BP 129 Chapter III.—METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS

Section 25

SEC. 25. Establishment of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts.—There shall be created a Metropolitan Trial Court in each metropolitan area established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.

Qualifications.

Section 26

SEC. 26. Qualifications.—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.

Metropolitan Trial Courts of the National Capital Region.

Section 27

SEC. 27. Metropolitan Trial Courts of the National Capital Region.—There shall be a Metropolitan Trial Court in the National Capital Region, to be known as the Metropolitan Trial Court of Metro Manila, which shall be composed of eighty-two (82) branches. There shall be: Thirty branches (Branches I to XXX) for the city of Manila with seats thereat; Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats thereat; Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat; Five branches (Branches XLIX to LIII) for Caloocan City with seats thereat; One branch (Branch LIV) for Navotas with seat thereat; Two branches (Branches LV and LVI) for Malabon with seats thereat; Two branches (Branches LVII and LVIII) for San Juan with seats thereat; Two branches (Branches LIX and LX) for Mandaluyong with seats thereat; Seven branches (Branches LXI to LXVII) for Makati with seats thereat; Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat; One branch (Branch LXXIII) for Pateros with seat thereat; One branch (Branch LXXIV) for Taguig with seat thereat; Two branches (Branches LXXV and LXXVI) for Marikina with seats thereat; Two branches (Branches LXXVII and LXXVIII) for Paranaque with seats thereat; One branch (Branch LXXIX) for Las Piñas with seat thereat; One branch (Branch LXXX) for Muntinlupa with seat thereat; and Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats thereat.

Other Metropolitan Trial Courts.

Section 28

SEC. 28. Other Metropolitan Trial Courts.—The Supreme Court shall constitute Metropolitan Trial Courts in such other metropolitan areas as may be established by law whose territorial jurisdiction shall be co-extensive with the cities and municipalities comprising the metropolitan area. Every Metropolitan Trial Judge shall be appointed to a metropolitan area 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. A Metropolitan Trial Judge may be assigned by the Supreme, Court to any branch within said metropolitan area as the interest of justice may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

Municipal Trial Courts in cities.

Section 29

SEC. 29. Municipal Trial Courts in cities.—In every city which does not form part of a metropolitan area there shall be a Municipal Trial Court with one branch except as hereunder provided: Two branches for Laoag City; Four branches for Baguio City; Three branches for Dagupan City; Five branches for Olongapo City; Three branches for Cabanatuan City; Two branches for San Jose City; Three branches for Angeles City; Two branches for Cavite City; Two branches for Batangas City; Two branches for Lucena City; Three branches for Naga City; Two branches for Iriga City; Three branches for Legaspi City; Two branches for Roxas City; Four branches for Iloilo City; Seven branches for Bacolod City; Two branches for Dumaguete City; Two branches for Tacloban City; Eight branches for Cebu City; Three branches for Mandaue City; Two branches for Tagbilaran City; Two branches for Surigao City; Two branches for Butuan City; Five branches for Cagayan de Oro City; Seven branches for Davao City; Three branches for General Santos City; Two branches for Oroquieta City; Three branches for Ozamis City; Two branches for Dipolog City; Four branches for Zamboanga City; Two branches for Pagadian City; and Two branches for Iligan City.

Municipal Trial Courts.

Section 30

SEC. 30. Municipal Trial Courts.—In each of the municipalities that are not comprised within a metropolitan area and a municipal circuit there shall be a Municipal Trial Court which shall have one branch, except as here-under provided: Two branches for San Fernando, La Union; Four branches for Tuguegarao; Three branches for Lallo, and two branches for Aparri, both of Cagayan; Two branches for Santiago, Isabela; Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan Province; Four branches for San Fernando and two branches for Guagua, both of Pampanga; Two branches for Tarlac, Tarlac; Two branches for San Pedro, Laguna; and Two branches each for Antipolo and Binangonan, both in Rizal.

Municipal Circuit Trial Courts.

Section 31

SEC. 31. Municipal Circuit Trial Courts.—There shall be a Municipal Circuit Trial Court in each area denned as a municipal circuit, comprising one or more cities and/ or one or more municipalities. The municipalities comprising municipal circuits as organized under Administrative Order No. 33, issued on June 13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537, are hereby constituted as municipal circuits for purposes of the establishment of the Municipal Circuit Trial Courts, and the appointments thereto of Municipal Circuit Trial Judges: Provided, however, That the Supreme Court may, as the interests of justice may require, further reorganize the said courts taking into account workload, geographical location, and such other factors as will contribute to a rational allocation thereof, pursuant to the provisions of Presidential Decree No. 537 which shall be applicable insofar as they are not inconsistent with this Act. Every Municipal Circuit Trial Judge shall be appointed to a municipal circuit which shall be his official station. The Supreme Court shall determine the city or municipality where the Municipal Circuit Trial Court shall hold sessions.

Section 32

SEC. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in 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: Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and Exclusive original jurisdiction over all offenses punishable with imprisonment of not exceeding four years and two months, or a fine of not more than four thousand pesos, or both such fine and imprisonment, 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 where the imposable fine does not exceed twenty thousand pesos.

Section 33

SEC. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in civil cases.—Metropolitan Trial Courts, Municipal Trial Courts, and 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 twenty thousand pesos exclusive of interest and costs but inclusive of damages of whatever kind, 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; and 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.

Delegated jurisdiction in cadastral and land registration cases.

Section 34

SEC. 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 value of which does not exceed twenty thousand pesos, 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.

Special jurisdiction in certain cases.

Section 35

SEC. 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.

Summary procedures in special cases.

Section 36

SEC. 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.

Preliminary investigation.

Section 37

SEC. 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.

Judgments and processes.

Section 38

SEC. 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.