Remedial Law Riano

8/13/2019 Remedial Law Riano

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Civil Procedure (Riano) 1

I. COMPLAINTA. RIGHT AND CAUSE OF ACTIONB. JURISDICTION, VENUE AND PARTIES, PRESCRIPTION

AND CONDITIONS PRECEDENT

If a cause of action exists, determine the court that

should take cognizance of the action. Look into the

laws on jurisdiction.

REASON

- As a fundamental principle, the plaintiff is obligated tofile his complaint in the court upon which the law has

conferred jurisdiction over the subject matter of the

action.

CONSEQUENCE OF FILING THE COMPLAINT IN THE WRONG

COURT

- ground for dismissal of the complaint either upon propermotion by the adverse party or upon the courts own

discretion (motu proprio)

Determine the place where the action is to be filed.

VENUE

- Place where the action is filedVENUE OF AN ORDINARY CIVIL ACTION

- Real actiono The action shall be commenced and tried in the

place where the real property involved or a

portion thereof is situated

- Personal actiono Where the plaintiff resides, oro Where the defendant resideso In case of non-resident defendant: where he

may be found at the election of the plaintiff

POSSIBLE RESTRICTIVE STIPULATION ON VENUE

- Place stipulated as the only venueo If the parties have agreed on an exclusive venue

in writing

o prior to the filing of the action ando the agreed venue is contemplated to be

exclusive

Determine whether the plaintiff is the real party in

interest

REAL PARTY-IN-INTEREST

-

one who stand to be benefited or injured by thejudgment in the suit, or

- one entitled to the avails of the suitDetermine who are to impleaded as defendants. Comply with

the rules on parties.

REASON; IMPORTANCE

- As a rule, a suit can be commenced only against oneaverred to have violated plaintiffs rights

Determine if the action is barred by the statute oflimitations. Look into the rules on prescription of

actions.

REASON

- If the right of action has ceased or has prescribed, it isone of the well-recognized ground for dismissal of the

complaint

CONSEQUENCE

- If it appears from the pleadings or evidence on recordthat the action has prescribed, the court is mandated to

dismiss the claim

o Dismissal on the basis of prescription bars there-filing of the same action or claim

Determine if the action requires the performance of

conditions precedent

RULE

- Compliance must be alleged in the complainto General averment is sufficient

SOME CONDITIONS PRECEDENT

- Barangay conciliation- Arbitration processes- Conditions which constitute elements of the plaintiff

cause of action

o Demand


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o Between family members, attempts to have thecontroversy settled and compromised by virtue

of Art.151 of the FC

o Exhaustion of administrative remedies

C.

PREPARATION OF THE COMPLAINT

CONTENTS

1. Statement only of the ultimate facts whichconstitute a partys claim or defense

- Must be alleged plainly, concisely, and directlyin a methodical and logical form

- Omit statements constituting mere evidentiaryfacts and conclusions of law

o Why? Evidentiary matters are to bepresented in the trial, and conclusions

are to be made by the court, not by aparty

2. General and Specific averments- Circumstances that must be averred generally

o Maliceo Intento Knowledge or other condition of the

mind

- Circumstances that must be averred withparticularity

o Fraudo Mistake

3. Reliefs sought- RULES

o Specify the relief sought Addition of a general prayer

allowed: Such other reliefs as

the court may deem just and

equitable

o Nature of the cause of action isprimarily determined by the allegations

in the body of the complaint and not by

the prayer4. Date and Signature by the party or by counsel

- Mandatory requirements- Effect of unsigned pleading

o Produce no legal effect- Effect of counsels signature on the pleading

o Constitutes a certificate by him that hehas read the pleading, that to the best

of his knowledge, information, and

belied, there are good grounds to

support it, and that it is not interposed

for delay

5. Address of the party or counsel-

Should not be a post-office box6. Necessity of verification

- GR: A pleading need not be verified- XPN: unless it is specifically mandated by law o

by a particular rule

o Examples All pleadings under Rules on

Summary Procedure

Petitions for certiorariprohibition and mandamus

7. Certification against forum shopping- Plaintiff certifies that

o He has not commenced any action oro filed any claim involving the same

issues in any other tribunal

- Consequenceo Ground for the dismissal of the

complaint upon motion and afte

heaing

8. Necessity of Provisional RemediesD. FILING OF THE COMPLAINTFiling of the complaint is the act of presenting the same

before the clerk of court.

Filing of the complaint enables the court to acquire

jurisdiction over the person of the plaintiff

RULES

1. The filing must be accompanied by the payment othe requisite docket and filing fees

- Why? As a rule, the court acquires jurisdictionover the case only upon the payment ofprescribed fees

- Consequence of non-paymento GR: the complaint shall be considered

not filed

o WHY? Payment of the full amount ofthe docket fee is mandatory and

jurisdiction.


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o XPN: in some cases where SC relaxedthe rule

ie. When payment of the feemay be filed within a

reasonable time but not

beyond the prescriptive period Effect: If fees are not paid at

the time of filing, the court

acquires jurisdiction only upon

full payment of the fees within

reasonable time as the court

may grant, barring

prescription

2. On appeal, payment of docket fees within prescribedperiod is mandatory

- GR: Payment of docket fees is mandatory for theperfection of appeal

o Why? Court acquires jurisdiction overthe subject matter of the action upon

the payment of the correct amount of

docket fees regardless of the actual

filing case in court

- XPN: instances where rule has been applied withliberality

E. POSSIBLE PROCEEDINGS AFTER THE FILING OF THECOMPLAINT

RULES

1. Dismissal of the action by the plaintiff (dismissing hisown complaint)

- If the dismissal is to be made before the adverseparty has served an answer or a motion for

summary judgment

o Complaint may be dismissed by merefiling of a notice of dismissal

Effect: GR: dismissal without

prejudice to it being

refiled later

XPN:a. Otherwise stated

in the notice of

dismissal

b. Two dismissalrule

o When theaction had

already been

previously

dismissed

twice by theplaintiff

o Within the sole discretion of plaintiff Confirmation by the court

through an order is only a

matter of course

- If the dismissal is to be made after the service othe answer or a motion for summary judgment

o Plaintiff must file a Motion to dismisshis complaint

Grant or denial is discretionaryupon the court

Why? This type odismissal is no longe

a matter of right

Effect if granted Only the complaint is

dismissed

Counterclaim alreadypleaded prior to the

service upon the

defendant of the

motion for dismissais not affected by the

dismissal of the

complaint

o Defendantmay

prosecute

the

counterclaim

in the same

or separate

action

o Effect of dismissal GR: Without prejudice XPN: unless otherwise stated

in the order of the court

2. Amendment of the complaint- When as a matter of right


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o If amendment is made before the otherparty has served a responsive pleading

o Can be made only onceo Remedy if court refuses to accept the

amendment

Special civil action ofmandamus

- When leave of court is necessaryo If amendment is sought after the

responsive pleading has been served

o Grounds to refuse amendment Intended for delay Would result in a drastic

change in the cause of action

or defense or change in the

theory of the case

When amendment is for thepurpose of conferring

jurisdiction and the court has

no jurisdiction over the

subject for the action

- When amendment by implicationo When issues not raised in the pleadings

are tried with the express or implied

consent of the parties

When? No objection isinterjected on the evidence

offered on a matter not raisedin the pleadings

Effect: pleadings may beamended to conform to the

evidence

Failure to amend thepleadings will not

affect the result of

the trial on said issues

II. SUMMONS; MOTION FOR BILL OFPARTICULARS; MOTION TO DISMISS

Upon filing of the complaint and the payment of the

requisite legal fees, clerk of court shall issue the

corresponding summons to the defendant.

HOW JURISDICTION ACQUIRED OVER THE PERSON OF

THE DEFENDANT

1. Voluntary appearance of the defendant2. Service of summons

SUMMONS- Coercive process which places the person, even

of the unwilling defendant, under the

jurisdiction of the court.

- Represents compliance with the rule on noticeo Essential element of due process

CONTENT OF SUMMONS

- Directing the defendant to file an answer to thecomplaint

o Otherwise judgment against him maybe rendered by default

- Copy of the summonSERVICE OF SUMMONS

GENERAL RULES

1. To the defendant in person (Personal service)2. Substituted service

- If the defendant cannot be served despiteefforts to serve him in person

- How?a. Service at the residence of the defendantb. Service at his regular place of business with

a person qualified to so receive the

summons

*As a rule, summons by publication is not a

recognized mode of service for the purpose of

acquiring jurisdiction over the person of the

defendant.

FOR CERTAIN CLASSES OF DEFENDANTS

1. Minor, or incompetenta. Service shall be made upon him personally;

and

b. Incompetent: On his legal guardian, if hehas one or upon his guardian ad litem

c. Minor: upon his father or mother2. Domestic corporation, partnership

a. Presidentb. Managing partner


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c. General managerd. Corporate secretarye. Treasurerf. In-house counsel

3. Prisoner confined in jail or institutiona.

upon the prisoner through the office havingmanagement of the jail or institution

o manager is deemed deputized as aspecial sheriff for such purpose

The defendant has procedural options before filing

his answer.

MOTION FOR BILL OF PARTICULARS

- Procured by the adverse party- Submitted by the plaintiff upon the order of the

court

- To clarify alleged ambiguities in any pleading(complaint or motion)

MOTION TO DISMISS

- If from the reading of the complaint, a solidbasis exists for the immediate dismissal of the

action, the defendant instead of filing his

answer, files a motion to dismiss

- Grounds to be invoked by the other partyo Under Rules of Summary Procedureo Under Rules of Court

- Grounds to be recognized by the court motuproprio

o Lack of jurisdiction over the subjectmatter

o Litis pendenciao Res judicatao Prescription

III. ANSWER; DEFAULTIf there exists no ground for motion to dismiss or

rightfully denied, defendant must file his answer.

ANSWER

- Responsive pleading to the complaint- Contains both the negative and affirmative

defenses of the defendant

- Gives notice to the plaintiff as to whichallegations in the complaint he decides to

contest and put in issue

CONTENTS OF ANSWER

-

Specific denial of the material averments of thecomplaint

o Why? Material averments notspecifically denied are deemed

admitted

- Admission of material avermentso Answer is deemed to have failed to

tender an issue, trial is unnecessary

Plaintiff may file a motion fojudgment on the pleadings

Court may direct ajudgment based onthe pleadings already

filed

Judgment on the

pleadings

Summary

judgment

Rendered because, as

disclosed by the

pleadings, there is no

issue in the case:

- Answer failsto tender an

issue, or- Answer

admits the

material

allegations

of the

complaint

Rendered due to

absence o

genuine issue in

the case

the issue does not

concern any

material fact i.eamount o

damages

Based on the pleadings of

the parties

Based not only on

the pleadings o

the parties but

also on thei

affidavits,

depositions, o

admissions

FAILURE TO FILE AN ANSWER; CONSEQUENCE

GR:

- The defendant may be declared in default


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o Defendant loses his standing in courtand the court may proceed to render

judgment granting the plaintiff the

relief as his complaint may warrant

Unless the court in itsdiscretion requires the plaintiffto submit evidence on his

claim

XPN

- Default order will not be issued in:o Actions for annulment of marriageo Action for declaration of nullity of

marriage

o Action for legal separation*the court, instead, shall order the prosecuting attorney

to investigate whether collusion exists between the parties

PROCEDURE TO DECLARE DEFENDANT IN DEFAULT

- Motion to declare defendant in defaulto Submitted by the plaintiffo Together with proof of such failure

- Courts declaration of defaulto The court is precluded from declaring

the defendant in default on its motion

RIGHTS OF DEFENDANT IN DEFAULT

- Notice of subsequent proceedings- Obtain relief from such order

RELIEF FROM ORDER OF DEFAULT

- How? File a motion under to oath to set asidethe order of default

- When? After notice, Before judgment- Why? The motion must show that his failure to

answer was due to:

o Fraud, Accident, Mistake, or Excusablenegligence, and

o He has meritorious defenseJUDGMENT RENDERED AGAINST A PARTY IN DEFAULT

- Rule: It shall not exceed or be different in kindfrom that prayed for nor award unliquidated

damages

When the defendant files his answer, it may be

coupled with a pleading in his own right.

COUNTERCLAIM

- Pleading which sets forth a claim which adefending party may have against an opposingparty.

- Always directed against an opposing partyKINDS OF COUNTERCLAIM

1. Compulsory counterclaim- Must be filed at the time defendant files his

answer

2. Permissive counterclaim- Does not have to be raised in the same

proceedings

o Why? by its nature, it could invoked asan independent action

CROSS-CLAIM

- Pleading containing the claim by one partyagainst a co-party

- When there are two or more defendants, andone defendant has a claim against his co-

defendant

- The claim must arise from the same transactionor occurrence which is the subject matter of the

complaint

THIRD-PARTY COMPLAINT

- When?: a defendant named in the complainhas a cause of action against one who is not a

party to the action

- Why?:o Contributiono Indemnityo Subrogationo Other relief in respect to plaintiffs

claim- How?: file a third-party complaint, with leave of

court

INTERVENTION

- Who? A person not a party to the action- When? at any time before judgment


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- Why? Believes that he has legal interest in thematter in litigation

- How? With leave of courto File a complaint-in-intervention, if he

asserts a claim against one or all of the

parties in the actiono File a answer-in-intervention, if he

unites with the defending party in

resisting a claim

Upon receipt of the answer of the defendant,

plaintiff may file his response to the answer.

REPLY

- Plaintiffs responsive pleading to the answer ofthe defendant to the complaint

- Not a compulsory pleadingo Cannot lead to declaration in defaulto Cannot result in implied admission of

the material allegations in the answer

- Purpose: to deny or allege facts in denial oravoidance of new matters alleged in the answer

IV. PRE-TRIALAfter the last pleading has been served and filed, it is

the duty of the plaintiff to promptly move ex partethat the case be set for pre-trial

PRE-TRIAL

- Mandatory- The parties, among others, shall consider the

possibility of an amicable settlement or

submission of the case to alternative modes of

dispute resolution

- Failure to appear by either party will result inadverse consequences for the absent party

During pre-trial and generally at any time before pre-

trial or trial, the parties may employ discovery procedures.

MODES OF DISCOVERY

- Devices parties may employ to obtaininformation from each other

- Modes

a. Depositionb. Interrogatories to partiesc. Request for admissiond. Production and inspection of documentse. Physical and mental examinations o

persons

V. TRIALShould there be no amicable settlement or

compromise between the parties, the case will be set for trial.

TRIAL

- Parties present their evidence on their claimsand defenses

- Not an indispensable stage of civil actionORDER OF PRESENTING EVIDENCE

1. Plaintiff presents his evidence2. Plaintiff rests his case3. Defendant presents his evidence, or move fo

dismissal of the case

a. Demurrer to evidence: if the defendantbelieves that upon the facts and the law

the plaintiff is not entitled to relief, he may

instead of presenting his own evidence

move for dismissal of the case

If demurrer is denieddefendant still has the right to

present his evidence

If demurrer is granted, but onappeal, the order of dismissa

is reversed: defendant is

deemed to have waived his

right to present evidence

VI. JUDGMENTJUDGMENT

- Rendered after the submission of the evidenceof the parties has been conducted

- Decision of the court and represents its officiadetermination of the respective rights and

obligations of the parties to the case

FORM OF JUDGMENT


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- In writing- Personally and directly prepared by the judge- Stating clearly the facts and the law on which it

is based

- Signed by him-

Filed with the clerk of court

DATE OF ENTRY OF JUDGMENT

- Also the date of the finality of the judgment- Relevance:

o When the judgment is to be executedo When the litigant files a petition for

relief of judgment

VII. POST JUDGMENT REMEDIES

Judgment is not the end for the losing party. He isafforded remedies against the adverse judgment

REMEDIES AGAINST ADVERSE JUDGMENT

1. Remedies before the judgment becomes final andexecutory

a. Motion for reconsiderationb. Motion for new trialc. Appeal

2. Remedies after the judgment becomes final andexecutory

a. Petition for reliefb. Action to annul judgmentc. Certiorarid. Attack the judgment collaterally when the

nullity of the judgment is plain and evident

on its face

VIII. EXECUTION AND SATISFACTION OF JUDGMENTSWhen all the remedies available have been

exhausted and the case is finally decided, the

judgment shall be subject to execution

EXECUTION

- Remedy afforded by procedural rules for theenforcement of the judgment

- Fruit as well as the end of the actionMOTION FOR THE EXECUTION OF JUDGMENT

- When?o Judgment has become final and

executory

o Within 5 years from its entry- Who?

oPrevailing party

CHAPTER II

JURISRDICTION AND VENUE

I. JURISDICTIONA. JURISDICTION IN GENERAL

JURISDICTION

- Power and authority of the court to hear, tryand decide a case

- Authority to execute the decisions rendered bythe court

*Jurisdiction does not attach to the judge but to the court.

*Jurisdiction does not refer to the decision itself but the

authority to decide a case.

TEST OF JURISDICTION

- Whether the court has the power to enter intothe inquiry and not whether the decision is right

or wrong

DUTY OF THE COURT TO DETERMINE AND EXERCISE

JURISDCTION

- A court having jurisdiction over a case has notonly a right, the power or the authority but also

the duty to exercise that jurisdiction and to

render a decision in case properly submitted to

it.

o Remedy of aggrieved party: Mandamusproceeding

o Limitations: Doctrine of forum non

conveniens

Abuse of legal processes isinherent


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- Courts are bound to take notice of the limits oftheir authority

o When the lack of jurisdiction isapparent on the face of the complaint

or petition, the court may dismiss motu

proprio

EFFECT OF LACK OF JURISDICTION

- GR: proceedings conducted or decisions madeby a court are legally void where there is

absence of jurisdiction over the subject matter

- Effecto If jurisidictional effect appears on the

face of the record: decision may be

subject of collateral attack

o Lack of jurisdiction over the subjectmatter appears on the face of therecord: appellate court may dismiss the

action on its own initiative.

ASPECTS OF JURISDICTION

1. Jurisdiction over the subject matter2. Jurisdiction over the parties3. Jurisdiction over the issues of the case4. Jurisdiction over the res or thing involved in the

litigation

B. JURISDICTION OVER THE SUBJECT MATTERSUBJECT MATTER; DEFINED

- Items with respect to which the controversy hasarisen, or concerning which the wrong has been

done, and the right, the thing, or the contract

under dispute

JURISDICTION OVER THE SUBJECT MATTER; DEFINED

- Power of a particular court to hear the type ofcase that is then before it

- Jurisdiction of the court over the class of casesto which a particular case belongs

- i.e. real actions, personal actions, actionsincapable of pecuniary estimation

JURISDICTION OVER THE SUBJECT MATTER; HOW

CONFERRED

- Conferred by lawstatute or Constitution

- Consequenceso It cannot be granted by the agreement

of the parties

o Acquired, waived, enlarged odiminished by any act or omission of

the partieso Conferred by the acquiescence of the

courts

JURISDICTION OVER THE SUBJECT MATTER; HOW

DETERMINED

- GR: Determined by the allegations in thecomplaint or initiatory pleading

o Averments in the complainto Character of the relief sought

- XPN:o In ejectment cases, where after hearing

and reception of evidence, it is found

that the real issue to be tenancy

- Defenses in the answer are deemed irrelevantand immaterial in its determination

- Jurisdiction does not depend on the amountultimately substantiated and awarded by the

court

o Does not apply in reverseJURISDICTION vs EXERCISE OF JURISDICTION

JURISDICTION EXERCISE OF JURISDICTION

Power or authority of the

court

Exercise of the power o

authority

ERROR OF JURISDICTION vs ERROR OF JUDGMENT

ERROR OF JURISDICTION ERROR OF JUDGMENT

One where the act

complained of was issued by

the court without or in

excess of jurisdiction

Presupposes that the court is

vested with jurisdiction ove

the subject matter of the

action but in the process o

exercising that jurisdiction itcommitted mistakes in the

appreciation of the facts and

the evidence leading to an

erroneous judgment

Includes errors procedure, o

mistakes in the courts

findings

Proceedings and judgment is Not a void judgment


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an absolute nullity

GR: judgment may be struck

down at any time, even on

appeal.

XPN: when the party raising

the issue is barred by

estoppel

Judgment cannot be

collaterally attacked or

impeached.

GR: binding on the parties

XPN: reversed or annulled in

a direct proceedingCorrectible only by way of

extraordinary writ of

certiorari

Correctible by appeal

LACK OF JURISDICTION vs EXCESS OF JURISDICTION

LACK OF JURISDICTION EXCESS OF JURISDICTION

When the court or tribunal is

not vested by law with

authority or power to take

cognizance of a case

Presupposes the existence of

an authority for the court to

assume jurisdiction over a

case but in the process of the

exercise of that authority, itacts beyond the power

conferred upon it.

CAUSE OF ACTION; DEFINITION

- Act or omission by which a party violates a rightof another (Sec.2, Rule 2, ROC)

- Not what the designation of the complaintstates, but what the allegations in the body of

the complaint define and describe

DOCTRINE OF ADHERENCE OF JURISDICTION (CONTINUITY OFJURISDICTION)

- Once jurisdiction has attached, it cannot beousted by subsequent happenings or events

- The court, once jurisdiction has been acquired,retains that jurisdiction until it finally disposes of

the case

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

it

- Also applies to criminal casesLAW WHICH GOVERNS JURISDICTION

- GR: statute in force at the time of thecommencement of the action determines the

jurisdiction of the court

- XPN: in criminal caseso There is an express provision in the

statute

o The statute is clearly intended to applyto actions pending before its

enactment

OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER

-

How?a. Court motu proprio (S1, R9)

o When it is apparent on the pleadings oevidence on record

o Courts authority is to dismiss thecomplaint and not to make any othe

order i.e. refer or forward the case to

another court with proper jurisdiction

b. Motion to dismisso Earliest opportunity of a party to raise

the issue of lack of jurisdiction

o Filed before the filing or service of ananswer (S1(b), R16)

c. Affirmative defenseo If no motion to dismiss is filed, lack o

jurisdiction over the subject matte

may be raised in the answer

- When?o GR: May be raised at any stage of the

proceedings even for the first time on

appeal

o XPN: estoppel Partys active participation in

all stages of a case

Including invoking theauthority of the court in

seeking affirmative relief

Questioning the courtsjurisdiction only after receiving

a ruling or decision adverse to

his case (Tijam v Sibonghanoy)

*Exception by estoppel also applies in administrative

proceedings

OMNIBUS MOTION RULE

- A motion attacking a pleading, order, judgmentor proceeding shall include all objections then

available, and all objections not so included shal

be deemed waived (S8, R15)

- Covers motion to dismiss


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- GR: Defenses not raised are considered waived- XPNS: (S1, R9)

a. Lack of jurisdictionb. Litis pendentiac. Res Judicatad.

Prescription

C. JURISDICTION OVER THE PARTIESJURISDICTION OVER THE PERSON; DEFINED

- Legal power of the court to render a personaljudgment against a party to an action or

proceeding

JURISDICTION IN PERSONAM; DEFINED

- Power which a court has over the defendantsperson

- Required before a court can enter a personal oran in personamjudgment

o Decision in personam imposes aresponsibility or responsibility or

liability upon a person directly, and

binds him personally

JURISDICTION OVER THE PERSON; HOW ACQUIRED

1. Plaintiffa. Filing of the complaint or petition

2. Defendanta. Civil cases: voluntary appearance in court

and his submission to its authority

GR: Appearance to that seeksaffirmative relief

XPN: when the relief sought isfor the purpose of objecting to

the jurisdiction of the court

over the person of the

defendant

Examples Defendant files the

corresponding

pleadings

Defendant filesmotion for

reconsideration of

the judgment by

default

Defendant files apetition to set aside

the judgment o

default Parties jointly submit

a compromise

agreement fo

approval of the court

b. Service of summonsJURISDICTION OVER THE PERSON; WHEN REQUIRED

- GR: only in an action in personamo Why? Jurisdiction over the person of

the defendant is not required in an

action in remand quasi in rem

ACTION IN

PERSONAM

ACTION IN REM ACTION QUASI IN

REM

An action against

a person on the

basis of his

personal liability

An action against

the thing itself. It

is directed against

the thing itself

i.e.

Petition for

adoption

Annulment ofmarriage

Correction of

entries in birth

certificate

Forfeiture

proceedings

One wherein an

individual is

named as

defendant and the

purpose of the

proceeding is to

subject his

interest therein tothe obligation o

lien burdening the

property

Directed against

specific persons

and seek personal

judgments

Directed against the thing or property

or status and seek judgments with

respect thereto as against the whole

world

Jurisdiction over

the person of the

defendant is

necessary

Jurisdiction over the person is not

required provided the court acquires

jurisdiction over the res

Summons must be served upon the

defendant to satisfy requirements o

due process

OBJECTIONS TO JURISDICTION OVER THE PERSON OF

DEFENDANT

1. Ground for motion to dismiss


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- Defense of lack of jurisdiction over the person ofthe defendant must be pleaded in the same

motion where such ground is available at the

time the motion is filed

o Why? Omnibus Motion Rule. It is notone of those defenses which are notdeemed waived under S1, R9.

2. Pleaded as an affirmative defense in the answer*If the objection is not raised, it is deemed waived. Why? S1,

R9

*The rule allows the raising of defenses in addition to lack of

jurisdiction over the person of the defendant without creating

an inference of a voluntary submission to the jurisdiction of

the court (S20, R14)(La Naval v CA)

D. JURISDICTION OVER THE ISSUESISSUE; DEFINED

- Disputed point or question to which parties toan action have narrowed down their several

allegations and upon which they are desirous of

obtaining a decision

- Arises because a material allegation of aclaiming party is specifically denied by the

defending party

JURISIDICTION OVER THE ISSUES; DEFINED

- Power of the court to try and decide issuesraised in the pleadings of the parties

JURISDICTION OVER THE ISSUES; HOW CONFERRED AND

DETERMINED

1. By the pleadings of the parties2. By stipulation of the parties

- in the pre-trial, the parties enter intostipulations of facts and documents or enter

into an agreement simplifying the issues (S2,R18)

3. By waiver or failure to object to the presentation ofevidence on a matter not raised in the pleadings

- Parties try with their express or implied consentissues not raised in the pleadings. It shall be

treated in all respects as If they had been raised

in the pleadings (S5, R10)

o Upon motion of any party, thepleadings may be amended to conform

to the evidence

But failure to amend does notaffect the result of the trial o

the issues Why? The pleadings

are deemed impliedly

amended to embody

the issues tried with

the consent of the

parties

JURISDICTION OVER THE ISSUE vs. JURISDICTION OVER THE

SUBJECT MATTER

JURISDICTION OVER THE

ISSUE

JURISDICTION OVER THE

SUBJECT MATTER

Conferred, as a rule, by the

pleadings, consent either of

the parties

Conferred by law

QUESTION OF LAW vs. QUESTION OF FACT

The issue in a case may either one of law or of fact.

QUESTION OF LAW QUESTION OF FACT

When the doubt arises as to

what the law is on a certain

set of facts

When the doubt o

difference arises as to the

truth or falsehood of the

alleged facts

Does not involve an

examination of the probative

value of the evidence

presented by the litigants or

any of them. Resolution of

the issue rests solely on what

the law provides on the given

set of circumstances

E. JURISDICTION OVER THE RES (PROPERTY INLITIGATION)

RES, DEFINED

- A thing, an object- Everything that may form an object of rights


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- Includes an object, subject-matter, or statusJURISDICTION OVER THE RES, DEFINED

- Courts jurisdiction over the ting or the propertywhich is the subject of the action

-

Necessary when the type of action iso Action in remo Action quasi in rem

JURISDICTION OVER THE RES; HOW ACQUIRED

1. By placing the property or the thing under thecustody of the court (custodial legis)

2. By constructive seizurea. Attachment of propertyb. Publication and service of notice (in land

registration cases)

3. By statutory authority conferring upon the court thepower to deal with the property or thing within its

territorial jurisdiction

a. Suits involving the status of the partiesb. Suits involving property in the Philippines of

non-resident defendants

EXTENT OF RELIEF WHEN JURISDICTION IS ONLY OVER THE

RES

- Any relief granted in rem or in quasi in remactions must be confined to the res

- The court cannot validly render a judgmentagainst the defendant


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F. JURISDICTION OF THE SUPREME COURTExclusive original jurisdiction Concurrent Original Jurisdiction Appellate Jurisdiction

Petitions for certiorari,

prohibition and mandamus

against

1. CA2. COMELEC3. COA4. Sandiganbayan5. CTA

With the CA

Petitions for certiorari, prohibition

and mandamusagainst

1. RTC2. CSC3. CBAA4. NLRC5. Other quasi-judicial

agencies

By way of Petition for review on certiorari (appeal

by certiorari under Rule 45)against

1. CA2. Sandiganbayan3. RTC

a. on pure questions of lawb. involving the constitutionality or

validity of a law or treaty,

international or executive

agreement, law, PDs,

Proclamation order, instruction,

ordiance or regulation, legality of

tax, impost, assessment, toll, or

penalty, jurisdiction of lower

courtrs

4. CTA enbanc (R.A. 9282)With the CA and RTC1. Petitions for certiorari,

prohibition and mandamus

against lower courts and bodies

2. Petitions for quo warranto3. Petitions for habeas corpus4. Petition for writ of amparo5. Petitionfor habeas dataWith the RTC

1. In cases affecting ambassadors,public ministers and consuls

CASES TO BE HEARD EN BANC

1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec.4(2), Art.VII)2. All cases which under the ROC are required to be heard en banc (Sec.4(2), Art.VII)3. All cases involving the constitutionality, application, or operation of PDs, Proclamation orders, instructions, ordinances and

other regulations (Sec.4(2), Art.VII)

4. Cases heard by a division when the required number in the division is not obtained(Sec.4(3), Art.VII)5. Cases involving a modification or reversal of a doctrine or principle of law laid down previously by the SC in a decision

rendered en bancor by a division (Sec.4(2), Art.VII)6. Cases involving the discipline of judges of lower courts (Sec.11, Art.VIII)7. Contests relating to election, returns, and qualifications of the President or Vice president (Sec.4, Art.VII)

PROCEDURE WHEN THE SC EN BANC IS EQUALLY DIVIDED OR NO MAJORITY

- Case shall be again deliberated onstill no decision is reached original action shall be dismissedappealed cases, judgment appealed shall stand

incidental cases, petition or motion shall be denied


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PRINCIPLES IN RELATION TO JURISDICTION OF SUPREME

COURT

- GR: The SC is not a trier of factso Passing upon a factual issue is not

within the province of the SC

oFindings of fact of the CA are notgenerally reviewable by the SC

o Factual findings of the trial court, whenaffirmed by the CA are generally

binding upon the SC

- XPNSa. When the findings are grounded entirely on

speculation, surmises or conjectures

b. When the inference made is manifestlymistaken, absurd or impossible

c. When there is grave abuse of discretiond. When the judgment is based on

misapprehension of facts

e. When the findings are conflictingf. When in making its findings, the CA went

beyond the issues of the case, or its findings

are contrary to the admissions of both the

appellant and the appellee

g. When the findings are contrary to the trialcourt

h. When the findings are conclusions withoutcitation of specific evidence on which they

are basedi. When the facts set forth in the petition, as

well as in the petitioners main and reply

briefs, are not disputed by the respondent

j. When the findings of fact are premised onthe supposed absence of evidence and

contradicted by the evidence on record

k. When the CA manifestly overlooked certainrelevant facts not disputed by the parties,

which, if properly considered could justify a

different conclusion


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G. JURISDICTION OF THE COURT OF APPEALS

Exclusive original jurisdiction Concurrent Original Jurisdiction Exclusive Appellate Jurisdiction

Actions for annulment of the

judgments of the RTC

With the SC

Petitions for certiorari, prohibition

and mandamusagainst

1. RTC2. CSC3. CBAA4. NLRC5. Other quasi-judicial

agencies

By way of ordinary appeal from

1. RTC2. Family courts

With the SC and RTC

1. Petitions for certiorari,prohibition and mandamus


2. Petitions for quo warranto3. Petitions for habeas corpus4. Petition for writ of amparo5. Petitionfor habeas data

By way of Petition for Review from RTC rendered in

the RTC in the exercise of its appellate jurisdiction

By way of Petition for Review from the decisions,

resolutions, orders or awards of

1. CSC2. Other bodies mentioned in Rule 433. Decisions of the Office of the Ombudsman

in administrative disciplinary cases

Over decisions of MTC in cadastral or land

registration cases pursuant to its delegated

jurisdiction

*The Court of Appeals may sit en banc only for the purpose of exercising administrative, ceremonial or other non-adjudicatory

functions

*Even if the CA is not basically a trial court, it has the power to try cases, conduct hearings, receive evidence, and perform any all acts

necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant

and conduct new trials or further proceedings.


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H. JURISDICTION OF THE COURT OF TAX APPEALSExclusive original jurisdiction Exclusive Appellate Jurisdiction

In tax collection cases

involving

1. Final and executorassessments for

taxes, fees, charges

and penalties

Provided

1. That collectioncases where the

principal amount of

taxes and fees

claimed is less than

P1M, exclusive of

charges and

penalties (under

MTC, MTrC, RTC)

Review by Appeal:

1. Decisions of the CIR in cases involvinga. Disputed assessmentsb. Refunds of Internal revenue taxes, fees or

other charges, penalties in relation thereto,

c. Other matters arising under the NIRC or otherlaws administered by the BIR

2. Inaction by the CIR in cases involving:a. Disputed assessmentsb. Refunds of internal revenue taxes, fees, or

other charges, penalties in relations thereto,

or

c. Other matters arising under the NIRC or otherlaws administered by the BIR where the NIRC

provides a specific period of action in which

case the inaction shall be deemed a denial3. Decisions, orders, or resolutions of the RTC in local tax

cases originally decided or resolved by them in the

exercise of their original or appellate jurisdiction;

4. Decisions of the Commissioner of Customs in casesinvolving

a. Liability for customs duties, fees or othermoney charges, seizure, detention, or release

of property affected, fines, forfeitures, or

other penalties in relation thereto

b. Other matters arising under the customs lawor other laws administered by the BOC

5. Decisions of the CBAA in the exercise of its appellatejurisdiction over cases involving

- Assessment and taxation of real property originallydecided by the provincial or city board of

assessment appeals

6. Decisions of the Secretary of Finance- custom cases elevated to him automatically for

review from decisions of the Commissioner of

Customs which are adverse to the Government

under Sec.2315 of the Tariff and Customs Code

7. Decisions of the Secretary of DTI in the case non-agricultural product, commodity, or article; and

Decisions of Secretary of DA

-

In the case of agricultural product, commodity orarticle

- Involving dumping and countervailing duties underSec.301 and 302 of Tariff and Customs Code

- Safeguard measures under RA 8800, where eitherparty may appeal the decision to impose or not to

impose said duties

In Tax Collection cases

1. Over appeals from thjudgments, resolution

or orders of the RTC i

tax cases original

decided by them, in the

respective territori

jurisdiction

2. Over petitions for reviewof the judgment

resolutions, or orders o

the RTC in the exercise o

their appellat

jurisdiction over ta

collection cases original

decided by the MTrTCMTC, MCTC


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I. JURISDICTION OF MUNICIPAL TRIAL COURTSExclusive Original Jurisdiction Delegated Jurisdiction Special jurisdiction

1. Civil actions involving personal property, estate,or amount of the demand does not exceed

P300,000 (outside Mmla)

P400,000 (within Mmla)

*Jurisdictional amount: value of the personal property,

estate or amount of the demand involved in the civil

action or proceedings.

*The jurisdictional amount does not include the

following: (Sec.33(1), BP.129)

a. Interestb. Damages of whatever kind

- GR: applies to cases where the damages aremerely incidental or a consequence of the

main action- XPN: claim for damages is the main cause

of action

c. Attorneys feesd. Litigation expenses; ande. Costs

*Although excluded in determining jurisdiction, the

above items shall be included in the determination of the

filing fees

2. Probate proceedings, testate and intestate,where the gross value of the estate does not

exceed



3. Provisional remedies in proper cases*presupposes that MTC has jurisdiction over the principal

action

4. Summary procedure (Sec.36, BP 129)5. Small Claim cases (Sec.2, A.M. 08-8-7-SC)6. Actions for forcible entry and unlawful detainer

(accion interdictal)

*When the defendant raises the question of ownership in

his pleadings and the issue of possession cannot be

resolved without deciding the issue of ownership, the

court may resolve the latter but only for the purpose of

determining the issue of possession (Sec.33(2), BP129 as

1. Cadastral and landregistration cases covering

lots where

a. There is nocontroversy or

opposition or

contested lots

b. The value does notexceed P100,000

*Value of the lot shall be ascertained

by:

a. Affidavit of the claimantb. Agreement of the

respective claimants if there

are more than onec. From the corresponding tax

declaration of the real

property

(Sec.34, BP129 as amended by

RA7691)

*Decisions of these courts shall be

appealable in the same manner as

the decisions of the RTC = MTC

acting as RTC = Appeal is to CA,

Rule 41

*Why delegated? RTC which

normally has jurisdiction over

cadastral and land registration cases

1. Petitions for writ ofhabeas corpus

In the absence of all

the RTC judges in the

province or city

2. Applications for bail incriminal cases in the

province or city where

the absent RTC judges

sits


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amended, RA 7691)

*An adjudication made regarding the issue of ownership

should be regarded merely as provisional would not bar

or prejudice an action between the same parties

involving title to the land

Why? Necessary consequence of the nature of forcibleentry only issue to be settled is possession de facto not

possession de jure

7. Involving title or possession of real property, orany interest therein wherein the assessed value

of the property or interest does not exceed



*Exclusive of interest, damages of whatever kind,

attorneys fees, litigation expenses and costs

*Involving title to real property: the plaintiffs cause of

action is based on a claim that he owns such property or

that he has the legal rights to have exclusive control,

possession, enjoyment or disposition of the same

*In case of land not declared for taxation purposes

value shall be determined by the assessed value of the

adjacent lots

*Assessed value the property: fmv of the real property

multiplied by the assessment level (not the market value)

*Judgments of the MTC shall be appealable to the RTC

TOTALITY RULE

- Where there are several claims or causes of actions between the same or different parties embodied in the samecomplaint, the amount of the demand shall be the totality of the claims in all causes of action, irrespective of whether

the causes of action arose out of the same or different transactions (Sec.33(1), BP 129)

- In relation to Rules on Permissive Joinder of Parties (Sec.6, Rule 3), and Rules on Joinder of Causes of Action (Sec.5,Rule 2)

o The total amount of the claims shall be the basis of the courts jurisdiction and not the amount of theindividual claims

TITLE vs. CERTIFICATE OF TITLE

TITLE CERTIFICATE OF TITLE

Legal link between (1) a person who owns the property, (2) the

property itself

Document of ownership under the Torrens system o

registration issued by the government through the Register o

Deeds

Claim, right or interest in real property Evidence of such claim


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J. JURISDICTION OF THE REGIONAL TRIAL COURTSExclusive Original Jurisdiction Concurrent Original Jurisdiction Appellate Jurisdiction

1. All civil actions in which thesubject of the litigation is

incapable of pecuniary

estimation

2. Involves title to, or possession ofreal property or an interest

therein, where the assessed

value of such property involved

exceeds



3. All actions in admiralty andmaritime jurisdiction where the

demand or claim exceeds


P400,000 (within Mmla)4. All matters of probate both

testate or intestate where the

gross value of the estate exceeds



5. In all actions involving thecontract of marriage and marital

relations

*Modified by RA 8369 which established

the family courts. However, in areas

where there are no family courts RTC

6. All cases not within the exclusivejurisdiction of any court, tribunal,

person or body exercising judicial

or quasi-judicial functions

*Reason why RTC are courts of general

jurisdicition)

7. All civil actions and specialproceedings falling within the

exclusive original jurisdiction of

the Juvenile and Domestic

Relations Court and of the Court

of Agrarian Relations*Also subject to RA 8369 (Family Courts)

8. All other cases in which thedemand or the value of the

property in controversy exceeds



*Exclusive of interest, damages, etc.

With the Supreme Court

1. Actions affecting ambassadors,other public ministers, and

consuls

With the SC and CA

1. Petitions for certiorari,prohibition and mandamus


2. Petitions for quo warranto3. Petition for habeas corpus

1. Over all cases decided by thea. MeTCb. MTCc. MCTC

In their respective territorial jurisdictions


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Over intra-corporate controversies

(Sec.5.2, PD 902-A, in relation to RA 8799)

1. Devices or schemes employed byor any acts, of the board of

directors, business associates, its

officers or partnership,

amounting to fraud andmisrepresentation which may be

detrimental to the interest of the

public and/or of the stockholder,

partners, members of

associations or organizations

registered with the Commission;

2. Controversies arising out of intra-corporate or partnership

relations, between and among

stockholders, members, or

associates; between any or all of

them and the corporation,

partnership or association of

which they are stockholders,

members or associates,

respectively; and between such

corporation, partnership or

association and the state insofar

as it concerns their individual

franchise or right to exist as such

entity; and

3. Controversies in the election orappointments of directors,

trustees, officers or managers of

such corporations, partnershipsor associations.

4. Petitions of corporations,partnerships, or associations to

be declared in the state of

suspension of payments in cases

where the corporation,

partnership or association

possesses sufficient property to

cover all its debts but foresees

the impossibility of meeting

them when they respectively fall

due or in cases where the

corporation, partnership or

association has no sufficient

assets to cover its liabilities, but

is under the management of a

Rehabilitation Receiver or

Management Committee


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K. JURISDICTION OF THE FAMILY COURTSExclusive Original Jurisdiction

1. Petitions for guardianship, custody of children and hapeas corpus involving children2. Petitions for adoption for children and revocation thereof3. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to 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

4. Petitions for support and/or acknowledgment5. Summary judicial proceedings brought under the provisions of EO 2096. 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 of parental

authority and other cases cognizable under PD 603, EO 56

7. Petitions for constitution of family home8. Cases against minors cognizable under the Dangerous Drugs Act, as amended9. Violations of RA 761010. Cases of domestic violence against

a. Women:b. children

*If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceeding and the corresponding

penalties.

*If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, such

incident shall be determined in that court.

*In areas where there are no Family Courts, the cases shall be adjudicated by the RTC


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