CIVIL PROCEDURE

Trial – Stage when evidences are presented. This is where parties introduce their respective evidences.
(Just merely a portion of the hearing)

Hearing – It embraces several stages of the litigation, this includes a pre-trial stage.

 Concept of due process. The right to be heard.

 This is when the parties are afforded to be heard.

Small Claims – The judge will conduct examination to the parties without counsel – very informal.

Hierarchy of courts in the Philippines.

Supreme Court – Constitutional Court – IT CAN’T BE ABOLISHED UNLESS THE CONSTITUTION WAS
REVISED.

Statutory Courts – THEY CAN BE ABOLISHED BY REPEALING THE LAWS THAT CREATED THESE COURTS
BUT THEY CAN’T ABOLISH THESE COURTS WITHOUT THE ADVICE AND CONCURRENCE OF THE
SUPREME COURT.

 Court of Appeals - Exercises general jurisdiction

 Regional Trial Court – Exercises general jurisdiction

1ST LEVEL COURTS – INFERIOR COURTS

 Metropolitan Trial Court
 Municipal Trial Courts – One jurisdiction only.
 Municipal Circuit Trial Court – More than one jurisdiction.

Special Courts

 Court of Tax Appeals

 Sandiganbayan
 Shariya Courts
 Shariya Circuit Courts
 Family Courts
 Drug Courts

General rule: Litigants must file first in lower courts. They cannot directly file in Supreme court.
Exception is if it questions constitutionality or it the case has transcendental importance.

CLASSIFICATIONS

Superior vs. Inferior

Superior Courts – General jurisdiction. They can take cognizance of any cases. The court has the power
to review the decision of lower courts.

Inferior Courts – Courts with certain jurisdictions only. Their decisions are subject to review by a
supreme court.
Original vs. Appellate

Original – Where the cases started. This where you file the case for the first time.

Appellate – This is where cases are being reviewed. Has the power to modify, to affirm, or to change the
decision of the original court.

Civil Court vs. Criminal Courts

Civil – Taking cognizance of civil cases

Criminal – Taking cognizance of criminal cases

NOTE: Court in the Philippines taking cognizance on both classifications.

Courts of Law vs. Courts of Equity

Law – They decide cases based on law.

Equity – The court decide based on equity and justice (Court of Conscience)

NOTE: IN THE PHILIPPINES COURTS PRACTICES THESE BOTH BUT ALWAYS CONSIDERS COURTS OF LAW
BUT IN THE ABSENCE OF LAW, COURTS APPLY WHAT IS JUST, EQUAL, AND APPLICABLE.

RULES OF COURT IS NOT ENACTED BY THE CONGRESS, IT IS ENACTED BY THE SUPREME COURT. THE
AUTHORITY OF THE SUPREME COURT IS FOUND IN ARTICLE 8 SECTION 5 OF THE CONSTITUTION. THIS
IS PART OF THE RULEMAKING POWER OF THE SUPREME COURT. BUT THIS IS NOT ABSOULTE, THERE IS
LIMITATIONS.

Limitations on Rule Making Power of the Supreme Court

 SIMPLIFIED and INEXPENSIVE procedure for the speedy disposition of cases.

 The rules must be UNIFORM for all the courts of the same grade and
 The rules must not DIMINISH, INCREASE or MODIFY substantive rights

JURISDICTION – AUTHORITY OR POWER TO HEAR, TRY, AND DECIDE CASE, AND THE POWER OF THE
COURT TO EXECUTE DECISIONS.

Execution of the decision – The power of the court to enforce/implement the decision to take effect, it is
to complete the jurisdiction of the Court.

 1st and foremost duty of the court is to consider the jurisdiction. The judge must determine if
he/she has the jurisdiction to decide over the subject matter of the case before looking to other
details. (MOTOPROPIO OR ON HIS OWN VOLITION)

JURISDICTION vs. EXERCISE OF JURISDICTION

JURISDICTION – AUTHORITY OR POWER TO HEAR, TRY, AND DECIDE CASE, AND THE POWER OF THE
COURT TO EXECUTE DECISIONS.
EXERCISE OF JURISDICTION – ACT OF THE COURT PURSUANT TO SUCH AUTHORITY. IT NEED FACTUAL
BASIS.

LACK OF JURISDICTION – COURT IS WITHOUT JURISDICTION

EXCESS OF JURISDICTION – THE COURT HAS THE POWER TO HEAR THE CASE, THE JUDGE OVERSTEPPED
HIS AUTHORITY. HE HAS DONE IT IN EXCESS OF HIS JURISDICTION.

DIFFERENT TYPE OF JURISDICTIONS:

 GENERAL – To hear and determine all action of suits. (Broad) It can hear, try, and decide all of
the cases.
 LIMITED – Limited only to particular cases. The power is only limited. Example are the 1 st level
courts and special courts.
1st Level Courts can only hear penalty imposable does not exceed six years.
 BASED ON THE NATURE OF THE CASE (EXCLUSIVE, CONCURRENT, COORDINATE)
EXCLUSIVE – NO OTHER COURTS CAN TAKE COGNIZANCE OF THE CASES UNDER EXCLUSIVE
CASES.
COORDINATE – CAN BE EXERCISED BY MANY COURTS.
(ONCE JURISDICTION IS ATTACHED INTO THE COURT IT WILL REMAIN UNTIL IT GET DECIDED BY
THAT COURT)
 APPELATE JURISDICTIONS
 TERRITORIAL OR EXTRATERRITORIAL JURISDICTION
- WITHIN THE LIMITS OF THE COURTS.

DAY 2

JURISDICTION IS DIFFERENT FROM CRIMINAL CASES AND CIVIL CASES

CRIMINAL – THE AUTHORITY OF THE COURT IS DETERMINED WHAT IS THE CRIME ALLEGEDLY
COMMITTED AND WHAT IS THE IMPOSABLE PENALTY AS PRESCRIBED BY THE RPC AND SPECIAL
LAWS/AUTHORITIY OF THE COURT TO BIND THE ACCUSE. PROPER RELIEF SOUGHT.

CIVIL CASES – JURISDICTION OVER SUBJECT MATTER, PERSON OVER THE DEFENDANT, OVER THE RES,
OVER THE ISSUE.

JURISDICTION EXPLAINED

1ST QUESTION - SUBJECT MATTER – NATURE OF THE ACTION (WHAT ARE YOU FILING ABOUT?) USUALLY,
THE NATURE WILL DEPEND ON THE RELIEF YOU WANT TO AS FROM THE COURT.

2ND – DOES THIS COURT HAVE THE AUTHORITY TO TRY AND DETERMINE THE CASE THAT I WILL BE
FILING?

SUBJECT MATTER – NATURE OF THE ACTION – THIS IS CONFERRED BY LAW, EITHER THE CONSTITUTION
OR BY STATUTE OR LAW. THIS IS A MATTER OF LEGISLATIVE ENACTMENT WHENT IT COMES TO LOWER
COURTS BUT ON THE JURISDICTION OF THE SUPREME COURT, IT IS CONFERRED IN THE CONSTITUTION.
SUBJECT MATTER OF THE ACTION – REFERRING TO PHYSICAL, EX. PERTAINING TO LAND, MONEY.

JURISDICTION OVER THE SUBJECT MATTER IS CONFFERED BY LAW. IT IS NOT BY AGREEMENT OR

ANYTHING.

LAW ON JURISDICTION IS BATAS PAMBANSA 1729, AMENDED BY RA 11576 (TOOK EFFECT IN AUGUST
21, 2021.

ASSESSED VALUE IS DETERMINED THROUGH TAX DECLARATION – IT NEEDED TO SUBMIT AS A PROOF TO

DETERMINE BY THE COURT IF IT HAS JURISDICTION.

IN DETERMINING THE JURISDICTION IT IS BASED ON THE FACTS IN THE COMPLAINT AND NOTHING ELSE
PLUS THE LAW ENFORCED AT THE TIME OF THE COMMENCEMENT OF THE ACTION.

JURISDICTION IS BEING A MATTER OF SUBSTANTIVE LAW.

ONCE JURISDICTION ATTACHES, IT CAN’T REMOVED UNTIL THE COURT THAT HAS JURISDICTION
ALREADY DISPOSES THE CASE. – DOCTRINE OF ADHERANCE OF JURISDICTION.

DOCTRINE OF PRIMARY JURISDICTION – THIS IS WHERE A CLAIM IS ORIGINALLY COGNIZABLE TO THE

COURTS, BUT NEEDS TO BE RESOLVE BY THE ADMINISTRATIVE BODY.

LACK OF JURISDICTION IS A GROUND FOR MOTION TO DISMISS.

LACK OF JURISDICTION OVER THE SUBJECT MATTER MAY BE RAISED IN ANY STAGE OF THE CASES EVEN
IN APPEAL.

TIHAM VS. SIBONGHANOY

JURISDICTION OVER THE PERSON

COURT OF AFFORDS THE JURISDICTION OF THE PERSON BY THE ARREST OF THE ACCUSED, BY
VOLUNTARY SURRENDER OF ACCUSED.

CIVIL CASES – COURT MUST ACQUIRE THE JURISDICTION OVER THE PERSON. IF PLAINTIFF – ONCE THE
PLAINTIFF APPLY BEFORE THE COURT HE/SHE SUBMIT HIS/HER JURISDICTION TO THAT COURT.

VOLUNTARY SUBMISSION OVER THE COURT’S JURISDICTION – RELIEF THAT IS NOT OBJECTING THE
COURT’S JURSIDICTION BUT SEEKING OTHER RELIEF.

JURISDICTION OVER THE RES (OBJECT) – THE AUTHORITY OF THE COURT OVER THE THING (MAY BE
TANGIBLE OR INTANGIBLE)

- CAN BE A SUBSTITUTE OVER THE DEFENDANT

- CAN BE ACQUIRED THROUGH SEIZURE OF THE PROPERTY (IF TANGIBLE AND SUBJECT TO
ATTACHMENT)
- JURISDICTION IS ACQUIRED IN COMPLIANCE OF CERTAIN PROCEDURAL REQUISITES

JURISDICTION OVER THE ISSUE – THIS IS CONFERRED AND DETERMINED IN THE PLEADINGS FILED BY
THE PARTIES.

- WOULD REFER TO THE AUTHORITY OF THE COURT TO DECIDE OVER THE ISSUE IN THE
PLEADINGS FILED BY THE PARTIES.
- PLEADING IS A WRITTEN ALLEGATIONS, WOULD REFER TO THE COMPLAIN, ANSWER, REPLY
AND REJOINDER. MOTION IS NOT A PLEADING.
- PLAINTIFF (COMPLAIN), DEFENDANT (ANSWER).

EJECTION OR FORCIBLE ENTRY – FIRST LEVEL COIRT REGARDLESS OF ASSESSED VALUE

ADMIARLTY AND MARITIME JURISDICTION – BASED ON ASSESSED VALUE.

2/25/23

SPLITTING CAUSE OF ACTION –

General Rule - Section 3. One suit for a single cause of action. — A party may not institute more than
one suit for a single cause of action.

Section 4. Splitting a single cause of action; why not allowed?

 To avoid conflict of decisions

 To avoid multiple filing
 To avoid unnecessary

An act of instituting two or more suits for the same cause of action.

Section 5. Joinder of causes of action. — A party may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may have against an opposing party, subject to the following
conditions:
ALTERNATIVE CAUSE OF ACTION – If you are uncertain in who are you seeking for relief.

Rules need to be followed in Joinder of Causes of Action.

Section 1. Who may be parties; plaintiff and defendant. — Only natural or juridical persons, or entities
authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party,
the counter-claimant, the cross-claimant, or the third (fourth, etc.) — party plaintiff. The term
"defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-
defendant, or the third (fourth, etc.) — party defendant. (1a) (ARTICLE 44 NCC).

ARTICLE 1311 NCC