Article 73p. 73

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

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 of habeas corpus or 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 a prima facie case, 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 IV GENERAL PROVISIONS

Section 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 in habeas corpus cases, 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.

© Compiled By RGL

73 of 98