2. Where Filed

Where Filed

The petition shall be filed with the RTC of the province where the corresponding civil registry is located. (R108, S1)

Where to File

It shall be filed in such court and in the same case from which the petition arose. (Redena v. CA, G.R. No. 146611, 2007)

Rule for Manila and other Chartered Cities

The complaint shall be filed with the Office of the Prosecutor unless otherwise provided in their charters (Rule 110, Sec. 1).

For offenses where preliminary investigation is not required, for criminal offenses in Metro Manila or chartered cities, the complaint must be filed with the Office of the Prosecutor. In contrast, for criminal offenses outside Metro Manila, the complaint/information must be filed with the provincial prosecutor or directly with the Municipal Trial Courts.

Where filed

• Regional Trial Court - of the place where petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored at the option of the petitioner; or
• Supreme Court; or
• Court of Appeals; or
• Sandiganbayan – when the action concerns public data files of government offices (Sec. 3, A.M. No. 08-1-16-SC)

When issued by the regional trial court, the writ shall be returnable to such court or judge.

When issued by the Sandiganbayan or the Court of Appeals, the writ shall be returnable such court or justice, or to the Regional Trial Court of the place where petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored.

When issued by the Supreme Court, the writ shall be returnable before such court or judge, the Court of Appeals, the Sandiganbayan, or the Regional Trial Court of the place where petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored

The writ shall be enforceable anywhere in the Philippines. (Sec. 4, A.M. No. 08-1-16-SC)

No docket fees shall be paid by the indigent petitioner. (Sec. 5, A.M. No. 08-1-16-SC)

Types of stipulations on venue

• Restrictive: suit may be filed only in the place agreed upon
• Permissive: parties may file their suit not only in the place agreed upon but also in the places fixed by the rules [Briones v. CA and Cash Asia, G.R. No. 204444 (2015)]

Exceptions

WHERE TO APPEAL

Regional Trial Court – in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court

Court of Appeals or the Supreme Court in the proper cases provided by law - in cases decided by the Regional Trial Court

Supreme Court - in cases decided by the Court of Appeals, CTA En Banc, and the Sandiganbayan.

Where Charge is to be Filed

Where the charge for indirect contempt has been committed against a Regional Trial Court or a court of equivalent or higher rank, or against an officer appointed by it, the charge may be filed with such court.

Where such contempt has been committed against a lower court, the charge may be filed with the Regional Trial Court of the place in which the lower court is sitting; but

The proceedings may also be instituted in such lower court subject to appeal to the Regional Trial Court of such place in the same manner as provided in Section 11 of this Rule. (Sec. 5, Rule 71)

Where filed

• CA – over decisions of the RTC; or
• RTC – over decisions of the MTC

Note: Never SC over decisions of the CA

Where to file the petition

• The petition shall be filed with
• The Supreme Court or
• With any of the stations of the Court of Appeals (R7, S3)

NOTE: The petitioner is exempt from the payment of docket fees. (R7, S4)

Where to File Petition for Suspension By Reason of Prejudicial Question

Office of the Prosecutor or the court conducting the preliminary investigation (Rule 111, Sec. 6).

Where filed

The Family Court has exclusive original jurisdiction to hear petitions for custody of minors and the issuance of the writ of habeas corpus in relation to custody of minors. The petition for custody of minors shall be filed with the Family Court of the province or city where the petitioner resides or where the minor may be found.

Such petition shall be enforceable only within the judicial region to which the Family Court belongs. (Sec. 3, A.M. NO. 03-04-04-SC)

The petition may also be filed with the CA or the Supreme Court and such petition shall be enforceable anywhere within the Philippines. (Sec. 20, A.M. NO. 03-04-04-SC)

The Court is tasked with the duty of promulgating special rules or procedure for the disposition of family cases with the best interests of the minor as primary consideration, taking into account the United Nations Convention on the Rights of the Child. It should be clarified that the writ is issued by the Family Court only in relation to custody of minors. An ordinary petition for habeas corpus should be filed in the regular Court. The issue of child custody may be tackled by the Family Court without need of a separate petition for custody being filed. (Sec. 20, A.M. NO. 03-04-04-SC)

Where to File Petition

• If the petition relates to the acts or omissions of a lower court, corporation, board, or officer or person: RTC exercising jurisdiction over the territorial area as defined by the SC.
• If the petition relates to the acts or omissions of a quasi-judicial agency: Cognizable only by the CA;
• To the Sandiganbayan or the Court of Appeals, whether or not in aid of the court’s appellate jurisdiction. (Id.)

Note: R.A. 10660 provides that the Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

Bail, Where Filed

• May be filed with the court where the case is pending: (e.g., if a case for homicide is pending before Branch 1 of RTC Manila, the accused should post/file bail in Branch 1);
• In the absence or unavailability of the judge thereof, with the regional trial judge or any first court judge in the province, city or municipality;
• If the accused was arrested in a province, city or municipality other than where the case is pending, bail may be filed with the RTC of the said place or if no judge is available, with any first court judge therein;
• Where bail is a matter of discretion or the accused seeks to be released on recognizance, it may only be filed in the court where the case is pending, whether on trial or appeal;
• Any person not yet charged in court may apply for bail with any court in the province, city or municipality where he is held;
• If the accused was convicted and the nature of the offense changed from non-bailable to bailable, the application can be made with and resolved by the appellate court (Rule 114, Sec. 17).

Note: A judge presiding in one branch has no power to grant bail to an accused who is being tried in another branch presided by another judge who is not absent or unavailable, and his act of releasing him on bail constitutes ignorance of law which subjects him to disciplinary sanction.

WHERE TO FILE PETITION

See above discussion on When and Where to File Petition.