ADR
WEEK 1
House Rules
Whether you will pass or fail the subject depends upon your performance and that alone;
You may use any material available, you do not need to buy the book that I am using but you
have to make sure that you READ and you are READY for any class activity.
RESPECT everyone even those who are struggling to adopt the new normal way of learning, it
is called PASSION.
DO NOT ASK ME QUESTION for the purpose of testing or proving that you are better than
me, in fact you are better than me, unfortunately though I am the professor now so you have to
bear with my deficiencies.
Deadlines/Due dates are non-extendbile, you have to understand that you are not forced to
enroll, you are taking-up law because you are prepared, it may not be an easy road it is all worth
the sleepless nights and boring life.
2017 STATISTICS for 3rd Judicial Region
RTC MTCC
Pending beginning 1/1/17 77,805 13, 942
Newly filed 30,658 12, 512
Revived/Reopen 2528 1,290
Case input 110,991 17, 919
CASE OUTPUT 25, 912 8, 733
PENDING AS OF 1/31/17 85,018 9 146
DATA TAKEN BEFORE THE EFFECTIVITY OF RA 10951
What do we care about the Statistics?
For you to understand that the purpose behind ADR or any other out of court settlement of
disputes for that matter is to unclog court dockets
It is hereby the policy of the State to actively promote party autonomy in the resolution
of disputes or the freedom of the party to make their own arrangements to resolve
their disputes. Towards this end, the State shall encourage and actively promote the use
of Alternative Dispute Resolution (ADR) as important means to achieve speedy and
impartial justice and declog court dockets.
What is ADR?
Itmeans any process or procedure used to resolve a
dispute or controversy, other than by adjudication of
presiding judge of a court or an officer of a
government agency in which a neutral third party
participates to assist the resolution of issues, which
includes arbitration, mediation, conciliation, early
neutral evaluation, mini-trial, or combination thereof
Why do we need to study jurisdiction?
All proceedings under ADR are special
proceedings
How would you enforce the settlement
agreement via ADR? Are you going to
file an ordinary civil action? Where will
you file it?
Jurisdiction
The question of jurisdiction is the first question that a court must decide. If
the Court has no jurisdiction over the subject matter, it has no business in
hearing the case. THE ONLY POWER IT HAS IS TO DISMISS THE
CASE. (Aspect of Jurisdiction, Atty. Honor Aquino, page 4)
Where the Court has no jurisdiction over the subject matter, the entire
proceedings is null and void, including judgment. A VOID JUDGMENT
CANNOT BE EXECUTED. (Republic vs. Marcos, 29 SCRA)
This is applicable even if you are just asking the Court to enforce an agreement as a
product of ADR, if you file it at the wrong Court, even if the partis voluntary agree to
terms of Compromise, one party may always question the enforcement of the same
raising lack of jurisdiction
RTC
1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, 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 he demand or claim exceeds twenty thousand pesos
(P20,000.00);
(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds twenty thousand pesos
(P20,000.00);
(5) In all actions involving the contract of marriage and marital relations;
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial
functions;
(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic
Relations Court and of the Courts of Agrarian Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive of interest and costs or the value of the property in controversy,
amounts to more than twenty thousand pesos (P20,000.00).
RTC
Section 20. Jurisdiction in criminal cases. —
Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not within
the exclusive jurisdiction of any court, tribunal or
body, except those now falling under the exclusive
and concurrent jurisdiction of the Sandiganbayan
which shall hereafter be exclusively taken
cognizance of by the latter.
RTC
Exclusive Original
Original
Appellate
Special
METC/MTCC/MTC/MCTC
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in criminal cases. — Except in cases falling within the exclusive original jurisdiction of
Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding
four years and two months, or a fine of not more than four thousand pesos, or both such fine and
imprisonment, regardless of other imposable accessory or other penalties, including the civil liability
arising from such offenses or predicated thereon, irrespective of kind, nature, value, or amount
thereof: Provided, however, That in offenses involving damage to property through criminal
negligence they shall have exclusive original jurisdiction where the imposable fine does not exceed
twenty thousand pesos.
Cont
Section 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 remedies in proper cases, where the demand does not exceed
twenty thousand pesos exclusive of interest and costs but inclusive of damages of whatever kind, the
amount of which must be specifically alleged: Provided, 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; and
(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That
when, in such cases, the defendant raises the question of ownership in his pleadings and the question
of possession cannot be resolved without deciding the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of possession.
Cont
Section 34. Delegated jurisdiction in cadastral and land registration
cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts may be assigned by the Supreme Court to hear and
determine cadastral or land registration cases covering lots where there
is no controversy or opposition, or contested lots the value of which does
not exceed twenty thousand pesos, such value to be ascertained by the
affidavit of the claimant or by agreement of the respective claimants if
there are more than one, or from the corresponding tax declaration of the
real property. Their decisions in these cases shall be appealable in the
same manner as decisions of the Regional Trial Courts.
RA 7691/RTC
1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
"(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the
property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand
pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is
conferred upon the 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 One hundred thousand pesos (P100,000.00) or, in
Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);
"(4) 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);
"(5) In all actions involving the contract of marriage and marital relations;
"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or
body exercising judicial or quasi-judicial functions;
"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and
of the Court of Agrarian Relations as now provided by law; and
"(8) 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)."
7691/First Level Courts
1) 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 (P100,000.00) 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 actions 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;
"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the
defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and
"(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein
where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil
actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for
taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots."
First Level Courts
JURISDICTION OF THE MUNICIPAL TRIAL COURTS IN CRIMINAL CASES
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial
jurisdiction
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years, regardless of the fine or other
accessory penalties and civil liability
3. Offenses involving damage to property through criminal negligence
4. In cases where the only penalty provided by law is a fine, it has exclusive jurisdiction over offenses punishable by a fine not exceeding P4000
5. In election offenses, cases involving failure to register or failure to vote
6. Special jurisdiction to hear and decide petitioners for a writ of habeas corpus or application for bail or issuance of search warrant in the
province or city where the RTC judge is absent
7. Cases involving BP 22—Bouncing Checks Law
Summary Procedure/Criminal
B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property through criminal negligence, this Rule
shall
govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).
Summary Procedure/Civil
1) All cases of forcible entry and unlawful detainer, irrespective
of the amount of damages or unpaid rentals sought to be
recovered. Where attorney's fees are awarded, the same shall
not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the
total amount of the plaintiff's claim does not exceed ten
thousand pesos (P10,000.00), exclusive of interest and costs.
A.M. NO. 08-8-7-SC
a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For liquidated damages arising from contracts;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a
money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise
known as The Local Government Code of 1991.
OCA Circular 45-2019
Jurisdiction over small claims
METC - 400,000
MTCC/MTC/MCTC – 300,000
Exclusive of interest
Why do we need to study Katarungang
Pambarangay?
As mentioned, before ADR we already have Katarungang Pambarangay
ADR is in effect since 2005, however, unfortunately, its impact as to Court decongestion
is not noticeable because ADR is somewhat voluntary, whereas, KP is mandatory.
KP is the best aspect of the 1991 Local Government Code
Reaching an amicable settlement is NOT MANDOTORY, however, going through the
process is a condition precedent for filing of cases in Court
Condition precedent vs. Jurisdictional
The Court may motu proprio order the dismissal of the case for lack of juridisdiction,
however, non-compliance with the condition precedent is waivable. In criminal cases,
counsel should raise it before arraigment, in civil cases it should be raised as an
affirmative defense, if the case is covered by thge Revised Rule on Summary Procedure
and should be raised via Motion to Dismiss if it is covered by the Regular Procedure
Most of the cases that has to mandatorily passed through the mandatory Barangay
conciliation is covered by the Revised Rule on Summary Procedure as well as the Small
claims cases, except as to cases which are exempt therefrom as provided by the law
Prescription of offenses and filing of cases
Article 90 of the Revised Penal Code provides for the prescription of the crimes and the
same is ordinarily tolled by the filing of the Information in Court
HOWEVER, Section 9 of the Revised Rule on Summary Procedure provcides that, “the
prosecution commences by filing of the complaint or information directly with MeTC,
MTC or MCTC, without the need of premiliminary investigation.
Cases whose penalties are at least 4, years, two months and one day has to go through
Preliminary Investigation
Exceptions; far-flung municipalities
DON’T WORRY, you will understand all that Iam saying via you Civil Procedure and
Criminal Procedure, these are just overview so as we are on the same page on our
succeding lesson.
If we can finish the subject ahead of schedule we will discuss in detail Summary Pro,
Small Claims and Continuous Trial.
The desire of the what is right, not the
letter of the law, is what keeps justice alive
-- Judge Oh Ji-Rak (Judge vs. Judge)
