Remedial Law Riano Notes

8/17/2019 Remedial Law Riano Notes

1/188

2011 Bar Examination

BERT – NOTES in REMEDIAL LAW

Victory goes to those with homicidal instinct to succeed... the

murderous mania to excel...Dean W. Riano

SYLLABUS FOR 2011 BAR EXAMINATIONS

REMEDIAL LAW

I. General Principles

A. Concept of Remedial Law

B. Substantive Law as Distinguished from Remedial

LawC. Rule-making Power of the Supreme Court

1. Limitations on the rule-making power of

the Supreme Court

2. Power of the Supreme Court to amend

and suspend procedural rules

D. Nature of Philippine Courts

1. Meaning of a court

2. Court as distinguished from a judge

3. Classification of Philippine courts

4. Courts of original and appellate

jurisdiction

5. Courts of general and special jurisdiction6. Constitutional and statutory courts

7. Courts of law and equity

8. Principle of judicial hierarchy

9. Doctrine of non-interference or doctrine

of judicial stability

II. Jurisdiction

A. Jurisdiction over the parties

1. How jurisdiction over the plaintiff is

acquired

2. How jurisdiction over the defendant isacquired

B. Jurisdiction over the subject matter

1. Meaning of jurisdiction over the subject

matter

2. Jurisdiction versus the exercise of

jurisdiction

3. Error of jurisdiction as distinguished

from error of judgment

4. How jurisdiction is conferred and

determined

5. Doctrine of primary jurisdiction

6. Doctrine of adherence of jurisdiction

7. Objections to jurisdiction over the

subject matter

8. Effect of estoppel on objections to jurisdiction

C. Jurisdiction over the issues

D. Jurisdiction over the res or property in litigation

E. Jurisdiction of Courts

1. Supreme Court

2. Court of Appeals

3. Court of Tax Appeals

4. Sandiganbayan

5. Regional Trial Courts

6. Family Courts

7. Metropolitan Trial Courts/MunicipalTrial Courts

8. Shariah Courts

F. Jurisdiction over small claims, cases covered by

the rules on Summary Procedure and Barangay

Conciliation

G. Totality Rule

III. Civil Procedure

A. Actions

1. Meaning of ordinary civil actions

2. Meaning of special civil actions3. Meaning of criminal actions

4. Civil actions versus Special proceedings

5. Personal actions and real actions

6. Local and transitory actions

7. Actions in rem, in personam and quasi

in rem

B. Cause of Action

1. Meaning of cause of action

2. Right of Action versus Cause of action

3. Failure to state a cause of action


2/188



4. Test of the sufficiency of a cause of

action

5. Splitting a single cause of action and its

effects

6. Joinder and misjoinder of causes of

action

C. Parties to Civil Actions

1. Real Parties in interest; Indispensable

parties; Representatives as parties;

Necessary parties; Indigent Parties;

Alternative defendants

2. Compulsory and permissive joinder of

parties

3. Misjoinder and non-joinder of parties

4. Class Suit

5. Suits against entities without juridical

personality

6. Effect of death of party litigant

D. Venue

1. Venue versus Jurisdiction

2. Venue of real actions

3. Venue of personal actions

4. Venue of actions against non-residents

5. When the Rules on Venue Do not Apply

6. Effects of Stipulations on Venue

E. Pleadings

1. Kinds of Pleadings

a. Complaint

b. Answer

(1) Negative defenses

(2) Negative pregnant

(3) Affirmative Defenses

c. Counterclaims

(1) Compulsory

counterclaim

(2) Permissive

counterclaim

(3) Effect on the

Counterclaim when the

complaint is dismissed

d. Cross-claims

e. Third (fourth, etc.) partycomplaints

f. Complaint-in-intervention

g. Reply

2. Pleadings allowed in small claim cases

and cases covered by the rules on

summary procedure

3. Parts of a pleading

a. Caption

b. Signature and address

c. Verification and certification

against forum shopping

(1) Requirements of a

corporation executing

the

verification/certification

of non-forum shopping

d. Effect of the signature of

counsel in a pleading4. Allegations in a pleading

a. Manner of making allegations

(1) Condition precedent

(2) Fraud, mistake,

malice, intent,

knowledge and other

condition of the mind,

judgments, official

documents or acts

b. Pleading an actionable

document

c. Specific denials

(1) Effect of failure tomake specific denials

(2) When a specific

denial requires an oath

5. Effect of failure to plead

1. Failure to plead defenses and

objections

2. Failure to plead a compulsory

counterclaim and cross-claim

6. Default

a. When a declaration of default is

proper

b. Effect of an order of default

c. Relief from an order of default

d. Effect of a partial default

e. Extent of relief

f. Actions where default are not

allowed

7. Filing and Service of pleadings

I. Payment of docket fees

II. Filing versus service of

pleadings

III. Periods of filing of pleadings

IV. Manner of filing

V. Modes of service

(1) Personal service(2) Service by mail

(3) Substituted service

(4) Service of judgments,

final orders or

resolutions

(5) Priorities in modes of

service and filing

(6) When service is

deemed complete

(7) Proof of filing and

service


3/188



8. Amendment

a. Amendment as a matter of

right

b. Amendments by leave of court

c. Formal amendment

d. Amendments to conform to or

authorize presentation ofevidence

e. Different from supplemental

pleadings

f. Effect of amended pleading

F. Summons

1. Nature and purpose of summons in

relation to actions in personam, in rem and

quasi in rem

2. Voluntary appearance

3. Personal service

4. Substituted service

5. Constructive service (by publication)a. Service upon a defendant

where his identity is unknown or

where his whereabouts are

unknown

b. Service upon residents

temporarily outside the

Philippines

6. Extra-territorial service, when allowed

7. Service upon prisoners and minors

8. Proof of service

G. Motions

1. Motions in general

a. Definition of a motion

b. Motions versus pleadings

c. Contents and form of motions

d. Notice of hearing and hearing

of motions

e. Omnibus motion rule

f. Litigated and ex parte motions

g. Pro-forma motions

2. Motions for Bill of Particulars

a. Purpose and when applied for

b. Actions of the court

c. Compliance with the order andeffect of noncompliance

d. Effect on the period to file a

responsive pleading

3. Motion to Dismiss

a. Grounds

b. Resolution of Motion

c. Remedies of plaintiff when the

complaint is dismissed

d. Remedies of the defendant

when the motion is denied

e. Effect of dismissal of complaint

on certain grounds

f. When grounds pleaded as

affirmative defenses

g. Bar by dismissal

h. Distinguished from demurrer

to evidence under Rule 33

H. Dismissal of Actions

1. Dismissal upon notice by plaintiff; Two-

dismissal rule

2. Dismissal upon motion by plaintiff;

effect on existing counterclaim

3. Dismissal due to the fault of plaintiff

4. Dismissal of counterclaim, cross-claim or

third-party complaint

I. Pre-trial

1. Concept of pre-trial

2. Nature and purpose3. Notice of pre-trial

4. Appearance of parties; effect of failure to

appear

5. Pre-trial brief; effect of failure to appear

6. Distinction between pre-trial in civil case

and pre-trial in criminal case

7. Alternative Dispute Resolution (ADR)

J. Intervention

1. Requisites for intervention

2. Time to intervene

3. Remedy for the denial of motion to

intervene

K. Subpoena

1. Subpoena duces tecum

2. Subpoena ad testificandum

3. Service of subpoena

4. Compelling attendance of witnesses;

Contempt

5. Quashing of subpoena

L. Modes of Discovery

1. Depositions pending action; Depositions

before action or pending appeala. Meaning of deposition

b. Uses; Scope of examination

c. When may objections to

admissibility be made

d. When may taking of deposition

be terminated or its scope limited

2. Written interrogatories to adverse

parties

a. Consequences of refusal to

answer


4/188



b. Effect of failure to serve written

interrogatories

3. Request for Admission

a. Implied admission by adverse

party

b. Consequences of failure to

answer request for admissionc. Effect of admission

d. Effect of failure to file and

serve request for admission

4. Production or inspection of documents

or things

5. Physical and mental examination of

persons

6. Consequences of refusal to comply with

modes of discovery

M. Trial

1. Adjournments and postponements

2. requisites of motion to postpone triala. for absence of evidence

b. for illness of party or counsel

3. Agreed statement of facts

4. Order of trial; reversal of order

5. Consolidation or Severance of hearing or

trial

6. Delegation of reception of evidence

7. Trial by commissioners

a. Reference by consent or

ordered on motion

b. Powers of the commissioner

c. Commissioner’s report; notice

to parties and hearing on the

report

N. Demurrer to Evidence

1. Ground

2. Effect of denial

3. Effect of grant

4. Waiver of right to present evidence

5. Demurrer to evidence in a civil case

versus demurrer to evidence in a criminal

case

O. Judgments and Final Orders1. Judgment without trial

2. Contents of a judgment

3. Judgment on the pleadings

4. Summary judgments

a. for the claimant

b. for the defendant

c. when the case not fully

adjudicated

d. affidavits and attachments

5. Judgment on the pleadings versus

summary judgments

6. Rendition of judgments and final orders

7. Entry of judgment and final order

P. Post Judgment Remedies

1. Motion for New Trial or reconsideration

a. Grounds b. When to file

c. Denial of the motion; effect

d. Grant of the motion; effect

e. Remedy when motion is

denied, Fresh 15-day period rule

2. Appeals in General

a. Judgments and final orders

subject to appeal

b. Matters not appealable

c. Remedy against judgments and

orders which are not appealable

d. Modes of appeal(1) Ordinary appeal

(2) Petition for review

(3) Petition for review on

certiorari

e. Issues to be raised on appeal

f. Period of appeal

g. Perfection of appeal

h. Appeal from judgments or fina

orders of the MTC

i. Appeal from judgments or final

orders of the RTC

j. Appeal from judgments or final

orders of the CA

k. Appeal from judgments or final

orders of the CTA

l. Review of final judgments or

final orders of the COA

m. Review of final judgments or

final orders of the COMELEC

n. Review of final judgments or

final orders of the CSC

o. Review of final judgments or

final orders of the Ombudsman

p. Review of final judgments or

final orders of the NLRCq. Review of final judgments or

final orders of quasi-judicial

agencies

3. Relief from judgments, orders and other

proceedings

a. Grounds for availing of the

remedy

b. Time to file petition

c. Contents of petition


5/188



4. Annulment of Judgments or final orders

and resolutions

a. Grounds for annulment

b. Period to file action

c. Effects of judgment of

annulment

5. Collateral attack of judgments

Q. Execution, Satisfaction and Effect of Judgments

1. Difference between finality of judgment

for purposes of appeal; for purposes of

execution

2. When execution shall issue

a. Execution as a matter of right

b. Discretionary execution

3. How a judgment is executed

a. Execution by motion or by

independent action

b. Issuance and contents of a writof execution

c. Execution of judgments for

money

d. Execution of judgments for

specific acts

e. Execution of special judgments

f. Effect of levy on third persons

4. Properties exempt from execution

5. Proceedings where property is claimed

by third persons

a. in relation to third party claim

in attachment and replevin

6. Rules on Redemption

7. Examination of Judgment Obligor When

Judgment is unsatisfied

8. Examination of Obligor of Judgment

Obligor

9. Effect of Judgment or Final Orders

10. Enforcement and Effect of Foreign

Judgments or Final Orders

R. Provisional Remedies

1. Nature of provisional remedies

2. Jurisdiction over provisional remedies

3. Preliminary Attachment

a. Grounds for issuance of writ of

attachment

b. Requisites

c. Issuance and contents of order

of attachment; affidavit and bond

d. Rule on prior or

contemporaneous service of

summons

e. Manner of attaching real and

personal property; when property

attached is claimed by third

person

f. Discharge of attachment and the

counter-bond

g. Satisfaction of judgment out of

property attached

4. Preliminary Injunction

a. Definitions and Differences:

Preliminary Injunction and

Temporary Restraining Order

b. Requisites

c. Kinds of Injunction

d. When writ may be issued

e. Grounds for issuance of

preliminary injunction

f. Grounds for objection to, or for

the dissolution of injunction or

restraining order

g. Duration of TROh. In relation to RA 8975, Ban on

issuance of TRO or Writ of

Injunction in cases involving

government infrastructure

projects

i. Rule on prior or

contemporaneous service of

summons in relation to

attachment

5. Receivership

a. Cases when receiver may be

appointed

b. Requisites

c. Requirements before issuance

of an Order

d. General powers of a receiver

e. Two (2) kinds of bonds

f. Termination of receivership

6. Replevin

a. When may writ be issued

b. Requisites

c. Affidavit and bond; Redelivery

Bondd. Sheriff’s duty in the

implementation of the writ; when

property is claimed by third party

S. Special Civil Actions

1. Nature of special civil actions

2. Ordinary civil actions versus special civi

actions

3. Jurisdiction and venue

4. Interpleader


6/188



a. Requisites for interpleader

b. When to file

5. Declaratory Reliefs and Similar

Remedies

a. Who may file the action

b. Requisites of action fordeclaratory relief

c. When court may refuse to make

judicial declaration

d. Conversion to ordinary action

e. Proceedings considered as

similar remedies

A. Reformation of an

instrument

B. Consolidation of

ownership

C. Quieting of title to

real property

6. Review of Judgments and Final Orders

or Resolution of the COMELEC and COA

a. Application of Rule 65 under

Rule 64

b. Distinction in the application of

Rule 65 to judgments of the

COMELEC and COA and the

application of Rule 65 to other

tribunals, persons and officers

7. Certiorari, Prohibition and Mandamus

a. Definitions and distinctions

b. Requisites

c. When petition for certiorari,

prohibition and mandamus is

proper

d. Injunctive relief

e. Certiorari distinguished from

Appeal by Certiorari; Prohibition

and Mandamus distinguished

from Injunction; when and where

to file petition

f. Exceptions to filing of motion

for reconsideration before filing

petitiong. Reliefs petitioner is entitled to

h. Actions/Omissions of

MTC/RTC in election cases

i. Where to file petition

j. Effects of filing of an

unmeritorious petition

8. Quo Warranto

a. Distinguish from Quo

Warranto in the Omnibus Election

Code

b. When government commence

an action against individuals

c. When individual may

commence an action

d. Judgment in Quo Warranto

action

e. Rights of a person adjudgedentitled to public office

9. Expropriation

a. Matters to allege in complaint

for expropriation

b. Two stages in every action for

expropriation

c. When plaintiff can immediately

enter into possession of the real

property, in relation to RA 8974

d. New system of immediate

payment of initial just

compensatione. Defenses and objections

f. Order of Expropriation

g. Ascertainment of just

compensation

h. Appointment of

Commissioners; Commissioner’s

report; Court action upon

commissioner’s report

i. Rights of plaintiff upon

judgment and payment

j. Effect of recording of judgment

10. Foreclosure of Real Estate Mortgage

a. Judgment on foreclosure for

payment or sale

b. Sale of mortgaged property;

effect

c. Disposition of proceeds of sale

d. Deficiency judgment

(1) Instances when court

cannot render deficiency

judgment

e. Judicial foreclosure versus

extrajudicial foreclosure

f. Equity of redemption versusright of redemption

11. Partition

a. Who may file complaint; who

should be made defendants

b. Matters to allege in the

complaint for partition

c. Two (2) stages in every action

for partition

d. Order of partition and partition

by agreement


7/188



e. Partition by commissioners;

Appointment of commissioners,

Commissioner’s report; Court

action upon commissioner’s

report

f. Judgment and its effects

g. Partition of personal propertyh. Prescription of action

12. Forcible Entry and Unlawful Detainer

a. Definitions and Distinction

b. Distinguished from accion

publiciana and accion

reinvindicatoria

c. How to determine jurisdiction

in accion publiciana and accion

reinvindicatoria

d. Who may institute the action

and when; against whom the

action may be maintainede. Pleadings allowed

f. Action on the complaint

g. When demand is necessary

h. Preliminary injunction and

preliminary mandatory injunction

i. Resolving defense of ownership

j. How to stay the immediate

execution of judgment

k. Summary procedure,

prohibited pleadings

13. Contempt

a. Kinds of contempt

b. Purpose and nature of each

c. Remedy against direct

contempt; penalty

d. Remedy against indirect

contempt; penalty

e. How contempt proceedings are

commenced

f. Acts deemed punishable as

indirect contempt

g. When imprisonment shall be

imposed

h. Contempt against quasi-judicial bodies

IV. Special Proceedings

A. Settlement of Estate of Deceased Persons, Venue

and Process

1. Which court has jurisdiction

2. Venue in judicial settlement of estate

3. Extent of jurisdiction of Probate Court

4. Powers and Duties of Probate Court

B. Summary Settlement of Estates

1. Extrajudicial settlement by agreement

between heirs, hen allowed

2. Two-year prescriptive period

3. Affidavit of Self-adjudication by sole

heir

4. Summary settlement of estates of smallvalue, when allowed

5. Remedies of aggrieved parties after

extra-judicial settlement of estate

C. Production and Probate of Will

1. Nature of probate proceeding

2. Who may petition for probate; persons

entitled to notice

D. Allowance or Disallowance of Will

1. Contents of petition for allowance of will

2. Grounds for disallowing a will

3. Reprobate; Requisites before will provedoutside allowed in the Philippines; effects

of probate

E. Letters Testamentary and of Administration

1. When and To whom letters of

administration granted

2. Order of preference

3. Opposition to issuance of letters

testamentary; simultaneous filing of

petition for administration

4. Powers and duties of Executors and

Administrators; restrictions on the powers

5. Appointment of Special Administrator

6. Grounds for removal of administrator

F. Claims Against the Estate

1. Time within which claims shall be filed;

exceptions

2. Statute of Non-claims

3. Claim of Executor or administrator

against the Estate

4. Payment of Debts

G. Actions by and against Executors and

Administrators1. Actions that may be brought against

executors and administrators

2. Requisites before creditor may bring an

action for recovery of property

fraudulently conveyed by the deceased

H. Distribution and Partition

1. Liquidation

2. Project of Partition

3. Remedy of an heir entitled to residue but

not given his share


8/188



4. Instances when probate court may issue

writ of execution

I. Trustees

1. Distinguished from

executor/administrator

2. Conditions of the Bond3. Requisites for the removal and

resignation of a trustee

4. Grounds for removal and resignation of

a trustee

5. Extent of authority of trustee

J. Escheat

1. When to file

2. Requisites for filing of petition

3. Remedy of respondent against petition;

period for filing a claim

K. Guardianship1. General powers and duties of guardians

2. Conditions of the bond of the guardian

3. Rule on Guardianship over minor

L. Adoption

1. Distinguish domestic adoption from

inter-country adoption

2. Domestic Adoption Act

a. effects of adoption

b. instances when adoption may

be rescinded

c. effects of rescission of adoption

3. Inter-country Adoption

a. when allowed

b. functions of the RTC

c. "best interest of the minor"

standard

M. Writ of Habeas Corpus

1. Contents of the petition

2. Contents of the Return

3. Distinguish peremptory writ from

preliminary citation

4. When not proper/applicable

5. When writ disallowed/discharged6. Distinguish from writ of Amparo and

Habeas Data

7. Rules on Custody of Minors and Writ of

Habeas Corpus in Relation to Custody of

Minors (AM No. 03-04-04-SC)

N. Writ of Amparo (AM No. 07-9-12-SC)

1. Coverage

2. Distinguish from habeas corpus and

habeas data

3. Differences between Amparo and search

warrant

4. Who may file

5. Contents of return

6. Effects of failure to file return

7. Omnibus waiver rule

8. Procedure for hearing9. Institution of separate action

10. Effect of filing of a criminal action

11. Consolidation

12. Interim reliefs available to petitioner

and respondent

13. Quantum of proof in application for

issuance of writ of Amparo

O. Writ of Habeas Data (AM No. 08-1-16-SC)

1. Scope of writ

2. Availability of writ

3. Distinguish from Habeas Corpus and

Amparo4. Who may file

5. Contents of the petition

6. Contents of return

7. Instances when petition be heard in

chambers

8. Consolidation

9. Effect of filing of a criminal action

10. Institution of separate action

11. Quantum of proof in application for

issuance of writ of Amparo

P. Change of Name

1. Differences under Rule 103, RA 9048 and

Rule 108

2. Grounds for change of name

Q. Absentees

1. Purpose of the Rule

2. Who may file; when to file

R. Cancellation or Correction of Entries in the Civil

Registry

1. Entries subject to cancellation or

correction under Rule 108, in relation to RA 9048

S. Appeals in Special Proceeding

1. Judgments and orders for which appeal

may be taken

2. When to appeal

3. Modes of appeal

4. Rule on Advance Distribution

V. Criminal Procedure

A. General Matters


9/188



1. Distinguish Jurisdiction over subject

matter from jurisdiction over person of the

accused

2. Requisites for exercise of criminal

jurisdiction

3. Jurisdiction of Criminal courts

4. When injunction may be issued torestrain criminal prosecution

B. Prosecution of Offenses

1. Criminal actions, how instituted

2. Who may file them, crimes that cannot

be prosecuted de officio

3. Criminal actions, when enjoined

4. Control of prosecution

5. Sufficiency of Complaint or Information

6. Designation of Offense

7. Cause of the Accusation

8. Duplicity of the Offense; Exception

9. Amendment or Substitution ofcomplaint or information

10. Venue of criminal actions

11. Intervention of offended party

C. Prosecution of Civil Action

1. Rule on implied institution of civil action

with criminal action

2. When civil action may proceed

independently

3. When separate civil action is suspended

4. Effect of the death of accused or convict

on civil action

5. Prejudicial Question

6. Rule on Filing Fees in civil action

deemed instituted with the criminal action

D. Preliminary Investigation

1. Nature of right

2. Purposes of preliminary investigation

3. Who may conduct determination of

existence of probable cause

4. Resolution of investigation prosecutor

5. Review

6. When warrant of arrest may issue

7. Cases not requiring a preliminaryinvestigation

8. Remedies of accused if there was no

preliminary investigation

9. Inquest

E. Arrest

1. Arrest, how made

2. Arrest without warrant, when lawful

3. Method of arrest

a. by officer with warrant

b. by officer without warrant

c. by private person

4. Requisites of a valid warrant of arrest

5. Determination of Probable Cause for

issuance of warrant of arrest

6. Distinguish probable cause of fiscal from

that of a judge

F. Bail

1. Nature

2. When a matter of right; exceptions

3. When a matter of discretion

4. Hearing of application for bail in capital

offenses

5. Guidelines in fixing amount of bail

6. Bail when not required

7. Increase or Reduction of Bail

8. Forfeiture and Cancellation of bail

9. Application not a bar to objections in

illegal arrest, lack of or irregular

preliminary investigation10. Hold Departure Order & Bureau of

Immigration Watchlist

G. Rights of the Accused

1. Rights of accused at the trial

2. Rights of persons under Custodial

Investigation

H. Arraignment and Plea

1. Arraignment and Plea, how made

2. When should plea of NOT GUILTY be

entered

3. When may accused enter a plea of guilty

to a lesser offense

4. Accused plead guilty to capital offense,

what the court should do

5. Searching Inquiry

6. Improvident plea

7. Grounds for suspension of arraignment

I. Motion to Quash

1. Grounds

2. Distinguish from demurrer to evidence

3. Effects of sustaining the motion to quash

4. Exception to the rule that sustaining themotion is not a bar to another prosecution

5. Double Jeopardy

6. Provisional Dismissal

J. Pre-trial

1. Matters to be considered during pre-trial

2. What the court should do when

prosecution and offended party agree to

the plea offered by the accused

3. Pre-trial agreement

4. Non-appearance during pre-trial


10/188



5. Pre-trial order

6. Referral of some cases for Court

Annexed Mediation and Judicial Dispute

Resolution

K. Trial

1. Instances when presence of accused isrequired by law

2. Requisite before trial can be suspended

on account of absence of witness

3. Trial in Absentia

4. Remedy when accused is not brought to

trial within the prescribed period

5. Requisites for discharge of accused to

become a state witness

6. Effects of Discharge of accused as state

witness

7. Demurrer to Evidence

L. Judgment1. Requisites of a judgment

2. Contents of Judgment

3. Promulgation of judgment; instances of

promulgation of judgment in absentia

4. When does judgment become final (four

instances)

M. New Trial or Reconsideration

1. Grounds for New Trial

2. Grounds for Reconsideration

3. Requisites before a new trial may be

granted on ground of newly discovered

evidence

4. Effects of granting a new trial or

reconsideration

5. Application of Neypes Doctrine in

Criminal Cases

N. Appeal

1. Effect of an Appeal

2. Where to appeal

3. How appeal taken

4. Effect of appeal by any of several

accused

5. Grounds for dismissal of appeal

O. Search and Seizure

1. Nature of search warrant

2. Distinguish from warrant of arrest

3. Application for search warrant, where

filed

4. Probable Cause

5. Personal examination by judge of the

applicant and witnesses

6. Particularity of place to be searched and

things to be seized

7. Personal property to be seized

8. Exceptions to search warrant

requirement

a. Search incidental to lawful

arrest

b. Consented Search

c. Search of moving vehicled. Check points; body checks in

airport

e. Plain view situation

f. Stop and Frisk situation

g. Enforcement of Custom Laws

9. Remedies from unlawful search and

seizure

P. Provisional Remedies

1. Nature

2. Kinds of provisional remedies

VI. Evidence

A. General Principles

1. Concept of Evidence

2. Scope of the Rules of Evidence

3. Evidence in Civil Cases Versus Evidence

in Criminal Cases1avvphi1

4. Proof Versus Evidence

5. Factum Probans Versus Factum

Probandum

6. Admissibility of Evidence

a. Requisites for admissibility of

evidence

b. Relevance of evidence and

collateral matters

c. Multiple admissibility

d. Conditional admissibility

e. Curative admissibility

f. Direct and circumstantial

evidence

g. Positive and negative evidence

h. Competent and credible

evidence

7. Burden of Proof and Burden of Evidence

8. Presumptions

a. Conclusive presumptions b. Disputable presumptions

9. Liberal Construction of the Rules of

Evidence

10. Quantum of Evidence (Weight And

Sufficiency of Evidence)

a. Proof beyond reasonable doubt

b. Preponderance of evidence

c. Substantial evidence

d. Clear and convincing evidence

B. Judicial Notice and Judicial Admissions


11/188



1. What Need Not be Proved

2. Matters of Judicial Notice

a. Mandatory

b. Discretionary

3. Judicial Admissions

a. Effect of judicial admissions

b. How judicial admissions may be contradicted

4. Judicial Notice of Foreign Laws, Law of

Nations and Municipal Ordinance

C. Object (Real) Evidence

1. Nature of Object Evidence

2. Requisites for Admissibility

3. Categories of Object Evidence

4. Demonstrative Evidence

5. View of an Object or Scene

6. Chain of Custody in Relation to Section

21 of the Comprehensive Dangerous Drugs

Act of 20027. Rule on DNA Evidence (A.M. No. 06-11-

5-SC)

a. Meaning of DNA

b. Applicable for DNA testing

order

c. Post-conviction DNA testing;

remedy

d. Assessment of probative value

of DNA evidence and

admissibility

e. Rules on evaluation of

reliability of the DNA testing

Methodology

D. Documentary Evidence

1. Meaning of Documentary Evidence

2. Requisites for Admissibility

3. Best Evidence Rule

a. Meaning of the rule

b. When applicable

c. Meaning of original

d. Requisites for introduction of

secondary evidence

4. Rules on Electronic Evidence (A.M. No.

01-7-01-SC)a. Meaning of electronic evidence;

electronic data massage

b. Probative value of electronic

documents or evidentiary weight;

method of proof

c. Authentication of electronic

documents and electronic

signatures

d. Electronic documents and the

hearsay rule

e. Audio, photographic, video

and ephemeral evidence

5. Parol Evidence Rule

a. Application of the parol

evidence rule

b. When parole evidence can be

introducedc. Distinctions between the best

evidence rule and parol evidence

rule

6. Authentication and Proof of Documents

a. Meaning of authentication

b. Public and private documents

c. When a private writing requires

authentication; proof of a private

writing

d. When evidence of authenticity

of a private writing is not

required (ancient documents)

e. How to prove genuineness of ahandwriting

f. Public documents as evidence;

proof of official record

g. Attestation of a copy

h. Public record of a public

document

i. Proof of lack of record

j. How a judicial record is

impeached

k. Proof of notarial documents

l. How to explain alterations in a

document

m. Documentary evidence in an

unofficial language

E. Testimonial Evidence

1. Qualifications of a Witness

2. Competency Versus Credibility of a

Witness

3. Disqualifications of Witnesses

a. Disqualification by reason of

mental capacity or immaturity

b. Disqualification by reason of

marriage

c. Disqualification by reason ofdeath or insanity of adverse party

d. Disqualification by reason of

privileged communications

(1) Husband and wife

(2) Attorney and client

(3) Physician and patient

(3) and penitent

(4) Public officers

Parental and filial privilege rule

4. Examination of a Witness


12/188



a. Rights and obligations of a

witness

b. Order in the examination of an

individual witness

(1) Direct examination

(2) Cross examination

(3) Re-direct examination(4) Re-cross examination

(5) Recalling the witness

c. Leading and misleading

questions

d. Methods of impeachment of

adverse party’s witness

e. How the witness is impeached

by evidence of inconsistent

statements (laying the predicate)

f. Evidence of the good character

of a witness

5. Admissions and Confessions

a. Res inter alios acta rule b. Admission by a party

c. Admission by a third party

d. Admission by a co-partner or

agent

e. Admission by a conspirator

f. Admission by privies

g. Admission by silence

h. Confessions

i. Similar acts as evidence

6. Hearsay Rule

a. Meaning of hearsay

b. Reason for exclusion of hearsay

evidence

c. Exceptions to the hearsay rule

(1) Dying declaration

(2) Declaration against

interest

(3) Act or declaration

about pedigree

(4) Family reputation or

tradition regarding

pedigree

(5) Common reputation

(6) Part of the res gestae

(7) Entries in the courseof business

(8) Entries in official

records

(9) Commercial lists and

the like

(10) Learned treaties

(11) Testimony or

deposition at a former

trial1avvphi1

7. Opinion Rule

a. Opinion of expert witness

b. Opinion of ordinary witness

8. Character Evidence

a. Criminal cases

b. Civil cases

9. Rule on Examination of a Child Witness

(A.M. No. 004-07-SC)

a. Applicability of the rule b. Meaning of "child witness"

c. Competency of a child witness

d. Examination of a child witness

e. Live-link TV testimony of a

child witness

f. Videotaped deposition of a

child witness

g. Hearsay exception in child

abuse cases

h. Sexual abuse shield rule

i. Protective orders

F. Offer and Objection1. Offer of Evidence

2. When to Make an Offer

3. Objection

4. Repetition of an Objection

5. Ruling

6. Striking Out of an Answer

7. Tender of Excluded Evidence

G. Supreme Court Rulings as of December 2010

VII. Revised Rules on Summary Procedure

A. Cases covered by the Rule

B. Effect of failure to answer

C. Preliminary conference and appearances of

parties

VIII. Katarungang Pambarangay

A. Cases covered

B. Subject matter for amicable settlement

C. Venue

D. When parties may directly go to court

E. Execution

F. Repudiation

IX. Rule of Procedure for Small Claims Cases (AM No. 08-8-7-SC)

A. Scope and applicability of the Rule

B. Commencement of small claims action; Response

C. Prohibited pleadings and motions

D. Appearances

E. Hearing; duty of the judge

F. Finality of judgment

X. Rules of Procedure for Environmental Cases (AM No. 09-

6-8-SC)

A. Scope and Applicability of the Rule


13/188



B. Civil Procedure

1. Prohibition against Temporary

Restraining Order and Preliminary

Injunction

2. Pre-trial Conference; Consent Decree

3. Prohibited Pleadings and Motions4. Temporary Environmental Protection

Order (TEPO)

5. Judgment and Execution; Reliefs in a

citizen’s suit

6. Permanent Environmental Protection

Order; Writ of continuing mandamus

7. Strategic Lawsuit against Public

Participation

C. Special Proceedings

1. Writ of Kalikasan

2. Prohibited pleadings and motions

3. Discovery measures4. Writ of Continuing Mandamus

D. Criminal Procedure

1. Who may file

2. Institution of criminal and civil action

3. Arrest without warrant, when valid

4. Procedure in the custody and

disposition of seized items

5. Bail

6. Arraignment and Plea

7. Pre-trial8. Subsidiary liabilities

E. Evidence

1. Precautionary principle

2. Documentary evidence

IMPORTANT NOTE: This bar coverage description is not

intended and should not be used by law schools as a syllabus

or course outline in the covered subjects. It has been drawn

up for the limited purpose of ensuring that candidates

reviewing for the bar examinations are guided on what basic

and minimum amounts of laws, doctrines, and principles

they need to know and be able to use correctly before theycan be licensed to practice law. More is required for excellent

and distinguished work as members of the Bar.


14/188



CIVIL PROCEDURERules 1 – 71

GENERAL PRINCIPLES

CONCEPT OF REMEDIAL LAW

Remedial Law is that branch of law which prescribes themethod of enforcing rights or obtaining redress for theirinvasion.

SUBSTANTIVE LAW AS DISTINGUISHED FROM

REMEDIAL LAW

Substantive law creates, defines and regulates rights andduties regarding life, liberty or property which whenviolated gives rise to a cause of action.

Remedial law prescribes the methods of enforcing thoserights and obligations created by substantive law byproviding a procedural system for obtaining redress forthe invasion of rights and violations of duties and byprescribing rules as to how suits are filed, tried anddecided by the courts.

As applied to criminal law, substantive law is that whichdeclares what acts are crimes and prescribes thepunishment for committing them, as distinguished fromremedial law which provides or regulates the steps bywhich one who commits a crime is to be punished.

RULE-MAKING POWER OF THE SUPREME

COURT

Section 5 (5), Art. VIII of the Constitution provides thatthe Supreme Court shall have the power to:

a. promulgate rules concerning the protection andenforcement of constitutional rights, pleading,practice, and procedure in all courts;

b. admission to the practice of law;c. the Integrated Bar;d. and legal assistance to the underprivileged

LIMITATIONS OF THE RULE-MAKING POWEROF THE SUPREME COURT

1) The rules shall provide a simplified andinexpensive procedure for the speedy dispositionof cases

2) They shall be uniform for all courts of the samegrade

3) They shall not diminish, increase, or modifysubstantive rights.

4) The power to admit attorneys to the Bar is not an

arbitrary and despotic one but is the duty of thecourt to exercise and regulate it by a sound and

judicial discretion.

Rules of procedure of special courts and quasi- judicial bodies shall remain effective unlessdisapproved by the Supreme Court.

POWER OF THE SUPREME COURT TO AMENDAND SUSPEND PROCEDURAL RULES

When compelling reasons so warrant or when thepurpose of justice requires it = discretionary upon courts.

Reasons that would warrant the suspension:1) the existence of special or compelling

circumstances;2) merits of the case;3) cause not entirely attributable to the fault or

negligence of the party favored by thesuspension of rules

4) a lack of showing that the review sought ismerely frivolous and dilatory;

5) the other party will not be unjustlyprejudiced thereby.

Where substantial and important issues awaitresolution.

When transcendental matters of life, liberty or statesecurity are involved.

The constitutional power of the Supreme Court topromulgate rules of practice and procedurenecessarily carries with it the power to overturn

judicial precedents on points of remedial law throughthe amendment of the Rules of Court.


15/188

2011 Bar Examinations


NATURE OF PHILIPPINE COURTS

Philippine courts are both courts of law and equity.Hence, both legal and equitable jurisdiction is dispensedwith in the same tribunal.

WHAT IS A COURTa. It is an organ of government belonging to the

judicial department the function of which is theapplication of the laws to the controversies

brought before it as well as the publicadministration of justice.

b. It is a governmental body officially assembledunder authority of law at the appropriate timeand place for the administration of justicethrough which the State enforces its sovereignrights and powers.

c. It is a board or tribunal which decides a litigationor contest.

COURT DISTINGUISHED FROM JUDGE

a) A court is a tribunal officially assembled underauthority of law; a judge is simply an officer of suchtribunal;

b) A court is an organ of the government with apersonality separate and distinct from the person or

judge who sits on it;c) A court is a being in imagination comparable to a

corporation, whereas a judge is a physical person;d) A court may be considered an office; a judge is a

public officer; and

e)

The circumstances of the court are not affected by thecircumstances that would affect the judge.

CLASSIFICATION OF PHILIPPINE COURTS

Regular courts engaged in the administration of justiceare organized into four (4) levels:

(a) First Level (MTCs, MeTCs, MCTCs) – which tryand decide

(1) Criminal actions involving:a. violations of city or municipal ordinances

committed within their respective territorial

jurisdiction; and b. offenses punishable with imprisonment notexceeding six (6) years irrespective of theamount of fine and regardless of otherimposable accessory or other penalties, and

(2) Civil actions including EJECTMENT CASES(FEUD) and recovery of personal property with a

value of not more than P300,000 outside MM or

does not exceed P400,000 in MM;

(b) Second Level (RTCs, Family Courts) courts of general jurisdiction

among the civil actions assigned to them by law are those in which the subject oflitigation isa. actions incapable of pecuniary

estimation b. actions involving title to or

possession of real property where

the assessed value of the propertyexceeds P20,000 outside MM or

exceeds P50,000 in MM.c. where the demand exclusive of

interest, damages of whatever kind,attorney‘s fees, litigation expenses,and cost, or the value of thepersonal property or controversy

exceeds P300,000 outside MM or

exceeds P400,000 in MM.

exercise appellate jurisdiction Review cases appealed from courts of

the first level.

(c) Third Level (Court of Appeals, Sandiganbayan)CA is an appellate courta. reviewing cases appealed to it from the RTC

on questions of fact or mixed questions offact and law

b. decisions of the RTC in the exercise oforiginal jurisdiction

i. as a matter of rightii. as a matter of discretion.

Occasionally, CA may act as a trial court, as in

actions praying for the annulment of final andexecutory judgments of RTCs on the ground ofextrinsic fraud subsequently discovered, againstwhich no other remedies lies.

Sandiganbayan has jurisdiction over all criminal and civil cases involving

graft and corrupt practices act

such other offenses committed bypublic officers and employeesincluding those in GOCCs inrelation to their office.

It also has exclusive appellate jurisdiction

over final judgments, resolutions, or ordersof RTCs whether in the exercise of their ownoriginal or appellate jurisdiction overcriminal and civil cases committed by publicofficers or employees including those inGOCCs in relation to their office.

(d) Fourth Level (Supreme Court)


16/188



COURTS OF ORIGINAL AND APPELLATEJURISDICTION

A court is one with original jurisdiction when actions orproceedings are originally filed with it. A court is onewith appellate jurisdiction when it has the power ofreview over the decisions or orders of a lower court.

MeTCs, MCTCs and MTCs are courts of original jurisdiction without appellate jurisdiction. RTC islikewise a court of original jurisdiction with respect tocases originally filed with it; and appellate court withrespect to cases decided by MTCs within its territorial

jurisdiction. (Sec. 22, BP 129).

CA is primarily a court of appellate jurisdiction withcompetence to review judgments of the RTCs andspecified quasi-judicial agencies (Sec. 9[3], BP 129). It is

also a court of original jurisdiction with respect to casesfiled before it involving issuance of writs of certiorari,

mandamus, quo warranto, habeas corpus, andprohibition. CA is a court of original and exclusive

jurisdiction over actions for annulment of judgments ofRTCs (Sec. 9 [1],[2], BP 129).

The SC is fundamentally a court of appellate jurisdiction but it may also be a court of original jurisdiction overcases affecting ambassadors, public ministers and consuls,and in cases involving petitions for certiorari, prohibitionand mandamus (Sec. 5[1], Art. VIII, Constitution). The

Supreme Court en banc is not an appellate court to whichdecisions or resolutions of a division of the SupremeCourt may be appealed.

COURTS OF GENERAL AND SPECIAL

JURISDICTION

Courts of general jurisdiction are those with competenceto decide on their own jurisdiction and to take cognizanceof all cases, civil and criminal, of a particular nature.Courts of special (limited) jurisdiction are those whichhave only a special jurisdiction for a particular purpose orare clothed with special powers for the performance ofspecified duties beyond which they have no authority ofany kind.

A court may also be considered general if it has thecompetence to exercise jurisdiction over cases not fallingwithin the jurisdiction of any court, tribunal, person or

body exercising judicial or quasi-judicial functions. It is inthe context that the RTC is considered a court of general

jurisdiction.

CONSTITUTIONAL AND STATUTORY COURTS

A constitutional court is one created by a directConstitutional provision. Example of this court is the SC,which owes its creation from the Constitution itself. Onlythe SC is a Constitutional court.

A statutory court is one created by law other than theConstitution. All courts except the SC are statutorycourts. SB was not directly created by the Constitution

but by law pursuant to a constitutional mandate.

COURTS OF LAW

A court of law decides a case according to the existinglaws.

COURTS OF EQUITYA court of equity adjudicates a controversy according tothe common precepts of what is right and just withoutinquiring into the terms of the statutes.

PRINCIPLE OF JUDICIAL HIERARCHY

This is an ordained sequence of recourse to courts vestedwith concurrent jurisdiction, beginning from the lowest,on to the next highest and ultimately to the highest. This

hierarchy is determinative of the venue of appeals, and islikewise determinative of the proper forum for petitionsfor extraordinary writs. This is an established policynecessary to avoid inordinate demands upon the Court‘stime and attention which are better devoted to thosematters within its exclusive jurisdiction, and to precludethe further clogging of the Court‘s docket (Sec. 9[1], BP129; Sec. 5[1], Art. VIII, Constitution of the Philippines).

A higher court will not entertain direct resort to it unlessthe redress cannot be obtained in the appropriate courts.The SC is a court of last resort. It cannot and should not

be burdened with the task of deciding cases in the first

instances. Its jurisdiction to issue extraordinary writsshould be exercised only where absolutely necessary orwhere serious and important reasons exist.

The doctrine of hierarchy of courts may be disregarded ifwarranted by the nature and importance of the issuesraised in the interest of speedy justice and to avoid futurelitigations, or in cases of national interest and of seriousimplications. Under the principle of liberalinterpretations, for example, it may take cognizance of apetition for certiorari directly filed before it.

DOCTRINE OF NON-INTERFERENCE OR

DOCTRINE OF JUDICIAL STABILITY

Courts of equal and coordinate jurisdiction cannotinterfere with each other‘s orders. Thus, the RTC has nopower to nullify or enjoin the enforcement of a writ ofpossession issued by another RTC. The principle also

bars a court from reviewing or interfering with the judgment of a co-equal court over which it has noappellate jurisdiction or power of review.

This doctrine applies with equal force to administrative bodies. When the law provides for an appeal from thedecision of an administrative body to the SC or CA, it


17/188



means that such body is co-equal with the RTC andlogically beyond the control of the latter.

JURISDICTION

Jurisdiction – the power and authority of the court tohear, try and decide a case.

JURISDICTION OVER THE PARTIES

a) The manner by which the court acquires jurisdictionover the parties depends on whether the party is theplaintiff or the defendant

b) Jurisdiction over the plaintiff is acquired by his filingof the complaint or petition. By doing so, he submitshimself to the jurisdiction of the court.

c) Jurisdiction over the person of the defendant is

obtained either by a valid service of summons uponhim or by his voluntary submission to the court‘sauthority.

d) The mode of acquisition of jurisdiction over theplaintiff and the defendant applies to both ordinaryand special civil actions like mandamus or unlawfuldetainer cases.

HOW JURISDICTION OVER PLAINTIFF IS

ACQUIRED Acquired when the action is commenced by the

filing of the complaint. This presupposespayment of the docket fees.

HOW JURISDICTION OVER DEFENDANT IS

ACQUIRED

Jurisdiction over the person of the defendant is requiredonly in an action in personam; it is not a prerequisite inan action in rem and quasi in rem. In an action inpersonam, jurisdiction over the person is necessary for thecourt to validly try and decide the case, while in aproceeding in rem or quasi in rem, jurisdiction over theperson of the defendant is not a prerequisite to confer

jurisdiction on the court, provided the latter has jurisdiction over the res.

By voluntary appearance of the defendant, withoutservice of summons or despite a defective service ofsummons. The defendant‘s voluntary appearance in theaction shall be equivalent to service of summons.

Instances when appearance of defendant is nottantamount to voluntary submission to the jurisdiction ofthe court:

1) when defendant files the necessary pleading;2) when defendant files motion for reconsideration

of the judgment by default;

3) when defendant files a petition to set aside the judgment of default;

4) when the parties jointly submit a compromiseagreement for approval of the court;

5) when defendant files an answer to the contemptcharge;

6) when defendant files a petition for certiorari

without questioning the court‘s jurisdiction overhis person.

JURISDICTION OVER THE SUBJECT MATTER

It is the power to deal with the general subject involved inthe action, and means not simply jurisdiction of theparticular case then occupying the attention of the court

but jurisdiction of the class of cases to which theparticular case belongs. It is the power or authority tohear and determine cases to which the proceeding isquestion belongs.

When a complaint is filed in court, the basic questionsthat ipso facto are to be immediately resolved by the court

on its own:a) What is the subject matter of their complaint

filed before the court? b) Does the court have jurisdiction over the said

subject matter of the complaint before it?Answering these questions inevitably requireslooking into the applicable laws conferring

jurisdiction.

JURISDICTION VERSUS EXERCISE OF

JURISDICTION

Jurisdiction is the power or authority of the court. Theexercise of this power or authority is the exercise of

jurisdiction.

ERROR OF JURISDICTION VS. ERROR OF

JUDGMENT

An ERROR OF JURISDICTION is one where the actcomplained of was issued by the court without or inexcess of jurisdiction. It occurs when the court exercises a

jurisdiction not conferred upon it by law, or when thecourt or tribunal although with jurisdiction, acts in excess

of its jurisdiction or with grave abuse of discretionamounting to lack or jurisdiction.

An ERROR OF JUDGMENT is one which the courtmay commit in the exercise of its jurisdiction. As long asthe court acts within its jurisdiction, any alleged errorscommitted in the exercise of its discretion will amount tonothing more than mere errors of judgment. Errors of

judgment include errors of procedure or mistakes in thecourt‗s findings.

Errors of judgment are correctible by appeal; errors of jurisdiction are correctible only by the extraordinary writ


18/188



of certiorari. Any judgment rendered without jurisdictionis a total nullity and may be struck down at any time,even on appeal; the only exception is when the partyraising the issue is barred by estoppel.

HOW JURISDICTION IS CONFERRED AND

DETERMINED

Jurisdiction is a matter of substantive law because it isconferred by law. This jurisdiction which is a matter ofsubstantive law should be construed to refer only to

jurisdiction over the subject matter. Jurisdiction over theparties, the issues and the res are matters of procedure.The test of jurisdiction is whether the court has the powerto enter into the inquiry and not whether the decision isright or wrong.

It is the duty of the court to consider the question of jurisdiction before it looks at other matters involved in thecase. If the court finds that it has jurisdiction, it is the

duty of the court to exercise the jurisdiction conferredupon it by law and to render a decision in a case properlysubmitted to it. It cannot decline to exercise its

jurisdiction. Failure to do so may be enforced by way ofmandamus proceeding.

Note: Jurisdiction over the subject matter isconferred by substantive law which may either be a

Constitution or statute; while jurisdiction overthe subject matter is determined by the allegationsof the complaint regardless of whether or not the

plaintiff is entitled to the claims asserted therein.

DOCTRINE OF PRIMARY JURISDICTION

Courts will not resolve a controversy involving a questionwhich is within the jurisdiction of an administrativetribunal, especially where the question demands theexercise of sound administrative discretion requiring thespecial knowledge, experience and services of theadministrative tribunal to determine technical andintricate matters of fact.

The objective is to guide a court in determining whether itshould refrain from exercising its jurisdiction until afteran administrative agency has determined some question

or some aspect of some question arising in the proceeding before the court.

DOCTRINE OF ADHERENCE OF JURISDICTION/ CONTINUITY OF JURISDICTION

Once a court has acquired jurisdiction, that jurisdictioncontinues until the court has done all that it can do in theexercise of that jurisdiction. This principle also meansthat once jurisdiction has attached, it cannot be ousted bysubsequent happenings or events and retains that

jurisdiction until it finally disposes of the case.

Even the finality of the judgment does not totally deprivethe court of jurisdiction over the case. What the courtloses is the power to amend, modify or alter the

judgment. Even after the judgment has become final, thecourt retains jurisdiction to enforce and execute it.

OBJECTION TO JURISDICTION OVER THESUBJECT MATTER

When it appears from the pleadings or evidence on recordthat the court has no jurisdiction over the subject matter,the court shall dismiss the same. (Sec. 1, Rule 9). Thecourt may on its OWN INITIATIVE object to anerroneous jurisdiction and may ex mero motu take

cognizance of lack of jurisdiction at any point in the caseand has a clearly recognized right to determine its own

jurisdiction.

Jurisdiction over the subject matter may be raised at any

stage of the proceedings, even for the first time on appeal.When the court dismisses the complaint for lack of

jurisdiction over the subject matter, it is common reasonthat the court cannot remand the case to another courtwith the proper jurisdiction. Its only power is to dismissand not to make any other order.

EFFECT OF ESTOPPEL ON OBJECTION TO

JURISDICTION

The active participation of a party in a case is tantamountto recognition of that court‘s jurisdiction and will bar aparty from impugning the court‘s jurisdiction. The

general rule remains: a court‘s lack of jurisdiction may beraised at any stage of the proceedings even on appeal.The Sibonghanoy applies only to exceptionalcircumstances.

Doctrine of estoppels by laches (in relation to objections to jurisdiction) = the SC barred a belated objection to

jurisdiction that was raised only after an adverse decisionwas rendered by the court against the party raising theissue of jurisdiction and after seeking affirmative relieffrom the court and after participating in all stages of theproceedings.

The SC frowns upon the undesirable practice ofsubmitting one‘s case for decision, and then accepting the

judgment only if favorable, but attacking it for lack of jurisdiction if it is not.

JURISDICTION OVER THE ISSUES

It is the power of the court to try and decide issues raisedin the pleadings of the parties.

An issue is a disputed point or question to which partiesto an action have narrowed down their several allegations


19/188



and upon which they are desirous of obtaining a decision.Where there is no disputed point, there is no issue.

Generally, jurisdiction over the issues is conferred anddetermined by the pleadings of the parties. The pleadingspresent the issues to be tried and determine whether ornot the issues are of fact or law.

a)

may also be determined and conferred bystipulation of the parties as when in the pre-trial,the parties enter into stipulations of facts anddocuments or enter into agreement simplifyingthe issues of the case.

b) may also be conferred by waiver or failure toobject to the presentation of evidence on a matternot raised in the pleadings. Here the parties trywith their express or implied consent or issuesnot raised by the pleadings. The issues tried shall

be treated in all respects as if they had beenraised in the pleadings.

JURISDICTION OVER THE RES OR PROPERTY INLITIGATION

Jurisdiction over the res refers to the court‘s jurisdictionover the thing or the property which is the subject of theaction.

Jurisdiction over the res may be acquired by the court1) by placing the property or thing under its custody

(custodia legis) (the seizure of the thing underlegal process whereby it is brought into actualcustody of law). Example: attachment ofproperty.

2)

through statutory authority conferring upon itthe power to deal with the property or thingwithin the court‘s territorial jurisdiction(institution of a legal proceeding wherein thepower of the court over the thing is recognizedand made effective). Example: suits involving thestatus of the parties or suits involving theproperty in the Philippines of non-residentdefendants.

JURISDICTION OF THE SUPREME COURT

CRIMINAL CASES

EXCLUSIVE ORIGINAL JURISDICTIONPetitions for certiorari, prohibition and mandamus

against CA and Sandiganbayan

CONCURRENT JURISDICTION a) With the CA and RTC: petitions for

certiorari, prohibition and mandamus against

the MTC b) With the CA: petitions for certiorari,

prohibition and mandamus against the RTC

c) with Sandiganbayan: petitions formandamus, prohibition, certiorari, habeascorpus, injunction and ancillary writs in aidof its appellate jurisdiction and over petitionsof similar nature, including quo warrantoarising or that may arise in cases filed orwhich may be filed.

APPELLATE JURISDICTION a) from the RTC in all criminal cases involving

offenses for which the penalty is reclusionperpetua or life imprisonment, and thoseinvolving other offenses which, although notso punished, arose out of the sameoccurrence or which may have beencommitted by the accused on the sameoccasion;

b) Automatic review where death penalty isimposed.

c) By petition for review on Certiorari from the

CA, Sandiganbayan and from the RTCwhere only error or question of law isinvolved

Note: In PP vs. Mateo (2004), the SC held that whilethe Fundamental Law requires a mandatory review

by the SC of cases where the penalty imposed isreclusion perpetua, life imprisonment or death,

nowhere however, has it proscribed an intermediatereview. If only to ensure utmost circumspection

before the penalty of reclusion perpetua, life

imprisonment or death is imposed, the Court nowdeems it wise and compelling to provide in these

cases a review by the CA before the case is elevatedto the SC. A prior determination by the CA on,particularly, the factual issues, would minimize thepossibility of an error of judgment. If the CA shouldaffirm the penalty of reclusion perpetua, lifeimprisonment or death, it could then render

judgment imposing the corresponding penalty as thecircumstances so warrant, refrain from entering

judgment and elevate the entire records of the case tothe SC for final disposition.

CIVIL CASES

EXCLUSIVE ORIGINAL JURISDICTION in petitionsfor certiorari, prohibition and mandamus against the CA,COMELEC, COA, CTA, Sandiganbayan

CONCURRENT JURISDICTION

1) With Court of Appeals in petitions for certiorari, prohibition and mandamus against the RTC, CSC,

Central Board of Assessment Appeals, NLRC,Quasi-judicial agencies, and writ of kalikasan, allsubject to the doctrine of hierarchy of courts.

2) With the CA and RTC in petitions for certiorari,

prohibition and mandamus against lower courts and


20/188



bodies and in petitions for quo warranto, and writs of

habeas corpus , all subject to the doctrine of hierarchy

of courts.3) With CA, RTC and Sandiganbayan for petitions for

writs of amparo and habeas data 4) Concurrent original jurisdiction with the RTC in

cases affecting ambassadors, public ministers and consuls .

APPELLATE JURISDICTION 1) by way of petition for review on certiorari

(appeal by certiorari under Rule 45) againstCA, Sandiganbayan, RTC on pure questionsof law and CTA in its decisions rendered en

banc.2) in cases involving the constitutionality or

validity of a law or treaty, international orexecutive agreement, law, presidentialdecree, proclamation, order, instruction,ordinance or regulation, legality of a tax,impost, assessment, toll or penalty,

jurisdiction of a lower court; and3) all cases in which the jurisdiction of any

court is in issue;4) all cases in which an error or question of law

is involved

Exceptions in which factual issues may be resolved bythe Supreme Court:

a) When the findings are grounded entirely onspeculation, surmises or conjectures;

b) When the inference made is manifestly mistaken,absurd or impossible;

c) When there is grave abuse of discretion;

d)

When the judgment is based on misapprehensionof facts;

e) When the findings of facts are conflicting;f) When in making its findings the CA went

beyond the issues of the case, or its findings arecontrary to the admissions of both the appellantand the appellee;

g) When the findings are contrary to the trial court;h) When the findings are conclusions without

citation of specific evidence on which they are based;

i) When the facts set forth in the petition as well asin the petitioner‗s main and reply briefs are not

disputed by the respondent; j) When the findings of fact are premised on thesupposed absence of evidence and contradicted

by the evidence on record; andk) When the Court of Appeals manifestly

overlooked certain relevant facts not disputed bythe parties, which, if properly considered, could

justify a different conclusion.

JURISDICTION OF THE COURT OF APPEALS

(69 Justices)

CRIMINAL CASES

EXCLUSIVE ORIGINAL JURISDICTION a) Actions for annulment of judgment of the RTCs

b) Crimes of Terrorism under Human Security Actof 2007

CONCURRENT ORIGINAL JURISDICTION a) With the SC: petitions for certiorari, prohibition and

mandamus against the RTC

b) With the SC and RTC: petitions for certiorari,

prohibition and mandamus against the MTC

APPELLATE JURISDICTION

Notice of Appeal:a) From the RTC in the exercise of its original

jurisdiction, except those appealable to theSandiganbayan

b) From the RTC where penalty imposed isreclusion perpetua or life imprisonment or

where a lesser penalty is imposed but foroffenses committed on the same occasion orwhich arose out of the same occurrence thatgave rise to the more serious offense forwhich the penalty of death, reclusionperpetua or life imprisonment is imposed(Sec. 3, Rule 122 as amended by AM No. 00-5-

03-SC ).

Automatic Review (i.e. no notice of appeal isnecessary) from the RTC in cases wherein the deathpenalty is imposed.

Petition for Review from the RTC in cases appealedthereto from the lower courts and not appealable tothe Sandiganbayan.

CIVIL CASES

EXCLUSIVE ORIGINAL JURISDICTION in actions for the annulment of the judgments of the

RTC.

CONCURRENT ORIGINAL JURISDICTION1) With SC to issue writs of certiorari, prohibition

and mandamus against the RTC, CSC, CBAA,other quasi-judicial agencies mentioned in Rule43, and the NLRC (however, this should be filedfirst with the CA as per St. Martin Funeral Homecase), and writ of kalikasan.

2) With the SC and RTC to issue writs of certiorari,prohibition and mandamus (CPM) against lowercourts and bodies and writs of quo warranto,habeas corpus, whether or not in aid of itsappellate jurisdiction, and writ of continuingmandamus on environmental cases.


21/188



3) With SC, RTC and Sandiganbayan for petitionsfor writs of amparo and habeas data where theaction involves public data or government office

EXCLUSIVE APPELLATE JURISDICTION1) by way of ordinary appeal from the RTC and the

Family Courts.

2)

by way of petition for review from the RTCrendered by the RTC in the exercise of itsappellate jurisdiction.

3) by way of petition for review from the decisions,resolutions, orders or awards of the CSC, CBAAand other bodies mentioned in Rule 43 and ofthe Office of the Ombudsman in administrativedisciplinary cases.

4) over decisions of MTCs in cadastral or landregistration cases pursuant to its delegated

jurisdiction; this is because decisions of MTCs inthese cases are appealable in the same manner asdecisions of RTCs.

Note: There is no action to annul the decision of

the CA.

JURISDICTION OF THE COURT OF TAXAPPEALS (UNDER RA 9282 AND RULE 5, AM 05

11 07CTA)

EXCLUSIVE ORIGINAL OR APPELLATE

JURISDICTION TO REVIEW BY APPEAL

1) Decisions of CIR in cases involving disputed

assessments, refunds of internal revenue taxes, fees orother charges, penalties in relation thereto, or othermatters arising under the NIRC or other lawsadministered by BIR;

2) Inaction by CIR in cases involving disputedassessments, refunds of IR taxes, fees or othercharges, penalties in relation thereto, or other mattersarising under the NIRC or other laws administered

by BIR, where the NIRC or other applicable lawprovides a specific period of action, in which case theinaction shall be deemed an implied denial;

3) Decisions, orders or resolutions of the RTCs in localtaxes originally decided or resolved by them in the

exercise of their original or appellate jurisdiction;4) Decisions of the Commissioner of Customs

a. in cases involving liability for customsduties, fees or other charges, seizure,detention or release of property affected,fines, forfeitures or other penalties in relationthereto, or

b. other matters arising under the Customs lawor other laws, part of laws or special lawsadministered by BOC;

5) Decisions of the Central Board of AssessmentAppeals in the exercise of its appellate jurisdictionover cases involving the assessment and taxation of

real property originally decided by the provincial orcity board of assessment appeals;

6) Decision of the secretary of Finance on customs caseselevated to him automatically for review fromdecisions of the Commissioner of Customs which areadverse to the government under Sec. 2315 of theTariff and Customs Code;

7)

Decisions of Secretary of Trade and Industry in thecase of non-agricultural product, commodity orarticle, and the Secretary of Agriculture in the case ofagricultural product, commodity or article, involvingdumping duties and counterveiling duties under Secs.301 and 302, respectively, of the Tariff and CustomsCode, and safeguard measures under RA 8800,where either party may appeal the decision to imposeor not to impose said duties.

EXCLUSIVE ORIGINAL JURISDICTION

1) Over all criminal cases arising from violation of the

NIRC and the TCC and other laws, part of laws, orspecial laws administered by the BIR or the BOCwhere the principal amount of taxes and fees,exclusive of charges and penalties claimed is less thanP1M or where there is no specified amount claimed(the offenses or penalties shall be tried by the regularcourts and the jurisdiction of the CTA shall beappellate);

2) In tax collection cases involving final and executoryassessments for taxes, fees, charges and penaltieswhere the principal amount of taxes and fees,exclusive of charges and penalties claimed is less thanP1M tried by the proper MTC, MeTC and RTC.

EXCLUSIVE APPELLATE JURISDICTION

1)

In criminal offensesa) over appeals from the judgment, resolutions or

orders of the RTC in tax cases originally decided by them, in their respective territorial jurisdiction, and

b) over petitions for review of the judgments,resolutions or orders of the RTC in the exerciseof their appellate jurisdiction over tax casesoriginally decided by the MeTCs, MTCs, andMCTCs in their respective jurisdiction.

2)

In tax collection casesa) over appeals from the judgments, resolutions or

orders of the RTC in tax collection casesoriginally decided by them in their respectiveterritorial jurisdiction; and

b) over petitions for review of the judgments,resolutions or orders of the RTC in the exerciseof their appellate jurisdiction over tax collectioncases originally decided by the MeTCs, MTCsand MCTCs in their respective jurisdiction.


22/188



JURISDICTION OF THE SANDIGANBAYAN

ORIGINAL JURISDICTION in all cases involving

1) Violations of RA 3019 (Anti-Graft and CorruptPractices Act)

2)

Violations of RA 1379 (Anti-Ill-Gotten Wealth Act)3) Sequestration cases (E.O. Nos. 1,2,14,14-A)4) Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC)

where one or more of the principal accused areoccupying the following positions in the government,whether in permanent, acting or interim capacity atthe time of the commission of the offense:a) Officials of the executive branch occupying the

positions of regional director and higher,otherwise classified as Grade 27 and higher, ofthe Compensation and Position ClassificationAct of 1989 (RA 6758)

b) Members of Congress and officials thereof

classified as G-27 and up under RA 6758c) Members of the Judiciary without prejudice to

the provisions of the Constitutiond) Chairmen and Members of the Constitutional

Commissions without prejudice to the provisionsof the Constitution

e) All other national and local officials classified asGrade 27 and higher under RA 6758

f) Other offenses or felonies committed by thepublic officials and employees mentioned in Sec.4(a) of RA 7975 as amended by RA 8249 inrelation to their office

g) Civil and criminal cases filed pursuant to and in

connection with EO Nos. 1, 2, 14-A (Sec. 4, RA8249)

Note: Without the office, the crime cannot becommitted.

APPELLATE JURISDICTION - from the RTC in casesunder PD 1606, as amended by PD 1861, whether or notthe cases were decided b them in the exercise of theiroriginal or appellate jurisdictions.

CONCURRENT ORIGINAL JURISDICTION WITHSC, CA AND RTC for petitions for writs of habeas data

and amparo

The requisites that the offender the offender occupiessalary Grade 27 and the offense must be intimatelyconnected with the official function must concur forthe SB to have jurisdiction – Justice Magdangal De Leon

JURISDICTION OF THE REGIONAL TRIAL

COURTS

CRIMINAL CASES


1) Offenses punishable with imprisonment whichexceeds 6 years imprisonment

2)

Offenses not within the exclusive jurisdiction of anycourt, tribunal or body, except those falling under theexclusive jurisdiction of the Sandiganbayan Note: In cases where the only penalty is fine, the

amount thereof shall determine jurisdiction. Ifthe amount exceeds P4,000, the RTC has

jurisdiction.3) Family Court – Criminal Cases

a) One or more of the accused is/are below 18years old but not less than 9 years old;

b) Where one of the victims is a minor at thetime of the commission of the offense;

c) Cases against minors cognizable under theDangerous Drugs Act;

d)

Violations of RA 7610, otherwise known asthe ―Special Protection of Children AgainstChild Abuse, Exploitation andDiscrimination Act‖ as amended by RA7658; and

e) Cases of domestic violation against womenand their children.

APPELLATE JURISDICTION All cases decided by the MTC in their

respective territorial jurisdiction.

CIVIL CASES


1) The action is incapable of pecuniary estimation (suchas rescission of contract, action to revive judgment,

declaratory relief (1 st part), support, expropriation)

2) Title to, possession of, or interest in, real property

with assessed value exceeding P20,000 outside Metro

Manila, or exceeds P50,000 in Metro Manila

3) If the amount involved exceeds P300,000 outside

MM or exceeds P400,000 in MM in the followingcases:

a) Admiralty and maritime cases b) Matters of Probate (testate and intestate)c) Other actions involving personal propertyd) Demand for money

4) Cases not falling within the jurisdiction of any court,tribunal, person or body exercising judicial or quasi-

judicial functions (general jurisdiction of RTC)

5) All actions involving the contract of marriage and

family relations


23/188



JURISDICTION OF FAMILY COURTS (RA 8369)a) Petitions for guardianship, custody of children

and habeas corpus involving children b) Petitions for adoption of children and the

revocation thereofc) Complaints for annulment of marriage,

declaration of nullity of marriage and thoserelating to status and property relations ofhusband and wife or those living together underdifferent status and agreements, and petitions fordissolution of conjugal partnership of gains

d) Petitions for support and/or acknowledgmente) Summary judicial proceedings brought under the

provisions of EO 209 (Family Code)f) Petitions for declaration of status of children as

abandoned, dependent or neglected children,petitions for voluntary or involuntarycommitment of children, the suspension,termination or restoration of parental authority

and other cases cognizable under PD 603, EO 56(1986) and other related laws

g) Petitions for the constitution of the family home In areas where there are no Family

Courts, the above-enumerated casesshall be adjudicated by the RTC (RA8369)

6) To hear and decide intra-corporate controversies Sec. 52, Securities and Regulations Code):

a) Cases involving devises or schemes employed byor any acts, of the board of directors, business

associates, its officers or partnership, amountingto fraud and misrepresentation which may bedetrimental to the interest of the public and/or ofthe stockholders, partners, members ofassociations or organizations registered with theSEC

b) Controversies arising out of intra-corporate orpartnership relations, between and amongstockholders, members or associates; betweenany or all of them and the corporation,partnership or association of which they arestockholders, members or associates,respectively; and between such corporation ,

partnership or association and the state insofar asit concerns their individual franchise or right toexist as such entity

c) Controversies in the election or appointments ofdirectors, trustees, officers or managers of suchcorporations, partnerships or associations

d) Petitions of corporations, partnerships orassociations to be declared in the state ofsuspension of payments in cases where thecorporation, partnership of association possessessufficient property to cover all its debts butforesees the impossibility of meeting them whenthey respectively fall due or in cases where the

corporation, partnership of association has nosufficient assets to cover its liabilities, but isunder the management of a RehabilitationReceiver or Management Committee.

CONCURRENT JURISDICTION

1)

with the Supreme Court in actions affectingambassadors, other public ministers and consuls

2) with the SC and CA in petitions for certiorari,prohibition and mandamus against lower courtsand bodies in petitions for quo warranto, habeascorpus, and writ of continuing mandamus onenvironmental cases

3) with the SC, CA and Sandigabayan in petitionsfor writs of habeas data and amparo

4) With Insurance Commissioner – claims notexceeding P100,000

APPELLATE JURISDICTION over cases decided by

lower courts in their respective territorial jurisdictionsexcept decisions of lower courts in the exercise of delegated

jurisdiction.

SPECIAL JURISDICTION – SC may designate certain branches of RTC to try exclusively criminal cases, juvenile and domestic relations cases, agrarian cases,urban land reform cases not falling within the jurisdictionof any quasi-judicial body and other special cases in theinterest of justice.

JURISDICTION OF METROPOLITAN TRIALCOURTS/MUNICIPAL TRIAL COURTS

CRIMINAL CASES


1) Cases covered by Summary proceedingsa) Violations of city or municipal ordinances

including traffic laws b) Violation of rental lawc) Violation of traffic laws, rules and regulationsd) Violation of BP 22 (Bouncing Check Law)

effective April 15, 2003

e)

All other criminal cases where the penalty isimprisonment not exceeding 6 months and/orP100,000 fine irrespective of other penaltiesarising therefrom

2) offenses punishable with imprisonment not exceedingsix (6) years irrespective of the amount of fine, andregardless of other imposable accessory or otherpenalties, including the civil liability arising fromsuch offenses or predicated thereon, irrespective ofthe kind, nature, value or amount thereof; providedhowever, that in offenses involving damage toproperty through criminal negligence, they shall have


24/188



exclusive original jurisdiction thereof (Sec. 2, RA7691).

3) Offenses involving DAMAGE TO PROPERTYthrough CRIMINAL NEGLIGENCE where theimposable fine is not exceeding P10,000

Note: In cases where the only penalty is fine,

the amount thereof shall determine jurisdiction. If the amount does not exceedP4,000, the MTC has jurisdiction.

4) All offenses (except violations of RA 3019, RA 1379and Arts. 210 to 212, RPC) committed by publicofficers and employees in relation to their office,including those employed in GOCCs, and by privateindividuals charged as co-principals, accomplices oraccessories, punishable with imprisonment of notmore than 6 years OR where none of the accusedholds a position of salary Grade 27 and higher.

CIVIL ACTIONS


1) If the amount involved does not exceed P300,000

outside MM or does not exceed P400,000 in MM inthe following cases:

a) Actions involving personal property b) Probate Proceeding (testate and intestate)

based on gross value of the estatec) Admiralty and maritime casesd) Demand for money Note: Do not include Interest, Damages of

whatever kind, Attorney‘s fees, Litigation

Expenses, and Costs (IDALEC). However,in cases where the claim or damages is themain cause of action, or one of the causes ofaction, the amount of such claim shall beconsidered in determining the jurisdiction ofthe court.

2) Actions involving title to, or possession of, realproperty, or any interest therein where the assessedvalue of the property or interest therein does notexceed P20,000 outside MM or does not exceed

P50,000 in MM3) Inclusion and exclusion of voters

4)

Those governed by the Rules on Summary