A.
GENERAL PRINCIPLES brought before it as well as the public
administration of justice.
IN REMEDIAL LAW
Place where justice is administered
1. Distinguish: Substantive Law Court
and Remedial Law Tribunal officially assembled under authority of
Substantive law – Creates, defines, and
law
regulates rights and duties concerning life,
liberty, or property the violation of which gives A court is an office
rise to a cause of action.
Judge
Remedial law – Lays down methods by which
the rights and obligations arising from Officer of such tribunal
substantive law are protected, enforced, and Public officer
given effect.
Classification of Philippine
2. Rule-Making Power of the Courts
Supreme Court Regular Courts:
a. Supreme Court
Sec. 5(5), Art. VIII of the Constitution provides b. Court of Appeals
that: c. Regional Trial Courts
a. The SC shall have the power to d. Metropolitan Trial Courts
promulgate rules concerning: e. Municipal Trial Courts
f. Municipal Circuit Trial Courts
xxx
Special Courts:
Pleading, practice, and procedure in a. Sandiganbayan
all courts, b. Court of Tax Appeals
The SC has the sole prerogative to amend, A court is one with original jurisdiction when
repeal, or even establish new rules for a actions or proceedings are originally filed with
more simplified and inexpensive process, and it.
the speedy disposition of cases. A court is one with appellate jurisdiction when
it has the power of review over the decisions or
The power to establish procedural rules is no orders of a lower court.
longer shared by the SC with Congress.
Courts of general jurisdiction are those with
a. Limitations on the Rule-Making competence to decide on their own jurisdiction
Power of the Supreme Court and take cognizance of all cases, civil and
criminal, of a particular nature.
The rules of procedure promulgated by the SC
must: Courts of special/limited jurisdiction are
xxx those which have jurisdiction only for a
b. Uniform for all courts of the same grade; particular purpose or a clothed with special
powers for the performance of specified duties
b. Power of the SC to Amend and beyond which they have no authority of any
Suspend Procedural Rules kind.
A constitutional court is one created by a
General rule: COMPLIANCE direct constitutional provision, an example of
which is the SC. Only the SC is a constitutional
Exception: AMENDMENT OR SUSPENSION court.
A statutory court is one created by a law other
3. Nature of Philippine Courts than the Constitution. All other courts are
statutory courts.
A court
is an organ of government belonging A constitutionally-mandated court refers to
to the judicial department a court whose creation by Congress is
the function of which mandated by a constitutional provision, of
is the application of the laws to controversies which there is only one example: the
Sandiganbayan 3. Jurisdiction Of Philippine
Equity jurisdiction is used to describe the Courts
power of the court to resolve issues presented a. Supreme Court
in a case, in accordance with the rules of General Rule: The SC is not a trier of facts.
fairness and justice, and in the absence of a Exception: The SC can look into the facts of a
clear, positive law governing such issues. case:
1. When the conclusion is a finding grounded
The Doctrine of Hierarchy of entirely on speculation, surmises and
Courts” conjectures;
General Rule: A case must be filed with the 2. When the inference made is manifestly
lowest court possible having the appropriate mistaken, absurd or impossible;
jurisdiction. 3. Where there is a grave abuse of discretion;
The Doctrine of Non-Interference/ Doctrine 4. When the judgment is based on a
of Judicial Stability holds that courts of equal misapprehension of facts;
and coordinate jurisdiction cannot interfere with 5. When the findings of fact are conflicting;
each other’s orders. 6. When the Court of Appeals, in making its
findings, went beyond the issues of the
When not applicable case and the same is contrary to the
The doctrine of judicial stability does not apply admissions of both appellant and appellee;
where a third party claimant is involved – this is in 7. When the findings are contrary to those of
consonance with the well-established principle that no the trial court;
man shall be affected by any proceeding to which he 8. When the findings of fact are conclusions
is a stranger without citation of specific evidence on
which they are based;
B. JURISDICTION OF 9. When the facts set forth in the petition as
COURTS well as in the petitioners' main and reply
briefs are not disputed by the respondents;
and
Jurisdiction is the power of the court to hear,
10. When the findings of fact of the Court of
try, and decide a case.
Appeals are premised on the supposed
A court is one with absence of evidence and contradicted by
original jurisdiction the evidence on record.
when actions or
EXCLUSIVE ORIGINAL JURISDICTION
proceedings may be
Petitions for certiorari, prohibition, and
originally filed with it.
mandamus against appellate courts, namely:
A court is one with
a. Court of Appeals
appellate jurisdiction
b. Commission on Elections
when it has the
c. Commission on Audit
power to review on
d. Sandiganbayan,
appeal the decisions
or orders of a lower e. Court of Tax Appeals
court.
CONCURRENT ORIGINAL JURISDICTION
Doctrine of Hierarchy of Courts 1. With CA
According to the doctrine of hierarchy of courts, a. Petitions for certiorari, prohibition, and
in case of concurrence of jurisdiction, a case mandamus against first-level courts
must be filed first before the lowest court and bodies, namely;
possible EXCEPT if one can advance a i. RTCs
special reason which would allow a part to ii. Civil Service Commission
directly resort to a higher court. iii. Central Board of Assessment
Appeals
Doctrine of Continuity of Jurisdiction iv. NLRC
Also known as the doctrine of adherence of v. Other Quasi-Judicial Agencies.
jurisdiction. b. Quo Warranto petitions,
Once jurisdiction is vested, the same is c. Writ of Habeas Corpus,
retained up to the end of the litigation. d. Writ of Amparo,
e. Writ of Habeas Data,
f. Writ of KaIikasan estimation
2. With RTC Test: If it is primarily for the recovery of a
a. Cases affecting ambassadors, public sum of money, the claim is considered
ministers, and consuls capable of pecuniary estimation. On the
b. Petitions for certiorari, prohibition, and other hand, where the basic issue is
mandamus against lower courts something other than the right to recover a
c. Quo Warranto petitions, sum of money, and the money claim is
d. Writ of Habeas Corpus, purely incidental to, or a consequence of,
e. Writ of Amparo, and the principal relief sought, such actions are
f. Writ of Habeas Data. cases where the subject of the litigation is
incapable of pecuniary estimation.
3. With Sandiganbayan
a. Writ of Amparo, and An action to nullify a Deed of
b. Writ of Habeas Data. Assignment and Conveyance is not one
involving a subject matter incapable of
APPELLATE JURISDICTION pecuniary estimation if the plaintiff also
SC has appellate jurisdiction over petitions for seeks to the transfer of possession and
review on certiorari (appeal by certiorari under control of properties
Rule 45) against the
a. CA, However, if the principal nature of an
b. Sandiganbayan, action to cancel a contract to sell, where
c. RTC the defendant has already taken
possession of the property, involves a
b. Court of Appeals determination on whether a suspensive
EXCLUSIVE ORIGINAL JURISDICTION condition has been fulfilled – then the
Actions for annulment of judgments of the RTC subject matter involved is one that is
incapable of pecuniary estimation
c. Court of Tax Appeals
EXCLUSIVE ORIGINAL JURISDICTION where an action to
1. Over tax collection cases involving final redeem a land subject of a free patent was
and executory assessments for taxes, characterized by the SC as one whose
fees, charges, and penalties; Provided, subject matter was incapable of
however, that collection cases where the pecuniary estimation since the
principal amount of taxes and fees. reacquisition of the land was merely
exclusive of charges and penalties incidental to and an offshoot of the exercise
claimed, is less than P1,000,000 shall be of the right to redeem the land, pursuant to
tried by the proper Municipal Trial Court Sec. 119 of CA 141.
Metropolitan Trial Court, and Regional Trial
Court. An expropriation suit is incapable of
pecuniary estimation
d. Sandiganbayan
Lastly, an action for specific
performance in one incapable of
EXCLUSIVE ORIGINAL JURISDICTION
pecuniary estimation. [Russel v. Vestil, 304
a. Violations of R.A. 3019 or the Anti-Graft
SCRA 738 (1999)] Any amount of
and Corrupt Practices Act
damages claimed in addition to the prayer
b. Violations of R.A. 1379 or An Act Declaring
for specific performance is not
Forfeiture in Favor of the State Any
determinative of jurisdiction.
Property Found to Have Been Unlawfully
Acquired by Any Public Officer or
Employee and Providing for the b. Civil actions involving title to, or
Proceedings Therefor possession of real property, or any
c. Bribery interest therein, where assessed value
exceeds P20,000 outside Metro Manila,
or exceeds P50,000 in Metro Manila
e. Regional Trial Courts
EXCLUSIVE ORIGINAL JURISDICTION Exception: Forcible entry and unlawful
a. All civil actions in which the subject of the detainer (FEUD) cases, as FEUD cases
litigation is incapable of pecuniary
are within the exclusive original jurisdiction children and habeas corpus in relation to
of the MTC. children,
c. Petitions for adoption of children and
An action "involving title to real property" revocation thereof,
means that the plaintiff's cause of action is d. Complaints for annulment of marriage,
based on a claim that he owns such declaration of nullity of marriage and those
property or that he has the legal rights to relating to status and property relations of
have exclusive control, possession, husband and wife or those living together
enjoyment, or disposition of the same. Title under different status and agreements, and
is the "legal link between (1) a person who petitions for dissolution of conjugal
owns property and (2) the property itself." partnership of gains,
e. Petitions for support and/or
c. Any action if the amount involved acknowledgment,
exceeds P300,000 outside Metro Manila f. Summary judicial proceedings brought
or exceeds P400,000 in Metro Manila in under the provisions of Family Code,
the following cases g. Petitions for declaration of status of
children as abandoned, dependent or
1. Actions in admiralty and maritime neglected children, voluntary or involuntary
jurisdiction, where the amount refers commitment of children, suspension,
to demand or claim termination or restoration of parental
2. Matters of probate (testate or authority, and other cases cognizable
intestate), where the amount refers to under P.D. 603, E.O. 56, s. 1986, and other
gross value of estate related laws,
3. In all other cases where the amount h. Petitions for constitution of family home,
refers to the demand, exclusive of i. Cases against minors cognizable under
interest, damages of whatever kind, Dangerous Drugs Act, as amended, (now
attorney’s fees, litigation expenses, R.A. 9165)
and costs j. Violations of R.A. 7610, or the “Special
d. All actions involving the contract of Protection of Children Against Child Abuse,
marriage and family Exploitation and Discrimination Act”, and
and all civil actions and special k. Cases of domestic violence against
proceedings falling within exclusive original Women and Children.
jurisdiction of Juvenile and Domestic
Relations Court g. Metropolitan Trial Courts,
Municipal Trial Courts,
e. All civil actions and special proceedings Municipal Trial Courts in Cities,
falling within exclusive original Municipal Circuit Trial Courts
jurisdiction of the Court of Agrarian EXCLUSIVE ORIGINAL JURISDICTION
Reform
a. Where the value of personal property,
f. All cases not within exclusive estate, or amount of demand does not
jurisdiction of any court, tribunal, person, exceed P300,000 outside Metro Manila
or body exercising judicial or quasi-judicial or does not exceed P400,000 in Metro
functions Manila, exclusive of interest, damages of
This jurisdiction is whatever kind, attorney’s fees, litigation
often described as the “general expenses, and costs, in the following
jurisdiction” of the RTC making it a court of general cases:
jurisdiction. 1. Civil actions,
2. Probate proceedings, (testate or
g. Intra-corporate controversies intestate)
h. Petitions for declaratory relief 3. Provisional remedies in proper cases.
f. Family Courts Totality Rule
a. Criminal cases where one or more accused If several claims or causes of action are
is below 18 but not less than 9 years old or embodied in the same complaint, the amount
where one or more victims was a minor at of all the demands shall be the basis in
time of commission of offense, computation of the amount involved, if
b. Petitions for guardianship, custody of 1. Claims are in the same complaint
2. Claims are against the same defendant allegations in the complaint
3. No misjoinder of parties
Doctrine of Adherence of
b. Forcible entry and unlawful detainer Jurisdiction
(FEUD)
Note: When defendant raises questions of Also known as doctrine of continuity of
ownership in his pleadings and the jurisdiction
question of possession cannot be resolved
without deciding issue of ownership, the Once the jurisdiction of a court attaches, it
latter issue shall be resolved only to continues until the case is finally
determine the former issue terminated.
General Rule:
c. All civil actions involving title to, or
Where a court has already obtained and is
possession of, real property, or any
exercising jurisdiction over a controversy, its
interest therein where assessed value of
jurisdiction to proceed to the final determination
property or interest therein does not
of the case is not affected by new legislation
exceed P20,000 outside Metro Manila, or
placing jurisdiction over such proceeding in
does not exceed P50,000 in Metro Manila
another tribunal
Exceptions:
d. Inclusion and exclusion of voters
a. Where there is an express provision in the
statute; and
b. The statute is clearly intended to apply to
actions pending before its enactment
4. Aspects of Jurisdiction No jurisdiction = dismiss the claim
a. Jurisdiction over the Parties
The jurisdiction of a court over the subject
Jurisdiction over the parties refers to the matter of the action is a matter of law and may
power of the court to make decisions that are not be conferred by consent or agreement of
binding on persons. the parties.
The lack of jurisdiction of a court
It is also called jurisdiction in personam may be raised at any stage of the proceedings,
which is the power required before a court can even on appeal
enter a personal or an in personam judgment.
General rule:
Kinds: Lack of jurisdiction over the subject matter may
a. Over the plaintiff be raised at any stage of the proceedings,
b. Over the defendant even for the first time on appeal.
c. Over non-parties
Exception:
Courts acquire jurisdiction over a party plaintiff espoused the doctrine of
upon the filing of the complaint estoppel by laches
Jurisdiction over the person of the defendant is Jurisdiction over the issues is the power of
acquired: the court to try and decide the issues raised in
1. By his voluntary appearance in court and the pleadings of the parties
his submission to its authority, or
2. By service of summons. Jurisdiction over the res refers to the court’s
jurisdiction over the thing or the property which
Jurisdiction over the subject matter is the is the subject of the action
power of a particular court to hear the type of
case that is then before it The Revised Rules shall govern the procedure
in actions for payment of money where the
Jurisdiction is the authority to decide a case. value of the claim does not exceed PHP
It is the power of the court. 400,000 in cases filed before the MeTC, and
P300,000 in cases filed before the MCTC,
Exercise of Jurisdiction is the exercise of MTCS, and MTCC, exclusive of interest and
such power or authority. costs.
Jurisdiction over the subject matter of a case is Cases Covered by Rules on
conferred by law and determined by the
Summary Procedure A transitory action is
1. All cases of forcible entry and unlawful one which may be
detainer (FEUD), irrespective of the filed in the residence
amount of damages or unpaid rentals of the plaintiff or
sought to be recovered, defendant, at the
2. All other cases, except probate option of the plaintiff.
proceedings, where the total amount of the
plaintiff‘s claim does not exceed
P100,000 outside Metro Manila or
P200,000 in Metro Manila, exclusive of
interest and costs
Cases Covered by Barangay
A cause of action is an act or omission by
Conciliation
which a party violates a right of another
The Lupon of each barangay shall have the
authority to bring together the parties actually Splitting a Single Cause of
residing in the same municipality or city for
Action and its Effects
amicable settlement of all disputes.
The act of instituting two or more suits on
CIVIL PROCEDURE the basis of the same cause of action [Sec.
4, Rule 2], or splitting a single cause of action,
2. Actions is prohibited by the Rules. Such is referred to
as “splitting a single cause of action”. A
An action is a formal demand of one's right
party may not institute more than one suit for a
in a court of justice in the manner
single cause of action.
prescribed by the court or by the law.
Plaintiff's remedy if other reliefs not
Real Action
included in the complaint: Amendment
It is an action
Dismissal as effect of splitting of cause of
affecting title to or
Action
possession of real
property, or interest f. Joinder and Misjoinder of
therein.
Causes of Action
Personal Actions Joinder of causes of action
It refers to all other
actions which are It is the assertion of as many causes of action
not real actions as a party may have against another in one pleading
alone.
A civil action is ne by It is the process
which a party sues of uniting two or more demands or rights of
another for the action in one action.
enforcement or
protection of a right, or the prevention or Misjoinder of causes of action
redress of a wrong There is misjoinder of causes of action when
conditions for joinder under Section 5, Rule
A special 2 are not met.
proceeding is a
remedy by which a Requisites
party seeks to a. The plaintiff asserts numerous causes of
establish a status, a right, or a particular action in one pleading
fact b. The causes of action are against the
opposing party
A local action is one c. The party joining the causes of action
which has to be filed complies with the rules on joinder of parties
in the place where under Sec 6, Rule 3, and
the property is d. The joinder shall not include special civil
located. actions or actions governed by special
rules.
authority to dismiss a complaint due to the fault
of the plaintiff when he does not comply with
any order of the court
4. Parties to Civil Actions Effect of non-joinder of necessary parties
Non-joinder of a necessary party does not
Plaintiff prevent the court from proceeding in the action.
May refer to the claiming party, counterclaimant, The judgment rendered therein shall not
cross-claimant, or third-party plaintiff prejudice the rights of such necessary party
Defendant Misjoinder
May refer to the original defending party, the When one is made a party to the action
defendant in a counterclaim, the cross defendant, although he should not be impleaded.
or the third (fourth, etc.)-party
defendant. Non-joinder
When one is supposed to be joined but is not
impleaded in the action.
Real Parties in Interest Effect of misjoinder or non-joinder of
The party who stands to be benefited or injured parties
by the judgment in the suit, or the party entitled Neither misjoinder nor non-joinder of parties is
to the avails of the suit a ground for dismissal of an action
Indispensable Parties
A real party-in-interest without whom no final
determination can be had of an action Venue refers to the place where a civil action
may be tried;
Necessary Parties
A necessary party is not one who is
indispensable but, rather, one who ought to be
joined as a party if complete relief is to be
accorded as to those already parties, or for a
complete determination or settlement of the
claim subject of the action.
Compulsory and Permissive
Joinder of Parties
General Rule:
The joinder of parties is permissive
Exception:
It is compulsory when the one involved is an
indispensable party.
Effect of non-joinder of indispensable
parties
The absence of an indispensable party renders
all subsequent actions of the trial court null
and void
Failure to implead an indispensable party is not
a ground for dismissal of an action, as the
remedy in such a case is to implead the
party claimed to be indispensable
Effect of misjoinder or non-joinder of
parties; when ordered by the court
It is when the order of the court to implead
an indispensable party goes unheeded that
the case may be dismissed. The court has
