Shall exercise appellate jurisdiction:
Over
all
cases
decided
by
Metropolitan Trial Courts,
Municipal Trial Courts, and
Municipal Circuit Trial Courts
In
their
respective
territorial
jurisdictions.
Such cases shall be decided
On the basis of the entire record of the
proceedings
Had in the court of origin and