ADMINISTRATIVE CIRCULAR NO. 09-94 June 14 , 1994

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ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURT, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINESSUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 7691. ENTITLED "AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND 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."For the guidance of the bench and the Bar, the following guidelines are to be followed in the implementation of Republic Act No. 7691, entitled "An 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":1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in civil and original cases, and in cadastral and land registration cases, under Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by R.A. No. 7691. Was effective on April 15, 1994, fifteen (15) days after the publication in the Malaya and in the Times Journal on March 30, 1994, pursuant to Section 8 of the R.A. No. 7691.2. The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount under Section 19 (8) and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of the fine. As a consequence, the Regional Trial Courts have no more original jurisdiction over offenses committed by public officers and employees in relation to their office, where the offense is punishable by more than four (4) years and two (2) months up to six (6) years.4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No. 7691, apply only to offenses punishable by imprisonment or fine, or both, in which cases the amount of the fine is disregarded in determining the jurisdiction of the court. However, in cases where the only penalty provided by law is a fine, the amount thereof shall determine the jurisdiction of the court in accordance with the original provisions of Section 32 (2) of B.P. Blg. 129 which fixed original exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over offenses punishable with a fine of not more than four thousand pesos. If the amount of the fine exceeds four thousand pesos, the Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed six thousand pesos.However, this rule does not apply to offenses involving damage to property through criminal negligence which are under the exclusive original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, irrespective of the amount of the imposable fine.Manila, June 14, 1994.(Sgd.)ANDRES R. NARVASAChief Justice

CIRCULAR NO. 21-99 April 15, 1999

CIRCULAR NO. 21-99 April 15, 1999TO: ALL JUDGES OF THE REGIONAL TRIAL COURTS, THE METROPOLITAN TRIAL COURTS, THE MUNICIPAL TRIAL COURTS IN CITIES, THE MUNICIPAL TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS.SUBJECT: EFFECTIVITY OF PROVISIONS OF SECTION 5 REPUBLIC ACT NO. 7691 FURTHER INCREASING THE JURISDICTIONAL AMOUNTS PRESCRIBED BY CERTAIN PROVISIONS OFBATAS PAMBANSA BLG. 129, AS AMENDED.The provisions of Section 5 of Republic Act No. 7961 prescribe that "After five years (5) from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19(3),1(4),2and (8),3and Sec. 33(1),4ofBatas 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 8 of the same law states that "This Act shall take effect fifteen (15) days following its publication in theOfficial Gazetteor in two (2) national newspaper of general circulation."Republic Act No. 7691 was published simultaneously in the 30 March 1994 issues of thePhilippine JournalandMalaya. The law took effect on 15 April 1994.Considering the provisions of Section 31,5Chapter 8, Book I of the 1987 Administrative Code, Section 5 of R.A. No. 7691 took effect on 20 March 1999.For information and guidance.(Sgd.)ALFREDO L. BENIPAYOCourt AdministratorFootnotes1 Under Section 19 (3) of R.A. No. 7691, the Regional Trail Courts shall exercise exclusive original jurisdiction. "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)."2 Under Section 19 (4) of R.A. No. 7691, the Regional Trail Courts shall exercise exclusive original jurisdiction. "In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P1000,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (P200,000.00)."3 Under Section 19 (8) of R.A. No. 7691, the Regional Trail Courts shall exercise exclusive original jurisdiction. "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)."4 Under Section 33 (1) of R.A. No. 7691, the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts and the Municipal Circuit Trial Courts shall exercise "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 or 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 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 whatever the cause of action arose out of the same or different transactions."5 Section 31 prescribes that "Year" shall be understood to be twelve calendar months; "month" of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; "day" to a day of twenty four hours; and night from sunset to sunrise.