boc 2014 - remedial law reviewer

TABLE OF CONTENTS

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CIVIL PROCEDURE

General Principles ............................ 1 CONCEPT OF REMEDIAL LAW .................. 1 SUBSTANTIVE LAW AS DISTINGUISHED

FROM REMEDIAL LAW .......................... 1 RULE-MAKING POWER OF THE SUPREME

COURT .................................................... 2 NATURE OF PHILIPPINE COURTS ............. 3 Jurisdiction .......................................4 JURISDICTION IN GENERAL ..................... 4 JURISDICTION OVER THE PARTIES .......... 5 JURISDICTION OVER THE SUBJECT

MATTER ................................................. 5 JURISDICTION OVER THE ISSUES ............. 7 JURISDICTION OVER THE RES OR

PROPERTY IN LITIGATION ..................... 7 JURISDICTION OF THE METC AND MTC .... 7 JURISDICTION OVER SMALL CLAIMS,

CASES COVERED BY THE RULES ON SUMMARY PROCEDURE AND BARANGAY CONCILIATION ................... 8

JURISDICTION OF THE METC AND MTC .... 8 JURISDICTION OF THE RTC, FAMILY COURTS, AND SHARIA COURTS ............ 10 JURISDICTION OF THE SANDIGANBAYAN................................................................. 12 JURISDICTION OF THE COURT OF TAX APPEALS ................................................. 12 JURISDICTION OF THE CA ........................13 JURISDICTION OF THE SC ....................... 14

Commencement of Action to Trial 14 ACTIONS .................................................. 15 CAUSE OF ACTION .................................. 16 PARTIES TO CIVIL ACTIONS ................... 19 VENUE .................................................... 25 PLEADINGS ............................................ 27 SUMMONS .............................................. 47 MOTIONS................................................. 51 DISMISSAL OF ACTIONS ........................60 PRE-TRIAL .............................................. 63 INTERVENTION ...................................... 70 SUBPOENA .............................................. 71 MODES OF DISCOVERY .......................... 72 TRIAL ...................................................... 81 DEMURRER TO EVIDENCE ..................... 85 Judgments and Final Orders ....... 87 JUDGMENTS IN GENERAL ...................... 87 JUDGMENT WITHOUT TRIAL .................. 88 CONTENTS OF A JUDGMENT ................. 89

JUDGMENT ON THE PLEADINGS ........... 89 SUMMARY JUDGMENTS ........................ 89 RENDITION OF JUDGMENTS AND FINAL ORDERS .............................. 91 ENTRY OF JUDGMENT AND FINAL ORDER

............................................................. 92

Post-Judgment Remedies ............ 93 MOTION FOR RECONSIDERATIO AND

MOTION FOR NEW TRIAL ................... 93 APPEALS IN GENERAL ........................... 95 APPEALS FROM MTC TO THE RTC ......... 98 APPEAL FROM THE RTC ......................... 99 PETITION FOR REVIEW FROM THE RTC TO

THE CA ............................................... 102 APPEALS FROM QUASI-JUDICIAL

AGENCIES TO THE CA ........................ 103 APPEALS BY CERTIORARI TO THE SC .. 106 COMPARATIVE TABLE ON THE MODES OF

APPEAL ............................................... 111 RELIEF FROM JUDGMENTS, ORDERS AND

OTHER PROCEEDINGS ....................... 113 ANNULMENT OF JUDGMENTS OR FINAL

ORDERS AND RESOLUTIONS ............ 114 COLLATERAL ATTACK OF JUDGMENTS 116

Execution, Satisfaction and Effect of Judgments .................................... 118 DIFFERENCE BETWEEN FINALITY OF

JUDGMENT FOR PURPOSES OF APPEAL; FOR PURPOSES OF EXECUTION ........ 118

WHEN EXECUTION SHALL ISSUE .......... 118 HOW A JUDGMENT IS EXECUTED ......... 121 EXECUTION FOR JUDGMENTS OF MONEY

............................................................ 122 EXECUTION OF JUDGMENTS FOR

SPECIFIC ACTS .................................. 124 EXECUTION FOR JUDGMENTS OF MONEY

........................................................... 125 PROPERTIES EXEMPT FROM EXECUTION

........................................................... 125 RETURN OF WRIT OF EXECUTION ........126 PROCEEDINGS WHERE PROPERTY IS

CLAIMED BY THIRD PERSONS ........... 127 RULES ON REDEMPTION ..................... 128 EFFECT OF JUDGMENT OR FINAL ORDERS

............................................................ 132 EFFECT OF FOREIGN JUDGMENTS OR

FINAL ORDERS ...................................134

Provisional Remedies ..................135 NATURE OF PROVISIONAL REMEDIES . 135 JURISDICTION OVER PROVISIONAL

REMEDIES .......................................... 135 PRELIMINARY ATTACHMENT ............... 135

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PRELIMINARY INJUNCTION ................. 139 RECEIVERSHIP ..................................... 144 REPLEVIN ............................................. 146

Special Civil Actions .................... 152 IN GENERAL .......................................... 152 INTERPLEADER .................................... 153 DECLARATORY RELIEFS AND SIMILAR REMEDIES ............................. 154 REVIEW OF JUDGMENTS AND FINAL

ORDERS OR RESOLUTION OF THE COMELEC AND COA .......................... 155

CERTIORARI, PROHIBITION AND MANDAMUS ................................. 156 QUO WARRANTO ................................. 162 EXPROPRIATION .................................. 164 FORECLOSURE OF REAL ESTATE MORTGAGE ................... 169 PARTITION ............................................ 172 FORCIBLE ENTRY AND UNLAWFUL

DETAINER .......................................... 175 CONTEMPT ............................................ 179 Special Civil Actions .................... 185 REVISED RULES ON SUMMARY

PROCEDURE....................................... 185 KATARUNGANG PAMBARANGAY LAW [PD 1508; RA 7160 AS AMENDED] ....... 186 RULES OF PROCEDURE FOR SMALL

CLAIMS CASES ...................................187 EFFICIENT USE OF PAPER RULE .......... 189

SPECIAL PROCEEDINGS

Preliminary Matters ...................... 191 APPLICABLE RULES .............................. 191 SUBJECT MATTER AND APPLICABILITY OF

GENERAL RULES ................................ 191 DIFFERENCE BETWEEN ACTION AND

SPECIAL PROCEEDING ....................... 191 VENUES AND JURISDICTIONS FOR

SPECIAL PROCEEDINGS .................... 192

Settlement of Estate of Deceased Persons, Venue And Process ...... 193 JURISDICTION ...................................... 193

Summary Settlement of Estates 194 EXTRAJUDICIAL SETTLEMENT BY

AGREEMENT BETWEEN HEIRS, WHEN ALLOWED .......................................... 195

AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR ......................................... 196

SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE ................................... 196

REMEDIES OF AGGRIEVED PARTIES AFTER EXTRA-JUDICIAL SETTLEMENT OF ESTATE .......................................... 197

Production and Probate of Will .. 198 NATURE OF PROBATE PROCEEDING .. 198 WHO MAY PETITION FOR PROBATE;

PERSONS ENTITLED TO NOTICE ....... 199

Allowance or Disallowance of Will ....................................................... 199 CONTENTS OF PETITION FOR

ALLOWANCE OF WILL ....................... 199 GROUNDS FOR DISALLOWING A WILL 200 REPROBATE; REQUISITES BEFORE WILL

PROVED OUTSIDE ALLOWED IN THE PHILIPPINES; EFFECTS OF PROBATE .......................................................... 200

REQUISITES FOR ALLOWANCE ........... 200

Letters Testamentary and of Administration ........................... 200 WHEN AND TO WHOM LETTERS OF

ADMINISTRATION GRANTED .......... 200 ORDER OF PREFERENCE ..................... 201 OPPOSITION TO ISSUANCE OF LETTERS

TESTAMENTARY; SIMULTANEOUS FILING OF PETITION FOR ADMINISTRATION ............................. 201

POWERS AND DUTIES OF EXECUTORS AND ADMINISTRATORS; RESTRICTIONS ON THE POWERS ............................... 202

APPOINTMENT OF SPECIAL ADMINISTRATOR .................. 204 GROUNDS FOR REMOVAL OF

ADMINISTRATOR .............................. 205

Claims against the Estate ......... 206 ESTATE BURDENED WITH LIEN OF

CREDITORS ....................................... 206 PURPOSE OF PRESENTATION OF CLAIMS

AGAINST ESTATE .............................. 206 TIME WITHIN WHICH CLAIMS SHALL BE

FILED; EXCEPTIONS .......................... 206 STATUTE OF NON-CLAIMS .................. 206

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CLAIM OF EXECUTOR OR ADMINISTRATOR AGAINST THE ESTATE ............................................................ 207

PAYMENT OF DEBTS ........................... 208

Actions by and against Executors and Administrators ...................... 211 ACTIONS THAT MAY BE BROUGHT

AGAINST EXECUTORS AND ADMINISTRATORS ............................. 211

Distribution and Partition ........... 212 LIQUIDATION ....................................... 212 PROJECT OF PARTITION ...................... 212 EFFECT OF FINAL DECREE OF

DISTRIBUTION ................................... 213 REMEDY OF AN HEIR ENTITLED TO

RESIDUE BUT NOT GIVEN HIS SHARE ............................................................. 213

INSTANCES WHEN PROBATE COURT MAY ISSUE WRIT OF EXECUTION ............... 213

Trustees ........................................ 213 DISTINGUISHED FROM EXECUTOR OR

ADMINISTRATOR ............................... 213 BOND ..................................................... 213 REQUISITES FOR THE REMOVAL AND

RESIGNATION OF A TRUSTEE ........... 214 GROUNDS FOR REMOVAL AND

RESIGNATION OF A TRUSTEE ........... 214 EXTENT OF AUTHORITY OF TRUSTEE . 214

Escheat ......................................... 215 WHEN TO FILE ...................................... 215 REQUISITES FOR FILING OF PETITION 215 REMEDY OF RESPONDENT AGAINST

PETITION; PERIOD FOR FILING A CLAIM ............................................................ 216

Guardianship ............................... 216 BASIS: PARENS PATRIAE ..................... 216 GUARDIANSHIP OF INCOMPETENT ..... 216 GENERAL POWERS AND DUTIES OF GUARDIANS ....................... 216 CONDITIONS OF THE BOND OF THE

GUARDIAN ........................................ 218 RULE ON GUARDIANSHIP OVER MINORS

............................................................ 218

Adoption ..................................... 222 DISTINGUISH DOMESTIC ADOPTION

FROM INTER-COUNTRY ADOPTION (ANNEX A) ......................................... 222

DOMESTIC ADOPTION ACT ................... 226

INTER-COUNTRY ADOPTION ............... 227

Writ of Habeas Corpus ............... 228 VITAL PURPOSES ................................. 228 WHO MAY ISSUE THE WRIT ................. 228 TEMPORARY RELEASE MAY CONSTITUTE

RESTRAINT -ELEMENTS ................... 228 NATURE ............................................... 228 WHC MAY BE USED WITH WRIT OF

CERTIORARI FOR PURPOSES OF REVIEW .............................................. 229

WHC IS NOT THE PROPER REMEDY FOR THE CORRECTION OF ERRORS OF FACT OR LAW ............................................. 229

WHC IS NOT PROPER ........................... 229 WHC IS PROPER ................................... 229 CONTENTS OF THE PETITION .............. 229 CONTENTS OF THE RETURN ................ 230 DISTINGUISH PEREMPTORY WRIT FROM

PRELIMINARY CITATION ................... 230 WHEN WRIT NOT PROPER OR

APPLICABLE ...................................... 230 WHEN DISCHARGE NOT AUTHORIZED . 231 DISTINGUISHED FROM WRIT OF AMPARO

AND HABEAS DATA (ANNEX B) ......... 231 CUSTODY OF MINORS AND WRIT OF

HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS (A.M. NO. 03-04-04-SC) ................................................. 231

WRIT OF HABEAS CORPUS IN RELATION TO CUSTODY OF MINORS ................. 234

Writ of Amparo ............................. 236 COVERAGE ........................................... 236 DISTINGUISH FROM WRIT OF HABEAS

CORPUS AND HABEAS DATA (ANNEX C) ........................................................... 236

DISTINGUISH WRIT OF AMPARO FROM SEARCH WARRANT ........................... 237

WHO MAY FILE ..................................... 237 CONTENTS OF RETURN ....................... 237 OMNIBUS WAIVER RULE ..................... 238 EFFECT OF FAILURE TO FILE A RETURN

........................................................... 238 PROCEDURE FOR HEARING ON THE WRIT

........................................................... 238 INSTITUTION OF SEPARATE ACTIONS 238 EFFECT OF FILING OF A CRIMINAL ACTION

........................................................... 239 INTERIM RELIEFS AVAILABLE TO THE

PETITIONER AND RESPONDENT ...... 240 QUANTUM OF PROOF IN APPLICATION

FOR ISSUANCE OF WRIT:

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Writ of Habeas Data .................... 240 SCOPE OF WRIT ................................... 240 AVAILABILITY OF WRIT ....................... 240 DISTINGUISHED FROM HABEAS CORPUS

AND AMPARO .................................. 240 CONTENTS OF THE PETITION .............. 241 INSTANCES WHEN PETITION MAY BE

HEARD IN CHAMBERS ...................... 241 EFFECT OF FILING OF CRIMINAL ACTION

............................................................ 241 DIFFERENCES UNDER THE APPLICABLE

RULES ................................................ 242 Change of Name and Cancellation or Correction of Entries In the Civil Registry ......................... 247 GROUNDS FOR CHANGE OF NAME

(ANNEX D) ......................................... 247

Absentees ................................... 248 PURPOSE OF THE RULE ....................... 248 WHO MAY FILE; WHEN TO FILE ............ 248 PETITION FOR DECLARATION OF

ABSENCE AND APPOINTMENT OF TRUSTEE OR ADMINISTRATOR [PDA] ............................................................ 248

WHEN TERMINATED ............................ 249

Cancellation or Correction of Entries in the Civil Registry ..................... 249 ENTRIES SUBJECT TO CANCELLATION OR

CORRECTION UNDER RULE 108, IN RELATION TO RA 9048 ..................... 248

Appeals in Special Proceeding .. 250 JUDGMENTS AND ORDERS FOR WHICH

APPEAL MAY BE TAKEN .................... 251 WHEN TO APPEAL ................................ 251 MODES OF APPEAL .............................. 251 RULE ON ADVANCE DISTRIBUTION ..... 251

Annex A ........................................ 251

CRIMINAL PROCEDURE

General Matters .......................... 260 JURISDICTION OVER SUBJECT MATTER

AND JURISIDICTION OVER PERSON OF THE ACCUSED DISTINGUISHED ......... 260

REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION .................................... 260

JURISDICTION OF CRIMINAL COURTS .................................................261 WHEN INJUNCTION MAY BE ISSUED TO

RESTRAIN CRIMINAL PROSECUTION 262

Prosecution of Offenses .............. 263 CRIMINAL ACTIONS; HOW INSTITUTED

........................................................... 263 WHO MAY FILE; CRIMES THAT CANNOT

BE PROSECUTED DE OFFICIO ............ 263 CRIMINAL ACTIONS; WHEN ENJOINED 264 CONTROL OF PROSECUTION ................ 264 SUFFICIENCY OF COMPLAINT OR

INFORMATION ................................... 265 DESIGNATION OF OFFENSE ................. 265 CAUSE OF THE ACCUSATION ................ 266 DUPLICITY OF OFFENSE; EXCEPTION .. 266 AMENDMENT OR SUBSTITUTION OF

COMPLAINT OR VENUE OF CRIMINAL ACTIONS ............ 267 INTERVENTION OF OFFENDED PARTY . 268 Prosecution of Civil Action ......... 269 RULE ON IMPLIED INSTITUTION OF CIVIL

ACTION WITH CRIMINAL ACTION ...... 269 WHEN CIVIL ACTION MAY PROCEED

INDEPENDENTLY ............................... 269 WHEN SEPARATE CIVIL ACTION IS

SUSPENDED ....................................... 269 EFFECT OF DEATH OF THE ACCUSED OR

CONVICT ON CIVIL ACTION ................ 269 PREJUDICIAL QUESTION ...................... 270 RULE ON FILING FEES IN CIVIL ACTION

DEEMED INSTITUTED WITH CRIMINAL ACTION ............................................... 270

Preliminary Investigation .............. 271 NATURE OF RIGHT ................................. 271 PURPOSES OF PRELIMINARY

INVESTIGATION ................................. 272 WHO MAY CONDUCT DETERMINATION OF

EXISTENCE OF PROBABLE CAUSE ..... 272

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RESOLUTION OF THE INVESTIGATING PROSECUTOR .................................... 273

REVIEW ................................................. 274 WHEN WARRANT OF ARREST MAY ISSUE

............................................................ 274 CASES NOT REQUIRING PRELIMINARY

INVESTIGATION NOR COVERED BY THE RULE ON SUMMARY PROCEDURE .... 274

REMEDIES OF ACCUSED IF THERE WAS NO PRELIMINARY INVESTIGATION ... 275

INQUEST ................................................ 275 Arrest ............................................ 276 DEFINITION ........................................... 276 HOW MADE ........................................... 276 ARREST WITHOUT WARRANT; WHEN

LAWFUL ............................................. 277 METHOD OF ARREST ............................ 278 REQUISITES OF VALID WARRANT OF

ARREST .............................................. 279 DETERMINATION OF PROBABLE CAUSE

FOR ISSUANCE OF WARRANT OF ARREST ............................................. 280

PROBABLE CAUSE OF FISCAL AND JUDGE DISTINGUISHED ................................ 280

Bail ................................................ 280 NATURE ............................................... 280 WHEN A MATTER OF RIGHT; EXCEPTIONS

........................................................... 280 WHEN A MATTER OF DISCRETION ....... 281 HEARING OF APPLICATION FOR BAIL IN

CAPITAL OFFENSES ........................... 282 GUIDELINES IN FIXING AMOUNT OF BAIL

............................................................ 283 WHEN BAIL IS NOT REQUIRED ............. 283 INCREASE OR REDUCTION ................... 283 FORFEITURE AND CANCELLATION OF

BAIL .................................................... 284 APPLICATION NOT A BAR TO OBJECTIONS

ON ILLEGAL ARREST, LACK OF OR IRREGULAR PRELIMINARY INVESTIGATION ................................. 284

HOLD/ALLOW DEPARTURE ORDER AND BUREAU OF IMMIGRATION WATCHLIST............................................................ 284

Rights of the Accused ................. 286 RIGHT TO BE PRESUMED INNOCENT

UNTIL THE CONTRARY IS PROVED BEYOND REASONABLE DOUBT ......... 286

RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM ..................................... 286

RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STATE OF THE PROCEEDINGS ........... 286

RIGHT TO TESTIFY AS WITNESS IN HIS BEHALF .............................................. 287

RIGHT AGAINST SELF-INCRIMINATION 287 RIGHT TO CONFRONTATION ................ 287 RIGHT TO COMPULSORY PROCESS ...... 288 RIGHT TO SPEEDY, IMPARTIAL AND

PUBLIC TRIAL ..................................... 288 RIGHT TO APPEAL IN GENERAL ........... 288 RIGHTS OF PERSONS UNDER CUSTODIAL

INVESTIGATIONS ............................... 288 Arraignment and Plea ................ 290 ARRAIGNMENT AND PLEA; HOW MADE

........................................................... 290 WHEN PLEA OF NOT GUILTY SHOULD BE

ENTERED............................................ 291 WHEN ACCUSED MAY ENTER A PLEA OF

GUILTY TO A LESSER OFFENSE ......... 291 ACCUSED PLEADS GUILTY TO CAPITAL

OFFENSE; DUTY OF THE COURT ........ 292 SEARCHING INQUIRY ............................ 292 IMPROVIDENT PLEA OF GUILTY TO A

CAPITAL OFFENSE ............................. 293 GROUNDS FOR SUSPENSION OF

ARRAIGNMENT .................................. 293 Motion to Quash ......................... 294 FORM AND CONTENT ........................... 294 GROUNDS ............................................. 294 MOTION TO QUASH AND DEMURRER

DISTINGUISHED ................................. 297 EFFECTS OF SUSTAINING THE MOTION TO

QUASH ............................................... 297 EXCEPTION TO THE RULE THAT

SUSTAINING THE MOTION IS NOT A BAR TO ANOTHER

PROSECUTION ...................................... 298 DOUBLE JEOPARDY .............................. 298 PROVISIONAL DISMISSAL .................... 299 Pre-Trial ....................................... 300 APPLICATION OF JUDICIAL AFFIDAVIT

RULE .................................................. 300 MATTERS TO BE CONSIDERED DURING

PRE-TRIAL ......................................... 301 WHAT THE COURT SHOULD DO WHEN

THE PROSECUTION AND OFFENDED PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED ............................... 301

PRE-TRIAL AGREEMENT ...................... 302

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NON-APPEARANCE DURING PRE-TRIAL............................................................ 302

PRE-TRIAL ORDER ................................ 302 REFERRAL OF SOME CASES FOR COURT

ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLUTION ...................... 303

Trial............................................... 303 INSTANCES WHEN PRESENCE OF

ACCUSED IS REQUIRED BY LAW .............. REQUISITES BEFORE TRIAL CAN BE

SUSPENDED ON ACCOUNT OF ABSENCE OF WITNESS ....................................... 303

TRIAL IN ABSENTIA ..............................304 REMEDY WHEN ACCUSED IS NOT

BROUGHT TO TRIAL WITHIN THE PRESCRIBED PERIOD.........................304

REQUISITES FOR DISCHARGE OF ACCUSED TO BECOME A STATE WITNESS ............................................304

EFFECTS OF DISCHARGE OF ACCUSED AS STATE WITNESS ................................. 305

DEMURRER TO EVIDENCE .................... 305 Judgment ..................................... 307 REQUISITES OF A JUDGMENT .............. 307 CONTENTS OF JUDGMENT ................... 307 PROMULGATION OF JUDGMENT;

INSTANCES OF PROMULGATION IN ABSENTIA ........................................... 309

WHEN DOES JUDGMENT BECOME FINAL............................................................ 310

New Trial or Consideration ........... 311 GROUNDS FOR NEW TRIAL ................... 311 GROUNDS FOR RECONSIDERATION ..... 311 REQUISITES BEFORE A NEW TRIAL MAY

BE GRANTED ON GROUND OF NEWLY DISCOVERED EVIDENCE ..................... 311

EFFECTS OF GAINING NEW TRIAL FOR CONSIDERATION ................................ 311

APPLICATION OF THE NEYPES DOCTRINE IN CRIMINAL CASES ............................ 312

Appeal ........................................... 313 EFFECT OF AN APPEAL .......................... 313 WHERE TO APPEAL ................................ 313 HOW APPEAL IS TAKEN ......................... 313 EFFECT OF APPEAL BY ANY OF SEVERAL

ACCUSED ............................................ 319 GROUNDS FOR DISMISSAL OF APPEAL 319 Search and Seizure ...................... 319

NATURE OF SEARCH WARRANT ........... 319 ARREST AND SEARCH WARRANTS

DISTINGUISHED ................................. 320 APPLICATION FOR SEARCH WARRANT;

WHERE FILED ...................................... 321 PROBABLE CAUSE ................................ 323 PERSONAL EXAMINATION BY JUDGE OF

THE APPLICANT AND WITNESS ......... 323 PARTICULARITY OF PLACE TO BE

SEARCHED AND THINGS TO BE SEIZED ........................................................... 324

PROPERTY TO BE SEIZED .................... 325 EXCEPTIONS TO SEARCH WARRANT

REQUIREMENT .................................. 325 REMEDIES FROM UNLAWFUL SEARCH

AND SEIZURE ..................................... 327 WAIVER OF IMMUNITY AGAINST

UNREASONABLE SEARCH AND SEIZURE ........................................................... 329

Provisional Remedies .................. 329 NATURE ................................................ 329 KINDS OF PROVISIONAL REMEDIES .... 329

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EVIDENCE

General Principles of Evidence .. 332 CONCEPT OF EVIDENCE ....................... 332 APPLICABILITY ...................................... 332 EVIDENCE IN CIVIL CASES VS. EVIDENCE

IN CRIMINAL CASES .......................... 332 PROOF VS. EVIDENCE .......................... 333 FACTUM PROBANS VERSUS FACTUM

PROBANDUM ..................................... 333 3 CLASSES OF EVIDENCE ACCORDING TO

FORM .................................................. 333 ADMISSIBILITY OF EVIDENCE ............... 333 BURDEN OF PROOF AND BURDEN OF

EVIDENCE ........................................... 335 PRESUMPTIONS ................................... 336 LIBERAL CONSTRUCTION OF THE RULES

OF EVIDENCE ..................................... 339 QUANTUM OF EVIDENCE (WEIGHT AND

SUFFICIENCY OF EVIDENCE) ............. 339 Judicial Notice and Judicial Admissions .................... 340 WHAT NEED NOT BE PROVED .............340 MATTERS OF JUDICIAL NOTICE ...........340 WHEN HEARING NECESSARY ..............340 JUDICIAL ADMISSIONS ........................ 341 JUDICIAL NOTICE OF FOREIGN LAWS,

LAW OF NATIONS AND MUNICIPAL ORDINANCES .................................... 342

Object (Real) Evidence ............... 343 NATURE OF OBJECT EVIDENCE ........... 343 REQUISITES FOR ADMISSIBILITY ......... 343 CATEGORIES OF OBJECT EVIDENCE .... 344 CHAIN OF CUSTODY IN RELATION TO

SECTION 21 OF THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

.............................................................. 345 RULES ON DNA EVIDENCE .................... 345 Documentary Evidence ...............347 MEANING OF DOCUMENTARY EVIDENCE

............................................................ 347 REQUISITES FOR ADMISSIBILITY ........ 347 BEST EVIDENCE RULE .......................... 347 RULES ON ELECTRONIC EVIDENCE ..... 348 PAROL EVIDENCE RULE ....................... 350 AUTHENTICATION AND PROOF OF

DOCUMENTS ..................................... 351 Testimonial Evidence ................. 354

QUALIFICATIONS OF A WITNESS ......... 354 COMPETENCY VS. CREDIBILITY ........... 354 DISQUALIFICATIONS OF WITNESSES .. 355 EXAMINATION OF A WITNESS .............. 361 ADMISIONS AND CONFESSIONS ......... 364 HEARSAY RULE ..................................... 368 OPINION RULE ..................................... 374 CHARACTER EVIDENCE ........................ 375 RULE ON EXAMINATION OF A CHILD

WITNESS ............................................ 376

Offer and Objection .................... 379 OFFER OF EVIDENCE ............................ 379 WHEN TO MAKE AN OFFER ................. 380 OBJECTION ........................................... 380 STRIKING OUT AN ANSWER ..................381 TENDER OF EXCLUDED EVIDENCE ....... 382

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RULES OF

PROCEDURE FOR ENVIRONMENTAL

CASES

Scope and Applicability of the Rule ...................................................... 384 Civil Procedure ............................. 385 WHO MAY FILE ...................................... 385 PROHIBITION AGAINST TEMPORARY

RESTRAINING ORDER AND PRELIMINARY INJUNCTION .............. 385

TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO) ............ 385

PRE-TRIAL CONFERENCE; CONSENT DECREE ............................................. 385

PROHIBITED PLEADINGS AND MOTIONS ............................................................ 385

JUDGMENT AND EXECUTION; RELIEFS IN A CITIZENS SUIT ............................... 387

PERMANENT ENVIRONMENTAL PROTECTION ORDER; WRIT OF CONTINUING MANDAMUS ................ 387

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION ................................. 387

Special Civil Actions .................... 388 WRIT OF KALIKASAN ............................ 388 PROHIBITED PLEADINGS AND MOTIONS

............................................................ 388 DISCOVERY MEASURES ........................ 389 WRIT OF CONTINUING MANDAMUS .... 389 Criminal Procedure ...................... 391 WHO MAY FILE ..................................... 391 INSTITUTION OF CRIMINAL AND CIVIL

ACTION .............................................. 391 ARREST WITHOUT WARRANT, WHEN

VALID ................................................. 391 STRATEGIC LAWSUIT AGAINST PUBLIC

PARTICIPATION ................................ 391 PROCEDURE IN THE CUSTODY AND

DISPOSITION OF SEIZED ITEMS ........ 391 BAIL ...................................................... 392 ARRAIGNMENT AND PLEA .................. 392 PRE-TRIAL ............................................ 392 SUBSIDIARY LIABILITIES ...................... 393

Evidence ....................................... 393 PRECAUTIONARY PRINCIPLE ............... 393 DOCUMENTARY EVIDENCE .................. 393

UP LAW BOC CIVIL PROCEDURE REMEDIAL LAW


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General Principles

CONCEPT OF REMEDIAL LAW Remedial law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion [Bustos v. Lucero, 81 Phil. 640]. Remedial statute or statutes: (1) Relating to remedies or modes of

procedure; (2) Do not take away or create vested rights; (3) BUT operate in furtherance of rights

already existing. [Riano citing Systems Factor Corporation v NLRC (2000)]

Source Remedial law is basically contained in the Rules of Court. Circulars of the Supreme Court implementing the Rules of Court (e.g. Rules on Summary Procedure) also contain remedial law. The Rules of Court, promulgated by authority of law, have the force and effect of law, if not in conflict with positive law [Inchausti & Co v de Leon (1913)]. The rule is subordinate to the statute, and in case of conflict, the statute will prevail. [Shioji v Harvey (1922)]. Applicability The Rules of Court is applicable in ALL COURTS, EXCEPT as otherwise provided by the SC [Rule 1, Sec. 2]. It governs the procedure to be observed in CIVIL or CRIMINAL actions and SPECIAL proceedings [Rule 1, Sec. 3]. It does not apply to the following cases: (1) Election cases, (2) Land registration cases, (3) Cadastral cases (4) Naturalization cases, (5) Insolvency proceedings (6) Other cases not herein provided for

Except by analogy or in a suppletory character and whenever practicable and convenient [Rule 4, Sec. 4]

Prospectivity/ Retroactivity The Rules of Court are not penal statutes and cannot be given retroactive effect [Bermejo v Barrios (1970)]. Rules of procedure may be made applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent. [In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong (2006)]. The Rules of Court shall govern cases brought after they take effect, and also all further proceedings then pending, EXCEPT to the extent that in the opinion of the Court their application would not be feasible or would work injustice. [Riano citing Rule 114]

SUBSTANTIVE LAW VIS--VIS REMEDIAL LAW Substantive Law - creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action [Bustos v. Lucero, 81 Phil. 640]

Substantive Law Remedial Law

It is that part of the law which creates, defines, or regulates rights, concerning life, liberty or property or the powers of agencies or instrumentalities for the administration of public affairs

It refers to the legislation providing means or methods whereby causes of action may be effectuated, wrongs redressed, and relief obtained It is also called Adjective Law

It makes vested rights possible

It has no vested rights

It is prospective in application

It governs acts and transactions which took place (retroactive)

It cannot be enacted by the SC

The SC is expressly empowered to promulgate procedural rules


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RULE MAKING POWER OF THE SUPREME COURT Judicial Power includes the duty of the courts of justice to settle actual controversies involving rights, which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government (Sec. 1, Art. VIII, 1987 Constitution) The power of judicial review is the SCs power to declare a law, treaty, international or executive agreement, presidential decree, proclamation, order, instruction, ordinance, or regulation unconstitutional Sec. 5(5), Art. VIII, of the 1987 Constitution provides that that the Supreme Court shall have the power to: (1) promulgate rules concerning the protection

and enforcement of constitutional rights, pleading, practice, and procedure in all courts;

(2) admission to the practice of law; (3) the Integrated Bar; (4) and legal assistance to the underprivileged LIMITATIONS ON THE RULE-MAKING POWER OF THE SUPREME COURT Sec 5(5) of Art. VIII of the Constitution sets forth the limitations to the power: (1) That the rules shall provide a simplified and

inexpensive procedure for speedy disposition of cases;

(2) That the rules shall be uniform for courts of the same grade; and

(3) That the rules shall not diminish, increase or modify substantive rights.

POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES Power to Amend Remedial Laws (1) The constitutional faculty of the Court to

promulgate rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on points of remedial law through the amendment of the Rules of Court. [Pinga v Heirs of Santiago (2006)].

(2) The SC has the sole prerogative to amend, repeal, or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of case [Neypes v CA (2005)]

Power to Suspend Remedial Laws (1) It is within the inherent power of the

Supreme Court to suspend its own rules in a particular case in order to do justice [De Guia v De Guia (2001)].

(2) When the operation of rules will lead to an injustice or if their application tends to subvert and defeat instead of promote and enhance justice, their suspension is justified [Republic v CA (1978)].

(3) There is no absolute rule as to what constitutes good and sufficient cause that will merit suspension of the rules. The matter is discretionary upon the Court [Republic v Imperial Jr. (1999)].

(4) The bare invocation of "the interest of substantial justice" is not a magic wand that will automatically compel this Court to suspend procedural rules [Ramos v Sps Lavendia (2008)].

(5) Procedural rules are not to be belittled or dismissed simply because their non-observance may have resulted in prejudice to a party's substantive rights. Like all rules, they are required to be followed except only for the most persuasive of reasons when they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thoughtlessness in not complying with the procedure prescribed. [Polanco v Cruz (2009)].

NATURE OF PHILIPPINE COURTS

MEANING OF A COURT xA court is an organ of the government

belonging to the judicial department, the function of which is the application of the laws to controversies brought before it (and) as well as the public administration of justice.

xGenerally, the term describes an organ of the government consisting of one person or of several persons, called upon and authorized to administer justice. It is also the place where justice is administered. [Riano citing Blacks and Am. Jur. and C. J. S.]


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COURT AS DISTINGUISHED FROM A JUDGE

Court Judge A tribunal officially assembled under authority of law

An officer of such tribunal

An organ of the government with a personality separate from the person or judge

The judge is the one who sits in court

A being in imagination comparable to a corporation

A physical and natural person

May be considered an office

A public officer

The circumstances of the court are not affected by the circumstance that would affect the judge. The continuity of a court and the efficacy of its proceedings are not affected by the death, resignation, or cessation from the service of the judge presiding over it. In other words, the judge may resign, become incapacitated, or be disqualified to hold office, but the court remains. The death of the judge does not mean the death of the court [Riano citing ABC Davao Auto Supply v. CA (1998)]. CLASSIFICATION OF PHILIPPINE COURTS (1) Courts of original and appellate jurisdiction (2) Courts of general and special jurisdiction (3) Constitutional and statutory courts (4) Courts of law and equity (5) Superior and Inferior Courts (6) Courts of record and not of record COURTS OF ORIGINAL AND APPELLATE JURISDICTION Courts of original jurisdiction Those courts in which, under the law, actions or proceedings may be originally commenced. Courts of appellate jurisdiction Courts which have the power to review on appeal the decisions or orders of a lower court. [Regalado]

COURTS OF GENERAL AND SPECIAL JURISDICTION Courts of general jurisdiction Those competent to decide their own jurisdiction and to take cognizance of all kinds of cases, unless otherwise provided by the law or Rules. Courts of special or limited jurisdiction Those which have no power to decide their own jurisdiction and can only try cases permitted by statute. [Regalado] CONSTITUTIONAL AND STATUTORY COURTS Constitutional courts Those which owe their creation and existence to the Constitution and, therefore cannot be legislated out of existence or deprived by law of the jurisdiction and powers unqualifiedly vested in them by the Constitution. e.g. Supreme Court; Sandiganbayan is a constitutionally-mandated court but created by statute. Statutory courts Those created, organized and with jurisdiction exclusively determined by law. [Regalado] COURTS OF LAW AND EQUITY Courts of Law- Those courts which administer the law of the land. They settle cases according to law. Courts of Equity- Those courts which rules according to the precepts of equity or justice. They settle cases according to the principles of equity referring to principles of justice, fairness and fair play. Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction is dispensed with in the same tribunal [U.S. v. Tamparong (1998)] SUPERIOR AND INFERIOR COURTS Superior courts Courts which have the power of review or supervision over another and lower court. Inferior courts Those which, in relation to another court, are lower in rank and subject to review and supervision by the latter. [Regalado]


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COURTS OF RECORD AND NOT OF RECORD Courts of record Those whose proceedings are enrolled and which are bound to keep a written record of all trials and proceedings handled by them. [Regalado] One attribute of a court of record is the strong presumption as to the veracity of its records that cannot be collaterally attacked except for fraud. All Philippine courts, including inferior courts, are now courts of record. [Riano] Courts not of record Courts which are not required to keep a written record or transcript of proceedings held therein. PRINCIPLE OF JUDICIAL HIERARCHY The judicial system follows a ladderized scheme which in essence requires that lower courts initially decide on a case before it is considered by a higher court. Specifically, under the judicial policy recognizing hierarchy of courts, a higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. [Riano citing Santiago v. Vasquez (1993)] The principle is an established policy necessary to avoid inordinate demands upon the Courts time and attention which are better devoted to those matters within its exclusive jurisdiction, and to preclude the further clogging of the Courts docket [Lim v. Vianzon (2006)]. When the doctrine/principle may be disregarded: A direct recourse of the Supreme Courts original jurisdiction to issue writs (referring to the writs of certiorari, prohibition, or mandamus) should be allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition. [Mangahas v. Paredes (2007)]. The Supreme Court may disregard the principle of hierarchy of courts if warranted by the nature and importance of the issues raised in the interest of speedy justice and avoid future litigations [Riano].

DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY The principle holds that courts of equal and coordinate jurisdiction cannot interfere with each others orders [Lapu-lapu Development and Housing Corp. v. Group Management Corp.(2002)] The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review [Villamor v. Salas (1991)]. The doctrine of non-interference applies with equal force to administrative bodies. When the law provides for an appeal from the decision of an administrative body to the SC or CA, it means that such body is co-equal with the RTC in terms of rank and stature, and logically beyond the control of the latter [Phil Sinter Corp. v. Cagayan Electric Power (2002)]. General Rule: No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court Exception: The doctrine of judicial stability does not apply where a third party claimant is involved

Jurisdiction JURISDICTION IN GENERAL Jurisdiction is defined as the authority to try, hear and decide a case [Tolentino v. Leviste (2004)]. Judicial power includes the duty of the courts of justice: [Art 8, Sec. 1, Constitution] (1) To settle actual controversies involving

rights which are legally demandable and enforceable;

(2) To determine WON there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any government branch/ instrumentality.

All courts exercise judicial power. Only the Supreme Court is the court created by the Constitution [Art 8, Sec. 1, Constitution]. The Sandiganbayan is a Constitutionally mandated court, but it is created by statute. [PD 1486]


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REQUISITES FOR A VALID EXERCISE OF JURISDICTION (1) Court must have jurisdiction over the

persons of the parties (2) It must have jurisdiction over the subject

matter of the controversy (3) It must have jurisdiction over the res (4) It must have jurisdiction over the issues

JURISDICTION OVER THE PARTIES The manner by which the court acquires jurisdiction over the parties depends on whether the party is the plaintiff or the defendant. The mode of acquisition of jurisdiction over the plaintiff and the defendant applies both to ordinary and special civil actions. How jurisdiction over the PLAINTIFF is acquired - Jurisdiction over the plaintiff is acquired by filing of the complaint or petition. By doing so, he submits himself to the jurisdiction of the court [Davao Light & Power Co., Inc. v CA (1991)]. How jurisdiction over the DEFENDANT is acquired - Acquired by the (1) Voluntary appearance or submission by the

defendant or respondent to the court or (2) By coercive process issued by the court to

him, generally by the service of summons [de Joya v. Marquez (2006), citing Regalado]

NOTE: In an action in personam, jurisdiction over the person is necessary for the court to validly try and decide the case, while in a proceeding in rem or quasi in rem, jurisdiction over the person of the defendant is not a prerequisite to confer jurisdiction on the court provided the latter has jurisdiction over the res [Alba v. CA (2005)].

JURISDICTION OVER THE SUBJECT MATTER Jurisdiction over the subject matter is the power to deal with the general subject involved in the action, and means not simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case belongs [Riano citing CJS]. It is the power to hear and determine cases of the general class to which the proceedings in question belong [Reyes v. Diaz (1941)] JURISDICTION VERSUS THE EXERCISE OF JURISDICTION Jurisdiction - the authority to hear and determine a cause the right to act in a case. [Arranza v. BF Homes (2000)]. Exercise of Jurisdiction: the exercise of this power or authority Jurisdiction is distinct from the exercise thereof. Jurisdiction is the authority to decide a case and not the decision rendered therein. When there is jurisdiction over the subject matter, the decision on all other questions arising in the case is but an exercise of jurisdiction. [Herrera v. Baretto et al (1913)] ERROR OF JURISDICTION AS DISTINGUISHED FROM ERROR OF JUDGMENT

Error of jurisdiction Error of judgment

It is one where the act complained of was issued by the court without or in excess of jurisdiction [Cabrera v. Lapid (2006)].

It is one which the court may commit in the exercise of its jurisdiction [Cabrera v. Lapid (2006)]. It includes errors of procedure or mistakes in the courts mistakes in the courts findings [Banco Filipino Savings v. CA (2000)]

Correctible only by the extraordinary writ of certiorari [Cabrera v Lapid (2006)]

Correctible by appeal [Cabrera v Lapid (2006)]

Renders a judgment void or voidable [Rule 16 Sec. 1, Rule 65]

Ground for reversal only if it is shown that prejudice has been caused [Banco Espaol-Filipino v Palanca (1918)]


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How conferred and determined: (1) Jurisdiction being a matter of substantive

law, the statute in force at the time of the commencement of the action determines the jurisdiction of the court.

(2) It is conferred only by the Constitution or

the law. (3) Jurisdiction CANNOT be:

(a) Fixed by agreement of the parties; (b) Cannot be acquired through, or waived,

enlarged or diminished by, any act or omission of the parties;

(c) Neither can it be conferred by the acquiescence of the court [Regalado citing De Jesus v Garcia (1967)].

(d) Cannot be subject to compromise [Civil Code, Art 2035]

(4) Jurisdiction over the subject matter is

determined by the allegations of the complaint and the reliefs prayed for. [Gulfo v. Ancheta (2012)]

(5) It is not affected by the pleas set up by the

defendant in the answer or in the answer or in a motion to dismiss. [Sindico v. Diaz (2004)].

(6) Once attached to a court, it cannot be

ousted by subsequent statute. (a) Exception: The statute itself conferring

new jurisdiction expressly provides for retroactive effect. [Southern Food v. Salas (1992)]

(7) The filing of the complaint or appropriate

initiatory pleading and the payment of the prescribed docket fee vest a trial court with jurisdiction over the subject matter or the nature of the action [CB v. CA (1992)](2008 Bar Exam). (a) Exception: Non-payment of docket fee

does not automatically cause the dismissal of the case on the ground of lack of jurisdiction as long as the fee is paid within the applicable prescriptive or reglementary period, more so when the party involved demonstrates a willingness to abide by the rules prescribing such payment. [Go v. Tong (2003)]

DOCTRINE OF PRIMARY JURISDICTION Courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact [Paloma v. Mora (2005)]. Objective is to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some question or some aspect of some question arising in the proceeding before the court [Riano citing Omictin v. CA (2007)] DOCTRINE OF ADHERENCE OF JURISDICTION Also known as doctrine of continuity of jurisdiction The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case [Bantua v. Mercader (2001)]. As a consequence, jurisdiction is not affected by a new law placing a proceeding under the jurisdiction of another tribunal, EXCEPT: (1) Where there is an express provision in the

statute (2) The statute is clearly intended to apply to

actions pending before its enactment [Riano citing People v. Cawaling (1998)].

OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER When it appears from the pleadings or evidence on record that the court has no jurisdiction over the subject matter, the court shall dismiss the same. [Sec. 1, Rule 9] The court may on its OWN INITIATIVE object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction [Fabian v. Desierto (1998)]. Earliest opportunity of a party to raise the issue of jurisdiction is in a motion to dismiss filed before the filing or service of an answer.


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Lack of jurisdiction over subject matter is a ground for a motion to dismiss. If no motion is filed, the defense of lack of jurisdiction may be raised as an affirmative defense in the answer. [Riano citing Sec. 1(b) and 6 of Rule 16]. 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 reason that the court cannot remand the case to another court with the proper jurisdiction. Its only power is to dismiss and not to make any other order. EFFECT OF ESTOPPEL ON OBJECTIONS TO JURISDICTION General Rule: Estoppel does not apply to confer jurisdiction to a tribunal that has none over a cause of action. Jurisdiction is conferred by law. Where there is none, no agreement of the parties can provide one. Settled is the rule that the decision of a tribunal not vested with appropriate jurisdiction is null and void. [SEAFDEC-AQD v. NLRC (1992)] Exception: Participation in all stages of the case before the trial court, that included invoking its authority in asking for affirmative relief, effectively barred petitioner by estoppel from challenging the courts jurisdiction. [Soliven v. Fastforms (2004)]

JURISDICTION OVER THE ISSUES It is the power of the court to try and decide issues raised in the pleadings of the parties. An issue is a disputed point or question to which parties to an action have narrowed down their several allegations 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 and determined by: (1) The pleadings of the parties. The pleadings

present the issues to be tried and determine whether or not the issues are of fact or law.

(2) Stipulation of the parties as when in the pre-trial, the parties enter into stipulations of facts and documents or enter into agreement simplifying the issues of the case.

(3) Waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings. Here the parties try with their express or implied consent or issues not raised by the pleadings. The issues tried shall be treated in all respects as if they had been raised in the pleadings.

JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION Jurisdiction over the res refers to the courts jurisdiction over the thing or the property which is the subject of the action. Jurisdiction over the res may be acquired by the court (1) By placing the property or thing under its

custody (custodia legis) (a) The seizure of the thing under legal

process whereby it is brought into actual custody of law

(b) Example: attachment of property. (2) Through statutory authority conferring

upon it the power to deal with the property or thing within the courts territorial jurisdiction (a) Institution of a legal proceeding wherein

the power of the court over the thing is recognized and made effective

(b) Example: suits involving the status of the parties or suits involving the property in the Philippines of non-resident defendants.

JURISDICTION OF THE METROPOLITAN TRIAL COURTS AND MUNICIPAL TRIAL COURTS JURISDICTION OF THE MTCs IN CIVIL CASES Exclusive Original Jurisdiction (1) If the amount involved does not exceed

P300,000 outside Metro Manila or does not exceed P400,000 in Metro Manila in the following cases: (a) Actions involving personal property


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(b) Probate Proceeding (testate and intestate) based on gross value of the estate

(c) Admiralty and maritime cases (d) Demand for money

Note: Do not include Interest, Damages of whatever kind, Attorneys fees, Litigation Expenses, and Costs (IDALEC). However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court.

(2) Actions involving title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000 outside Metro Manila or does not exceed P50,000 in Metro Manila

(3) Inclusion and exclusion of voters

(4) Those governed by the Rules on Summary Procedure

(a) Forcible entry and unlawful detainer (FEUD) (i) With jurisdiction to resolve issue of

ownership to determine ONLY issue of possession (provisional only)

(ii) Irrespective of the amount of damages or unpaid rentals sought to be recover

(iii) Where attorneys fees are awarded, the same shall not exceed P20,000

(b) Other civil cases, except probate proceeding, where the total amount of the plaintiffs claim does not exceed P200,000 in MM, exclusive of interests and costs.

Special Jurisdiction over petition for writ of habeas corpus OR application for bail in criminal cases in the absence of all RTC judges in the province or city Delegated Jurisdiction to hear and decide cadastral and land registration cases where: (1) There is no controversy over the land (2) In case of contested lands, the value does

not exceed P100, 000: (a) The value is to be ascertained:

(i) By the claimants affidavit (ii) By agreement of the respective

claimants, if there are more than one

(iii) From the corresponding tax declaration of the real property

NOTE: MTC decisions in cadastral and land registration cases are appealable in the same maner as RTC decisions

1st level courts: (a) Metropolitan Trial Court Metro Manila; (b) Municipal Trial Courts in Cities situated in

cities (c) Municipal Circuit Trial Court composed of

multi-sala (d) Municipal Trial Courts in one municipality

JURISDICTION OVER SMALL CLAIMS, SUMMARY PROCEDURE, AND BARANGAY CONCILIATION JURISDICTION OVER SMALL CLAIMS MTCs, MeTCs and MCTCs shall have jurisdiction over actions for payment of money where the value of the claim does not exceed P100,000 exclusive of interest and costs [Sec. 2, AM 08-8-7-SC, Oct. 27, 2009]. Actions covered are (1) Purely civil in nature where the claim or

relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and

(2) The civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 [Sec. 4, AM 08-8-7-SC].

These claims may be: (1) For money owed under the contracts of

lease, loan, services, sale, or mortgage; (2) For damages arising from fault or

negligence, quasi-contract, or contract; and

(3) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim pursuant to Sec. 417 of RA 7160 [LGC].


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CASES COVERED BY RULES ON SUMMARY PROCEDURE All cases of forcible entry and unlawful detainer (FEUD), irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorneys fees are awarded, the same shall not exceed P20,000; All other cases, except probate proceedings where the total amount of the plaintiffs claim does not exceed P100,000 (outside Metro Manila) or P200,000 (in Metro Manila), exclusive of interest and costs. Prohibited Pleadings: (1) Motion to dismiss the compliant except on

the ground of lack of jurisdiction; (2) Motion for a bill of particulars; (3) Motion for new trial, or for reconsideration

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

pleadings, affidavits, or any other paper; (6) Memoranda; (7) Petition for certiorari, mandamus, or

prohibition against any interlocutory order issued by the court;

(8) Motion to declare the defendant in default; (9) Dilatory motions for postponement; (10) Reply; (11) Third-party complaints; and (12) Interventions. [Sec. 14, Prohibited

pleadings and motions] CASES COVERED BY THE RULES ON BARANGAY CONCILIATION The Lupon of each barangay shall have the authority to bring together the parties actually residing in the same municipality or city for amicable settlement of all disputes Except: (1) Where one party is the government or any

subdivision or instrumentality thereof (2) Where one party is a public officer or

employee, and the dispute relates to the performance of his official functions

(3) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding P5,000

(4) Offenses where there is no private offended party

(5) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon

(6) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon

(7) Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice

(8) Any complaint by or against corporations, partnerships, or juridical entities. The reason is that only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents

(9) Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically: (a) A criminal case where the accused is

under police custody or detention (b) A petition for habeas corpus by a person

illegally detained or deprived of his liberty or one acting in his behalf

(c) Actions coupled with provisional remedies, such as preliminary injunction, attachment, replevin and support pendente lite

(d) Where the action may be barred by statute of limitation

(10) Labor disputes or controversies arising from employer-employee relationship

(11) Where the dispute arises from the CARL (12) Actions to annul judgment upon a

compromise which can be directly filed in court.

Note: It is a condition precedent under Rule 16; can be dismissed but without prejudice


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JURISDICTION OF THE REGIONAL TRIAL COURTS, FAMILY COURTS, AND SHARIA COURTS JURISDICTION OF THE RTC IN CIVIL CASES General Original Jurisdiction: All cases not within the exclusive jurisdiction of any court/tribunal/person/ body exercising judicial or quasi-judicial functions Exclusive Original Jurisdiction (1) The action is incapable of pecuniary

estimation (a) Such as rescission of contract, action to

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

(b) If the action is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and jurisdiction over the action will depend on the amount of the claim. [RCPI v. CA (2002)]

(c) If the basic issue is something other than the right to recover a sum of money, if the money claim is purely incidental to, or a consequence of, the principal relief sought, the action is one where the subject of the litigation may not be estimated in terms of money. [Soliven v. Fastforms (1992)]

(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 Except: Forcible entry and unlawful detainer cases

(3) If the amount involved exceeds P300,000 outside Metro Manila or exceeds P400,000 in Metro Manila in the following cases: (a) Admiralty and maritime cases (b) Matters of Probate (testate and

intestate) (c) Other actions involving personal

property (d) Demand for money

Note: The exclusion of the term damages of whatever kind in determining the jurisdictional amount under Sec. 19(8) and Sec. 33 (1) of BP 129, as amended by RA 7691, applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However, if the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the court. [Admin Circ. 09-94]

(4) All actions involving the contract of

marriage and family relations

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 thereof

(c) 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

(d) Petitions for support and/or acknowledgment

(e) 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 involuntary commitment 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 NOTE: In areas where there are no Family Courts, the above-enumerated cases shall be adjudicated by the RTC (RA 8369)

Ma. Angela G. Butalid


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(5) To hear and decide intra-corporate controversies, as per Sec. 52, Securities and Regulations Code (a) Cases involving devises or schemes

employed by or any acts, of the board of directors, business associates, its officers or partnership, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the SEC

(b) 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

(c) Controversies in the election or appointments of directors, trustees, officers or managers of such corporations, partnerships or associations

(d) Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership of 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 of association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.

Concurrent Jurisdiction (1) With the Supreme Court in actions

affecting ambassadors, other public ministers and consuls

(2) With the SC and CA in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto, habeas corpus, and writ of continuing mandamus on environmental cases

(3) With the SC, CA and Sandigabayan in petitions for writs of habeas data and amparo

(4) With Insurance Commissioner claims not exceeding P100,000

Appellate Jurisdiction over cases decided by lower courts in their respective territorial jurisdictions EXCEPT 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 jurisdiction of any quasi-judicial body and other special cases in the interest of justice. JURISDICTION OF THE SHARIA COURTS Exclusive Jurisdiction (1) All cases involving custody, guardianship,

legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws;

(2) All cases involving disposition, distribution and settlement of estate of deceased Muslims, probate of wills, issuance of letters of administration of appointment administrators or executors regardless of the nature or aggregate value of the property;

(3) Petitions for the declaration of absence and death for the cancellation and correction of entries in the Muslim Registries;

(4) All actions arising from the customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and

(5) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus and all other auxiliary writs and processes in aid of its appellate jurisdiction

Concurrent Jurisdiction (1) Petitions of Muslim for the constitution of

the family home, change of name and commitment of an insane person to an asylum

(2) All other personal and legal actions not mentioned in par 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive jurisdiction of the MTC.


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(3) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims

Cases Cognizable (1) Offenses defined and punished under PD

1083 (2) Disputes relating to:

(a) Marriage (b) Divorce (c) Betrothal or breach of contract to marry (d) Customary dowry (mahr) (e) Disposition and distribution of property

upon divorce (f) Maintenance and support and

consolatory gifts (muta) (g) Restitution of marital rights

(3) Disputes relative to communal properties Note: The Sharia District Court or the Sharia Circuit Court may constitute an Agama Arbitration Council to settle certain cases amicably and without formal trial. The Council is composed of the Clerk of Court as Chairperson and a representative of each of the conflicting parties.

JURISDICTION OF THE SANDIGANBAYAN Original Jurisdiction in all cases involving: (1) Violations of RA 3019 (Anti-Graft and

Corrupt Practices 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 are occupying the following positions in the government, whether in permanent, acting or interim capacity at the 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, of the Compensation and Position Classification Act of 1989 (RA 6758)

(b) Members of Congress and officials thereof classified as G-27 and up under RA 6758

(c) Members of the Judiciary without prejudice to the provisions of the Constitution

(d) Chairmen and Members of the Constitutional Commissions without prejudice to the provisions of the Constitution

(e) All other national and local officials classified as Grade 27 and higher under RA 6758

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

(g) Civil and criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14-A (Sec. 4, RA 8249)

NOTE: Without the office, the crime cannot be committed.

Appellate Jurisdiction: Over final judgments, resolutions or orders of the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were committed by public officers below Salary Grade 27. Concurrent Original Jurisdiction with SC, CA, and RTC for petitions for writs of habeas data and amparo Note: The requisites that the offender the offender occupies salary Grade 27 and the offense must be intimately connected with the official function must concur for the SB to have jurisdiction

JURISDICTION OF THE COURT OF TAX APPEALS [UNDER RA 9282 and RULE 5, AM 05-11-07 CTA] Exclusive Original or Appellate Jurisdiction to Review by Appeal: (1) Decisions of CIR in cases involving disputed

assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR;


PAGE 13

(2) Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial;

(3) Decisions, orders or resolutions of the RTCs in local taxes 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 customs

duties, fees or other charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or

(b) other matters arising under the Customs law or other laws, part of laws or special laws administered by BOC;

(5) Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;

(6) Decision of the secretary of Finance on customs 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 Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or 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, or special laws administered by the BIR or the BOC where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M or where there is no

specified amount claimed (the offenses or penalties shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate);

(2) In tax collection cases involving final and executory assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M tried by the proper MTC, MeTC and RTC.

Exclusive Appellate Jurisdiction (1) In criminal offenses

(a) 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 exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction.

(2) In tax collection cases (1) Over appeals from the judgments,

resolutions or orders of the RTC in tax collection cases originally decided by them in their respective territorial jurisdiction; and

(2) Over petitions for review of the judgments, resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs in their respective jurisdiction.

JURISDICTION OF THE COURT OF APPEALS

JURISDICTION OF THE COURT OF APPEALS IN CIVIL CASES

Exclusive Original Jurisdiction in actions for annulment of judgments of the RTC

Concurrent Original Jurisdiction (1) With SC to issue writs of certiorari,

prohibition and mandamus against the RTC, CSC, CBAA, other quasi-judicial agencies mentioned in Rule 43, and the NLRC (however, this should be filed first with the CA as per St. Martin Funeral Home case), and writ of kalikasan.


PAGE 14

(2) With the SC and RTC to issue writs of certiorari, prohibition and mandamus against lower courts and bodies and writs of quo warranto, habeas corpus, whether or not in aid of its appellate jurisdiction, and writ of continuing mandamus on environmental cases.

(3) With SC, RTC and Sandiganbayan for petitions for writs of amparo and habeas data where the action involves public data or government office

Exclusive Appellate Jurisdiction (a) By way of ordinary appeal from the RTC

and the Family Courts. (b) By way of petition for review from the RTC

rendered by the RTC in the exercise of its appellate jurisdiction.

(c) By way of petition for review from the decisions, resolutions, orders or awards of the CSC, CBAA and other bodies mentioned in Rule 43 and of the Office of the Ombudsman in administrative disciplinary cases.

(d) Over decisions of MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction; this is because decisions of MTCs in these cases are appealable in the same manner as decisions of RTCs.

JURISDICTION OF THE SUPREME COURT JURISDICTION OF THE SUPREME COURT IN CIVIL CASES Exclusive Original Jurisdiction in petitions for certiorari, prohibition and mandamus against the CA, COMELEC, COA, CTA, Sandiganbayan Concurrent Original 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, all subject to the doctrine of hierarchy of courts.

(2) With the CA and RTC in petitions for certiorari, prohibition and mandamus against lower courts and 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) against CA, Sandiganbayan, RTC on pure questions of law and CTA in its decisions rendered en banc.

(2) In cases involving the constitutionality or validity of a law or treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court; and

(3) 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

(5) The SC may resolve factual issues in certain exceptional circumstances [Josefa v. Zhandong, 2003] (a) The conclusion is grounded on

speculations/ surmises /conjectures (b) The inference is manifestly

mistaken/absurd/impossible; (c) There is grave abuse of discretion; (d) The judgment is based on a

misapprehension of facts; (e) The findings of fact are conflicting; (f) There is no citation of specific

evidence on which the factual findings are based;

(g) The finding of absence of facts is contradicted by the presence of evidence on record;

(h) The findings of the CA are contrary to those of the trial court;

(i) The CA manifestly overlooked certain relevant and undisputed facts that, if properly considered, would justify a different conclusion;

(j) The findings of the CA are beyond the issues of the case;

(k) Such findings are contrary to the admissions of both parties.


PAGE 15

TOTALITY RULE Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose out of the same or different transactions [Sec.33 [1], BP 129].

Commencement of Actions to Trial

ACTIONS Actions in General: An ordinary suit in a court of justice by which one party prosecutes another for the enforcement/ protection of a right or the prevention/redress of a wrong [Santos v. Vda. De Caparas, (1959)] An action is a formal demand of ones legal rights in a court of justice in the manner prescribed by the court or by the law. Determinative fact which converts a claim into an action or suit is the filing of the same with a court of justice. (Herrera)

ACTION v. CAUSE OF ACTION

Cause of Action Action A cause of action is the basis of the action filed [Rule 2, Sec.1] Fact or combination of facts which affords a party a right to judicial interference in his behalf. [Into v. Valle (2005)]

Ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prosecution or redress of a wrong

KINDS OF ACTION (1) Civil or Criminal

(a) Civil one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong

(b) Criminal one by which the State prosecutes a person for an act or omission punishable by law

(2) Ordinary or Special both are governed by the rules of ordinary civil actions, subject to the specific rules prescribed for a special civil action (a) Special (b) Ordinary may be classified as:

(i) As to place (a) Transitory action founded on

privity of contract between parties; brought in the place where the party resides

(b) Local action founded on privity of estate only and there is no privity of contract; brought in a particular place

(ii) As to object or against which the action is directed, actions may be classified as: (a) In personam; (b) In rem; or (c) Quasi in rem

(iii) As to cause or foundation (a) Real, or (b) Personal

Ordinary Civil Actions: An ordinary civil action is one that is governed by the rules for ordinary civil actions [Rule 1, Sec. 3(a) par 2] Special Civil Actions: A special civil action is one that is subject to the specific rules prescribed for a special civil action; it is also governed by the rules for ordinary civil actions [Rule 1, Sec. 3(a) par 2] Criminal Actions: A criminal action is one by which the State prosecutes a person for an act or omission punishable by law. [Rule 1, Sec. 3(b)] CIVIL ACTIONS vs. SPECIAL PROCEEDINGS A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Rule 1, Sec. 3(a) par 1] A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact. [Rule 1, Sec. 3 (c)]


PAGE 16

Action Special Proceeding As to Parties

Involves 2 or more parties

Involves at least 1 party or 2 or more parties in proper cases

As to cause of action Involves a right and a violation of such right by the defendant which causes some damage/prejudice upon the plaintiff

May involve a right, but there need not be a violation of this right

As to formalities Requires the application of legal remedies in accordance with the prescribed rules

Requires no such formalities, as it may be granted upon application

As to governing rules

Ordinary rules of

procedure

Special rules of procedure

As to appeal from an interlocutory Order

Cannot be directly and immediately appealed to the appellate court

until after final judgment on the

merits

Can be immediately and directly

appealed to the appellate court

PERSONAL ACTIONS AND REAL ACTIONS Real Actions: Actions affecting title to or possession of real property, or interest therein. [Rule 4, Sec. 1 par 1] Personal Actions: All other actions are personal actions. [Rule 4, Sec.2] Importance of Distinction: For purposes of determining venue of the action [Riano] (1) Real actions shall be commenced and

tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. [Rule 4, Sec.1]

(2) Personal actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant, where he may be

found, at the election of the plaintiff. [Rule 4, Sec.2]

NOTE: Not every action involving a real property is a real action because the realty may only be incidental to the subject matter of the suit. To be a real action, it is not enough that the action must deal with real property. It is important that the matter in litigation must also involve any of the following issues: title to, ownership, possession, paritition, foreclosure or mortgage or any interest in real property. [Riano]

Real action Personal Action Mixed action

Ownership or possession of real property

is involved

Personal property is

sought to be recovered or damages for

breach of Contract or the enforcement of a contract are

sought

Both real and personal

properties are involved

Founded on privity of real

estate

Founded on privity of contract

Founded on both

Filed in the court where the property

(or any portion

thereof) is situated

Filed in the court where the plaintiff or any

of the defendants

resides, at the plaintiffs option

The rules on venue of real

actions govern

LOCAL AND TRANSITORY ACTIONS

Local action Transitory action One that could be instituted in one specific place [Manila Railroad v. Attorney-General (1911)]

One that could be prosecuted in any one of several places [Manila Railroad v. Attorney-General (1911)]

Venue depends upon the location of the property involved in the litigation (Riano)

Its venue depends upon the residence of the plaintiff or the defendant at the option of the plaintiff (Riano)

E.g. Action to recover real property

E.g. Action to recover sum of money


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If action is founded on privity of contract between parties, then the action is transitory But if there is no privity of contract and the action is founded on privity of estate only, such as a covenant that runs with the land in the hands of remote grantees, then the action is local and must be brought in the place where the land lies ACTIONS IN REM, IN PERSONAM, AND QUASI IN REM

Action In Rem

Action In Personam

Action Quasi In Rem

Directed against the thing itself

Directed against

particular persons

Directed against particular persons

Jurisdiction over the

person of the

defendant not

required

Jurisdiction over the person

of defendant required

Jurisdiction over the person of

defendant is not required as long

as jurisdiction over the res is

required

Proceeding to

determine the state or condition of a thing

Action to impose a

responsibility or liability upon a person directly

Proceeding to subject the interest of a

named defendant over

a particular property to an obligation or

lien burdening it Action In

Rem Action In

Personam Action Quasi In

Rem

Judgment is binding

on the whole world

Judgment is binging only

upon impleaded

parties or their successors in

interest

Judgment binging upon

particular persons

E.g. Probate

proceeding, cadastral

proceeding

E.g. Specific performance,

action for breach of contract

E.g. Action for partition;

foreclosure of real estate mortgage

The question of whether the trial court has jurisdiction depends on the nature of the action, i.e., whether the action is in personam, in rem, or quasi in rem. [Riano citing Biaco v. Philippine Countryside Rural Bank (2007)] The distinction is important to determine whether or not jurisdiction over the person of the defendant is required and consequently to determine the type of summons to be employed. [Riano citing Gomez v. Court of Appeals (2004)] INDEPENDENT CIVIL ACTIONS Rule 111, Sec 3: When civil action may proceeded independently. In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal

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