Mtc Prac Court Written Report

7/25/2019 Mtc Prac Court Written Report

1/6

San Beda College Alabang School of Law

A Written Report on Metropolitan Trial Courtsin Practice Court 1

Submitted to The Honourable Judge Nerina Casandra N. Anastacio-Mendinueto

The Metropolitan Trial Court Defined.

The Batas Pambansa Blg. 129 knon as !The "udiciar# Reorgani$ation Act o% 19&'()

reorgani$ed the Court o% Appeals) the Court o% *irst +nstance) the Circuit Criminal Courts) the

"u,enile and -omestic Relations Courts) the Courts o% Agrarian Relations) the Cit# Courts) the

unicipal Courts) and the unicipal Circuit Courts.

Stated under Chapter 3 of the law provides that

! ! ! Section "#.Establishment of Metropolitan Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts./ There shall be created a etropolitan Trial Court in each

metropolitan area established b# la) a unicipal Trial Court in each o% the other cities or

municipalities) and a unicipal Circuit Trial Court in each circuit comprising such cities and0or

municipalities as are grouped together pursuant to la.

Section "$.Metropolitan Trial Courts of the National Capital Region./ There shall be a

etropolitan Trial Court in the ational Capital Region) to be knon as the etropolitan Trial

Court o% etro anila) hich shall be composed o% eight#to 3&24 branches. There shall be5

Section "%.ther Metropolitan Trial Courts./ The Supreme Court shall constitute etropolitan

Trial Courts in such other metropolitan areas as ma# be established b# la hose territorial

6urisdiction shall be coe7tensi,e ith the cities and municipalities comprising the metropolitan

area. ! ! !

&ualifications of a 'udge in the Metropolitan Trial Court

A 6udge is a public o%%icer) appointed to preside and to administerthe la in a court o% 6ustice8

the chie% member o% a court) and charged ith the control o%proceedingsand the decision o%uestions o% la or discretion. BP 129 pro,ided %or the uali%ications o% a 6udge to sit in the

TC hich are the %olloing5

! ! ! Section "(.!ualifications./ o person shall be appointed 6udge o% a etropolitan Trial

Court) unicipal Trial Court) or unicipal Circuit Trial Court unless he is a naturalborn citi$en

o% the Philippines) at least :' #ears o% age) and) %or at least %i,e #ears) has been engaged in the
http://thelawdictionary.org/administer/http://thelawdictionary.org/proceedings/http://thelawdictionary.org/proceedings/http://thelawdictionary.org/administer/


2/6

practice o% la in the Philippines) or has held a public o%%ice in the Philippines reuiring

admission to the practice o% la as an indispensable reuisite.

;,er# etropolitan Trial "udge shall be appointed to a metropolitan area hich shall be his

permanent station and his appointment shall state branch o% the court and the seat thereo% to

hich he shall be originall# assigned. A etropolitan Trial "udge ma# be assigned b# the

Supreme Court to an# branch ithin said metropolitan area as the interest o% 6ustice ma# reuire)

and such assignment shall not be deemed an assignment to another station ithin the meaning o%

this section. ! ! !

The 'urisdiction of the Metropolitan Trial Court

C"#"$ CA%E%

). The grant o% pro,isional remedies in proper cases) and all probate proceedings) here the

,alue o% personal propert#) estate or amount o% demand does not e7ceed Php 2'')'''

e7clusi,e o% interest) damages) litigation and other e7penses 3in etro anila) the

amount should be Php


3/6

9. a# be assigned b# the Supreme Court to hear cadastral or land registration cases here

there is no contro,ers# or opposition o,er the land or in case o% contested lands) the ,alue

does not e7ceed Php 1'')'''.

CR"M"NA$CAS;S

). All o%%enses punishable b# imprisonment not e7ceeding si7 #ears) regardless o% the %ine or

other imposable accessor# or other penalties including the ci,il liabilit#8

". Where the onl# penalt# is a %ine o% not more than Php


4/6

Cases ,eard Co-pared.

TC Branch &' does not combine criminal and ci,il cases in one court session. The branch

separates criminal %rom ci,il cases) the latter heard in the morning o% Tuesda# hile the %ormer

on onda# and Wednesda# in the a%ternoon. n the other hand) TC Branch &'A combines

criminal and ci,il cases in one session but arranged in manner that ci,il cases are %irst heardbe%ore the criminal cases. +n both) arraignment is conducted %irst be%ore other proceedings and

the last ould be crosse7amination because o% its timeconsuming nature.

A-bience in the MTC.

We ha,e noticed that courtrooms can onl# accommodate a %e because o% the si$e o% the room.

+n TC untinlupa) there is a bulk o% cases heard e,er# session hich range %rom = cases

per session. We can in%er it to the 6urisdiction o% the TC o,er light %elonies hich are usuall#

and %reuentl# committed b# ,iolators o% the la and as ell as common crimes in,ol,ing

simple the%t to robber#) %alsi%ication) damage to propert#) ,iolation o% BP 22) and alarms and

scandals.

Schedule of Cases in the Court Calendars.

-uring our court attendance) the %olloing cases o% Reckless +mprudence Resulting in Serious

Ph#sical +n6uries) Reckless +mprudence Resulting in -amage to Propert#) Reckless +mprudence

Resulting in ess Serious Ph#sical +n6uries) *alsi%ication o% Pri,ate -ocuments) Diolation o% BP

22) The%t) ;sta%a) Acts o% asci,iousness) Era,e Threats) and Alarms and Scandals. ost o%

these cases are sub6ect to ediation and "udicial -ispute Resolution be%ore the# go to trial o% the

cases hich 6udges o% the other branch or a 6udge in the RTC is the mediator beteen the parties.

+n case there is no compromise agreement that can be had) the parties can no continue to

proceed ith trial.

Counsels During the ,earing.

+t is onl# in a criminal case that the presence o% the public prosecutor is reuired. Pri,ate

prosecutors) in order to be authori$ed to represent client in a case) must secure an oral or ritten

authori$ation %rom the public prosecutor agreeing that the %ormer ma# proceed in the litigation o%

The Rules o% Court pro,ides under Rule 11' pro,ides that all criminal actions either commenced

MTC Practice Court 1 Perez, Francisco & Sapitula


5/6

b# complaint or b# in%ormation shall be prosecuted under the direction and control o% a public

prosecutor. +n case o% hea,# ork schedule o% the public prosecutor or in the e,ent o% lack o%

public prosecutors) the pri,ate prosecutor ma# be authori$ed in riting b# the Chie% o% the

Prosecution %%ice or the Regional State Prosecutor to prosecute the case sub6ect to the appro,al

o% the court. nce so authori$ed to prosecute the criminal action) the pri,ate prosecutor shall

continue to prosecute the case up to end o% the trial e,en in the absence o% a public prosecutor)

unless the authorit# is re,oked or otherise ithdran.

The Public Attorne#s %%ice) knon and abbre,iated as FPA() pro,ides la#ers to indigent

parties in case the# ill not opt to get their on attorne#. The court shall pro,ide them ith their

counsel and this is the PA la#er assigned to that particular branch.

Gnder R.A. 9


6/6

As la students) actual court proceedings are ,er# help%ul in understanding more the theoretical

concepts e ha,e learned in school and at the same time gi,es us an idea on hat e ill be

e7periencing in practice. Rel#ing on our sub6ects like Practice Court) egal *orms) Trial

Techniues or ;,idence) e are able to gauge oursel,es on ho the legal pro%ession is like and

ho important it is to kno the las b# heart. We should atch as man# courtroom hearings as

e can so that i% e pursue litigation) e ha,e an edge and e are alread# %amiliar to ho

6udicial proceedings are conducted.

This Report is %ubmitted &'(

0aniros '. ere1

Mar2 el 4rancisco

0alph Sapitula

MTC Practice Court 1 Perez, Francisco & Sapitula

Documents

Mtc Prac Court Written Report