MODULE 7

OFFICES AND AGENCIES AUTHORIZED

TO COMMIT A PERSON TO JAIL
 SUPREME COURT
 Composition

 1 Chief Justice and 14 Associate Justice. The Supreme Court shall be composed of a Chief
Justice and fourteen (14) Associate Justices. It may sit en banc or in its discretion, in
divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days
from the occurrence thereof. (Section 4[1], Article VIII, 1987 Constitution)

 Salaries. The salary of the Chief Justice and of the Associate Justices of the Supreme Court,
and of judges of lower courts shall be fixed by law. During their continuance in office, their
salary shall not be decreased. (Section 10, Article VIII, Ibid.)

 Promulgate rules of procedure. The Supreme Court, under its sole prerogative and authority
over all matters of procedure, deems it proper to declare as ineffective the prohibition
against courts other than the Supreme Court from issuing provisional injunctive writs to
enjoin investigations conducted by the Office of the Ombudsman, until it is adopted as part
of the rules of procedure through an administrative circular duly issued therefor. (Carpio-
Morales v. CA, En Banc, G.R. No. 217126-27, 10 November 2015)
FUNCTIONS
Supreme Court’s Powers and Functions:
 1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers, and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
 2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court
POWERS
 . 1987 Constitution

 SECTION 5. The Supreme Court shall have the following powers:x x x(5) Promulgate rules
concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (Article
VIII, 1987 Constitution)

 The rule making power of [the Supreme Court] was expanded [in the 1987 Constitution]. This
Court for the first time was given the power to promulgate rules concerning the protection and
enforcement of constitutional rights. The Court was also granted for the first time the power to
disapprove rules of procedure of special courts and quasi-judicial bodies. But most importantly,
the 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules
concerning pleading, practice and procedure. In fine, the power to promulgate rules of pleading,
practice and procedure is no longer shared by this Court with Congress, more so with the
Executive. (Baguio Market Vendors Multi-Purpose Cooperative v. Cabato-Cortes, G.R. No. 165922,
26 February 2010)
BATAS PAMBANSA Blg. 129

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND

FOR OTHER PURPOSES

PRELIMINARY CHAPTER

Section 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.
 COURT OF APPEALS

 Section 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 by Exec. Order No. 33,,
July 28, 1986.)
 Section4. 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 sit en banc only for the purpose
of exercising administrative, ceremonial, or
other non-adjudicatory functions. (as amended
by Exec. Order No. 33,.)
 REGIONAL TRIAL COURT
 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 areas

 Section 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.
 R.A. No. 7691*)
 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 the
 Court of Appeals which may give it due course only when the petition shows prima facie that 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.
 METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS

 Section 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 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 branch, except as hereunder provided:
 MUNICIPAL TRAIL COURT
 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
 SANDIGANBAYAN

 Jurisdiction. – The Sandiganbayan shall exercise exclusive 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, Book II of the Revised Penal Code, 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:
RULES OF PROCEDURE GOVERNING INQUIRIES
IN AID OF LEGISLATION
SECTION 1. Power to Conduct Formal Inquiries or Investigations

The SENATE or any of its Committees may conduct formal inquiries or investigations in
aid of legislation in accordance with these Rules.
Such inquiries may refer to the implementation or re-examination of any law or
appropriation, or in connection with any proposed legislation or the formulation of, or in
connection with future legislation, or will aid in the review or formulation of a new
legislative policy or enactment. They may also extend to any and all matters vested by
the Constitution in Congress and/or in the Senate alone.

Sec. 2. Initiation of Inquiry

Inquiries may be initiated by the Senate or any of its Committees if the matter is within
its competence, or upon petition filed or upon information given by any Senator or by
any person not a member thereof.
 Sec. 17. Powers of the Committee
 The Committee shall have the powers of an investigating committee, including the power to
summon witnesses and take their testimony and to issue subpoena and subpoena duces
tecum, signed by its Chairman, or in his absence by the Acting Chairman, and approved by
the President. Within Metro Manila, such process shall be served by the Sergeant-at-Arms or
his assistant. Outside of Metro Manila, service may be made by the police of a municipality
or city, upon request of the Secretary.
 Witnesses who are not government officials summoned by the Committee shall be entitled,
upon request, subject to the approval of the President, to reasonable transportation
expenses, plus such amounts as may be deemed necessary to defray the cost of his stay in
Metro Manila on a day-to-day basis.
 Sec. 18. Contempt
 The Committee, by a vote of a majority of all its members, may punish for contempt any
witness before it who disobeys any order of the Committee or refuses to be sworn or to
testify or to answer a proper question by the Committee or any of its members, or testifying,
testifies falsely or evasively. A contempt of the Committee shall be deemed a contempt of
the Senate. Such witness may be ordered by the Committee to be detained in such place as
it may designate under the custody of the Sergeant-at-Arms until he agrees to produce the
required documents, or to be sworn or to testify, or otherwise purge himself of that
contempt.
 CONGRESS
 SECTION 6. Contempt – (a) The Committee, by a vote of a majority of all its members, may
punish for contempt any witness before it who disobeys any order of the Committee, including
refusal to produce documents pursuant to a subpoena duces tecum, or refuses to be sworn or
to testify or to answer a proper question by the Committee or any of its members, or
testifying, testifies falsely or evasively. A contempt of the Committee shall be deemed a
contempt of the Senate. Such witness may be ordered by the Committee to be detained in
such place as it may designate under the custody of the Sergeant-at-Arms until he agrees to
produce the required documents, or to be sworn or to testify, or otherwise purge himself on
that contempt.
 (b) A report of the detention of any person for contempt shall be submitted by the Sergeant-
at-Arms to the Committee and the Senate. (emphasis supplied)

 The absence of a provision penalizing refusal or failure to comply with a subpoena ad

testificandum should be interpreted against respondent Committees. Neri cannot be punished
for contempt for lack of, again, the requisite published rules of procedure.
 This deficiency becomes all the more pronounced when compared to Section
9, Rule 21 of the Rules of Court:
 SEC. 9. Contempt. – Failure by any person without adequate cause to obey a
subpoena served upon him shall be deemed a contempt of the court from
which the subpoena is issued. If the subpoena was not issued by a court, the
disobedience thereto shall be punished in accordance with the applicable
law or Rule.
 The contempt provision of Rule 21 expressly penalizes the unwarranted
failure to obey a subpoena (whether ad testificandum or duces tecum) as
contempt of court. In contrast, the Rules of Procedure of the Senate and the
Rules of the Blue Ribbon Committee cover only the following acts of a
witness before it: disobedience of any committee order including refusal to
produce documents pursuant to a subpoena duces tecum, refusal to be sworn
or to testify or to answer a proper question and giving of false or evasive
testimony.
SHARIA

 These courts, established in predominantly

Muslim areas, have jurisdiction over cases
involving Muslim personal law, such as marriage,
divorce, and inheritance, based on Islamic
principles.