Barops08 Rem Civpro

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CIVIL PROCEDURE REMEDIAL LAWPART 1: JURISDICTION

DEFINITION

•

Power of the court to hear an action orproceedings, and to render a judgment thereonwhich will bind the parties to such action/proceeding.

[Regalado

]

•

Judicial power includes the duty of the courts of justice:

[Art 8, Sec. 1, Consti

]

1)

To settle actual controversies involvingrights which are legally demandable andenforceable;2)

To determine WON there has been aGADALEJ on the part of any governmentbranch/instrumentality.

I. PRESCRIBED JURISDICTION

•

Jurisdiction over a particular subject matter.

•

Conferred only by the Constitution or by law.

•

Determined by the allegations in the complaint.

•

An error in jurisdiction can be raised at anytime and even for the first time on appeal.

[David v. Cordova (2005)

]

•

Cannot be waived; Judgment without jurisdiction is void.

•

Exception:

Jurisdiction by estoppel.

[Soliven v. Fastforms (2004)

]

•

Rationale:

To prohibit parties fromaccepting judgments of court only if favorable to them.

•

Cannot be the subject of compromise

[Art.2035, CC

]

•

Once attached to a court, cannot be ousted bysubsequent statute.

•

Exception:

The statute itself conferringnew jurisdiction expressly provides forretroactive effect.

[Southern Food v. Salas(1992)

]

•

The filing of the complaint or appropriateinitiatory pleading and the payment of theprescribed docket fee vest a trial court with jurisdiction over the subject matter or thenature of the action.

•

Exception:

The court may allow paymentof the fee within a reasonable time, but inno case beyond the applicable prescriptiveperiod.

[IBP v. Legasto (2006)

]

II. SPECIFIC JURISDICTION

SUPREME COURT

•

The judicial power shall be vested in one SCand in such lower courts as may be establishedby law.

[Art. 8, Sec. 1, Consti

]

SC’S POWERS

[Art. 8, Sec. 5, Consti

]

1)

Have original jurisdiction over:a)

Cases affecting ambassadors and otherpublic ministers and consuls;b)

Petitions for certiorari, prohibition,mandamus, quo warranto, and habeascorpus

.

2)

Review/revise/reverse/modify/affirm on appealor certiorari, final judgments/orders of lowercourts on:a)

Constitutionality/validity of any treaty,international or executive agreement, law,presidential decree/proclamation/order/instruction, ordinance or regulation;b)

Legality of any tax/impost/assessment/toll,or any penalty imposed in relation thereto;c)

Any lower court’s jurisdiction;d)

Criminal cases where the penalty imposedis

reclusion perpetua or higher;e)

Only errors/questions of law are involved.

•

Exception:

[Josefa v. Zhandong(2003)

]

(1)

The conclusion is grounded onspeculations/surmises/conjectures;(2)

The inference is manifestlymistaken/absurd/impossible;(3)

There is GAD;(4)

The judgment is based on amisapprehension of facts;(5)

The findings of fact are conflicting;(6)

There is no citation of specificevidence on which the factualfindings are based;(7)

The finding of absence of facts iscontradicted by the presence of evidence on record;(8)

The CA’s findings are contrary tothose of the trial court;(9)

The CA manifestly overlookedcertain relevant and undisputedfacts that, if properly considered,would justify a different conclusion;(10) The CA’s findings are beyond theissues of the case;(11) The CA’s findings are contrary tothe admissions of both parties.3)

Temporarily assign judges of lower courts toother stations as public interest may require,which shall not 6 six months without theconsent of the judge concerned.4)

Order a change of venue or place of trial toavoid a miscarriage of justice.5)

Promulgate rules on:a)

Protection and enforcement of constitutionalrights;b)

Pleading/practice/procedure in all courts;c)

Admission to the practice of law;d)

The integrated bar;e)

Legal assistance to the under-privileged.

•

Guidelines on the rules:(1)

Simplified and inexpensive procedurefor the speedy disposition of cases;(2)

Uniform for all courts of the samegrade;

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CIVIL PROCEDURE REMEDIAL LAW

(3)

Not diminish/increase/modifysubstantive rights.6)

Appoint all Judiciary officials/EEs in accordancewith the Civil Service Law.CONSTITUTIONAL COMMISSSIONS

•

General rule:

Decisions/orders/rulings of constitutional commissions (CSC, COMELECand COA) may be brought to the SC on

certiorari

by the aggrieved party, within 30days from receipt of copy.

[Art. 9-A, Sec. 7,Consti

]

•

Exception:

If otherwise provided by theConstitution or by law.

•

CSC judgments/decisions/orders arewithin the exclusive appellate jurisdiction of the CA through Rule 43.

[RA 7902]

•

CTA judgments/decisions are nowappealable by petition for review oncertiorari to the SC.

[RA 9282]

COURT OF APPEALS

[Sec. 9, BP 129

]

ORIGINAL JURISDICTION

•

Mandamus, prohibition, certiorari, habeascorpus and quo warranto, and auxiliarywrits/processes, WON in aid of its appellate jurisdiction.EXCLUSIVE ORIGINAL JURISDICTION

•

Annulment of RTC judgments.EXCLUSIVE APPELLATE JURISDICTION

•

Final judgments/decisions/resolutions/orders/awards of:1)

RTC;2)

Quasi-judicial agencies/instrumentalities/boards/commissions including:a)

SEC;b)

Social Security Commission;c)

ECC;d)

CSC.

•

Exception:

Those falling within theSC’s appellate jurisdiction of theSupreme Court in accordance with:(1)

The Constitution;(2)

Labor Code;(3)

BP 129;(4)

Sec. 17, Par. 3(1) and Par. 4(4) of the Judiciary Act of 1948.

•

Supposed appeals from the NLRC to the SC areinterpreted and hereby declared to mean andrefer to petitions for certiorari under Rule 65.All such petitions should henceforth be initiallyfiled in the CA in strict observance of thedoctrine on the hierarchy of courts as theappropriate forum for the relief desired.

[St.Martin’s Funeral Home v. NLRC (1998)

]

POWERS1)

Try cases;2)

Conduct hearings;

•

Trials/hearings must be continuous andmust be completed within 3 months, unlessextended by the Chief Justice.3)

Receive evidence;4)

Any and all acts necessary to resolve factualissues raised, including the power to grant andconduct new trials or further proceedings.

REGIONAL TRIAL COURTS

EXCLUSIVE ORIGINAL JURISDICTION IN CIVILCASES

[Sec. 19, BP 129

]

1) Incapable of pecuniary estimation;

•

If the action is primarily for the recovery of a sum of money, the claim is consideredcapable of pecuniary estimation, and jurisdiction over the action will depend onthe amount of the claim.

[RCPI v. CA(2002)

]

•

If the basic issue is something other thanthe right to recover a sum of money, if themoney claim is purely incidental to, or aconsequence of, the principal relief sought,the action is one where the subject of thelitigation may not be estimated in terms of money.

[Soliven v. Fastforms (1992)

]

•

If the thing sought to be deposited orconsigned is a sum of money, the amountof the debt due is determinable andcapable of pecuniary estimation.

[Ascue v.CA (1991)

]

•

Action for support is incapable of pecuniaryestimation because the court is asked todetermine first WON the plaintiff is indeedentitled to support.

[Baito v. Sarmiento(1960)

]

•

Action for specific performance is incapableof pecuniary estimation.

[Manufacturer’sDistributor’s v. Yu Siu Liong (1966)

]

•

The jurisdiction of the respective courts isdetermined by the value of the demandand not the value of the transaction out of which the demand arose. The alternativeprayer for specific performance is also of the same value, for the alternative prayerswould not have been made in the complaintif one was more valuable than the other.

[Cruz v. Tan (1950)

]

•

Rescission is a counterpart of specificperformance therefore also incapable of pecuniary estimation.

[Lapitan v. Scandia(1968)

]

•

Action for declaration of nullity of a deed of partition is incapable of pecuniaryestimation.

[Russel v. Vestil (1999)

]

•

An action for expropriation is incapable of pecuniary estimation.

[Bardillon v. Masili (2003)]

2)

Title to, or possession of, real property (or anyinterest therein) where the property’s assessedvalue exceeds P20K or P50K (for civil actions inMetro Manila);

•

Exception:

Forcible entry into andunlawful detainer of lands/buildings.3)

Admiralty and maritime jurisdiction where thedemand/claim exceeds P300K or P400K (inMetro Manila);

•

Maritime and admiralty cases involve tradeand transactions in the sea. Maritime jurisdiction includes maritime tort.

[Negrev. Cabahug (1966)

]

4)

Probate (testate and intestate) where the grossvalue of the estate exceeds P300K or P400K (inMetro Manila);5)

Marriage contract and marital relations;6)

GENERAL ORIGINAL JURISDICTION

- Allcases not within the exclusive jurisdiction of any court/tribunal/person/body exercising judicial or quasi-judicial functions;7)

Within the exclusive original jurisdiction of aJuvenile and Domestic Relations Court and of the Court of Agrarian Relations;8)

All other cases where the demand (exclusive of interest, damages of whatever kind, attorney's

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CIVIL PROCEDURE REMEDIAL LAW

fees, litigation expenses and costs) or the valueof the property in controversy exceeds P300Kor P400K in Metro Manila.

•

The exclusion of the term “damages of whatever kind” in determining the jurisdictional amount under Sec. 19(8) andSec. 33 (1) of BP 129, as amended by RA7691, applies to cases where the damagesare merely incidental to or a consequenceof the main cause of action. However, if the claim for damages is the main cause of action, or one of the causes of action, theamount of such claim shall be considered indetermining the jurisdiction of the court.

[Admin Circ. 09-94]

•

Actions for damages based on quasi-delicts are primarily and effectively actionsfor the recovery of a sum of money for thedamages suffered because of thedefendant’s alleged tortious acts. Thismoney claim is the principal relief sought,and is not merely incidental thereto or aconsequence thereof.

[Iniego v. Purganan(2006)

]

ORIGINAL JURISDICTION

[Sec. 21, BP 129

]

1)

Certiorari, prohibition, mandamus, quowarranto, habeas corpus and injunction whichmay be enforced in any part of their respectiveregions;2)

Actions affecting ambassadors and other publicministers and consuls.APPELLATE JURISDICTION

[Sec. 22, BP 129

]

•

All cases decided by MeTCs/MTCs/MCTCs intheir respective territorial jurisdictions.

METROPOLITAN, MUNICIPAL ANDMUNICIPAL CIRCUIT TRIAL COURTS

EXCLUSIVE ORIGINAL JURISDICTION

[Sec. 33, BP 129

]

1)

Civil actions and probate proceedings (testateand intestate), including the grant of provisionalremedies, where the value of the personalproperty, estate or amount of the demand doesnot exceed P300K or P400K (in Metro Manila);

•

Interest, damages of whatever kind,attorney's fees, litigation expenses andcosts shall be included in the determinationof the filing fees.

•

If there are several claims or causes of actions between the same/different partiesin the same complaint, the amount of thedemand shall be the totality of the claims inall the causes of action, WON the causes of action arose out of the same/differenttransactions.2)

Forcible entry and unlawful detainer;

•

If the defendant raises the question of ownership in his pleadings and the questionof possession cannot be resolved withoutdeciding the issue of ownership, the issue of ownership shall be resolved only todetermine the issue of possession.

•

That the MeTC has jurisdiction even incases where the issue of possession isclosely intertwined with the issue of ownership is now a settled doctrine inejectment proceedings.

[Heirs of B.Hernandez v. Vergara (2006)

]

3)

All civil actions that involve title to, orpossession of, real property (or any interesttherein) where the assessed value of theproperty (or interest therein) does not exceedP20K or P50K (in civil actions in Metro Manila).DELEGATED JURISDICTION IN CADASTRAL ANDLAND REGISTRATION CASES

[Sec. 34, BP 129]

1)

Lots where there is no controversy/opposition;2)

Contested lots the value of which does notexceed P100K.

•

The value is to be ascertained:a)

By the claimant’s affidavit;b)

By agreement of the respectiveclaimants, if there are more than one;c)

From the corresponding tax declarationof the real property.

•

MTC decisions in cadastral and landregistration cases are appealable in the samemanner as RTC decisions.

KATARUNGANG PAMBARANGAY

•

Purpose:

To reduce the number of courtlitigations and prevent the deterioration of thequality of justice which has been brought aboutby the indiscriminate filing of cases in thecourts.

[Lumbuan v. Republic (2006)

]

•

General rule:

Authority to bring together theparties actually residing in the same city ormunicipality for amicable settlement of alldisputes.

[Sec. 480, RA 7160

]

•

Exception:

1)

If one party is the government;2)

If one party is a public officer/EE andthe dispute relates to the performanceof his official functions;3)

Offenses punishable by imprisonmentexceeding 1 year or a fine exceedingP5K;4)

Offenses with no private offendedparty;5)

Real properties located in differentcities/municipalities;

•

Exception to exception:

Partiesagree to submit their differences toamicable settlement by anappropriate lupon.6)

Parties who actually reside inbarangays of differentcities/municipalities;

•

Exception to exception:

If suchbarangay units adjoin each otherand the parties agree to submittheir differences to amicablesettlement by an appropriate lupon.7)

Such disputes which the President maydetermine in the interest of justice orupon the recommendation of theSecretary of Justice.VENUE

[Sec. 409, RA 7160

]

Disputes between personsactually residing in thesame barangayTheir barangayDisputes between actualresidents of differentbarangays within the samecity/municipalityBarangay where therespondent (or any of therespondents) actuallyresides, at thecomplainant's electionDisputes on real property(or any interest therein)Barangay where the realproperty (or the largerportion thereof) is situated