ADMINISTRATIVE
CIRCULAR NO. 9-94
TO:
THE
COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, METROPITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, ALL
MEMBERS
OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED
BAR OF THE PHILIPPINES
SUBJECT:
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 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’":chanrobles virtual law library
[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 Sections 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 R.A. No. 7691.cralaw:red
[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.cralaw:red
[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.cralaw:red
[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 thoudand 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.cralaw:red
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.cralaw:red
Manila,
June 14,
1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |