Post by pinkalouguest on Oct 26, 2005 23:33:55 GMT 7
A. JURISDICTION:
B. FILING PROCEDURE:
1. Filing with the court
a. Manner of Filing: the filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the Clerk of Court or by sending them by registered mail.
b. Payment of Docket Fees and Other Legal Fees: Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed shall be paid in full.
Exemption from payment of court fees:
· Indigent litigants
· Government exempt
2. Receiving and Docketing
a. Receiving: initiatory and subsequent pleadings shall be filed with the Clerk of Court
b. Docketing: the Clerk of Court shall keep a general docket, each page of which shall be numbered and prepared for receiving all the entries.
3. Assignment of Cases / Raffling of Cases:
The assignment of cases to the different branches of a court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present.
C. CIVIL CASE PROCEDURE:
1. BEFORE TRIAL
Summons – Clerk to issue summons
Order and/or notice of Hearing in lieu of, or in addition to, summons.
2. PRE TRIAL
within 5 days after the last pleading joining the issue has been filed and served.
3. DURING TRIAL
The session hours of all RTC, MTC, MTC in Cities MCTC, Metro Trial courts shall be from 8:30 a.m. to noon and from 2:00 p.m. to 4:30p.m. from Monday to Friday. The hours in the morning shall be devoted to the conduct of trial, while the hours in the afternoon shall be utilized for
a. The conduct of pre-trial conferences;
b. Writing of decisions, resolutions or orders; or
c. The continuation of trial and the merits, whenever rendered necessary, as may be required by the Rules of Court, statutes, or circulars in specified cases.
4. AFTER TRIAL
When case is submitted for decision
The presiding Judge must have a calendar of cases submitted for decision, noting the exact day, month and year when the 90-day period is to expire.
4.1 JUDGMENT
a. Rendition of judgment and final orders
b. Copies of judgment – copies of all judgment rendered by trial courts shall be furnished the Office of the Court Administrator within ten (10) days from rendition. The original copies of such judgment are fastened to the particular records of the case.
c. Entry of judgments and final orders
d. Judgment and entries book – the Clerk shall keep a judgment book containing a copy of each judgment rendered by the Court in the order of its date and a book of entries of judgment containing at length in chronological order entries of all final judgments or orders of the Court.
e. Entering judgments, purely ministerial
f. Finality – If no appeal or motion for reconsideration/relief/new trial is filed within the time allowed by the Rules, judgments or decision, orders, resolutions or awards become final;
4.2 SERVICE OF JUDGMENTS AND/OR DECISIONS
Judgments, final orders or resolutions shall be served either personally or by registered main. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party.
4.3 COSTS
Unless otherwise provided, costs shall be allowed to the prevailing party as a matter of course, but the Court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.
4.4 APPEAL
Appeal from the Municipal Trial Courts to the Regional Trial Courts
1. Upon receipt of the complete record or the record on appeal, the Clerk of Court of the Regional Trial Court shall notify the parties of such fact.
2. Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for the dismissal of the appeal.
3. Upon the filing of the memorandum of the appellee or the expiration of the period to do so, the case shall be considered submitted for decision. The RTC shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.
Appeal from the Regional Trial Courts
1. Modes of Appeal
a. Ordinary Appeal
b. Petition for Review
c. Appeal by Certiorari
2. Period of Ordinary Appeal – the appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from.
3. Appellate court docket and other lawful fees – within the period for taking an appeal, the appellant shall pay to the Clerk of Court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees.
4. Notice of Appeal – the notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the Court to which the appeal is being taken, and state the material dates showing the timeliness of the appeal.
5. Perfection of Appeal – a party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.
D. CRIMINAL CASES:
1. Before Trial
a. Information shall be filed with the Clerk of Court of RTC
b. Institution of Criminal Actions
c. Arrests
d. Admission and processing of bail
e. Arraignment and plea
f. Pre-trial – mandatory in criminal cases
2. During Trial: after a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within 30 days from receipt of the pre-trial order. Trial once commenced shall continue from day to day as far as practicable until terminated.
3. After trial: in criminal cases, the Judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision, which should be set within 90 days from the submission of the case of decision. Judgment is the adjudication by the Court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the Judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based.
4. New Trial or Reconsideration: At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
5. Appeal: Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy
E. GENERAL FUNCTIONS AND DUTIES:
1. Clerk of Court
· The administrative officer of the court under the supervision of the Executive Judge.
· Has control and supervision over his personnel, all properties and supplies in his office.
2. Branch Clerk of Court – The extension of the Clerk of Court for administrative purposes and performs some of the functions and duties of the Clerk of Court but only within the branch, subject to the supervision and control of the presiding judge.
3. Legal Researcher – verifies authorities on questions of law raised by party litigants in cases brought before the Court as may be assigned by the Presiding Judge; prepares memoranda on evidence adduced by the parties after the hearing.
4. Deputy Sheriff
· Serves and executes all writs and processes of the courts and other agencies, both local and foreign;
· Keeps custody of attached properties or goods
5. Clerk III
· Receives and dockets cases filed with the office of the Clerk of Court.
· Maintains and keeps custody of docket books for criminal, civil, special civil actions, land registration, special proceedings, administrative cases and reconstituted cases.
6. Stenographer – takes stenographic notes on all matters that transpire during court hearings or preliminary investigations and transcribes them.
7. Interpreter – Acts as translator of the court, administer oaths to witnesses, prepares minutes of the court sessions.
8. Process Server – Serves court processes such as subpoena, summons, court order and notice; monitors messages and/or deliver court mails.
9. Utility Worker – performs a variety of low level functions.
MUNICIPAL TRIAL COURTS
A. JURISDICTION
1. ORIGINAL JURISDICTION
1.1 Civil Cases - Sec. 33 of Batas Blg. 129, as amended by Rep. Act. No. 7691, provides that Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction in the following cases:
1.1.1 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 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, further, that where there are several claims or causes of actions between 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 or action arose out of the same or different transactions.
1.1.2 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; and
1.1.3 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.
1.2 Criminal Cases
Sec. 32 of Batas Blg. 129, as amended by Rep. Act. No. 7691, provides that except in cases falling within the exclusive jurisdiction of the RTC and of the Sandiganbayan, MTC and MCTC shall exercise exclusive original jurisdiction over:
1.2.1 All violations of city or municipal ordinances committed within their respective territorial jurisdiction.
1.2.2 All offenses punishable with imprisonment not exceeding six years irrespective of the amount of fine and 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 thereof.
1.3 Election Cases
1.3.1 Municipal and Metro Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective municipalities.
1.3.2 Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over inclusion and exclusion cases and protests with respect to barangay elections.
1.3.3 Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over violations of the Omnibus Election Code relating to the offense of failure to register or failure to vote.
1.3.4 Municipal or Metropolitan Trial Courts shall have jurisdiction over election contest for barangay offices.
2. DELEGATED JURISDICTION
Sec. 34 of Batas Blg. 129 provides that MTCs may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots (a) where there is no controversy or opposition, or (b) contested lots where the value of the land does not exceed one hundred thousand pesos (P100,000.00).
B. PROCEDURE
1. CRIMINAL CASES
1.1 Summary Procedure
1.1.1 Scope of applicability
a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violations of municipal or city ordinances;
d. 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 one thousand pesos (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).
1.1.2 How Commenced
The filing of criminal cases falling within the scope of the Rule on Summary Procedure shall be either by complaint or by information: Provided, however, that in Metropolitan Manila and in Chartered Cities, such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court’s files. If this requirement is not complied with within five (5) days from the date of filing, the case may be dismissed.
1.1.3 Duty of the court
a. If commenced by complaint
On the basis of the complaint and the affidavits and other evidence accompanying the same, the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody.
b. If commenced by information
When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavits and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense.
1.1.4 Arraignment and trial
Should the court, upon a consideration of the complaint or information and the affidavits submitted by the parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.
1.1.5 Preliminary conference
Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused.
1.1.6 Procedure of trial
At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.
1.1.7 Arrest of the accused
The court shall not order the arrest of the accused, except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.
1.1.8 Judgment
Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after termination of trial.
2. CIVIL CASES
2.1 Summary Procedure
2.1.1 Scope of applicability
a. All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered.
b. 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.
2.1.2 Pleadings
The only pleading allowed to be filed are the complaints, compulsory counterclaims and cross-claims pleaded in the answer, and the answers thereto. All pleadings shall be verified.
2.1.3 Duty of the court
After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action.
If no ground for the dismissal is found, it shall forthwith issue summons which shall state that the summary procedure shall apply.
2.1.4 Answer
Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof upon the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter.
2.1.5 Effect of failure to answer
Should the defendant fail to answer the complaint within the period provided in Sec. 6 of the Rule on Summary Procedure, the court motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complain and limited to what is prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney’s fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Sec. 4 Rule 18 of the Rules of Civil Procedure of 1997, if there are two or more defendants.
2.1.6 Preliminary conference; appearance of parties
Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary unless inconsistent with the provisions of the rule on Summary Procedure.
2.1.7 Record of preliminary conference
Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to:
a. Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
b. The stipulations or admissions entered into by the parties;
c. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceeding, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;
d. A clear specifications of material facts which remain controverted, and
e. Such other matters intended to expedite the disposition of the case.
2.1.8 Submission of affidavits and position papers
Within ten(10) days from receipt of the order mentioned in Sec.8 of the Rule on Summary Procedure, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them.
2.1.9 Rendition of judgment
Within thirty(30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.
2.2 Regular Procedure
The regular procedure is the same as that of the Regional Trial Court.
2.3 Appeals
2.3.1 Where to appeal
An appeal from a judgment or final order of a MTC may be taken to the RTC exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee.
2.3.2 When to appeal
An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file motion for new trial or reconsideration shall be allowed.
Note: Under the Rule on Summary Procedure, motions for new trial or reconsideration are prohibited.
B. FILING PROCEDURE:
1. Filing with the court
a. Manner of Filing: the filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the Clerk of Court or by sending them by registered mail.
b. Payment of Docket Fees and Other Legal Fees: Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed shall be paid in full.
Exemption from payment of court fees:
· Indigent litigants
· Government exempt
2. Receiving and Docketing
a. Receiving: initiatory and subsequent pleadings shall be filed with the Clerk of Court
b. Docketing: the Clerk of Court shall keep a general docket, each page of which shall be numbered and prepared for receiving all the entries.
3. Assignment of Cases / Raffling of Cases:
The assignment of cases to the different branches of a court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present.
C. CIVIL CASE PROCEDURE:
1. BEFORE TRIAL
Summons – Clerk to issue summons
Order and/or notice of Hearing in lieu of, or in addition to, summons.
2. PRE TRIAL
within 5 days after the last pleading joining the issue has been filed and served.
3. DURING TRIAL
The session hours of all RTC, MTC, MTC in Cities MCTC, Metro Trial courts shall be from 8:30 a.m. to noon and from 2:00 p.m. to 4:30p.m. from Monday to Friday. The hours in the morning shall be devoted to the conduct of trial, while the hours in the afternoon shall be utilized for
a. The conduct of pre-trial conferences;
b. Writing of decisions, resolutions or orders; or
c. The continuation of trial and the merits, whenever rendered necessary, as may be required by the Rules of Court, statutes, or circulars in specified cases.
4. AFTER TRIAL
When case is submitted for decision
The presiding Judge must have a calendar of cases submitted for decision, noting the exact day, month and year when the 90-day period is to expire.
4.1 JUDGMENT
a. Rendition of judgment and final orders
b. Copies of judgment – copies of all judgment rendered by trial courts shall be furnished the Office of the Court Administrator within ten (10) days from rendition. The original copies of such judgment are fastened to the particular records of the case.
c. Entry of judgments and final orders
d. Judgment and entries book – the Clerk shall keep a judgment book containing a copy of each judgment rendered by the Court in the order of its date and a book of entries of judgment containing at length in chronological order entries of all final judgments or orders of the Court.
e. Entering judgments, purely ministerial
f. Finality – If no appeal or motion for reconsideration/relief/new trial is filed within the time allowed by the Rules, judgments or decision, orders, resolutions or awards become final;
4.2 SERVICE OF JUDGMENTS AND/OR DECISIONS
Judgments, final orders or resolutions shall be served either personally or by registered main. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party.
4.3 COSTS
Unless otherwise provided, costs shall be allowed to the prevailing party as a matter of course, but the Court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.
4.4 APPEAL
Appeal from the Municipal Trial Courts to the Regional Trial Courts
1. Upon receipt of the complete record or the record on appeal, the Clerk of Court of the Regional Trial Court shall notify the parties of such fact.
2. Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for the dismissal of the appeal.
3. Upon the filing of the memorandum of the appellee or the expiration of the period to do so, the case shall be considered submitted for decision. The RTC shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.
Appeal from the Regional Trial Courts
1. Modes of Appeal
a. Ordinary Appeal
b. Petition for Review
c. Appeal by Certiorari
2. Period of Ordinary Appeal – the appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from.
3. Appellate court docket and other lawful fees – within the period for taking an appeal, the appellant shall pay to the Clerk of Court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees.
4. Notice of Appeal – the notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the Court to which the appeal is being taken, and state the material dates showing the timeliness of the appeal.
5. Perfection of Appeal – a party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.
D. CRIMINAL CASES:
1. Before Trial
a. Information shall be filed with the Clerk of Court of RTC
b. Institution of Criminal Actions
c. Arrests
d. Admission and processing of bail
e. Arraignment and plea
f. Pre-trial – mandatory in criminal cases
2. During Trial: after a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within 30 days from receipt of the pre-trial order. Trial once commenced shall continue from day to day as far as practicable until terminated.
3. After trial: in criminal cases, the Judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision, which should be set within 90 days from the submission of the case of decision. Judgment is the adjudication by the Court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the Judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based.
4. New Trial or Reconsideration: At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration.
5. Appeal: Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy
E. GENERAL FUNCTIONS AND DUTIES:
1. Clerk of Court
· The administrative officer of the court under the supervision of the Executive Judge.
· Has control and supervision over his personnel, all properties and supplies in his office.
2. Branch Clerk of Court – The extension of the Clerk of Court for administrative purposes and performs some of the functions and duties of the Clerk of Court but only within the branch, subject to the supervision and control of the presiding judge.
3. Legal Researcher – verifies authorities on questions of law raised by party litigants in cases brought before the Court as may be assigned by the Presiding Judge; prepares memoranda on evidence adduced by the parties after the hearing.
4. Deputy Sheriff
· Serves and executes all writs and processes of the courts and other agencies, both local and foreign;
· Keeps custody of attached properties or goods
5. Clerk III
· Receives and dockets cases filed with the office of the Clerk of Court.
· Maintains and keeps custody of docket books for criminal, civil, special civil actions, land registration, special proceedings, administrative cases and reconstituted cases.
6. Stenographer – takes stenographic notes on all matters that transpire during court hearings or preliminary investigations and transcribes them.
7. Interpreter – Acts as translator of the court, administer oaths to witnesses, prepares minutes of the court sessions.
8. Process Server – Serves court processes such as subpoena, summons, court order and notice; monitors messages and/or deliver court mails.
9. Utility Worker – performs a variety of low level functions.
MUNICIPAL TRIAL COURTS
A. JURISDICTION
1. ORIGINAL JURISDICTION
1.1 Civil Cases - Sec. 33 of Batas Blg. 129, as amended by Rep. Act. No. 7691, provides that Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction in the following cases:
1.1.1 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 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, further, that where there are several claims or causes of actions between 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 or action arose out of the same or different transactions.
1.1.2 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; and
1.1.3 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.
1.2 Criminal Cases
Sec. 32 of Batas Blg. 129, as amended by Rep. Act. No. 7691, provides that except in cases falling within the exclusive jurisdiction of the RTC and of the Sandiganbayan, MTC and MCTC shall exercise exclusive original jurisdiction over:
1.2.1 All violations of city or municipal ordinances committed within their respective territorial jurisdiction.
1.2.2 All offenses punishable with imprisonment not exceeding six years irrespective of the amount of fine and 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 thereof.
1.3 Election Cases
1.3.1 Municipal and Metro Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective municipalities.
1.3.2 Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over inclusion and exclusion cases and protests with respect to barangay elections.
1.3.3 Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over violations of the Omnibus Election Code relating to the offense of failure to register or failure to vote.
1.3.4 Municipal or Metropolitan Trial Courts shall have jurisdiction over election contest for barangay offices.
2. DELEGATED JURISDICTION
Sec. 34 of Batas Blg. 129 provides that MTCs may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots (a) where there is no controversy or opposition, or (b) contested lots where the value of the land does not exceed one hundred thousand pesos (P100,000.00).
B. PROCEDURE
1. CRIMINAL CASES
1.1 Summary Procedure
1.1.1 Scope of applicability
a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violations of municipal or city ordinances;
d. 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 one thousand pesos (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).
1.1.2 How Commenced
The filing of criminal cases falling within the scope of the Rule on Summary Procedure shall be either by complaint or by information: Provided, however, that in Metropolitan Manila and in Chartered Cities, such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court’s files. If this requirement is not complied with within five (5) days from the date of filing, the case may be dismissed.
1.1.3 Duty of the court
a. If commenced by complaint
On the basis of the complaint and the affidavits and other evidence accompanying the same, the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody.
b. If commenced by information
When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavits and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense.
1.1.4 Arraignment and trial
Should the court, upon a consideration of the complaint or information and the affidavits submitted by the parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.
1.1.5 Preliminary conference
Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused.
1.1.6 Procedure of trial
At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.
1.1.7 Arrest of the accused
The court shall not order the arrest of the accused, except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.
1.1.8 Judgment
Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after termination of trial.
2. CIVIL CASES
2.1 Summary Procedure
2.1.1 Scope of applicability
a. All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered.
b. 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.
2.1.2 Pleadings
The only pleading allowed to be filed are the complaints, compulsory counterclaims and cross-claims pleaded in the answer, and the answers thereto. All pleadings shall be verified.
2.1.3 Duty of the court
After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action.
If no ground for the dismissal is found, it shall forthwith issue summons which shall state that the summary procedure shall apply.
2.1.4 Answer
Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof upon the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter.
2.1.5 Effect of failure to answer
Should the defendant fail to answer the complaint within the period provided in Sec. 6 of the Rule on Summary Procedure, the court motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complain and limited to what is prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney’s fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Sec. 4 Rule 18 of the Rules of Civil Procedure of 1997, if there are two or more defendants.
2.1.6 Preliminary conference; appearance of parties
Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary unless inconsistent with the provisions of the rule on Summary Procedure.
2.1.7 Record of preliminary conference
Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to:
a. Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
b. The stipulations or admissions entered into by the parties;
c. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceeding, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;
d. A clear specifications of material facts which remain controverted, and
e. Such other matters intended to expedite the disposition of the case.
2.1.8 Submission of affidavits and position papers
Within ten(10) days from receipt of the order mentioned in Sec.8 of the Rule on Summary Procedure, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them.
2.1.9 Rendition of judgment
Within thirty(30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.
2.2 Regular Procedure
The regular procedure is the same as that of the Regional Trial Court.
2.3 Appeals
2.3.1 Where to appeal
An appeal from a judgment or final order of a MTC may be taken to the RTC exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee.
2.3.2 When to appeal
An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file motion for new trial or reconsideration shall be allowed.
Note: Under the Rule on Summary Procedure, motions for new trial or reconsideration are prohibited.