Thursday, September 1, 2016

Jurisdiction over special proceedings cases | Atty. Alvin Claridades

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Jurisdiction over special proceedings cases

The jurisdiction over cases covered by the Rules on Special Proceedings (RSP) is generally vested in the Regional Trial Court (RTC). However, the Municipal Trial Court (MTC) exercises jurisdiction over the following cases:

Original jurisdiction in probate proceedings, whether testate or intestate, where the gross value of the estate does not exceed P300,000.00 or P400,000.00 in Metro Manila, exclusive of interests, damages of whatever kind, attorney’s fees, litigation expenses and costs;

Delegated jurisdiction in Cadastral and Land Registration Cases covering lots where there is no controversy or opposition or contested lots where the value of which does not exceed P 100,000.00. Appeal is taken to the Court of Appeals (CA), not to the RTC, since the MTC is equal to RTC in this instance; and

Special jurisdiction over petitions for writ of Habeas Corpus in case of absence of RTC judges.

The Supreme Court (SC) and the CA have original jurisdictions over habeas corpus cases, concurrent with the RTC.

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