1
BATAS PAMBANSA Blg. 129AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSESPRELIMINARY
CHAPTERSection 1.Title. This Act shall be known as "The Judiciary
Reorganization Act of 1980."Section 2.Scope. The reorganization
herein provided shall include the Court of Appeals, the Court of
First Instance, the Circuit Criminal Courts, the Juvenile and
Domestic Relations Courts, the Courts of Agrarian Relations, the
City Courts, the Municipal Courts, and the Municipal Circuit
Courts.CHAPTER ICOURT OF APPEALSSection 3.Organization. There is
hereby created a Court of Appeals which consists of a Presiding
Justice and fifty Associate Justice who shall be appointed by the
President of the Philippines. The Presiding Justice shall be so
designated in his appointment, and the Associate Justice shall have
precedence according to the dates of their respective appointments,
or when the appointments of two or more of them shall bear the same
date, according to the order in which their appointments were
issued by the President. Any member who is reappointed to the Court
after rendering service in any other position in the government
shall retain the precedence to which he was entitled under his
original appointment, and his service in the Court shall, for all
intents and purposes, be considered as continuous and
uninterrupted.(as amended byExec. Order No. 33,, July 28,
1986.)Section 4.Exercise of powers and functions. The Court Appeals
shall exercise its powers, functions, and duties, through seventeen
(17) divisions, each composed of three (3) members. The Court may
siten banconly for the purpose of exercising administrative,
ceremonial, or other non-adjudicatory functions.(as amended byExec.
Order No. 33,.)Section 5.Succession to Office of Presiding Justice.
In case of a vacancy in the absence of inability to perform the
powers, functions, and duties of his office, the associate Justice
who is first in precedence shall perform his powers, functions, and
duties until such disability is removed, or another Presiding
Justice is appointed and has qualified.Section 6.Who presides over
session of a division. If the Presiding Justice is present in any
session of a division of the Court, he shall preside. In his
absence, the Associate Justice attending such session who has
precedence shall preside.Section 7.Qualifications. The Presiding
Justice and the Associate Justice shall have the same
qualifications as those provided in Constitution for Justice of the
Supreme Court. (The Supreme Court is the highest tribunal in the
Philippines. It consists of the Chief Justice and 14 Associate
Justices, appointed by the following are the qualifications to
become a member of the Supreme Court:1. Natural-born citizen of the
Philippines;2. at least 40 years of age;3. a judge in a court of
record for at least 15 years or engaged in the practice of law in
the Philippines for the same period; and4. a person of proven
competence, integrity, probity and independence. They hold office
during good behavior until they reach the age of 70 years or become
incapacitated to discharge the duties of their office. They can be
removed only by impeachment. Grounds for impeachment include
conviction of culpable violation of the Philippine Constitution,
treason, bribery, other high crimes, or graft and
corruption.)Section 8.Grouping of Divisions. (Expressly repealed
bySection 4, Exec. Order No. 33,July 28, 1986.)Section
9.Jurisdiction. The Court of Appeals shall Exercise:1. Original
jurisdiction to issue writs ofmandamus,prohibition,certiorari,
habeas corpus,andquo warranto,and auxiliary writs or processes,
whether or not in aid of its appellate jurisdiction;2. Exclusive
original jurisdiction over actions for annulment of judgements of
Regional Trial Courts; and3. Exclusive appellate jurisdiction over
all final judgements, resolutions, orders or 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 od 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.(as amended byR.A. No. 7902.)Section
10.Place of holding sessions. The Court of Appeals shall have its
permanent station in the City of Manila. Whenever demanded by
public interest, the Supreme Court, upon its own initiative or upon
recommendation of the Presiding Justice, may authorize a division
of the Court to hold sessions outside Manila, periodically, or for
such periods and at such places as the Supreme Court may determine,
for the purpose of hearing and deciding cases.Section 11.Quorum A
majority of the actual members of the Court shall constitute a
quorum for its sessionen banc.Three members shall constitute a
quorum for the session of a division. The unanimous vote of the
three members of a division shall be necessary for the
pronouncement of a decision of final resolution, which shall be
reached in consultation before the writing of the opinion by any
members of the division. In the event that the three members do not
reach a unanimous vote, the Presiding Justice shall request the
Raffle Committee of the Court for the designation of two additional
Justice to sit temporarily with them, forming a special division of
five members and the concurrence of a majority of such division
shall be necessary for the pronouncement of a decision or final
resolution. The designation of such additional Justice shall be
made strictly by raffle.A month for reconsideration of its decision
or final resolution shall be resolved by the Court within ninety
(90) days from the time it is submitted for resolution, and no
second motion for reconsideration from the same party shall be
entertainment.(as amended by Exec. Order No. 33, July 28,
1986.)Section 12.Internal Rules. The courten bancis authorized to
promulgate rules or orders governing the constitution of the
divisions and the assignment of Appellate Justices thereto, the
distribution of cases, and other matters pertaining to the
operations of the Court of its divisions. Copies of such rules and
orders shall be furnished by the Supreme Court, which rules and
orders shall be effective fifteen (15) days after receipt thereof,
unless directed otherwise by the Supreme Court.CHAPTER IIREGIONAL
TRIAL COURTSSection 13.Creation of Regional Trial Courts. There are
hereby created thirteen (13) Regional Trial Courts, one for each of
the following judicial regions:Section 14.Regional Trial
Courts.Section 15.Qualifications. No persons shall be appointed
Regional Trial Judge unless he is a natural-born citizen of the
Philippines, at least thirty-five years of age, and for at least
ten years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines
requiring admission to the practice of law as an indispensable
requisite.Section 16.Time and duration of sessions. The time and
duration of daily sessions of the Regional Trial Courts shall be
determined by the Supreme Court:Provided, however, That all
motions, except those requiring immediate action, shall be heard in
the afternoon of every Friday, unless it falls on a holiday, in
which case, the hearing shall be held on the afternoon of the next
succeeding business day:Provided, further, That the Supreme Court
may, for good reasons, fix a different motion day in specified
areasSection 17.Appointment and assignment of Regional Trial
Judges. Every Regional Trial Judge shall be appointed to a region
which shall be his permanent station, and his appointment shall
state the branch of the court and the seat thereof to which he
shall be originally assigned. However, the Supreme Court may assign
temporarily a Regional Trial Judge to another region as public
interest may require, provided that such temporary assignment shall
not last longer than six (6) months without the consent of the
Regional Trial Judge concerned.A Regional Trial Judge may be
assigned by the Supreme Court to any branch or city or municipality
within the same region as public interest may require, and such
assignment shall not be deemed an assignment to another station
within the meaning of this section.Section 18.Authority to define
territory appurtenant to each branch. The Supreme Court shall
define the territory over which a branch of the Regional Trial
Court shall exercise its authority. The territory thus defined
shall be deemed to be the territorial area of the branch concerned
for purposes of determining the venue of all suits, proceedings or
actions, whether civil or criminal, as well as determining the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts over the said branch may exercise appellate
jurisdiction. The power herein granted shall be exercised with a
view to making the courts readily accessible to the people of the
different parts of the region and making the attendance of
litigants and witnesses as inexpensive as possible.Section
19.Jurisdiction in civil cases. Regional Trial Courts shall
exercise exclusive original jurisdiction:(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
the 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 he 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 (200,000.00);(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 (200,000.00);(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 or 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, damages of whatever kind,
attorney's fees, litigation expenses, and costs or the value of the
property in controversy exceeds One hundred thousand pesos
(100,000.00) or, in such other abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as amended by R.A. No.
7691*)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.Section
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.Section 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 such memoranda and/or briefs as may be
submitted by the parties or required by the Regional Trial Courts.
The decision of the Regional Trial Courts in such cases shall be
appealable by petition for review to theCourt of Appeals which may
give it due course only when the petition showsprima faciethat the
lower court has committed an error of fact or law that will warrant
a reversal or modification of the decision or judgment sought to be
reviewed.Section 23.Special jurisdiction to try special cases. The
Supreme Court may designate certain branches of the Regional Trial
Courts to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases which do
not fall under the jurisdiction of quasi-judicial bodies and
agencies, and/or such other special cases as the Supreme Court may
determine in the interest of a speedy and efficient administration
of justice.Section 24.Special Rules of Procedure. Whenever a
Regional Trial Court takes cognizance of juvenile and domestic
relation cases and/or agrarian cases, the special rules of
procedure applicable under present laws to such cases shall
continue to be applied, unless subsequently amended by law or by
rules of court promulgated by the Supreme Court.CHAPTER
IIIMETROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL
CIRCUIT TRIAL COURTSSection 25.Establishment of Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial Courts.
There shall be created a Metropolitan Trial Court in each
metropolitan area established by law, a Municipal Trial Court in
each of the other cities or municipalities, and a Municipal Circuit
Trial Court in each circuit comprising such cities and/or
municipalities as are grouped together pursuant to law.Section
26.Qualifications. No person shall be appointed judge of a
Metropolitan Trial Court, Municipal Trial Court, or Municipal
Circuit Trial Court unless he is a natural-born citizen of the
Philippines, at least 30 years of age, and, for at least five
years, has been engaged in the practice of law in the Philippines,
or has held a public office in the Philippines requiring admission
to the practice of law as an indispensable requisite.Section
27.Metropolitan Trial Courts of the National Capital Region. There
shall be a Metropolitan Trial Court in the National Capital Region,
to be known as the Metropolitan Trial Court of Metro Manila, which
shall be composed of eighty-two (82) branches. Section 28.Other
Metropolitan Trial Courts. The Supreme Court shall constitute
Metropolitan Trial Courts in such other metropolitan areas as may
be established by law whose territorial jurisdiction shall be
co-extensive with the cities and municipalities comprising the
metropolitan area.Every Metropolitan Trial Judge shall be appointed
to a metropolitan area which shall be his permanent station and his
appointment shall state branch of the court and the seat thereof to
which he shall be originally assigned. A Metropolitan Trial Judge
may be assigned by the Supreme Court to any branch within said
metropolitan area as the interest of justice may require, and such
assignment shall not be deemed an assignment to another station
within the meaning of this section.Section 29.Municipal Trial
Courts in cities. In every city which does not form part of a
metropolitan area, there shall be a Municipal Trial Court with one
branchSection 30.Municipal Trial Courts. In each of the
municipalities that are not comprised within a metropolitan area
and a municipal circuit there shall be a Municipal Trial Court
which shall have one branch, Section 31.Municipal Circuit Trial
Court. There shall be a Municipal Circuit Trial Court in each area
defined as a municipal circuit, comprising one or more cities
and/or one or more municipalities. The municipalities comprising
municipal circuits as organized under Administrative Order No. 33,
issued on June 13, 1978 by the Supreme Court pursuant to
Presidential Decree No. 537, are hereby constituted as municipal
circuits for purposes of the establishment of the Municipal Circuit
Trial Courts, and the appointment thereto of Municipal Circuit
Trial Judges:Provided, however, That the Supreme Court may, as the
interests of justice may require, further reorganize the said
courts taking into account workload, geographical location, and
such other factors as will contribute to a rational allocation
thereof, pursuant to the provisions of Presidential Decree No. 537
which shall be applicable insofar as they are not inconsistent with
this Act.Every Municipal Circuit Trial Judge shall be appointed to
a municipal circuit which shall be his official station.The Supreme
Court shall determine the city or municipality where the Municipal
Circuit Trial Court shall hold sessions.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 not exceeding six (6) 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.(as amended by R.A, No. 7691)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 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 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;(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.(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 value
of such property shall be determined by the assessed value of the
adjacent lots.(as amended by R.A. No. 7691)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 where the value
of which does not exceed One hundred thousand pesos (P100,000.00),
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.(as amended by
R.A. No. 7691)Section 35.Special jurisdiction in certain cases. In
the absence of all the Regional Trial Judges in a province or city,
any Metropolitan Trial Judge, Municipal Trial Judge, Municipal
Circuit Trial Judge may hear and decide petitions for a writ
ofhabeas corpusor applications for bail in criminal cases in the
province or city where the absent Regional Trial Judges sit.Section
36.Summary procedures in special cases. In Metropolitan Trial
Courts and Municipal Trial Courts with at least two branches, the
Supreme Court may designate one or more branches thereof to try
exclusively forcible entry and unlawful detainer cases, those
involving violations of traffic laws, rules and regulations,
violations of the rental law, and such other cases requiring
summary disposition as the Supreme Court may determine. The Supreme
Court shall adopt special rules or procedures applicable to such
cases in order to achieve an expeditious and inexpensive
determination thereof without regard to technical rules. Such
simplified procedures may provide that affidavits and
counter-affidavits may be admitted in lieu of oral testimony and
that the periods for filing pleadings shall be
non-extendible.Section 37.Preliminary investigation. Judges of
Metropolitan Trial Courts, except those in the National Capital
Region, of Municipal Trial Courts, and Municipal Circuit Trial
Courts shall have authority to conduct preliminary investigation of
crimes alleged to have been committed within their respective
territorial jurisdictions which are cognizable by the Regional
Trial Courts.The preliminary investigation shall be conducted in
accordance with the procedure prescribed in Section 1, paragraphs
(a), (b), (c), and (d), of Presidential Decree No. 911:Provided,
however,That if after the preliminary investigation the Judge finds
aprima faciecase, he shall forward the records of the case to the
Provincial/City Fiscal for the filing of the corresponding
information with the proper court.No warrant of arrest shall be
issued by the Judge in connection with any criminal complaint filed
with him for preliminary investigation, unless after an examination
in writing and under oath or affirmation of the complainant and his
witnesses, he finds that a probable cause exists.Any warrant of
arrest issued in accordance herewith may be served anywhere in the
Philippines.Section 38.Judgments and processes.(1) All judgments
determining the merits of cases shall be in writing, stating
clearly the facts and the law on which they were based, signed by
the Judge and filed with the Clerk of Court. Such judgment shall be
appealable to the Regional Trial Courts in accordance with the
procedure now prescribed by law for appeals to the Court of First
Instance, by the provisions of this Act, and by such rules as the
Supreme Court may hereafter prescribe.(2) All processes issued by
the Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts, in cases falling within their jurisdiction,
may be served anywhere in the Philippines without the necessity of
certification by the Judge of the Regional Trial Court.CHAPTER
IVGENERAL PROVISIONSSection 39.Appeals. The period for appeal from
final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the
notice of the final order, resolution, award, judgment, or decision
appealed from:Provided however, That inhabeas corpuscases, the
period for appeal shall be forty-eight (48) hours from the notice
of the judgment appealed from.No record on appeal shall be required
to take an appeal. In lieu thereof, the entire record shall be
transmitted with all the pages prominently numbered consecutively,
together with an index of the contents thereof.This section shall
not apply in appeals in special proceedings and in other cases
wherein multiple appeals are allowed under applicable provisions of
the Rules of Court.Section 40.Form of decision in appealed cases.
Every decision of final resolution of a court in appealed cases
shall clearly and distinctly state the findings of fact and the
conclusions of law on which it is based, which may be contained in
the decision or final resolution itself, or adopted by reference
from those set forth in the decision, order, or resolution appealed
from.Section 41.Salaries. Intermediate Appellate Justices, Regional
Trial Judges, Metropolitan Trial Judges, Municipal Trial Judges,
and Municipal Circuit Trial Judges shall receive such compensation
and allowances as may be authorized by the President along the
guidelines set forth in Letter of Implementation No. 93 pursuant to
Presidential Decree No. 985, as amended by Presidential Decree No.
1597.Section 42.Longevity pay. A monthly longevity pay equivalent
to 5% of the monthly basic pay shall be paid to the Justices and
Judges of the courts herein created for each five years of
continuous, efficient, and meritorious service rendered in the
judiciary;Provided,That in no case shall the total salary of each
Justice or Judge concerned, after this longevity pay is added,
exceed the salary of the Justice or Judge next in rank.Section
43.Staffing pattern. The Supreme Court shall submit to the
President, within thirty (30) days from the date of the effectivity
of this Act, a staffing pattern for all courts constituted pursuant
to this Act which shall be the basis of the implementing order to
be issued by the President in accordance with the immediately
succeeding section.Section 44.Transitory provisions. The provisions
of this Act shall be immediately carried out in accordance with an
Executive Order to be issued by the President. The Court of
Appeals, the Courts of First Instance, the Circuit Criminal Courts,
the Juvenile and Domestic Relations Courts, the Courts of Agrarian
Relations, the City Courts, the Municipal Courts, and the Municipal
Circuit Courts shall continue to function as presently constituted
and organized, until the completion of the reorganization provided
in this Act as declared by the President. Upon such declaration,
the said courts shall be deemed automatically abolished and the
incumbents thereof shall cease to hold office. The cases pending in
the old Courts shall be transferred to the appropriate Courts
constituted pursuant to this Act, together with the pertinent
functions, records, equipment, property and the necessary
personnel.The applicable appropriations shall likewise be
transferred to the appropriate courts constituted pursuant to this
Act, to be augmented as may be necessary from the funds for
organizational changes as provided in Batas Pambansa Blg. 80. Said
funding shall thereafter be included in the annual General
Appropriations Act.Section 45.Shari'a Courts. Shari'a Courts to be
constituted as provided for in Presidential Decree No. 1083,
otherwise known as the "Code of Muslim Personal Laws of the
Philippines," shall be included in the funding appropriations so
provided in this Act.Section 46.Gratuity of judges and personnel
separated from office. All members of the judiciary and subordinate
employees who shall be separated from office by reason of the
reorganization authorized herein, shall be granted a gratuity at a
rate equivalent to one month's salary for every year of continuous
service rendered in any branch of the government or equivalent
nearest fraction thereof favorable to them on the basis of the
highest salary received:Provided,That such member of the judiciary
or employee shall have the option to retire under the Judiciary
Retirement Law or general retirement law, if he has met or
satisfied the requirements therefor.Section 47.Repealing clause.
The provisions of Republic Act No. 296, otherwise known as the
Judiciary Act of 1948, as amended, of Republic Act No. 5179 as
amended, of the Rules of Court, and of all other statutes, letters
of instructions and general order or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or accordingly
modified.Section 48.Date of Effectivity. This Act shall take effect
immediately.Approved: August 14, 1981Republic Act No. 7691 March
25, 1994AN 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"Be it enacted by the
Senate and House of Representatives of the Philippines in Congress
assembled::Section 1.Section 19 of Batas Pambansa Blg.
129,otherwise known as the "Judiciary Reorganization Act of 1980",
is hereby amended to read as follows:"Sec. 19. Jurisdiction in
civil cases. Regional Trial Courts shall exercise exclusive
original jurisdiction."(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)."Section 2.Section 32of the same law
is hereby amended to read as follows:"Sec. 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 not exceeding six
(6) 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."Section 3.Section 33of the same law is hereby
amended to read as follows:"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 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."Section 4.Section 34 of the same law is hereby amended to
read as follows:"Sec. 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 where the value of which does not exceed One hundred
thousand pesos (P100,000.00), 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."Section 5.After five (5) years from the effectivity
of this Act, the jurisdictional amounts mentioned in Sec. 19(3),
(4), and (8); and Sec. 33(1) 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 6.All laws, decrees, and
orders inconsistent with the provisions of this Act shall be
considered amended or modified accordingly.Section 7.The provisions
of this Act shall apply to all civil cases that have not yet
reached the pre-trial stage. However, by agreement of all the
parties, civil cases cognizable by municipal and metropolitan
courts by the provisions of this Act may be transferred from the
Regional Trial Courts to the latter. The executive judge of the
appropriate Regional Trial Courts shall define the administrative
procedure of transferring the cases affected by the redefinition of
jurisdiction to the Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts.Section 8.This Act shall
take effect fifteen (15) days following its publication in the
Official Gazette or in two (2) national newspapers of general
circulation.Approved:March 25, 1994CIRCULAR NO. 20 August 7,
1987PHILIPPINE SUPREME COURT CIRCULARSTO: COURT OF APPEALS,
SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A
DISTRICT COURTS AND SHARI'A CIRCUIT COURTSSUBJECT: Designation of
certain Branches of the Regional Trial Courts to handle exclusively
certain Criminal Cases.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:1.
Violations of Presidential Decree No. 1866, codifying the laws on
illegal/unlawful possession, manufacture, dealing in, acquisition
or disposition of, firearms, ammunitions, explosives or instruments
used in the manufacture of firearms, ammunitions or explosives;2.
Violations of Executive Order No. 276 known as the "Anti-Subversion
Act", where the imposable penalty for the offense charged isprison
correccionalor higher;3. Crimes against public order (e.g.
rebellion, sedition, etc.), defined in the Revised Penal code, as
amended;4. Violations of the Dangerous Drugs Act of 1972, as
amended, cognizable by Regional Trial Courts under Batas Pambansa
Blg. 129;5. Violations of the Anti-Carnapping Act of 1972; and6.
All others offenses defined in the Revised Penal Code or Special
Laws where the imposable isreclusion perpetuaor life imprisonment
or higher, whether simple or complex, and other offenses which,
although not so punished, arose out of the same occurrence or were
committed by the accused on the same occasion as that which is
punishable byreclusion perpetuaor higher, whether the accused are
charge as principal, accomplice or accessory;Provided,however, that
where the offense charged is a complex crime and only the lesser
offense which is punishable by a penalty less thanreclusion
perpetuais proved, the Court shall not dismiss the same and impose
the corresponding penalty.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.2.
Upon issuance of the designations, the SPECIAL CRIMINAL COURTS so
designated shall not be assigned cases other than the criminal
cases herein above enumerated and all other cases pending in these
branches, whether civil or criminal, shall be redistributed by
raffle to other branches by the Executive Judge, except those
already submitted for decision and those criminal cases covered by
this Circular which are already pending trial in said branches.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.4. Whenever necessary to
carry out the objectives of this Circular, the Court may assign any
other Regional Trial Court Judge to another judicial region to
assist in the trial and disposition of any of the above enumerated
criminal cases.5. Where no specified branch is designated as a
SPECIAL CRIMINAL COURT, the above enumerated cases shall be raffled
among the branches of the same station which shall try and decide
the same, subject to Rule No. 1 hereof.This Circular shall take
effect immediately.August 7, 1987.Republic Act No. 8369 October 28,
1997AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE
ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSESBe it enacted by
the Senate and House of Representatives of the Philippines in
Congress assembled::Section 1.Title.- This Act shall be known as
the"Family Courts Act of 1997".Section 2.Statement of National
Policies.- The State shall protect the rights and promote the
welfare of children in keeping with the mandate of the Constitution
and the precepts of the United Nations Convention on the rights of
the Child. The State shall provide a system of adjudication for
youthful offenders which takes into account their peculiar
circumstances.The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. The courts shall preserve the solidarity of the
family, provide procedures for the reconciliation of spouses and
the amicable settlement of family controversy.Section
3.Establishment of Family Courts.- There shall be established a
Family Court in every province and city in the country. In case
where the city is the capital of the province, the Family Court
shall be established in the municipality which has the highest
population.Section 4.Qualification and Training of Family Court
Judges.-Sec. 15 of Batas Pambansa Blg. 129, as amended, is hereby
further amended to read as follows:"Sec. 15. (a)Qualification. - No
person shall be appointed Regional Trial Judge or Presiding Judge
of the Family Court unless he is a natural-born citizen of the
Philippines, at least thirty-five (35) years of age, and, for at
least ten (10) years, has been engaged in the practice of law in
the Philippines or has held a public office in the Philippines
requiring admission to the practice of law as indispensable
requisite."(b)Training of Family Court Judges. - The Presiding
Judge, as well as the court personnel of the Family Courts, shall
undergo training and must have the experience and demonstrated
ability in dealing with child and family cases."The Supreme Court
shall provide a continuing education program on child and family
laws, procedure and other related disciplines to judges and
personnel of such courts."Section 5.Jurisdiction of family Courts.-
The Family Courts shall have exclusive original jurisdiction to
hear and decide the following cases:a) Criminal cases where one or
more of the accused is below eighteen (18) years of age but not
less than nine (9) years of age but not less than nine (9) years of
age or where one or more of the victims is a minor at the time of
the commission of the offense: Provided, That if the minor is found
guilty, the court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred.The sentence,
however, shall be suspended without need of application pursuant to
Presidential Decree No. 603, otherwise known as the "Child and
Youth Welfare Code";b) Petitions for guardianship, custody of
children, habeas corpus in relation to the latter;c) Petitions for
adoption of children and the revocation thereof;d) Complaints for
annulment of marriage, declaration of nullity of marriage and those
relating to marital status and property relations of husband and
wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership
of gains;e) Petitions for support and/or acknowledgment;f) Summary
judicial proceedings brought under the provisions of Executive
Order No. 209, otherwise known as the"Family Code of the
Philippines";g) Petitions for declaration of status of children as
abandoned, dependent o neglected children, petitions for voluntary
or involuntary commitment of children; 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;h) Petitions for the constitution
of the family home;i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;j) Violations of Republic Act No.
7610, otherwise known as the"Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act,"as amended by
Republic Act No. 7658; andk) Cases of domestic violence against:1)
Women - which are acts of gender based violence that results, or
are likely to result in physical, sexual or psychological harm or
suffering to women; and other forms of physical abuse such as
battering or threats and coercion which violate a woman's
personhood, integrity and freedom movement; and2) Children - which
include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence, and discrimination and all other conditions
prejudicial to their development.If an act constitutes a criminal
offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.If any question
involving any of the above matters should arise as an incident in
any case pending in the regular courts, said incident shall be
determined in that court.Section 6.Use of Income.- All Family
Courts shall be allowed the use of ten per cent (10%) of their
income derived from filing and other court fees under Rule 141 of
the Rules of Court for research and other operating expenses
including capital outlay: Provided, That this benefit shall
likewise be enjoyed by all courts of justice.The Supreme Court
shall promulgate the necessary guidelines to effectively implement
the provisions of this Sec.Section 7.Special Provisional Remedies.-
In cases of violence among immediate family members living in the
same domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon verified
application by the complainant or the victim for relief from
abuse.The court may order the temporary custody of children in all
civil actions for their custody. The court may also order support
pendente lite, including deduction from the salary and use of
conjugal home and other properties in all civil actions for
support.Section 8.Supervision of Youth Detention Homes.- The judge
of the Family Court shall have direct control and supervision of
the youth detention home which the local government unit shall
establish to separate the youth offenders from adult criminals:
Provided, however, That alternatives to detention and institutional
care shall be made available to the accused including counseling,
recognizance, bail, community continuum, or diversions from the
justice system: Provided, further, That the human rights of the
accused are fully respected in a manner appropriate to their
well-being.Section 9.Social Services and Counseling Division.-
Under the guidance ofthe Department of Social Welfare and
Development (DSWD), a Social Services and Counseling Division
(SSCD) shall be established in each judicial region as the Supreme
Court shall deem necessary based on the number of juvenile and
family cases existing in such jurisdiction. It shall provide
appropriate social services to all juvenile and family cases filed
with the court and recommend the proper social action. It shall
also develop programs, formulate uniform policies and procedures,
and provide technical supervision and monitoring of all SSCD in
coordination with the judge.Section 10.Social Services and
Counseling Division Staff.- The SSCD shall have a staff composed of
qualified social workers and other personnel with academic
preparation in behavioral sciences to carry out the duties'of
conducting intake assessment, social case studies, casework and
counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided, however, That
in adoption cases and in petitions for declaration of abandonment,
the case studies may be prepared by social workers of duly licensed
child caring or child placement agencies, or the DSWD. When
warranted, the division shall recommend that the court avail itself
of consultative services of psychiatrists, psychologists, and other
qualified specialists presently employed in other departments of
the government in connection with its cases.The position of Social
Work Adviser shall be created under the Office of the Court
Administrator, who shall monitor and supervise the SSCD ofthe
Regional Trial Court.Section 11.Alternative Social Services.- In
accordance with Sec. 17 of this Act, in areas where no Family Court
has been established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the DSWD
shall designate and assign qualified, trained, and DSWD accredited
social workers of the local government units to handle juvenile and
family cases filed in the designated Regional Trial Court of the
place.Section 12.Privacy and Confidentiality of Proceedings.- All
hearings and conciliation of the child and family cases shall be
treated in a manner consistent with the promotion of the child's
and the family's dignity and worth, and shall respect their privacy
at all stages of the proceedings. Records of the cases shall be
dealt with utmost confidentiality and the identity of parties shall
not be divulged unless necessary and with authority of the
judge.Section 13.Special Rules of Procedure.- The Supreme Court
shall promulgate special rules of procedure for the transfer of
cases to the new courts during the transition period and for the
disposition of family cases with the best interests of the child
and the protection of the family as primary consideration taking
into account the United Nations Convention on the Rights of the
Child.Section 14.Appeals.- Decisions and orders of the court shall
be appealed in the same manner and subject to the same conditions
as appeals from the ordinary Regional Trial Courts.Section
15.Appropriations.- The amount necessary to carry out the
provisions of this Act shall be included in the General
Appropriations Act of the year following in its enactment into law
and thereafter.Section 16.Implementing Rules and Regulations.- The
Supreme Court, in coordination with the DSWD, shall formulate the
necessary rules and regulations for the effective implementation of
the social aspects of this Act.Section 17.Transitory Provisions.-
Pending the establishment of such Family Courts, the Supreme Court
shall designate from among the branches ofthe Regional Trial Court
at least one Family Court in each of the cities of Manila, Quezon,
Pasay, Caloocan, Makati, Pasig, Mandaluyong, Muntinlupa, Laoag,
Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles,
Cavite, Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo,
Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao,
Butuan, Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis,
Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as
the Supreme Court may deem necessary.Additional cases other than
those provided in Sec. 5 may be assigned to the Family Courts when
their dockets permit: Provided, That such additional cases shall
not be heard on the same day family cases are heard.In areas where
there are no Family Courts, the cases referred to in Sec. 5 of this
Act shall be adjudicated by the Regional Trial Court.Section
18.Separability Clause.- In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in
effect.Section 19.Repealing Clause.- All other laws, decrees,
executive orders, rules or regulations inconsistent herewith are
hereby repealed, amended or modified accordingly.Section
20.Effectivity.- This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general
circulation.ApprovedOctober 28, 1997.SC ADMINISTRATIVE ORDER NO.
113-95, October 02, 1995 RE: DESIGNATION OF SPECIAL COURTS FOR
INTELLECTUAL PROPERTY RIGHTS In the interest of an efficient
administration of justice and to ensure speedy disposition of cases
involving violation of Intellectual Property Rights, the following
Branches of the Regional Trial Courts, Metropolitan Trial Courts
and Municipal Trial Courts in Cities, presently presided over by
their respective trial judges as herein below indicated, are hereby
specially designated to try and decide cases for violations of
Intellectual Property Rights such as, but riot 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 Trade Name, trademark or Service Mark, Fraudulent Designation of
Origin, and False Description), Presidential Degree No. 49
(Protection of Intellectual Property Rights), Presidential Degree
No. 87 (An Act Creating-the Videogram Regulatory Board), Republic
Act No.165 "as amended (The Patent Law), and Republic Act 166 as
amended' (The Trademark Law) committed within their respective
territorial areas 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
CourtA.M. N0. 03-03-03-SC[JULY 01, 2003]RE: CONSOLIDATION OF
INTELLECTUAL PROPERTY COURTS WITH COMMERCIAL COURTSR E S O L U T I
O NWHEREAS, to implement the provisions of Section 5.2 of Republic
Act No. 8799 (The Securities Regulation Code), and in the interest
of a speedy and efficient administration of justice, the Supreme
Court en bane, in the (a) Resolution dated 21 November 2000 (Annex
1), 4 July 2001 (Annex 1-a), 12 November 2002 (Annex 1-b), and 9
July 2002 (Annex 1-c), all issued in A.M. No. 00-11-03-SC; (b)
Resolution dated 27 August 2001 in A.M. No. 01-5-298 RTC (Annex 2);
and (c) Resolution dated 8 July 2002 in A.M. No. 01-12-656-RTC
(Annex 3), resolved to designate certain branches of the Regional
Trial Courts to try and decide cases formerly cognizable by the
Securities and Exchange Commission;WHEREAS, pursuant to the same
Resolution, sixty-five (65) Regional Trial Courts, distributed in
all regions (NCJR and Regions 1-12), were designated as SEC courts
("SEC Courts"), which courts have presently a total of 812 pending
SEC cases (see Annex 6, Table); WHEREAS, in A.O No. 113-95, dated 2
October 1995, as amended by A.O. No. 104-96, dated 21 October 1996,
the Regional Trial Courts in the National Capital Region and
Regions 3, 4, 6, 7, 9, 10 and 11, with twenty-seven (27) judges,
were specially designated to try and decide cases for violations of
Intellectual Property Rights (Annex 4), and to ensure the speedy
disposition of cases involving violations of intellectual property
rights under the Intellectual Property Code (Rep. Act No. 8293),
the Supreme Court en bane, in A.M. No. 02-1-11- SC, dated February
19, 2002, designated the Regional Trial Courts in Regions 1, 2, 5,
8 and 12, with a total of seven (7) judges, and Branch 24 of the
Regional Trial Court of Manila with one (1) judge, as Special
Intellectual Property Courts ("Special IP Courts") (Annex
5)WHEREAS, pursuant to A.M. No. 02-1-11 SC and A.O. No. 113-95,
these Special IP Courts have a total caseload of 503 cases. Of this
number 434 IP cases are pending in the NCJR (Annex 6,
Table);WHEREAS, since the establishment of Special IP Courts
(except for the Special IP Courts in Manila), 15 designated courts,
in Regions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 12 have zero (0) IP cases,
and do not warrant their continued designations as Intellectual
Property Courts (Annex 7, Table);WHEREAS, intellectual property
cases are commercial in nature;WHEREAS, to streamline the court
structure and to promote expediency and efficiency in handling such
special cases, the jurisdiction to hear and decide IPC and SEC
cases are best consolidated in one court;NOW, THEREFORE, the Court
Resolves:chanroblesvirtuallawlibrary1. The Regional Courts
previously designated as SEC Courts through the: (a) Resolutions of
this Court dated 21 November 2000, 4 July 2001, 12 November 2002,
and 9 July 2002, all issued in A.M. No. 00-11-03-SC, (b) Resolution
dated 27 August 2001 in A.M. No. 01-5-298-RTC; and (c) Resolution
dated 8 July 2002 in A.M. No. 01-12-656-RTC are hereby DESIGNATED
and shall be CALLED as Special Commercial Courts to try and decide
cases involving violations of Intellectual Property Rights which
fall within their jurisdiction and those cases formerly cognizable
by the Securities and Exchange Commission;2. The designation of
Intellectual Property Courts under Administrative Order No. 113-95
dated 2 October 1995, as amended by Administrative Order No. 104-96
dated 21 October 1996 and Resolution dated 19 February 2002 in A.M.
No. 02-1-11-SC, is hereby revoked. However, the Regional Trial
Court, Branch 24, Manila is hereby designated as an additional
Special Commercial Court in the City of Manila;3. Upon the
effectivity of this Resolution, all IP cases shall be transferred
to the designated Special Commercial Courts except those which have
undergone the pretrial stage in civil cases or those where any of
the accused has been arraigned in criminal cases which shall be
retained by the court previously assigned to try them;4. The
Special Commercial Courts shall have jurisdiction over cases
arising within their respective territorial jurisdiction with
respect to the National Capital Judicial Region and within the
respective provinces with respect to the First to Twelfth Judicial
Regions. Thus, cases shall be filed in the Office of the Clerk of
Court in the official station of the designated Special Commercial
Court;5. In the event of inhibition of the judge of a designated
Special Commercial Court, the following guidelines shall be
observed: (a) where there is only one (1) Special Commercial Court,
the case shall be raffled among the other judges in the station;
(b) where there are two (2) Special Commercial Courts in the
station, the Executive Judge shall immediately assign the case to
the other Special Commercial Court; and (c) in case of inhibition
of both judges of the Special Commercial Courts, the Executive
Judge shall raffle the case among the judges in the station; and6.
In order to ensure a just and equitable distribution of cases, the
designated Special Commercial Courts shall continue to participate
in the raffles of other cases. Provided, however, that the
Executive Judge concerned shall adopt a procedure whereby every IP
and SEC case assigned to a Special Commercial Court should be
considered a case raffled to it and duly credited to such
court.This Resolution shall take effect on 1 July 2003 and shall be
published in two (2) newspapers of general circulation. 17 June
2003PRESIDENTIAL DECREE No. 1606 December 10, 1978REVISING
PRESIDENTIAL DECREE NO. 1486 CREATING A SPECIAL COURT TO BE KNOWN
AS "SANDIGANBAYAN" AND FOR OTHER PURPOSESWHEREAS, the new
Constitution declares that a public office is a public trust and
ordains that public officers and employees shall serve with the
highest degree of responsibility, integrity, loyalty and efficiency
and shall remain at all times accountable to the people;WHEREAS, to
attain the highest norms of official conduct required of public
officers and employees, Section 5, Article XIII of the New
Constitution provides for the creation of a special court to be
known as Sandiganbayan;NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers in me vested
by the Constitution, do hereby order and decree as follows:Section
1.Sandiganbayan; composition; qualifications; tenure; removal and
composition.A special court, of the same level as the Court of
Appeals and possessing all the inherent powers of a court of
justice, to be known as the Sandiganbayan is hereby created
composed of a Presiding Justice and eight Associate Justices who
shall be appointed by the President.No person shall be appointed
Presiding Justice or Associate Justice of the Sandiganbayan; unless
he is a natural-born citizen of the Philippines, at least 40 years
of age and for at least ten years has been a judge of a court of
record or been engaged in the practice of law in the Philippines or
has held office requiring admission to the bar as a pre-requisite
for a like period.The Presiding Justice shall be so designated in
his commission and the other Justices shall have precedence
according to the dates of their respective commissions, or, when
the commissions of two or more of them shall bear the same date,
according to the order in which their commissions have been issued
by the President.The Presiding Justice and the Associate Justices
shall not be removed from office except on impeachment upon the
grounds and in the manner provided for in Sections 2, 3 and 4 of
Article XIII of the 1973 Constitution.The Presiding Justice shall
receive an annual compensation of P60,000.00 and each Associate
Justice P55,000.00 which shall not be diminished during their
continuance in office. They shall have the same rank, privileges
and other emoluments, be subject to the same inhibitions and
disqualifications, and enjoy the same retirement and other benefits
as those provided for under existing laws of the Presiding Justice
and Associate Justices of the Court of Appeals.Whenever the
salaries of the Presiding Justice and the Associate Justices of the
Court of Appeals are increased, such increases in salaries shall be
correspondingly extended to and enjoyed by the Presiding Justice
and the Associate Justices of the Sandiganbayan.They shall hold
office until they reach the age of 65 years or become incapacitated
to discharge the duties of their office.Section 2.Official Station;
Place of Holding Sessions.The Sandiganbayan shall have its
principal office in the Metro Manila area and shall hold sessions
thereat for the trial and determination of all cases filed with it
irrespective of the place where they may have arisen; Provided,
however, that the Presiding Justice may authorize any division or
divisions of court to hold sessions at any time and place outside
Metro Manila to hear and decide cases emanating from any of the
existing judicial districts. Whenever necessary, the Sandiganbayan
may require the services of the personnel and the use of the
facilities of any agency of the Government, national or local,
including the courts of first instance of the province where any of
the divisions is holding session, and those personnel of such
agencies or courts shall be subject to the orders of the
Sandiganbayan.Section 3.Divisions of the Courts; Quorum.The
Sandiganbayan shall sit in three divisions of three Justices each.
The three divisions may sit at the same time.Three Justices shall
constitute a quorum for session in division; Provided, that when
the required quorum cannot be had due to the legal disqualification
or temporary disability of a Justice or of a vacancy occurring
therein, the President shall, upon recommendation of the Presiding
Justice, designate any Justice of the Court of Appeals or Judge of
the Court of First Instance or of the Circuit Criminal Court of the
judicial district concerned to sit temporarily therein.Section
4.Jurisdiction.The Sandiganbayan shall have jurisdiction over:(a)
Violations of Republic Act No. 3019, as amended, otherwise, known
as the Anti-Graft and Corrupt Practices Act, and Republic Act No.
1379;(b) Crimes committed by public officers and employees
including those employed in government-owned or controlled
corporations, embraced in Title VII of the Revised Penal Code,
whether simple or complexed with other crimes; and(c) Other crimes
or offenses committed by public officers or employees, including
those employed in government-owned or controlled corporations, in
relation to their office.The jurisdiction herein conferred shall be
original and exclusive if the offense charged is punishable by a
penalty higher than prision correccional, or its equivalent, except
as herein provided; in other offenses, it shall be concurrent with
the regular courts.In case private individuals are charged as
co-principals, accomplices or accessories with the public officers
or employees including those employed in government-owned or
controlled corporations, they shall be tried jointly with said
public officers and employees.Where an accused is tried for any of
the above offenses and the evidence is insufficient to establish
the offense charged, he may nevertheless be convicted and sentenced
for the offense proved, included in that which is charged.Any
provision of law or the Rules of Court to the contrary
notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by, the Sandiganbayan,
the filing of the criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to reserve the
filing of such action shall be recognized; Provided, however, that,
in cases within the exclusive jurisdiction of the Sandiganbayan,
where the civil action had therefore been filed separately with a
regular court but judgment therein has not yet been rendered and
the criminal case is hereafter filed with the Sandiganbayan, said
civil action shall be transferred to the Sandiganbayan for
consolidation and joint determination with the criminal action,
otherwise, the criminal action may no longer be filed with the
Sandiganbayan, its exclusive jurisdiction over the same
notwithstanding, but may be filed and prosecuted only in the
regular courts of competent jurisdiction; Provided, further, that,
in cases within the concurrent jurisdiction of the Sandiganbayan
and the regular courts, where either the criminal or civil action
is first filed with the regular courts, the corresponding civil or
criminal action, as the case may be, shall only be filed with the
regular courts of competent jurisdiction.Excepted from the
foregoing provisions, during martial law, are criminal cases
against officers and members of the armed forces in the active
service.Section 5.Proceedings, how conducted; votes required.The
unanimous vote of the three justices in a division shall be
necessary for the pronouncement of a judgment. In the event that
the three justices do not reach a unanimous vote, the Presiding
Judge shall designate two other justices from among the members of
the Court to sit temporarily with them, forming a division of five
justices, and the concurrence of a majority of such division shall
be necessary for rendering judgment.Section 6.Maximum period for
termination of cases.As far as practicable, the trial of cases
before the Sandiganbayan once commenced shall be continuos until
terminated and the judgment shall be rendered within three (3)
months from the date the case was submitted for decision.Section
7.Form, finality and enforcement of decisions.Decisions and final
orders of the Sandiganbayan shall contain complete findings of
facts on all issues properly raised before it.A petition for
reconsideration of any final order or decision maybe filed within
(15) days from promulgation or notice of the final order or
judgment, and such petition for reconsideration shall be decided
within thirty (30) days from submission thereon.Decisions and final
orders shall be subject to review on certiorari by the Supreme
Court in accordance with Rule 45 of the Rules of Court. The Supreme
Court shall decide any case on appeal promptly and without the
necessity of placing it upon the regular calendar. Whenever, in any
case decided, the death penalty shall have been imposed, the
records shall be forwarded to the Supreme Court, whether the
accused shall have appealed or not, for review and judgment, as law
and justice shall dictate.Final judgments and orders of the
Sandiganbayan shall be executed and enforced in the manner provided
by law.Section 8.Transfer of cases.As of the date of the
effectivity of this decree, any case cognizable by the
Sandiganbayan within its exclusive jurisdiction where none of the
accused has been arraigned shall be transferred to the
Sandiganbayan.Section 9.Rule-making Power.The Sandiganbayan shall
have the power to promulgate its own rules of procedure and,
pending such promulgation, the Rules of Court shall govern its
proceedings.Section 10.Authority over internal affairs.The
Sandiganbayan shall administer its own internal affairs and may
adopt such rules governing the constitution of its divisions, the
allocation of cases among them, the rotation of justices and other
matters relating to its business.Section 11.Proceeding free of
charge.All proceedings in the Sandiganbayan shall be conducted at
no cost to the complainant and/or his witnesses.No criminal
information or complaint shall be entertained by the Sandiganbayan
except upon a certification by the Investigating Prosecutor of the
existence of a prima facie case to be determined after a
preliminary investigation conducted in accordance with applicable
laws and approved by the Chief Special Prosecutor.Section
12.Administrative personnel.The Sandiganbayan shall reelect and
appoint such personnel as it may deem necessary to discharge its
functions under this Decree including a Clerk of Court and three
(3) Deputy Clerks of Court who shall be members of the Bar.The
Clerk of Court shall have an annual compensation of P36,000.00 and
the Deputy Clerks of Court, P30,000.00.All other subordinate
employees of the Sandiganbayan shall be governed by the provisions
of the Civil Service Law; Provided, that the Sandiganbayan may, by
resolution en banc, remove any of them for cause.Section 13.Report
to the President.The Sandiganbayan shall submit an annual report to
the President, including all disbursements of funds entrusted to
it, within two months from the end of the Fiscal Year.Section
14.Funding.There is hereby immediately appropriated the sum of Five
Million Pesos (P5,000.00) out of any funds in the National Treasury
to carry out the provisions of this Decree and thereafter to be
included in the general appropriations act. The appropriations for
the Sandiganbayan shall be automatically released in accordance
with a schedule submitted by the Sandiganbayan.Section
15.Separability of Provisions.If for any reason, any section or
provision of this Decree is declared to be unconstitutional or
invalid, other sections or provisions thereof which are not
affected thereby, shall continue in full force and effect.Section
16.Repealing Clause.This Decree hereby repeals Presidential Decree
No. 1486 and all other provisions of law, General Orders,
Presidential Decrees, Letters of Instructions, rules or regulations
inconsistent herewith.Section 17.Effectivity.This Decree shall take
effect immediately.Done in the City of Manila, this 10th day of
December, in the year of Our Lord, nineteen hundred and
seventy-eight.
REPUBLIC ACT No. 7975AN ACT TO STRENGTHEN THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THAT
PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDEDSection 1.Section 3
of Presidential Decree No. 1606, as amended by Executive Order No.
184, is hereby further amended to read as follows:"Sec. 3. Division
of the Court; Quorum. - The Sandiganbayan shall sit in five (5)
divisions of three justices each. The five (5) may sit at the same
time."The first three divisions shall be stationed in the Metro
Manila area, the fourth division shall be in Cebu City for cases
coming from the Visayas region, and the fifth division shall be in
Cagayan de Oro City for cases coming from the Mindanao
region."Three Justices shall constitute a quorum for sessions in
divisions: Provided, That when the required quorum for the
particular division cannot be had due to the legal disqualification
or temporary disability of a Justice or of a vacancy occurring
therein, the Presiding Justice may designate an Associate Justice
of the Court, to be determined by strict rotation on the basis of
the reverse order of precedence, to sit as a special member of said
division with all the rights and prerogatives of a regular member
of said division in the trial and determination of a case or cases
assigned thereto, unless the operation of the court will be
prejudiced thereby, in which case, the President shall, upon the
recommendation of the Presiding Justice, designate any Justice or
Justices of the Court of Appeals to sit temporarily
therein."Section 2.Section 4 of the same Decree is hereby further
amended to read as follows:"Sec. 4. Jurisdiction. The Sandiganbayan
shall exercise original jurisdiction in all cases involving:"a.
Violations of Republic Act No. 3019, as amended, otherwise known as
the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII of the Revised Penal Code
(Bribery), where one or more of the principal accused are officials
occupying the following positions in the government, whether in
permanent, acting or interim capacity, at the time of the
commission of the offense:"(1) Officials of the executive branch
occupying the positions of regional director and higher, otherwise
classified as grade 27 and higher, of the Compensation and Position
Classification Act of 1989 (Republic Act No. 6758), specifically
including:"(a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, and provincial treasurers, assessors,
engineers, and other provincial department heads;"(b) City mayors,
vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department
heads;"(c) Officials of the diplomatic service occupying the
position of consul and higher;"(d) Philippine army and air force
colonels, naval captains, and all officers of higher rank;"(e) PNP
chief superintendent and PNP officers of higher rank;"(f) City and
provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special
prosecutor;"(g) Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state universities or
educational institutions or foundations;"(2) Members of Congress
and officials thereof classified as Grade "27" and up under the
Compensation and Position Classification Act of 1989;"(3) Members
of the judiciary without prejudice to the provisions of the
Constitution;"(4) Chairmen and members of Constitutional
Commissions, without prejudice to the provisions of the
Constitution; and"(5) All other national and local officials
classified as Grade "27" and higher under the Compensation and
Position Classification Act of 1989;"b. Other offenses or felonies
committed by the public officials and employees mentioned in
subsection (a) of this section in relation to their office."c.
Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A."In cases where none of the
principal accused are occupying positions corresponding to salary
grade "27" or higher, as prescribed in the said Republic Act No.
6758, or PNP officers occupying the rank of superintendent or
higher, or their equivalent, exclusive jurisdiction thereof shall
be vested in the proper Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court, and Municipal Circuit Trial Court, as
the case may be, pursuant to their respective jurisdictions as
provided in Batas Pambansa Blg. 129."The Sandiganbayan shall
exercise exclusive appellate jurisdiction on appeals from the final
judgments, resolutions or orders of regular courts where all the
accused are occupying positions lower than salary grade "27", or
not otherwise covered by the preceding enumeration."The
Sandiganbayan shall have exclusive original jurisdiction over
petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunction, and other ancillary writs
and processes in aid of its appellate jurisdiction: Provided, That
the jurisdiction over these petitions shall not be exclusive of the
Supreme Court."The procedure prescribed in Batas Pambansa Blg. 129,
as well as the implementing rules that the Supreme Court has
promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals shall apply to
appeals and petitions for review filed with the Sandiganbayan. In
all cases elevated to the Sandiganbayan and from the Sandiganbayan
to the Supreme Court, the office of the Ombudsman, through its
special prosecutor, shall represent the people of the Philippines
except in cases filed pursuant to Executive Orders Nos. 1, 2, 14
and 14-A."In case private individuals are charged as co-principals,
accomplices or accessories with the public officers or employees,
including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers
and employees in the proper courts which shall exercise exclusive
jurisdiction over them."Any provision of law or Rules of Court to
the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability
arising from the offense charged shall at all times be
simultaneously instituted with, and jointly determined in, the same
proceeding by the Sandiganbayan or the appropriate courts, the
filing of the criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to reserve the
filing of such civil action separately from the criminal action
shall be recognized: Provided, however, That where the civil action
had heretofore been filed separately but judgment therein has not
yet been rendered, and the criminal case is hereafter filed with
the Sandiganbayan or the appropriate court, said civil action shall
be transferred to the Sandiganbayan or the appropriate court as the
case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be
deemed abandoned."Section 3.Section 7 of the same decree is hereby
amended to read as follows:"Sec. 7. Form, Finality and Enforcement
of Decisions. - All decisions and final orders determining the
merits of a case or finally disposing of the action or proceedings
of the Sandiganbayan shall contain complete findings of the facts
and the law on which they are based, on all issues properly raised
before it and necessary in deciding the case."A petition for
reconsideration of any final order or decision may be filed within
fifteen (15) days from promulgation or notice of the final order or
judgment, and such motion for reconsideration shall be decided
within thirty (30) days from submission thereon."Decisions and
final orders of the Sandiganbayan shall be appealable to the
Supreme Court by petition for review on certiorari raising pure
questions of law in accordance with Rule 45 of the Rules of Court.
Whenever, in any case decided by the Sandiganbayan, the penalty of
reclusion perpetua or higher is imposed, the decision shall be
appealable to the Supreme Court in the manner prescribed in the
Rules of Court. In case the penalty imposed is death, review by the
Supreme Court shall be automatic, whether or not the accused filed
an appeal."Judgments and orders of the Sandiganbayan shall be
executed and enforced in the manner provided by law."Decisions and
final orders of other courts, in cases cognizable by said courts
under this Act shall be appealable to the Sandiganbayan within
fifteen (15) days from promulgation or notice to the
parties."Section 4.Section 9 of the same Decree is hereby amended
to read as follows:"Sec. 9. Rules of Procedure. - The Rules of
Court promulgated by the Supreme Court shall apply to all cases and
proceedings filed with the Sandiganbayan. The Sandiganbayan shall
have no power to promulgate its own rules of procedure, except to
adopt internal rules governing the allotment of cases among the
divisions, the rotation of justices among them, and other matters
relating to the internal operations of the court which shall be
inforced until repealed or modified by the Supreme Court."Section
5.Section 10 of the same Decree is hereby repealed.Section
6.Presidential Decrees Nos. 1486, 1606 and 1861, Executive Orders
Nos. 101 and 184 and all other laws, decrees, orders and rules of
which are inconsistent therewith are hereby repealed or modified
accordingly.Section 7.Upon the effectivity of this Act, all
criminal cases in which trial has not begun in the Sandiganbayan
shall be referred to the proper courts.Section 8.This Act shall
take effect fifteen (15) days following its publication in the
Official Gazette or in two (2) national newspapers of general
circulation.Approved: 30 March 1995Republic Act No. 8249 February
5, 1997AN ACT FURTHER DEFINING THE JURISDICTION OF THE
SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO.
1606, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSESBe it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled::Section 1.The first
paragraph of Section 1 of Presidential Decree No. 1606, as amended,
is hereby further amended to read as follows:"SECTION 1.
Sandiganbayan; Composition, Qualifications; Tenure; Removal and
Compensation. - A special court, of the same level as the Court of
Appeals and possessing all the inherent powers of a court of
justice, to be known as the Sandiganbayan is hereby created
composed of a presiding justice and fourteen associate justices who
shall be appointed by the President."Section 2.Section 2 of the
same decree is hereby further amended to read as follows:"SECTION
2. Official Station; Place of Holding Sessions. - The Sandiganbayan
shall have its principal office in the Metro Manila area and shall
hold sessions thereat for the trial and determination of cases
filed with it: Provided, however, That cases originating from the
principal geographical regions of the country, that is, from Luzon,
Visayas or Mindanao, shall be heard in their respective regions of
origin except only when the greater convenience of the accused and
of the witnesses, or other compelling considerations require the
contrary, in which instance a case originating from one
geographical region may be heard in another geographical region:
Provided, further, That for this purpose the presiding justice
shall authorize any divisions of the court to hold sessions at any
time and place outside Metro Manila and, where the interest of
justice so requires, outside the territorial boundaries of the
Philippines. The Sandiganbayan may require the services of the
personnel and the use of facilities of the courts or other
government offices where any of the divisions is holding sessions
and the personnel of such courts or offices shall be subject to the
orders of the Sandiganbayan."Section 3.The second paragraph of
Section 3 of the same decree is hereby deleted.Section 4.Section 4
of the same decree is hereby further amended to read as follows:"a.
Violations of Republic Act No. 3019, as amended, otherwise known as
the Anti-graft and Corrupt Practices Act, Republic Act No. 1379,
and Chapter II, Section 2, Title VII, Book II of the Revised Penal
Code (bribery), where one or more of the accused are officials
occupying the following positions in the government whether in a
permanent, acting or interim capacity, at the time of the
commission of the offense:"(1) Officials of the executive branch
occupying the positions of regional director and higher, otherwise
classified as Grade '27' and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758),
specifically including:"(a) Provincial governors, vice-governors,
members of the sangguniang panlalawigan and provincial treasurers,
assessors, engineers and other provincial department heads;"(b)
City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors engineers and other city department
heads;"(c) Officials of the diplomatic service occupying the
position of consul and higher;"(d) Philippine army and air force
colonels, naval captains, and all officers of higher rank;"(e)
Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of
senior superintendent or higher;"(f) City and provincial
prosecutors and their assistants, and officials and prosecutors in
the Office of the Ombudsman and special prosecutor;"(g) Presidents,
directors or trustees, or managers of government-owned or
-controlled corporations, state universities or educational
institutions or foundations;"(2) Members of Congress and officials
thereof classified as Grade'27'and up under the Compensation and
Position Classification Act of 1989;"(3) Members of the judiciary
without prejudice to the provisions of the Constitution;"(4)
Chairmen and members of Constitutional Commissions, without
prejudice to the provisions of the Constitution; and"(5) All other
national and local officials classified as Grade'27'and higher
under the Compensation and Position Classification Act of 1989."b.
Other offenses or felonies whether simple or complexed with other
crimes committed by the public officials and employees mentioned in
subsection a of this section in relation to their office."c. Civil
and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1 (CREATING THE PRESIDENTIAL COMMISSION ON
GOOD GOVERNMENT), 2 (Regarding The Funds, Moneys, Assets, And
Properties Illegally Acquired Or Misappropriated By Former
President Ferdinand Marcos, Mrs. Imelda Romualdez Marcos, Their
Close Relatives, Subordinates, Business Associates, Dummies,
Agents, Or Nominees.), 14 and 14-A (vesting in the Sandiganbayan
original and exclusive jurisdiction over all criminal and civil
suits filed by the Presidential Commission on Good Governmen),
issued in 1986."In cases where none of the accused are occupying
positions corresponding to salary grade '27' or higher, as
prescribed in the said Republic Act No. 6758, or military or PNP
officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan
trial court, municipal trial court and municipal circuit trial
court ' as the case may be, pursuant to their respective
jurisdiction as provided in Batas Pambansa Blg. 129, as
amended."The Sandiganbayan shall exercise exclusive appellate
jurisdiction over f