I.

REGIONAL TRIAL COURT

INTRODUCTION (NEWIN)

The Regional Trial Court, formerly known as the Court of First Instance, is part of the
Philippine Court System classified as courts of general jurisdiction. They handle and decide not
only the particular classes or kinds of cases assigned to them by law, Batas Pambansa Blg. 129
known as “The Judiciary Reorganization Act of 1980,” but also those which are not within the
jurisdiction of the courts of the first level or the Metropolitan Trial Courts

Section 13. Creation of Regional Trial Courts. – There are hereby created thirteen (13)
Regional Trial Courts, one for each judicial regions.

In case of transfer or redistribution of the provinces, subprovinces, cities or municipalities

comprising the regions established by law of purposes of the administrative field
organization of the various departments and agencies of the government, the composition
of the judicial regions herein constituted shall be deemed modified accordingly.

The Supreme Court implemented A.M No. 15-06-10 SC, Re: Revised Guidelines for
Continuous Trial of Criminal Cases, in all trial courts including the Sandiganbayan and the Court
of Tax Appeals. The Supreme Court said that continuous trial will apply not only on newly filed
criminal cases but also to “pending criminal cases with respect to the remainder of the
proceedings.” It is aimed at protecting and advancing the constitutional right of persons to a
speedy disposition of their criminal cases, and reinforcing and giving teeth to the existing rules
on criminal procedure and other special rules and those which promote speedy disposition of
criminal cases.

QUALIFICATIONS OF A JUDGE IN REGIONAL TRIAL COURT

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. (Sec. 15 of B.P. 129)

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.
(Sec. 16 of B.P. 129)

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. (Sec. 17 of B.P.
129)

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. (Sec. 18 of B.P. 129)

JURISDICTION

A. 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*)

B. 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.

C. 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.

D. 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.

E. 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.

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.

II.
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS

INTRODUCTION

Municipal Trial Courts in Cities are equivalent of the Municipal Trial Courts in cities
outside the Metropolitan Manila. Municipal Trial Courts in the towns and cities in the
Metropolitan Manila area, as distinguished from the other political subdivisions in the
Philippines, are referred to as Metropolitan Trial Courts.
QUALIFICATIONS OF A JUDGE IN MUNICIPAL TRIAL COURT IN CITIES

Section 26 of the Judiciary Act of 1980 provides that “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.”

JURISDICTION

A. 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. (Sec. 33 of BP 129)

B. 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. (Sec. 32 of BP 129)

C. Delegated Jurisdiction

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.
(Sec. 34 of BP 129)

D. Special Jurisdiction

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. (Sec. 35 of BP 129)

E. Summary Procedures

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. (Sec. 37 of BP 129)

III.
ACTUAL COURT OBSERVATION

A. REGIONAL TRIAL COURT

A-1. Preliminaries (KRANG)

a. Staff required before hearing can proceed

The hearing in the Regional Trial Court Branch 24, City of Biñan on August 30, 2017 at 8:30 in
the morning commences as the presence of the following are confirmed:

Hon. Tomas Ken D. Romaquin Jr. The Presiding Judge

Prosecutor Frank J. Nievales Jr. (Biñan Cases) Trial Prosecutor
Atty. Avelino T. Iglesias Jr. PAO Lawyer
Atty. Rose Lyn A. Disonglo Br. Clerk of Court
Mr. Edgardo D. Moreno, LLB Court Interpreter III
Ms./Mrs. Court Stenographer
A-2. Stages of Trial Observed

● CIVIL CASES (PILO)

On the day of our scheduled observation, RTC Branch 24 City of Biñan have thirty one
cases scheduled to be heard. Of this thirty one cases, fifteen are civil cases. Each civil cases are
already in different stages. We were able to observe how the court conducted “Pre-Trial
Conference”, “Plaintiff’s Presentation of Evidence”, “Cross Examination by the City Prosecutor
of the Plaintiff in cases involving Declaration of Nullity of Marriage”, “Respondent’s
Presentation of Evidence”, and an “Advance Deposition of the Plaintiff in a case involving
Declaration of Nullity of Marriage”.

In one case involving Declaration of Nullity of Marriage, we were able to witness the
presentation of an expert witness. The witness presented is a certified Clinical Psychologist. The
plaintiff, who presented the expert witness, also presented the Psychological Evaluation Report
and her Judicial Affidavit in lieu of the direct testimony. In this same case, the City Prosecutor
conducted a cross-examination to guarantee that there is no collusion or connivance between the
parties.

In another case of Declaration of Nullity of Marriage, the parties involved are married
for a mere more than one year. In this case, the lawyer for the plaintiff conducted an advance
deposition of his client due to the fact that the plaintiff is already based in another country and is
only vacationing here in the Philippines at the moment. The City Prosecutor also conducted his
cross-examination on the plaintiff-witness and he also made effort to see if there is a chance for a
reconciliation between the parties.

A witness from the CIvil Registrar was also presented by the plaintiff in a case of
Declaration of Nullity of Marriage. The Civil Registrar was directly examined by the lawyer of
the plaintiff as well as the Civil Registry that he brought with him. The lawyer for the plaintiff
aims to show that there was no marriage license issued to the parties as the same does not reflect
in the Civil Registry of the place where the supposed marriage license was issued.

● CRIMINAL CASES (NEWIN)

During the court visit, we observed a formal reading of a criminal charges against the
accused. The Judge? asked the accused if he has an attorney, or needs the assistance of a court-
appointed attorney. The accused was asked to enter his answers or "pleads to" the criminal
charges "guilty," "not guilty," or "no contest." Also, the Judge decided whether to alter the bail
amount or to release the accused on his/her own recognizance. The dates of future proceedings in
the case, such as the preliminary hearing, pre-trial motions, and trial were announced. The rules
in the arraignment and plea was strictly complied by the court as it is intended to protect the
constitutional right of the accused to be informed of the nature and cause of accusation against
him.

The following cases were arraigned in the RTC Branch 24 City of Biñan: (1) Violation of
R.A. 9287 known as Illegal Gambling; (2) Violation of R.A. 10591- Comprehensive Law on
Firearms and Ammunition; (3) Violation of Sec. 5, RA 9165 - Sale, Trading, Administration,
Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals – 5 cases; (4) Violation of Sec. 11, RA 9165, - Possession of
Dangerous Drugs – 5 cases; (5) Violation of Sec. 12, R.A. 9165 - Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs- 4 cases and; (6) Violation
of Sec. 26, R.A. 9165 - Attempt or Conspiracy.

○ SPECIAL PROCEDDING (NEWIN)

 There was an advance deposition given by petitioner? while under oath where he seek to
recognize the Judgment of the Adoption Order. During the deposition, the prosecutor was
allowed to ask a series of questions regarding the subject matter.

B. MTCC
B-1. Preliminaries (KRANG)
b. Staff required before hearing can proceed

The hearing in the Municipal Trial Court in Cities, City of Biñan on September 4, 2017 at 1:30 in
the afternoon commences as the presence of the following are confirmed:

Hon. Maria Concepcion M. Serrano- Altea The Presiding Judge

Hon. Liwanag M. Dimasupil Asst. City Prosecutor
Atty. Lutherval Reynaldo Public Attorney
Mercidita Y. Wahid Clerk of Court
Gay Eloisa G. Almeria Legal Researcher
Rida A. Hatab Interpreter
Grace H.Dawal Court Stenographer

B-2. Stages of Trial Observed (ARN)

● Civil Cases
Unfortunately, there are no calendared civil cases on the scheduled day of our
observation

● Criminal Cases

III. SCHEDULE OF HEARINGS (Between MTCC and RTC) (MYKEE)

➔ Whether or not the court combines same or similar cases

In the daily calendar of a Courts that we visited, we saw a voluminous number of

cases, but a large of cases that is scheduled on that day we’re reset or moved because
of different circumstances.
 The hearing held at RTC and MTCC are very much different to each other, from
the moment we entered the scheduled hearing at RTC on August 30, 2017, we saw a
lesser number of calendared cases compared to MTCC which we visited on September
4, 2017. It is because of A.M. No. 15-06-10-SC (Re: Revised Guidelines for Continuous
Trial of Criminal Cases) which took effect on September 1, 2017. It applies to all newly-
filed criminal cases, including those governed by Special Laws and Rules, in the First
and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals. It also
applies to pending criminal cases with respect to the remainder of the proceedings. It
shall not apply to cases under the Rule on Summary Procedure.

➔ As to application of Rules on Continuous Trial in Criminal Cases

IV. CASES HEARD (Between MTCC and RTC) (MYKEE)

➔ Drug Court and Family Court
➔

V. AMBIENCE IN THE RTC/MTCC (RAF)

➔ Who are mostly in attendance
➔ Time started and ended
➔ Number of cases called
➔ Manner of calling of cases
➔ Court’s proceeding when one of the party’s counsel is not present

III.
ATTACHMENTS

1. Letter of Court Visit ( RTC and MTC)

2. Copy of Calendar of Cases (RTC and MTC)
3. Certification duly signed by the Clerk of Court; and
4. Group Picture