FEU Remedial Law Memory Aid 2006

MM EE MM OO RR YY AA II DD

CBO OVER-ALL CHAIRPERSON: Evangeline Co ASSISTANT CHAIRPERSON: Rose Lyn Rabanera

ACADEMICS COMMITTEE - HEADS: Reigel Prado, Omar Gabrieles

SECRETARIAT HEAD: Romino Arzadon FINANCE COMMITTEE HEAD: Kyan Sioco

LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod

REMEDIAL LAW COMMITTEE

HEADS: Joseph Stephen Apsay, Tareeq Radjaie

CO-HEAD: Roberto Santos

CIVIL PROCEDURE: Ronald dela Paz

CRIMINAL PROCEDURE: Christian May Godinez MEMBERS: Evangeline Co, Paolo Ramiro

SPECIAL PROCEEDINGS: Joana Bilongilot, Christy Dimabuyu

EVIDENCE: Loreto Dapon Jr.

MEMBERS: Francis Belandres, Regina Bernabe, Briccio Lista

SUBJECT ADVISERS:

Atty. Jos Aguila Grapilon Atty. Aeneas Eli Diaz

Atty. Wylie Paler

I n s t i t u t e o f L a w C E N T R A L B A R O P E R A T I O N S 2 0 0 6 U n i t e d P u r s u i t o f E x c e l l e n c e

CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS:

Reigel Prado, Omar Gabrieles; FINANCE HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod

M E M O R Y A I D I N R E M E D I A L L A W

R E M E D I A L L A W

ADVISERS: Atty. Jos Aguila Grapilon, Atty. Aeneas Eli Diaz, Atty. Wylie Paler REMEDIAL LAW HEADS: Joseph Stephen Apsay, Tareeq Radjaie; CO-HEAD: Roberto Santos

MEMBERS: Francis Belandres, Regina Bernabe, Joana Bilongilot, Evangeline Co, Loreto Dapon Jr.., Ronald dela Paz, Christy Dimabuyu, Christian May Godinez, Briccio Lista, Paolo Ramiro

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Preliminary Concepts

Jurisdiction the power and authority of the court to hear,

try and decide a case. The issue of jurisdiction is both vital and fatal; vital, because its presence is the source of power for the trial court to act on all matters complained of; fatal, because its absence renders all its actuations null and void. Jurisdiction cannot be fixed by the will of the parties; it cannot be acquired through, or waived, enlarged or diminished by, any act or omission of the parties. (Municipality of Sogod vs. Rosal, 201 SCRA 632) Note however, that aside from jurisdiction over the subject mater, a court must have jurisdiction over the case, the persons of the parties, the issues, and the res before it can try a particular case. But while jurisdiction over the subject matter is a matter of substantive law, the other kinds of jurisdiction are a matter of procedure. (Valdepeas vs. People, 16 SCRA 871; People vs. Mariano, 71 SCRA 600)

Jurisdiction Exercise of Jurisdiction

The authority to decide a case at all and not the decision rendered therein is what makes up jurisdiction

Where there is jurisdiction over the person and the subject matter, the decision of all other questions arising in the case is but an exercise of jurisdiction

Jurisdiction Procedure Deals with the power of the courts in the real and substantive sense

Deals with the means by which such powers are put into action or the means by which the power of the courts are made effective. (Manila Railroad Co. vs. Attorney General, 20 Phil. 523)

As a consequence of lack of

The effects of a mere procedural error, the

jurisdiction, the proceedings are null and void unconditionally

proceedings are void only when the error is shown to have caused harm. (Banco Filipino-Espaol vs. Palanca, 3 Phil. 921)

Error of

Jurisdiction Error of Judgment

Correctible only by certiorari

Reviewable only by appeal

A judgment rendered without jurisdiction is void

An erroneous judgment by a competent court is not a void judgment

Jurisdiction Over the Subject Matter vs. Jurisdiction Over a Particular Case 1. Jurisdiction over the subject matter is conferred by law and refers to the power of the court to try and hear cases belonging to the general class to which a particular proceeding belongs; jurisdiction over a particular case is invested by the act of the plaintiff and attaches upon the filing of the complaint or information. 2. The court may have jurisdiction over the subject matter, like naturalization, but it does not acquire jurisdiction over the case itself until its jurisdiction is invoked with the filing of the complaint or petition. Jurisdiction Over the Person the power obtained by the service of

summons or other process or notice in a defendant personally within the territorial limits of the jurisdiction or by voluntary appearance in person or by attorney, to render a personal judgment.

Jurisdiction Over the Subject of Litigation the power of a court over the thing before it,

without regard to the person who may be interested therein, and the presence of the res within the territorial dominion of the sovereign power under authority of which the courts act may confer such jurisdiction.

Jurisdiction over the issue, or person, or res may be acquired by the act or omission of parties. Nonetheless, the will or act of the parties cannot fix, enlarge or diminish these jurisdictional matters.








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Requisites of Judicial Due Process: 1. A court or tribunal clothed with judicial

power to hear and determine the matter before it;

2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding;

3. The defendant must be given an opportunity to be heard;

4. Judgment must be rendered upon lawful hearing

Requisites of Administrative Due Process: 1. An impartial tribunal constituted to

determine the right involved. 2. Due notice and opportunity to be heard be

given. 3. The procedure at the hearing be consistent

with the essentials of a fair trial. 4. The proceedings be conducted in such a way

that there will be opportunity for a court to determine whether the applicable rules of law and procedure were observed (Mabuhay Textile Mills Corporation vs. Ongpin, GRN L-67784 February 28, 1986)

Judicial Power the right to determine controversies arising between adverse litigants duly instituted in courts of proper jurisdiction. Two Judicial Review Powers 1. Ordinary power to settle actual

controversies involving rights which are legally demandable and enforceable.

2. Extraordinary power or certiorari

power to decide issues involving grave abuse of discretion on the part of any branch or instrumentality of government, including the legislative and executive departments.

Grave Abuse of Discretion capricious and whimsical exercise of

judgment by reason of passion or personal hostility, so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined, or to act at all in contemplation of law

includes any action done contrary to the Constitution, the law or jurisprudence regardless of the reasons therefor

The Theory of Political Question refers to those questions which: 1. Under the Constitution, are to be decided by

the people in their sovereign capacity, e.g., the wisdom of electing movie stars, media practitioners and sports personalities; or

2. In regard to which full discretionary authority has been delegated to the legislative or executive branch of government; concerned with issues dependent upon the wisdom, not legality, of a particular measure, e.g., the wisdom of enacting more tax laws, or of pardoning certain convicts.

Jurisdiction over Political Questions Rule: When a litigation raises matters

challenging the exclusive political prerogatives of a co-equal branch of government, the judiciary should immediately and simply dismiss the petition on the ground of lack of jurisdiction.

Exception: When a petition sufficiently alleges

prima facie infringements of the Constitution or the law or jurisprudence or there is a grave abuse of discretion, the Court acquires jurisdiction over the subject matter.

Doctrine of Primary Jurisdiction Rule: If a case is such that its determination

requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of fact are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court.

Exceptions: 1. Where the findings are not supported by

evidence. 2. Where the findings are vitiated by fraud,

imposition, or collusion. 3. Where the procedure which lead to the

factual findings are irregular. 4. When palpable errors are committed. 5. When grave abuse of discretion, arbitrariness

or capriciousness is manifested.








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The Doctrine of Non-interference in Associations Rule: The Courts will not interfere with the

internal affairs of an unincorporated association so as to settle disputes between the members on question of policy, discipline, or internal government, so long as the government of the society is fairly and honestly administered in conformity with laws and the law of the land no property or civil rights are invaded.

Exceptions: 1. Where law and justice so require, and the

proceeding of the association are subject to judicial review, where there is fraud, oppression, or bad faith, or where the action complained of is capricious, arbitrary or unjustly discriminating. (Fortunato vs. Palma, GRN 70203, Dec. 18, 1987, 156 SCRA 691)

2. If it is shown that the Church authorities have acted outside the scope of their authorities or in a manner contrary to their organic law and rules and the Courts interference is necessary for the protection of Civil and Property rights. (Negros District Conference, Inc. vs. CA, 108 Scra 458, 1981)

3. Where the proceedings in question are violative of the laws of society, or the law of the land, as by depriving a person of due process of law.

4. Where there is lack of jurisdiction on the part of the tribunal conducting the proceedings, where the organization exceeds its powers, or where the proceedings are otherwise illegal. (Lions Club International vs. Amores, 121 SCRA 621, 1983)

Doctrine of Judicial Stability Rule: No court has authority to interfere by injunction with the judgment of another court of coordinate jurisdiction (Cojuangco vs. Villegas, 184 SCRA 374); that the judgment of a court of competent jurisdiction may not be opened, modified or vacated by any court of concurrent jurisdiction. Exceptions: 1. Where a third party claimant is involved.

(Traders Royal Bank vs. IAC, 133 SCRA

259, 1984; Santos vs. Bayhon, GRN 88643, July 23, 1991, 199 SCRA 525)

2. When the Sheriff, acting beyond the bounds of his office seizes a stranger's property. (Uy, Jr. vs. CA, GRN 83897, Nov. 9, 1990)

Jurisdiction Cannot be Waived Rule: The issue of jurisdiction is not lost by

waiver or by estoppel. The jurisdiction of court is a matter of law and may not be conferred by consent or agreement of the parties. The lack of jurisdiction of a court may be raised at any stage of the proceeding even on appeal. (Calimlim vs. Ramirez, 118 SCRA 399, 1982)

Exceptions: 1. Estoppel by Laches to Question

Jurisdiction A party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. (Tijam vs. Sibonghanoy, 23 SCRA 29, 1968) However, in subsequent cases, the Supreme Court observed that the ruling in Tijam vs. Sibonghanoy that a party is estopped from questioning the jurisdiction applies only to exceptional circumstances and reiterated the doctrine that jurisdiction over the subject matter of the action is a matter of law and may not be conferred by consent or agreement of the parties. The lack of jurisdiction may be raised at any stage of the proceedings, even on appeal. (Calimlim vs. Ramirez, 118 SCRA 399) 2. Active Participation in Trial even if

Jurisdiction is Challenged The La Naval Doctrines on Jurisdiction 1. Jurisdiction over the person must be

seasonably raised, that is, pleaded in a motion to dismiss or by way of an affirmative defense in an answer. Voluntary appearance shall be deemed a waiver of this defense. The assertion, however, of affirmative defenses shall not be construed as an estoppel or as a waiver of such defense.








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2. Where the court itself clearly has no jurisdiction over the subject matter or the nature of the action, the invocation of this defense may be done at any time. It is neither for the courts nor the parties to violate or disregard that rule, let alone to confer that jurisdiction, this matter being legislative in character. (La Naval vs. CA, 236 SCRA 78)

When is Jurisdiction Determined? Jurisdiction is determined by the law at the time of the filing of the complaint. The jurisdiction of a court to try a criminal action is determined by the law in force at the time of instituting the action and not at the time of the commission of the crime. Ordinarily, the subsequent happening of events will not operate to wrest jurisdiction. Doctrine of Adherence of Jurisdiction Rule: Jurisdiction, once it attaches cannot be

ousted by the happening of subsequent events although of such a character which should have prevented jurisdiction from attaching in the first instance.

Exceptions: 1. Where a subsequent statute expressly

prohibits the continued exercise of jurisdiction.

2. Where the law penalizing an act which is punishable is repealed by a subsequent law.

3. When accused is deprived of his constitutional right such as where the court fails to provide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right.

4. Where the statute expressly provides, or is construed to the effect that it is intended to operate as to actions pending before its enactment.

5. When the proceedings in the Court acquiring jurisdiction is terminated, abandoned or declared void.

6. Once appeal has been perfected. 7. When the statute is curative. 8. When the case is consolidated with other

cases pending in another court.

Requisites to Question Constitutionality of a Law 1. There must be an actual controversy.

2. The question of constitutionality must be raised by the proper party.

3. The question must be raised at the earliest opportunity.

4. The determination of the constitutionality of the statute must be necessary to a final determination of the case.

CLASSIFICATIONS OF ORDINARY CIVIL ACTIONS

I. As to nature, cause or foundation

A. Real action one founded on privity of real estate and

seeks to recover a specific real property or its possession

one affecting title to real property for the recovery of possession, or of an interest therein

B. Personal action one founded on privity of contract or the

recovery of personal property or damages

one that is brought for the recovery of personal property, for the enforcement of some contract or for the recovery of damages, or the recovery of damages for the commission of an injury to the person or property

II. As to place

A. Transitory an action founded on the privity of

contract between the parties. Example: The enforcement of debt or

covenant must be brought in the place where the party resides.

B. Local an action founded on privity of estate

only and there is no privity of contract and it must be brought in a particular place.

III. As to object or against which the action is directed

A. In Personam a proceeding to enforce personal rights

and obligations brought against the








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person and based on jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it

jurisdiction is acquired through personal notices to the parties in interest

B. In Rem the object is to bar indefinitely all who

might be minded to make an objection of any sort against the right sought to be established

jurisdiction is acquired through publication of notice

C. Quasi In Rem

a proceeding which is not strictly and purely in rem but is brought against a defendant personally although the real object is to deal with a particular property or subject it to the discharge of claim asserted therein

jurisdiction over the person of the defendant is not necessary; service of summons is required only for the purpose of complying with due process.

In Personam In Rem Quasi In Rem

action against a person on the basis of his personal liability

action against the thing or property itself

action to subject a partys interest to the obligation or lien burdening the property

Jurisdiction is over the person

Jurisdiction is over the res through service of summons by publication or posting of notices

Jurisdiction over the party is not necessary; it is enough that due process is observed.

Summons is served either personally or by substituted service

It is sufficient that summons is served by publication and/or posting of notices

Summons is served extraterritorially if defendant is an absent non-resident; in case of an absent resident, same as above, or by substituted service

Judgment is conclusive between the parties

Judgment is conclusive against the whole world

Judgment is conclusive between the parties

An individual is named as defendant

There is no named defendant

An individual is named as defendant

TRIBAL COURTS (R.A. 8371) This law provides for the creation of the National Commission for Indigenous Peoples (NCIP) which has jurisdiction over disputes involving members of cultural communities whose decision is appeallable to the Court of Appeals. Under this law, the NCIP through its regional offices, shall have jurisdiction over all claims and disputes involving ICCs/IPs: Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws to settle the dispute as certified by the Council of Elders/Leaders who

participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.

THE KATARUNGANG PAMBARANGAY LAW

This law provides for the amicable settlement of disputes at the barangay level as a compulsory alternative to the formal adjudication of disputes. Parties: only individuals shall be parties either

as complainants or respondents. Juridical persons cannot be parties.








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Venue of Disputes: 1. Parties residing in the same barangay

in said barangay 2. Parties residing in different

barangays in the same city or municipality in the barangay where the respondent resides, or in the barangay of where any of the respondents resides, at the choice of the complainant

3. Where real property is involved in the barangay where real property or larger portion thereof is situated

4. Where parties are employed in the same workplace or enrolled for study in the same institution in the barangay where such workplace or institution is located

Condition Precedent All disputes may be the subject of proceedings for amicable settlement and prior recourse to barangay conciliation is a condition precedent before filing a complaint in court or government offices. Exceptions: Cases where

1. One party is the government 2. One party is a public officer or employee

in relation to his official functions 3. Where real property is located in

different cities and municipalities, UNLESS the parties agree to submit dispute to appropriate Lupon

4. Complaint by or against juridical persons.

5. Parties residing in barangays of different cities or municipalities, EXCEPT where barangays adjoin each other and they submit amicable settlement by a Lupon

6. Offenses for which the maximum penalty imposable is imprisonment exceeding one (1) year or a fine exceeding P5,000

7. Offenses where there is no private offended party

8. Where urgent legal action is necessary to prevent injustice such as:

a. Where accused is under police investigation or detention

b. Petitions for habeas corpus c. Actions with provisional

remedies

d. Actions barred by Statute of Limitations

9. Disputes which the President may determine

10. Comprehensive Agrarian Reform Law cases

11. Involving status of a person 12. Labor disputes 13. Actions to annul judgment upon a

compromise Personal Appearance The parties must appear in person without the assistance of counsel or the intervention of anyone. Minors and incompetents may be assisted by their next of kin who is not a lawyer. Issuance of Summons The Pangkat ng Tagapagkasundo may issue summons for the personal appearance of parties and witnesses before it. Effect When Parties Fail to Appear 1. As to Complainant the complaint may be dismissed and shall bar the complainant from seeking judicial recourse. 2. As to Respondent any counterclaim he has made may be dismissed and shall bar him from filing such counterclaim in court or any government office for adjudication; it shall be the basis for the issuance of a certification for filing complainants case in court or government agencies or office. Suspension of Prescriptive Period The prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon the filing of the complaint with the Punong Barangay, provided that such interruption shall NOT exceed sixty (60) days from the filing of the complaint with the Punong Barangay. Proceedings in the KP Law 1. Mediation 2. Arbitration 3. Conciliation Effect of Amicable Settlement The amicable settlement and arbitration award shall have the force and effect of a final








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judgment of court upon the expiration of ten (10) days from the date thereof, UNLESS repudiated or sought to be nullified before the city or municipal court. Remedies Against an Amicable Settlement 1. Repudiation 2. Annulment Note: In case the court referred the case to the Katarungang Pambarangay Law, any agreement made or arrived at in the barangay should be brought back to the court.

The conciliation procedure required under the Katarungang Pambarangay Law is NOT A JURISDICTIONAL REQUIREMENT in the sense that failure to have prior recourse to it does not deprive the court of its jurisdiction, either over the subject matter or over the person of the defendant. Non-compliance with the condition precedent under said law does not prevent a court of competent jurisdiction from exercising its power of adjudication over a case where defendants FAIL to object to such exercise of jurisdiction. BUT such objection should be seasonably made before the court first taking cognizance of the complaint, and must be raised in the Answer or in such other pleading allowed under the Rules of Court. (Junson vs. Martinez, GRN 141324, July 8, 2003, 405 SCRA 390)

Principal Functions of the Supreme Court 1. Power of Adjudication (Judicial Power) 2. Administrative Power (Disciplinary Power) 3. Rule Making Power Scope of Rule Making Power of the SC 1. Protection and enforcement of constitutional

rights 2. Pleading, practice and procedure in all courts 3. Admission to the practice of law, the IBP 4. Legal assistance to the underprivileged The 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules concerning pleading, practice and procedure. (Echegaray vs. Secretary of Justice, GRN 132601, Jan. 19, 1999)

Principle of Judicial Hierarchy By hierarchy of courts is meant that while the Supreme Court, the Court of Appeals and the Regional Trial Courts have concurrent jurisdiction to issue original writs of certiorari, prohibition, mandamus, quo warranto and habeas corpus, such concurrence does not accord litigants unrestrained freedom of choice of the court to which application therefore may be directed. The application should be filed with the court of lower level unless the importance of the issue involved deserves the action of the court of higher level. Exception: On several instances where the Supreme Court was confronted with cases of national interest and of serious implications, it never hesitated to set aside the rule and proceed with the determination of the case. (COMELEC vs. Quijano-Padilla, 389 SCRA 353)

OUTLINE OF JURISDICTION

I. SUPREME COURT A. Original 1. Exclusive Petitions for the issuance of writs of certiorari, prohibition and mandamus against the following:

1.1. Court of Appeals 1.2. Commission on Elections 1.3. Commission o Audit 1.4. Sandiganbayan 1.5. Court of Tax Appeals

2. Concurrent

2.1. with Court of Appeals Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

2.1.1. Civil Service Commission 2.1.2. Central Board of Assessment

Appeals 2.1.3. Quasi-Judicial Agencies 2.1.4. Regional Trial Courts and lower

courts 2.2. with Court of Appeals and RTC








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2.2.1. Petitions for habeas corpus and quo warranto 2.2.2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies 2.3. with Regional Trial Courts

Actions affecting ambassadors and

other public ministers and consuls

B. Appellate 1. Notice of Appeal Where the RTC imposed the penalty of death, reclusion perpetua or life imprisonment, the case shall be automatically brought to the Court of Appeals for intermediate review before such cases are elevated to the Supreme Court. (A.M. No. 04-9-05-SC, Sept. 14, 2004, People vs. Mateo, G.R. Nos. 147678-87, July 7, 2004) 2. Petition for Review on Certiorari 2.1. Appeals from the Court of Appeals 2.2. Appeals from the Sandiganbayan on pure question of law, except cases where the penalty imposed is reclusion perpetua, life imprisonment or death 2.3. Appeals from the Court of Tax Appeals En Banc 2.4. Appeals from Regional Trial Courts exercising original jurisdiction in the following cases: 2.4.1. If no question of fact is involved and the case involves: a. Constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation b. Legality of tax, impost, assessments or toll, or penalty in relation thereto c. Jurisdiction of lower court 2.4.2. All cases in which only errors or questions of law are involved. 3. Special Civil Action on Certiorari filed within 30 days against the following: 3.1. Commissions on Elections 3.2. Commission on Audit

II. COURT OF APPEALS A. Original 1. Exclusive Actions for annulment of judgments of Regional Trial Courts 2. Concurrent 2.1. with Supreme Court Refer to Sec.2.1 above under I.A. supra 2.2. with Supreme Court and RTCs Refer to Sec.2.2. above under I.A. supra B. Appellate 1. Notice of Appeal or Record on Appeal 1.1. Appeals from RTCs, except those appeallable to the Supreme Court (see I.B.1 (1.2.) 1.2. Appeals from RTCs on constitutional, tax, jurisdictional questions involving questions of fact which should be appealed first to the Court of Appeals. 1.3. Appeals from decisions and final orders of the Family Courts 2. Petition for Review 2.1. Appeals from the Civil Service Commission 2.2. Appeals from RTCs in cases appealed from MeTCs, MTCs, MCTCs, MTCCs which are not a matter of right 2.3. Appeals from quasi-judicial agencies 2.4. Appeals from the National Commission on Indigenous Peoples 2.5. Appeals from the Office of the Ombudsman in administrative disciplinary cases 2.6. Appeals from the RTC in cases falling under the Interim Rules of Corporate Rehabilitation and the Interim Rules of Procedure Governing Intra-Corporate Controversies under Republic Act No. 8799 III. SANDIGANBAYAN A. Original 1. Exclusive 1.1. Violation of R.A. 3019 (Anti-Graft), R.A. 1379 and Chapter II, Sec. 2, Title VII of the Revised Penal Code; and other offenses








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committed by public officials and employees in relation to their office, and private individuals charged as co-principals, accomplices and accessories including those employed in GOCCs, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: a. Officials of the Executive branch

classified as Grade 27 or higher b. Members of Congress and officials

thereof classified as Grade 27 and higher

c. Members of Judiciary d. Members of Constitutional

Commissions e. All other national and local officials

whose positions are classified as Grade 27 or higher

In cases where none of the accused are occupying the above positions, the original jurisdiction shall be vested in the proper RTC or MeTC, MTC, etc., as the case may be, pursuant to their respective jurisdictions. In cases where there is no specific allegation of facts showing that the offense committed in relation to the public office of the accused, the original jurisdiction shall also be vested in the proper regional trial court or MeTC, MTC, etc., as the case may be. 1.2. Civil and criminal cases filed pursuant with Executive Order Nos. 1, 2, 14 and 14-A (PCGG cases). 2. Concurrent with Supreme Court Petitions for certiorari, prohibition, mandamus, habeas corpus, injunction and other ancillary writs in aid of its appellate jurisdiction including quo warranto arising in cases falling under E.O.s 1, 2, 14, 14-A. B. Appellate Decisions and final orders of RTCs in the exercise of their original or appellate jurisdiction in the manner provided by Rule 122 of the Rules of Court. Note! In case of a corporation sequestered by the PCGG, jurisdiction with regard to the

election of board of directors appointed by the PCGG is with the Sandiganbayan. IV. COURT OF TAX APPEALS A. Original 1. Exclusive 1.1. Criminal offenses in violations of the NIRC, Customs Code and other laws administered by the BIR or BOC where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is One Million Pesos (P1M) and above. 1.2. Tax collection cases involving final and executory assessments for taxes, charges and penalties where principal amount of taxes and fees, exclusive of charges and penalties, claimed is One Million Pesos (P1M) and above. Note! When the principal amount claimed is less than One Million Pesos (P1M), the case shall be tried by the RTC or MTC based on the jurisdictional amount. B. Appellate 1. Notice of Appeal In tax collection cases, judgments, resolutions or orders of the Regional Trial Court originally decided by them. 2. Petition for Review 2.1. Civil 2.1.1. Decisions or inaction of the Commissioner of Internal Revenue 2.1.2. Decisions of the Commissioner of Customs 2.1.3. Decisions of the Secretary of Finance on customs cases elevated to him automatically from decisions of the Commissioner of Customs 2.1.4. Decisions of the Secretary of Trade and Industry regarding duties upon non-agricultural products 2.1.5. Decisions of the Secretary of Agriculture regarding duties upon agricultural products 2.1.6. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction 2.1.7. In tax collection cases, judgments, resolutions or orders of the Regional Trial Courts in the exercise of their








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appellate jurisdiction originally decided by the MTC, etc. 1.2. Criminal 1.2.1. Violations of the NIRC, Tariff and Customs Code and other laws administered by the BIR and BOC originally decided by the regular courts where the principal amount of taxes and fees is less than One Million Pesos (P1M) or NO specified amount claimed. Note: The cases enumerated above should be raffled to the CTA Divisions. A party adversely affected may file a petition for review with the CTA En Banc whose decision or resolution may be appealed to the Supreme Court under Rule 45. V. REGIONAL TRIAL COURTS A. Original 1. Civil 1.1. Exclusive 1.1.1. Subject of action not capable of pecuniary estimation 1.1.2. Actions involving title or possession of real property or interest therein where the assessed value exceeds P20,000 or in Metro Manila, P50,000 1.1.3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds P300,000, or in Metro Manila, P400,000 1.1.4. Matters of probate, testate or intestate, where gross value of estate exceeds P300,000, or in Metro Manila, P400,000 1.1.5. In all actions involving marriage and marital relations (now under the jurisdiction of the family Courts) 1.1.6. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial function 1.1.7. Actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Courts (now the Family Courts) and the Court of Agrarian Relations 1.1.8. Other cases where demand, exclusive of interest, damages, attorneys fees, litigation expenses and costs, or value of property in controversy exceeds P300,000, or in Metro Manila, P400,000. However, if the claim for damages is the main cause of action,

the amount thereof shall be considered in determining the jurisdiction of the court. 1.1.9. Additional original jurisdiction transferred under Sec. 5.2. of the Securities Regulations Code: a. Devices or schemes employed by, or any act of, the board of directors, business associates, its officers or partners, amounting to fraud and misrepresentation b. Controversies arising out of intra-corporate, partnership or association relations c. Controversies in the election or appointment of directors, trustees, officers or managers of corporations, partnerships or associations d. Derivative suits e. Inspection of corporate books 1.1.10. Tax collection cases NOT falling under the exclusive original jurisdiction of the Court of Tax Appeals where principal amount claimed is less than One Million Pesos (P1M). 1.2. Concurrent 1.2.1. with Supreme Court Actions affecting ambassadors and other public ministers and consuls. 1.2.2. with Supreme Court and CA a. Certiorari, prohibition and mandamus against lower courts and bodies. b. Habeas corpus and quo warranto 1.2.3. with the Insurance Commission *Claims not exceeding P100,000. *Applicable if the subject of the action is not capable of pecuniary estimation; otherwise, jurisdiction is concurrent with MeTCs, MTCs, etc. 2. Criminal 2.1. Exclusive Criminal cases not within the exclusive jurisdiction of any court, tribunal or body which includes cases: a. where penalty exceeds six (6) years. b. with regard to offenses NOT cognizable by the Sandiganbayan where none of the accused are occupying positions








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corresponding to salary grade 27 and higher, or by the Court of Tax Appeals with regard to claim of taxes and fees not amounting to one million pesos. c. where the only penalty is fine, the amount of fine exceeds P4,000. d. violations of the NIRC, Tariff and Customs Code and other laws administered by the BIR and BOC where the principal amount of taxes and fess claimed is less than One Million Pesos (P1M) or where there is NO specified amount Note: The Family Courts have exclusive original jurisdiction over criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age, or when one or more of the victims is a minor at the time of the commission of the offense. (Sec. 5a, R.A. 8369) B. Appellate All cases decided by lower courts in their respective territorial jurisdictions. Action Incapable of Pecuniary Estimation

Whether it is primarily for a sum of money. If yes, the action is capable of pecuniary estimation

Where the sum of money is merely incidental or as a consequence

If there is something more to be done, the award of money is merely incidental

Where sum of money is an alternative remedy/prayer, the action is capable of pecuniary estimation (specific performance OR damages)

Specific performance AND damages, the sum of money is merely incidental, therefore the action is incapable of pecuniary estimation

Where the action is for damages, jurisdiction is determined by the principal cause of action. Where the action is primarily for actual damages, moral and exemplary damages, the moral and exemplary damages will not be considered in the determination of jurisdiction. (Huguete vs. Embudo, GRN 149554, July 1, 2003, 405 SCRA 168)

VI. FAMILY COURTS A. Exclusive and Original

1. Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age, or when one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to P.D. 903 otherwise known as the Child and Youth Welfare Code. 2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter and hospitalization of insane minors. 3. Petitions for adoption of children and the revocation thereof. 4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements; and petitions for dissolution of conjugal partnership of gains. 5. Petitions for support and/or acknowledgment. 6. Summary judicial proceedings brought under the provisions of E.O. 209, otherwise known as the Family Code of the Philippines. 7. Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions for voluntary or involuntary commitment of children, the suspension, termination, or restoration pf parental authority and other cases cognizable under P.D. 603, E.O. 56 and other related laws. 8. Petitions for the constitution of the family home. 9. Cases against minors cognizable under the Dangerous Drugs Act. 10. Violations of R.A. 7160, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act. 11. Cases of domestic violence against women and children. VII. MUNICIPAL TRIAL COURTS, etc.








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A. Original 1. Civil 1.1. Exclusive 1.1.1. Actions involving personal property valued at not more than P300,000, or in Metro Manila, P400,000. 1.1.2. Actions demanding sums of money not exceeding P300,000, or in Metro Manila, P400,000; in both cases, exclusive of interest, damages, attorneys fees, litigation expenses and costs, the amount of which must be specifically alleged, but the filing fees thereon shall be paid. These include admiralty and maritime cases. 1.1.3. Actions involving title or possession of real property where the assessed value does not exceed P20,000, or in Metro Manila, P50,000. 1.1.4. Provisional remedies in principal actions within their jurisdiction, and in proper cases such as preliminary attachment, preliminary injunction, appointment of receiver and delivery of personal property. 1.1.5. Forcible entry and unlawful detainer, with jurisdiction to resolve ownership to determine issue of possession. 1.1.6. Probate proceedings, testate or intestate, where gross value of estate does not exceed P300,000, or in Metro Manila, P400,000. 1.1.7. Inclusion and exclusion of voters. 1.1.8. Tax collection cases NOT falling under the exclusive original jurisdiction of the Court of Tax Appeals and RTC where principal amount claimed is less than One Million Pesos (P1M). 1.2. Concurrent with RTCs None 1.3. Delegated Cadastral and land registration cases assigned by the Supreme Court where there is no controversy or opposition and in contested lots valued at not more than P100,000. 1.4. Special Petition for habeas corpus in the absence of all Regional Trial Court Judges. 2. Criminal 2.1. Exclusive

2.1.1. All violations of city or municipal ordinances committed within their respective territorial jurisdictions. 2.1.2. All offenses punishable with imprisonment of not more than 6 years irrespective of the fine and regardless of other imposable accessory or other penalties and the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, the imposable fine does not exceed P10,000. 2.1.3. All offenses committed NOT falling within the exclusive original jurisdiction of the Sandiganbayan where none of the accused are occupying positions corresponding to salary grade 27 and higher, or of the Court of Tax Appeals with regard to claim of taxes and fees amounting to one million pesos. 2.1.4. In cases where the only penalty provided by law is a fine not exceeding P4,000. 2.1.5. Violations of the NIRC, Tariff and Customs Code and other laws administered by the BIR and BOC where the principal amount of taxes and fess claimed is less than One Million Pesos (P1M) and not falling within the exclusive jurisdiction of the RTC. 2.2. Concurrent with Prosecutors Except for MetCs in the National Capital Region, conduct preliminary investigation of offenses where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to fine. Preliminary investigation of crimes within the jurisdiction of the Sandiganbayan is conducted by the Office of the Special Prosecutor under the Ombudsman. 3. Summary Procedure 3.1. Civil 3.1.1. Forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered; but attorneys fees shall not exceed P20,000. It can issue writ of preliminary mandatory action in case of unlawful detainer. 3.1.2. All other cases, except probate proceedings, where total claim does not exceed P10,000. 3.2. Criminal








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3.2.1. Traffic law and rules violations 3.2.2. Rental law violations 3.2.3. Violations of municipal or city ordinances 3.2.4. Violations of B.P. 22 (Bouncing Checks Law) 3.2.5. All other cases where penalty does not exceed 6 months and/or fine of P1,000, or both, irrespective of other imposable penalties, accessory or civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, the imposable fine does not exceed P10,000. When Defense of Ownership in Ejectment Case Proper The defense of ownership contemplated under the Rule refers to a situation where the defendants either claim ownership of the subject property or attributes of said ownership to another person other than the plaintiff. It does not apply where the defendant merely questions the validity of the title of the plaintiff. (Lacap vs. Lee, GRN 142131, Dec. 11, 2002, 394 SCRA 1) Damages in Ejectment Case In ejectment cases, the ONLY damages that can be recovered are the fair rental value or the reasonable compensation for the use and occupation of the property. Considering that the only issue raised in ejectment is that of rightful possession, damages which could be recovered are those which the plaintiff could have sustained as a mere possessor, or those caused by the loss of the use and occupation of the property, and not the damages which he may have suffered but which have no direct relation to his loss of material possession. (C&S Fishfarm Corp. vs. CA, GRN 122720, Dec. 16, 2002, 394 SCRA 82) May RA 7691, the act which expanded the jurisdiction of the municipal trial courts, be given retroactive application? No. Jurisdiction being a matter of substantive law, the established rule is that the statute in force at the time of the commencement of the action determines the jurisdiction of the court. (Yu Oh vs. CA. GRN 125297, June 6, 2003, 403 SCRA 300)

How to Determine Jurisdiction in Foreclosure of Property 1. In foreclosure of property where the value of

the property is involved, the value of the property itself determines the jurisdiction.

2. In foreclosure of property where the value of the property is NOT involved (specific value), the value of alternative prayer for damages determines the jurisdiction.

Principle of Exercise of Equity Jurisdiction This is a situation where the court is called upon to decide a particular situation and release the parties from their correlative obligations but if it would result in adverse consequences to the parties and the public, the court would go beyond its powers to avoid negative consequences in the release of the parties.

CIVIL PROCEDURE

RULE 1

General Considerations Sec. 3. Cases governed. Civil action

One by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.

May either be ordinary or special. Based on a cause of action.

Criminal action

One by which the State prosecutes a person for an act or omission punishable by law.

Based on a cause of accusation. Special proceeding a remedy by which a party seeks to establish a status, a right, or a particular fact. Ordinary Action Special

Proceeding A formal demand of ones right in a court of justice in the manner prescribed by the court or by the law

An application or petition to establish the status or right of a party or a particular fact.








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Ordinary Action Special Proceeding

The method of applying legal remedies according to definite established rules.

The remedy is granted generally upon an application or motion.

Falls within the jurisdiction of a court of general jurisdiction.

Comes within a court of limited jurisdiction.

It is required that no suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts towards a compromise has been made.

Such requirement of the law does not apply.

Sec. 4. In what cases not applicable. E lection cases L and registration C adastral proceedings N aturalization I Insolvency proceedings O ther cases not herein provided for EXCEPT by analogy or in a suppletory character and whenever practicable and convenient. Sec. 5. Commencement of action. A court acquires jurisdiction over the subject matter or nature of the action by: 1. Filing of the original complaint in court a. personally, or b. by mail (the date of mailing is considered

as the date of filing) 2. Payment of the docket fee at the time of filing or mailing or within a reasonable time but in no case beyond the applicable prescriptive or reglementary period.

The Manchester Rule 1. All complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer, and said damages shall be considered in the assessment of the filing fees. 2. The court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. 3. An amendment of the complaint or similar

pleading will not thereby vest jurisdiction in the court, much less the payment of the docket fee based on the amount sought in the amended pleading. (Manchester Development Corp. vs. Court of Appeals, GRN L-75919, May 7, 1987; 149 SCRA 562)

In deficiency on paying docket fees, the

court may allow payment of docket fees.

Note! In determining the jurisdictional amount, the amount of the demand must be considered EXCLUSIVE of interest, damages of whatever kind, attorneys fees, litigation expenses, and costs. However, interest, damages of whatever kind, attorneys fees, litigation expenses, and costs shall be INCLUDED in the determination of the filing fees (Sec. 33, RA 7691 amending BP 129). The same rule applies to permissive counterclaim, third-party claims and similar pleadings. In Tacay vs. RTC of Tagum (GRN 88075-77 December 20, 1989), the SC held that the rule on the payment of the prescribed docket fees applies only where jurisdiction depends on the amount prayed for or value prayed for. If jurisdiction is not dependent upon the value of the demand, the court acquires jurisdiction even without the payment of the docket fee. Court loses jurisdiction only over the claims for damages. Manchester Rule Relaxed in Sun Insurance








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Where the filing of the initiatory pleading is not accompanied by payment of the docket fee, the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period. (Sun Insurance Office Ltd. vs. Asuncion, 170 SCRA 274, 1989) New Docket Fee to be Paid for the Filing of the Same Case that was Dismissed for Improper Venue Where the same case was filed after it was dismissed for improper venue, another filing fee must be paid within the prescriptive period as a condition precedent for further hearing the case. (Suson vs. CA, GRN 126749, Aug. 21, 1997, 278 SCRA 284)

RULE 2 CAUSE OF ACTION

Cause of Action the act or omission by which a party violates

a right of another the delict or wrong by which the right of the

plaintiff is violated by the defendant Elements of Cause of Action: a. The existence of a legal right in plaintiff. b. A correlative duty of defendant to respect

ones right. c. An act or omission of the defendant in

violation of plaintiffs right. Right of Action the right to commence and prosecute an action to obtain the relief sought. Elements of Right of Action: a. The existence of a cause of action. b. The performance of all conditions precedent

to the bringing of the action. c. The right to bring and maintain the action

must be in the person instituting it. Splitting a single cause of action

The filing of separate complaints for several reliefs for the same cause of action

Where there is only one delict or wrong, there is but a single cause of action regardless of the number of rights

violated belonging to one person. All such rights must be alleged in a single complaint; otherwise, they are barred forever

It is prohibited Reasons for the Rule 1. To prevent repeated litigation between the same parties in regard to the same subject of controversy. 2. To protect the defendant from unnecessary vexation. 3. To avoid the costs and expenses incident to numerous suits. Effect: The other case may be dismissed either on the ground of litis pendentia or res judicata, or same grounds may be alleged as affirmative defenses in the Answer. Test of Singleness of Action It lies in the singleness of the delict or wrong violating the rights of one person. A single delict or wrong may, however, consists of a single act or series of acts of a single transaction or a series of transactions. Remedies Against Splitting a Cause of Action 1. Motion to dismiss on the ground of litis

pendentia 2. Motion to dismiss on the ground of res

judicata Sec. 5. Joinder of causes of action. This rule is permissive. It does not constitute an obligatory rule, as there is no positive provision of law or any rule of jurisprudence which compels a party to join all his causes of action and bring them at one and the same time. Conditions: Par. (a): Compliance with the rules on joinder of parties. This may involve the same parties or different parties. If the joinder involves different parties, there must be a question of fact or of law common to both parties joined,








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arising out of the same transaction or series of transactions. Par. (b): Shall not include any special civil action because it may be governed by a different rule, or by special rules, such as summary procedure in ejectment cases. Par. (c): If the causes of action have different venues, they may be joined in any of the courts of proper venue. A real action and a personal action may be joined either in the RTC of the place where the real property is located or where the parties reside. Par. (d): The Totality Rule 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.

RULE 3 PARTIES TO CIVIL ACTIONS

Sec. 1. Who may be parties; plaintiff and defendant. Requisites: P C - I

a. He must be a natural or juridical person or an entity authorized by law;

b. He must have legal capacity to sue; c. He must be the real party in interest.

Plaintiff may refer to claiming party, the counter- claimant, the cross- claimant, or the third (fourth, etc.)-party plaintiff. Defendant may refer to the original defending party, the defendant in a counterclaim, the cross- defendant, or the third (fourth, etc.)-party defendant. (Sec. 1) Note! A foreign corporation whether doing business or not may be sued.

Estate of a Deceased Person May Not be Named Plaintiff or Defendant

Legal Capacity

The party is free from general disability or must be in the full exercise of his civil rights or, in case of juridical entities, such as a corporation, that it must be duly registered in accordance with law.

It must be alleged in the complaint, otherwise, the party must be deemed to be devoid of legal personality to bring an action.

Lack of Legal Capacity to Sue

Lack of Legal Personality to Sue

Refers to plaintiffs general disability to sue

Plaintiff is not the real party in interest

A ground for a motion to dismiss based on the ground of lack of legal capacity to sue

A ground for a motion to dismiss because of plaintiffs failure to state a cause of action

Sec. 2. Parties in interest. Real Party-in-Interest

The party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.

A party with a present substantial interest as distinguished from a mere expectancy or future, contingent, subordinate, or consequential interest.

Every action must be prosecuted or defended in his name unless otherwise authorized by law.

Effect of Failure to Name Real Party-in-Interest Rule! Every action must be prosecuted and

defended in the name of the real party-in-interest. If the suit is not brought in the name of or against the real party-in-interest, a motion to dismiss may be filed on the ground that the complaint states no cause of action. In case there is a judgment, it shall be void.

Exception: A real litigant may be held bound

as a party even if not formally impleaded provided he had his day in court. An








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amendment can be had to include or implead the real party in interest.

Real Party in Interest

Locus Standi

applies to private litigations

refers to standing involving constitutional issues

suit is brought by the party injured who is a party to a contract or any transaction

suit is generally not brought by the party who has been personally injured by the operation of a law or by official action taken, but concerned citizens, taxpayers or voters who sue in the public interest

Remedy When Real Party-in-Interest not Impleaded The pleadings must be amended or the complaint may be deemed amended to include the real party-in-interest. Party Representative someone acting in a fiduciary capacity, however; the beneficiary shall be included in the title of the case and shall be deemed to be the real party-in-interest. Who may be Representatives 1. Trustee in an express trust 2. Father, mother, guardian or guardian ad

litem of the incompetent 3. Executor or administrator 4. Party authorized by the law or the Rules 5. Agent acting in his own name and for the

benefit of an undisclosed principal, EXCEPT when the contract involve things belonging to the principal

Note! where the agency is disclosed and the principal appears to be the owner of the things involved in the suit, the action should be brought against both the principal and the agent. Sec. 6. Permissive joinder of parties. Requisites: S C P

a. A right to relief arising out of the same transaction or series of transactions;

b. There is a question of law or fact common to all the plaintiffs or defendants;

c. Such joinder is not otherwise proscribed by the provisions of the rules on jurisdiction and venue.

Sec. 7. Compulsory joinder of indispensable parties. Indispensable party A party in interest without whom no final

determination can be had of an action. One whose interest in the subject matter of

the suit and in the relief sought are so inextricably intertwined with the other parties that his legal presence as a party to the proceeding is an absolute necessity

Effect of Absence of Indispensable Parties a. The court has the duty to stop the trial and

order the inclusion of such party. b. The action should be dismissed. c. Renders all subsequent actuations of the

court null and void, for want of authority to act, not only as to the absent parties but even to those present.

Sec. 8. Necessary party. Necessary party One who is not indispensable but who ought

to be joined as a party if complete relief is to

Joinder of Causes of Actions

Joinder of Parties

The causes of action to be joined are no longer limited to causes of action arising out of the same contract, transaction or relation, or for demands of money of the same nature and character.

It is required that the cause of action arises out of the same contract, transaction or relation.

There is no need of a common question of fact or of law.

There is a need of a common question of fact or of law.








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be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action.

Also called proper party, refers to one whose presence is necessary to adjudicate the whole controversy, but whose interests are so far separable that final decree can be made in his absence without affecting him.

Sec. 9. Non-joinder of necessary parties to be pleaded. Effect of omission of a necessary party a. If the omission is unmeritorious, the court

may order for his inclusion if jurisdiction over his person may be obtained.

b. An unjustifiable failure to comply with such order shall be deemed a waiver of the claim against such party.

c. However, his non-inclusion does not prevent the court from proceeding in the action, and a judgment therein shall be without prejudice to his rights.

Sec. 12. Class suit. Requisites: S N I

a. Subject matter of controversy that is of common or general interest to many persons;

b. Persons are so numerous that it is impracticable to join them all as parties;

c. Parties actually before the court are sufficiently numerous and representative so that all interests concerned are fully protected.

Object of the suit The object of the suit is to obtain relief for or against numerous persons as a group or as an integral entity, and not as separate, distinct individuals whose rights or liabilities are separate from and independent of those affecting the others. Sec. 16. Death of party; duty of counsel. Effect of Death of Party The lawyer-client relationship is terminated upon the death of the client. The lawyers

authority to appear for the client automatically ceases, EXCEPT:

a. when there is a contract for the lawyers services up to final judgment;

b. when the lawyers fees are on a contingent basis;

c. when the lawyers appearance is coupled with interest.

Duties of Counsel if Claim is not Extinguished 1. To inform the Court promptly of his clients

death(within 30 days from death). 2. To give the name and address of the

deceaseds legal representative ( within the same period)

Effect of Counsels Failure to Notify Court 1. The case may continue. 2. It shall be a ground for disciplinary action. Opposing Party may Procure Executor or Administrator 1. When no legal representative is named by

the counsel, or 2. When named, the latter fails to appear

within the specified period. Note! If the procedure under sec.16 is not followed the procedures against the heirs will be declared null and void. Sec. 17. Death or separation of a party who is a public officer. The action may be continued and maintained by or against his successor if, within 30 days after the successor takes office or such time as may be granted by the court:

if it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it, and

the successor adopts or continues or threatens to adopt or continue the action of his predecessor.








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Sec. 20. Action on contractual money claims. Requisites: a. The action must primarily be for recovery of

money, debt, or interest thereon, and not where the money sought therein is merely incidental thereto.

b. The claim, subject of the action, arose from a contract, express or implied, entered into by the decedent in his lifetime or the liability for which had been assumed by or is imputable to him.

If defendant dies before entry of final judgment in the court where it was pending at that time, the action shall not be dismissed but shall be allowed to continue until entry of final judgment thereon. When judgment is favorable to plaintiff, it shall be enforced in the manner of prosecuting claims against the deceaseds estate. Sec. 21. Indigent Party a person who does not have sufficient property to maintain an action. The Court, if satisfied, may authorize litigation of action, claim or defense:

a. upon an ex parte application and hearing; and

b execution of an affidavit that he and his immediate family do not have sufficient money or property available for their food, shelter and basic necessities.

If the indigent win, the legal fees (which he did not pay) shall be a lien on any judgment unless provided otherwise by the court.

RULE 4 VENUE OF ACTIONS

Venue the place where the action is to be commenced/ instituted and tried. Dismissal of Action Not Discretionary The court cannot motu proprio dismiss a complaint on the ground of improper venue, since improper venue may be waived for failure to object to it.

Venue Jurisdiction The geographical division in which the action is brought to trial.

Authority to hear and determine a case.

Establishes the relation between the plaintiff and the defendant.

Establishes the relation between the court and the subject matter.

May be waived Conferred by law and therefore, cannot be waived

Procedural Substantive May be changed by written agreement of the parties

Cannot be the subject of an agreement of the parties

Venue of Real Actions 1. One Property, One Locality the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. 2. Property At Boundary of Two Localities file one case in either place at the option of the plaintiff. 3. Various Properties, Different Provinces a. If the properties are the object of the same

transaction, file it in the RTC in any of said provinces, and the judgment therein can be executed in the other provinces where the rest of the real estate is situated.

b. If they are the subjects of distinct

transactions, separate actions should be filed in each place unless properly joined.

Venue of Personal Actions 1. Against a resident defendant where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, at the election of the plaintiff. 2. Against a nonresident defendant and found in the Philippines where he may be found. When Stipulation of Venue Permissive or Exclusive








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1. Permissive: If the parties to a contract merely agree on the venue of any case arising therefrom, in addition to or aside from the legal venue provided for by the Rules of Court or the law. Effect: The parties may choose to observe the same or insist on the alternative venues in the rules or law; not a ground for a motion to dismiss. 2. Exclusive: If the stipulation contains qualifying, restrictive, mandatory or exclusionary terms like exclusively, must, only, solely, limited to, in no other place, in no other court, particularly, nowhere else but/except, to the exclusion of, or other terms indicative of a clear and categorical intent to lay the venue at a specific place. Effect: There is a waiver of the general provisions of the rules or the law on venue proscribing the filing of suit in any other competent court; a ground for motion to dismiss. Ejectment suit, always on MTC under BP. 129

Sec. 3. Venue of Actions against non-residents. In actions in rem or quasi in rem against non-residents not found in the Philippines, the venue is: the place where the plaintiff resides, if it

affects the personal status of the plaintiff, or the place where the defendants property or

any portion thereof is situated or found. Waiver of Improper or Misplaced Venue a. Express waiver through written agreement b. Implied waiver through failure to

seasonably object to improper venue in a motion to dismiss or in the answer.

RULE 5

UNIFORM PROCEDURE IN TRIAL COURTS

Section 36 of the Judiciary Reorganization Act of 1980 mandated the Supreme Court to adopt special rules of procedure regarding cases requiring summary disposition in order to achieve an expeditious and inexpensive

determination thereof without regard to technical rules. Such simplified procedure may provide that affidavits and counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall not be extendible.

RULE ON SUMMARY PROCEDURE

Pleadings Allowed in Summary Procedure 1. Complaint 2. Compulsory counterclaim and cross-claims

pleaded in the answer 3. Answer Prohibited Pleadings and Motions 1. Motion to dismiss the complaint EXCEPT

on the ground of lack of jurisdiction over the subject matter, or failure to comply with the requirement of prior referral to Lupon

2. Motion for a bill of particulars 3. Motion for new trial, or for reconsideration

of a judgment, or for reopening of trial 4. Petition for relief from judgment 5. Motion for extension of time to file

pleadings, affidavits or any other papers 6. Memoranda 7. Petition for certiorari, mandamus or

prohibition against any interlocutory order issued by the court

8. Motion to declare the defendant in default 9. Dilatory motions for postponement 10. Reply 11. Third-party complaint 12. Intervention Summary Procedure A. Some Notes

A motion to dismiss may be treated as an answer.

The defense of lack of jurisdiction may be raised in a motion to dismiss as an exception to the rule on prohibited pleadings.

Unless there is a showing of substantial prejudice caused to a party, the trial courts inadvertent failure to calendar the case for a pre-trial or a preliminary conference cannot render the proceedings illegal or void ab initio.








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Where defendant did file an answer to the complaint, the trial court may not declare him as in default because a motion to declare the defendant in default is a prohibited pleading.

B. Civil Cases; Non-Appearance in Preliminary Conference; Effects 1. As to plaintiff dismissal of complaint defendant, entitled to judgment on his

counterclaim 2. As to sole defendant plaintiff entitled to judgment, except

where one of two or more defendants appears

C. Criminal Cases; Immediate Dismissal The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused PLUS two (2) copies for the courts file. If this requirement is not complied with within five (5) days from date of filing, the case may be DISMISSED. D. Arrest Under Rule on Summary Procedure

Rule: The court shall not order the arrest of the

accused. Exception: When accused failed to appear

whenever required.

RULE 6 KINDS OF PLEADINGS

Pleadings written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. Kinds: 1. Complaint a pleading alleging the

plaintiffs cause/s of action. 2. Answer a pleading in which a defending

party sets forth his defenses 3. Counterclaim any claim which a

defending party may have against an opposing party

4. Compulsory Counterclaim one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing partys claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

Compulsory counterclaim

Permissive counterclaim

Arises out from same transaction

Does not arise out from same transaction

No docket fees Needs payment of docket fees

Does not need certificate of non-forum shopping

Needs certificate of non-forum shopping

Cannot stand alone Can stand alone; a case itself

5. Cross-claim any claim by one party

against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. It may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant

6. Counter-counterclaims and counter-cross-claims

7. Reply a pleading to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted.

8. Third, (fourth, etc.)-party complaint a claim that a defending party may, with leave of court, file against a person not a party to the action, for contribution, indemnity, subrogation or any other relief, in respect of his opponents claim

9. Answer to third, (fourth, etc.)-party complaint one which contains a third, (fourth, etc.)-party defendants defenses, counterclaims or cross-claims.

COUNTERCLAIM May a Plaintiff be declared in Default for His Failure to File a Reply on the


CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romi

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FEU Remedial Law Memory Aid 2006

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