Where and how will you appeal the following:
(1) An order of execution issued by the RTC. (1%)
(2) Judgment of RTC denying a petition for Writ of Amparo. (1%)
(3) Judgment of MTC on a land registration case based on its delegated jurisdiction. (1%)
(4) A decision of the Court of Tax Appeal’s First Division. (1%)
A files a Complaint against 8 for recovery of title and possession of land situated in Makati with the RTC of Pasig. B files a Motion to Dismiss for improper venue. The RTC Pasig Judge denies B’s Motion to Dismiss, which obviously was incorrect. Alleging that the RTC Judge “unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office”, 8 files a Petition for Mandamus against the judge. Will Mandamus lie? Reasons. (3%)
What are the jurisdictional facts that must be alleged in a petition for probate of a will? How do you bring before the court these jurisdictional facts? (3%)
Suggested answer only. Not an official answer and not legal advice.
(1) Rule 65 to CA; (2) Rule 45 to SC; (3) Rule 41 to CA; (4) Review to CTA En Banc. Mandamus will not lie. Probate requires alleging death, residence/estate, and value via published notice. Under procedural rules, execution orders and venue motion
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Quick check
How is a judgment of a Municipal Trial Court in a land registration case under its delegated jurisdiction appealed?
MTC judgments rendered pursuant to delegated jurisdiction in land registration cases are appealable directly to the Court of Appeals under Rule 41.
What is the proper judicial remedy to appeal an RTC judgment denying a petition for Writ of Amparo?
Under the Rule on the Writ of Amparo, an adverse final judgment of the RTC is appealable to the Supreme Court via Rule 45.
Why will a petition for mandamus NOT lie to challenge a judge's erroneous denial of a motion to dismiss?
Mandamus compels only ministerial duties, whereas ruling on a motion to dismiss involves judicial discretion correctable by certiorari under Rule 65.
What is the proper procedure to appeal a decision rendered by the First Division of the Court of Tax Appeals?
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How are jurisdictional facts brought before the court in a petition for probate of a will?
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Learn more about these topics
1. Appellate Remedies
Under Philippine procedural rules, judicial decisions must be appealed through specific statutory channels. An order of execution issued by the Regional Trial Court is interlocutory and reviewable via certiorari under Rule 65. Judgments denying a Writ of Amparo are appealable directly to the Supreme Court under Rule 45 on questions of law and fact. MTC judgments in land registration cases under delegated jurisdiction appeal to the Court of Appeals under Rule 41. Finally, decisions of a Court of Tax Appeals Division must be appealed to the CTA En Banc.
2. Mandamus Restrictions
Mandamus is an extraordinary writ issued to compel the performance of a purely ministerial duty enjoined by law. It does not lie to control or review discretionary judicial rulings, such as the denial of a motion to dismiss based on improper venue. Ruling on a motion to dismiss involves the exercise of judicial discretion rather than a ministerial duty. Where a judge erroneously denies a motion to dismiss, the proper remedy is a petition for certiorari under Rule 65 alleging grave abuse of discretion, rather than a petition for mandamus.
3. Probate Jurisdictional Facts
In a petition for probate of a will, the jurisdictional facts that must be alleged in the verified petition are the death of the testator, his residence at the time of death or the location of his estate if a non-resident, and the gross value of the estate. These jurisdictional facts are brought before the court by filing the verified petition containing these allegations and by publishing the order fixing the time and place for proving the will in a newspaper of general circulation, alongside serving notice to known heirs and legatees.