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REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

JURISDICTION OF THE COURTS
JURISDICTION OF THE SUPREME COURT
1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with RTC). Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in: Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in question; Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed thereto; Cases involving the jurisdiction of lower courts; All criminal cases in which the penalty imposed is reclusion perpetua or higher; All cases in which only an error or question of law is involved.

2.

JURISDICTION OF THE COURT OF APPEALS
1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction (concurrent with SC and RTCs) 2. EXCLUSIVE original jurisdiction over actions for annulment of judgments of RTCs. 3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs and quasi-judicial agencies, bodies, or commissions, EXCEPT those which fall within the appellate jurisdiction of the SC, namely: a. COMELEC; b. Commission on Audit; c. Sandiganbayan.

JURISDICTION OF THE REGIONAL TRIAL COURTS
I. EXCLUSIVE ORIGINAL A. CIVIL CASES Cases where the subject of the litigation is incapable of pecuniary estimation; Involving the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds P20,000/ P50,000, EXCEPT actions for forcible entry and unlawful detainer; All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P200,000/P400,000; Probate proceedings, both testate and intestate, where the gross value of the estate P200,000/P400,000;

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A. there is no manifest intent to repeal or alter the jurisdiction in libel cases.A. attorney's fees. CRIMINAL CASES All criminal cases not within the exclusive jurisdiction of any court. 2. litigation expenses. mandamus. 7691 places jurisdiction over criminal cases where the penalty is 6 years or less with the MTCs. irrespective of fine Exceeds fine of P4000.000. 7691. Art. However. III. JURISDICTION OF THE FAMILY COURTS (R. person or body exercising jurisdiction.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 In all actions involving the contract of marriage and marital relations. In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law. Over offenses committed NOT in relation with public office with imprisonment exceeding 6 years committed by public officers classified as salary grade 27 or higher 4. case is decided on the basis of decision and supporting affidavits. Special law (RPC) must prevail over general laws (RA 7691). ORIGINAL 1.B. prohibition. Over election contests for municipal offices. exclusive of interest. 3. II. and In all other cases in which the demand. quo warranto. 360 of the RPC gives jurisdiction over libel cases to the RTC. damages of whatever kind. tribunal. B. N. or body EXCEPT those within the jurisdiction of the Sandiganbayan.A. In actions affecting ambassadors and other public ministers and consuls (concurrent with SC). Issuance of writs of certiorari. and costs or the value of the property in controversy exceeds P200. habeas corpus and injunction which may be enforced in any part of their respective regions (concurrent with SC and CA). In all cases not within the exclusive jurisdiction of any court. tribunal. 8369) Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: 2 . R. from the provisions of R. Also. Valera Libel is punishable by prision correcional in its minimum and medium periods.000/P400. if only a fine is imposable  Manzano vs. NOTE: no trial de novo. RTC has jurisdiction over criminal cases where the penalty imposable: Exceeds 4 years 2 mos 1 day imprisonment. APPELLATE All cases decided by the lower courts (MTCs) in their respective territorial jurisdictions.

7658. 7610. and discrimination and all other conditions prejudicial to their development. cruelty. The sentence. Petitions for adoption of children and the revocation thereof. sexual or psychological harm or suffering to women. OR One or more of the victims is a minor at the time of the commission of the offense. Petitions for: Declaration of status of children as Abandoned Dependent OR Neglected children Voluntary or involuntary commitment of children. Exploitation and Discrimination Act. Petitions for guardianship. Complaints [for]: Annulment of marriage Declaration of nullity of marriage Those relating to marital status and property relations of: Husband and wife OR Those living together under different status and agreements. or restoration of parental authority and other cases cognizable under "Child and Youth Welfare Code". (Series of 1986). habeas corpus in relation to the latter. the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. That if the minor is found guilty." as amended by Republic Act No. neglect. 3 . violence. and other related laws. shall be suspended without need of application pursuant to the "Child and Youth Welfare Code". Petitions for support and/or acknowledgment. Petitions for the constitution of the family home. termination. custody of children. 56.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Criminal cases where: One or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age. AND Children  Includes the commission of all forms of abuse. as amended. Executive Order No. Violations of Republic Act No. exploitation. otherwise known as the "Special Protection of Children Against Child Abuse. integrity and freedom of movement. and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood. Summary judicial proceedings brought under the provisions of the "Family Code of the Philippines". however. AND Petitions for dissolution of conjugal partnership of gains. Provided. Cases against minors cognizable under the Dangerous Drugs Act. The suspension. and Cases of domestic violence against: Women  Acts of gender based violence that results. or are likely to result in physical.

EXCLUSIVE ORIGINAL 1. OR 2. 8. 6. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts.  decisions of the MTC in these cases are appealable to the CA 4 . 7.000/200. attorney’s fees and costs. 11. the accused shall be subject to criminal proceedings and the corresponding penalties. 9. CRIMINAL CASES 5. METROPOLITAN TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS A.000. Lots where there is no controversy or opposition. 12. 2. CIVIL CASES Civil actions and probate proceedings.000. 3. although MTC may still have jurisdiction if value of property does not exceed P20. 10. Actions involving P100. Violations of city or municipal ordinances.000. All offenses punishable with not more than 4 years 2 mos 1 day imprisonment.000/50. Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals from the ordinary Regional Trial Courts.000/200. and case becomes one for recovery of possession de jure (accion publicicana).REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 If an act constitutes a criminal offense. personal property valued at not more than Actions involving title or possession of real property where the assessed value does not exceed P20.000. Contested lots the value of which does not exceed P100. exclusive of interest. does not exceed P100. All offenses punishable by only a fine of not more than P4. B.000/50. DELEGATED JURISDICTION in cadastral and land registration cases covering: 1.000. MTC loses jurisdiction. ELECTION CASES Offense of failure to register or failure to vote. damages. issue of ownership resolved only to determine issue of possession. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer.  After lapse of 1 year. JURISDICTION OF THE MUNICIPAL TRIAL COURTS. Election contests for barangay offices. Offenses involving damage to property through criminal negligence.000. including the grant of provisional remedies where the demand. testate and intestate. irrespective of fine. said incident shall be determined in that court.

CRIMINAL CASES 13. Violation of rental laws 17. where the total amount of the claim does not exceed P10. re-opening Petition for relief from judgment Motion for extension of time to file pleadings. Other civil cases EXCEPT probate proceedings. 18.000. CIVIL CASES All cases of forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals.000 if quieting of ownership. B. PROHIBITED PLEADINGS AND MOTIONS Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter or failure to comply with Katarungang Pambarangay (LGC) requirements Motion for bill of particulars Motions for new trial. Violations of city or municipality ordinances 19. resolved to determine question of possession. Violation of traffic laws. 20. 22. reconsideration. affidavits Memoranda Petition for certiorari. irrespective of other imposable penalties or of the amount of civil liability 21. attorney’s fees not exceeding P20.000. and prohibition against any interlocutory order issued by the court Motion to declare defendant in default Dilatory motion for postponement Reply Third-party complaints Motion for intervention 5 . Damage to property through criminal negligence where the fine does not exceed P10. mandamus. rules. 14. All other criminal cases where the penalty does not exceed 6 months or a fine of P1000 or both.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 SUMMARY PROCEDURE CASES APPLICABLE A. 16. regulations 15. exclusive of interest and cost. without question of ownership.

dealer. at any time before trial. Any complaint by or against corporations. or unless such settlement has been repudiated by the parties thereto 2. broker. Disputes involving parties who actually reside in barangays of different cities or municipalities. Where the dispute involves real properties located in different cities and municipalities. refer the case to the lupon for amicable settlement. AND 31. Where one party is a public officer or employee. 26. 3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93) Where one party is the government. Katarungang Pambarangay Rules). or salesman 27. developer. partnerships or juridical entities. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB) EXCLUSIVE jurisdiction over 23. Unsound real estate business practices 25. Disputes subject to Conciliation Requirement: All disputes between parties actually residing in the same city or municipality  HOWEVER. 28. action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication. broker. 30. or salesman JURISDICTION OF THE KATARUNGANG GOVERNMENT CODE OF 1991) PAMBARANGAY (UNDER THE LOCAL 1. or any subdivision or instrumentality thereof. The parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon. 1. Rule VI. 6 . dealer. since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 32. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner. unless: There has been a confrontation between the parties before the lupon chairman or pangkat. 24. the court in which non-criminal cases not falling within the authority of the Lupon may. petition. No complaint. Where such barangay units adjoin each other. AND That no conciliation or settlement has been reached as certified by the lupon/pangkat secretary as attested to by lupon chairman or pangkat chairman. and the dispute relates to the performance of his official functions. developer. unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon. EXCEPT: 29.

Labor Code. at the option of the complainant Disputes involving real property or interest Barangay where property is situated therein Disputes arising at the workplace where Barangay where such workplace or the contending parties are employed. 6657). Escayo. Offenses where there is no private offended party. EFFECT OF NON-COMPLIANCE: Dismissal upon motion of defendants for failure to state cause of action or prematurity. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. actually resides.000. 36. et al. OR Suspension of proceedings upon petition and referral of case motu proprio to appropriate barangay authority.. 226. Labor disputes or controversies arising from employer-employee relations (Montoya vs. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sections. Actions which may be barred by the Statute of Limitations. Actions to annul judgment upon a compromise. AND 39. 7 . R. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf. specifically the following: 33. 37. whose ruling shall be binding. delivery of personal property and support during the pendency of the action. 41. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued. VENUE OF PROCEEDINGS: Situation Parties reside in same barangay Parties reside in different barangays Venue That barangay Barangay where respondent. Legal questions that might arise in resolving such objections before the punong barangay are to be submitted to the Secretary of the DOJ.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5. 46 & 47.A. they are deemed waived. 40. otherwise. attachment. 35. as amended. or any of the respondents. 171 SCRA 442. Art. 38. 34. which grants original and exclusive jurisdiction over conciliation and mediation of disputes. or at institution is located the institution where such parties are enrolled for study  Objections to venue shall be raised in the mediation proceedings before the punong barangay. which may be filed directly in court. grievances or problems to certain offices of the Department of Labor and Employment). 5. Actions coupled with provisional remedies such as preliminary injunction.00). Criminal cases where accused is under police custody or detention.

8. to the lupon chairman of the barangay. and for causes of action shall be interrupted upon filing of the complaint with the punong barangay. It is repudiated. orally or in writing. and shall hear both parties and their witnesses. violence or intimidation.  In all proceedings. parties must appear in person without the assistance of counsel or representatives. EXCEPT for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. by action in the appropriate city of municipal court 9. In this case. and shall complain. chosen by the parties from the list of the members of the lupon) Pangkat shall have power to issue summons.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 6. Within 15 days from the day it convenes. the prescriptive periods for offenses. PROCEDURE FOR AMICABLE SETTLEMENT: Complainant pays appropriate filing fees. or Repudiation must be done within 10 days. by filing a sworn statement with the lupon chairman. Within 6 months from date of settlement: by the lupon. unless: a. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be issued only upon complying with the following requirements: 8 . 7. b. Amicable settlement shall have the force and effect of a final judgment upon the expiration of 10 days from date of amicable settlement. EXECUTION OF AMICABLE SETTLEMENT: a. it shall arrive at said settlement or resolution of the dispute. Such repudiation is a sufficient basis for the issuance of a certification for filing a complaint with the court.  During the 15-day period when the dispute is under mediation. Thereafter. Lupon chairman shall make attempts at mediation. and attempt to arrive at an amicable settlement. he shall set a date for the constitution of a pangkat ng tagapagsundo (3 members. b. Said interruption shall not exceed 60 days from said filing. if he fails within 15 days from date of first meeting. the compromise agreed upon by the parties before the lupon/pangkat chair shall be submitted to the court and upon approval thereof. A petition to nullify the settlement is filed in the proper city or municipal court  The settlement agreed upon does not have the force and effect of a final judgment when the dispute is not within jurisdiction of the lupon but submitted to it. shall have the force and effect of a judgment of said court. The grounds for repudiation are vitiation of consent by fraud.

where the dispute involves members of the same indigenous cultural community. Philippine army and air force colonels. ORIGINAL Violations of: “Anti-Graft and Corrupt Practices Act”. Articles 210-212 of RPC)  Where one or more of the accused are officials occupying the following positions in the government. 48. 9 . or Title VII. acting or interim capacity. OR respondent failed to appear before punong barangay.  If mediation or conciliation proved unsuccessful before punong barangay there having been no agreement reached to conciliate. vice-mayors. R. Officials of executive branch occupying positions classified as Grade 27 or higher. assessors. 47.e. engineers and other provincial department heads. or arbitration proceedings shall be held. § 2 of the RPC (i. which shall be settled in accordance with the customs and traditions of that particular cultural community. to the Punong Barangay of the place of settlement. Issued by the Punong Barangay. members of the sangguniang panlalawigan and provincial treasurers. 50. 51. OR There was no personal confrontation without any fault on the part of the complainant. Punong Barangay shall not issue the certification (because now mandatory for him to constitute the Pangkat before whom mediation. city treasurers. assessors. or where one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement. that: There was a confrontation but no settlement. City mayors. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any Property Found to Have Been Unlawfully Acquired By Any Public Officer or Employee and Providing for the Proceedings Therefor”). 45. specifically including: 44. whether in a permanent.) JURISDICTION OF THE SANDIGANBAYAN A. and there has been no settlement as certified by the datu or tribal leader or elder. engineers and other city department heads.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Issued by lupon secretary and attested by lupon chairman/ punong barangay. but subsequently repudiated. as requested by the proper party. and all officers of higher rank. Officials of the diplomatic service occupying the position of consul and higher. naval captains. 43. Chapter II. at the time of the commission of the offense: 42.. Issued by pangkat secretary and attested by pangkat chairman. that confrontation took place and conciliation settlement was reached. 49. 46. vice-governors. conciliation. Provincial governors. on the ground of failure of settlement. members of the sangguniang panlungsod.A.

the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the SB. Chairmen and members of the Constitutional Commissions. accomplices or accessories with the public officers or employees. injunctions and other ancillary writs and processes in aid of its appellate jurisdiction: provided. NOTES: Private individuals charged as co-principals. namely. or the office is a constituent element of the crime as defined in the statute. or when the crime cannot exist without the office. 54. state universities or educational institutions or foundations. “in relation to his office” is absent or is not alleged in the information. habeas corpus.  The procedure prescribed in BP Blg. without prejudice to the provisions of the Constitution (on impeachment) 61. Petitions for the issuance of the writs of mandamus. in relation to their office. 56. shall be tried 10 . 2. original jurisdiction will be with either the MTC or RTC. Members of the Judiciary. All other national and local officials classified as Grade 27 or higher. 2. 14 and 14-A (concurrent with SC)  If the last element. certiorari. 53. 57. or managers of governmentowned or controlled corporations.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 52. including quo warranto. 55. directors or trustees. 1. committed by public officials and employees mentioned in #1. 14 and 14-A series of 1986. 64. 58. B. 62. and officials and prosecutors in the Office of the Ombudsman and special prosecutor. as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate. prohibition. or Other offenses or felonies. arising or that may arise in cases failed or which may be filed under Executive Order Nos. that the jurisdiction over these petitions shall not be exclusive of the Supreme Court and over petitions of similar nature. 60. including those employed in GOCCs. C. Presidents. City and provincial prosecutors and their assistants. SB will exercise exclusive appellate jurisdiction on said cases. whether simple or complexed with other crimes Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1. Members of Congress and officials thereof classified as Grade 27 or higher 59. 129. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher. without prejudice to the provisions of the Constitution 63.  The offense is committed in relation to the office if the offense is intimately connected with the office of the offender and perpetuated while he was in the performance of his official functions. EXCLUSIVE APPELLATE If none of the principal accused are occupying positions of grade 27 or higher. relative to appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan.

detention or release of property affected. JURISDICTION OF THE COURT OF TAX APPEALS EXCLUSIVE APPELLATE JURISDICTION over: Decisions of the Collector of Internal Revenue in cases involving disputed assessments. 11 . Decisions of the Commissioner of Customs in cases involving liability for customs duties. fees or other charges. seizure. forfeitures. CA (reiterated in Bureau of Customs v. and no right to reserve the filing of such civil action separately from the criminal action shall be recognized. The proper remedy is to appeal to the Commissioner of Customs and thereafter to the Court of Tax Appeals. fines. and Decisions of provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law.  Jao v. If SB imposes penalty of reclusion perpetua or higher. Ogario. refunds of taxes. or other matters arising under the NIRC. the decision shall be appealable to the SC by Notice of Appeal. the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with. Any provisions of law or Rules of Court to the contrary notwithstanding. c. The Regional Trial Courts are precluded from assuming cognizance over such matters even through petitions of certiorari. Decisions of the Sandiganbayan: a. March 2000) RTCs are devoid of any competence to pass upon the validity or regularity of seizure and forfeiture proceedings conducted by the Bureau of Customs and to enjoin or otherwise interfere with these proceedings. b. If penalty imposed is death. or other matters arising penalties imposed in relation thereto. penalties imposed in relation thereto.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. fees or other money charges. Appealable to the SC by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court. the same proceeding by the Sandiganbayan or the appropriate court. review by the Supreme Court shall be automatic. and other matters arising under the Customs Law. and jointly determined in. The Collector of Customs sitting in seizure and forfeiture proceedings has exclusive jurisdiction to hear and determine all questions touching on the seizure and forfeiture of dutiable goods. prohibition or mandamus. whether or not the accused filed an appeal.

abandoned or declared void. Concurrent Exclusive – power to adjudicate a case or proceeding to the exclusion of all other courts at that stage Concurrent – also known as confluent or coordinate jurisdiction. to take cognizance at the same state of the same case NOTE: General Rule: Jurisdiction. Specific/Limited: General .power to adjudicate all controversies EXCEPT those expressly withheld from the plenary powers of the court Specific/Limited . whether of the same or different ranks. once acquired. power conferred upon different courts. 12 . Where the statute expressly provides. Exclusive vs. When the accused is deprived of his constitutional rights such as where the court fails to provide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right. or petitioner and respondent CLASSIFICATIONS OF JURISDICTION 1. Original vs. Where the law penalizing an act as punishable is repealed by a subsequent law. continues until the case is finally terminated. When the proceedings in the court acquiring jurisdiction is terminated.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 REMEDIAL LAW DEFINITIONS/CONCEPTS JURISDICTION AND VENUE DIFFERENTIATED JURISDICTION Authority to hear and determine a case VENUE Court/place where the case is to be tried and heard A matter of substantive law A matter of procedural law Fixed by law and cannot be conferred by May be conferred by the act or agreement the parties of the parties Establishes a relation between the court Establishes a relation between plaintiff and and subject matter defendant. Appellate Original – power of the court to take judicial cognizance of a case instituted for judicial action for the first time Appellate – authority of a court higher in rank to reexamine the final order or judgment of a lower court which tried the case now elevated for judicial review 3. Once appeal has been perfected.restricted to particular cases and subject to such limitations as may be provided by the governing law 2. General vs. or is construed to the effect that it intended to operate as to actions pending before its enactment. Exceptions: When a subsequent law provides a prohibition for the continued exercise of jurisdiction.

and quasi in rem In rem – directed against the thing itself. 2. local Transitory – one the venue of which depends generally upon the residence of the parties.. Transitory vs. or one founded on privity of estate only Personal – not founded upon the privity of real rights or real property Mixed – brought for protection or recovery of real property and also for an award for damages sustained 2. tenements. personal actions) Local – one required by the Rules to be instituted in a particular place in the absence of an agreement to the contrary (e.g. Indispensable party – a person without whom no final determination can be had of an action.. Quasi-parties – those in whose behalf a class or representative suit is brought. but the purpose of which is to bar and bind not only said persons but any other person who claims any interest in the property or right subject of the suit (e.g. judgment is binding upon the whole world (e. special proceedings) In personam – directed against particular persons on the basis of their personal liability to establish a claim against them. Real. in personam.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 CLASSIFICATION OF ACTIONS 1. action for breach of contract) Quasi in rem – directed against particular persons. hence. In rem.. judgment is binding only upon the parties impleaded and their successors in interest (e. Real party in interest – person having an interest in the subject of the action and in obtaining the relief demanded.g.g. 13 . 3. land registration. Proper party – a person who is not indispensable but should be included if complete relief is to be accorded as between those already parties. Pro forma party – a husband or wife who is required to be joined in suits by or against his spouse 5. object is to bar indifferently all who might be minded to make objection against the right sought to be enforced. 4. action for judicial foreclosure of mortgage) 3. real actions) KINDS OF PARTIES 1. personal and mixed Real – brought for the protection of real rights. parties not initially/ formally impleaded as original parties but later bind themselves to comply with the terms of a judgment or compromise rendered therein. land..g. regardless of where the cause of action arose (e.

14 . 2. KINDS OF PLEADINGS 1.. COUNTERCLAIM – any claim for money or other relief which a party may have against an opposing party.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 PLEADINGS Pleading – written allegation of the parties of their respective claims and defenses submitted to the court for trial and judgment. 68. Permissive Counterclaim – does not arise or is not connected with the subject matter of the claim (e. OTHER DEFINITIONS Specific Denial – specific allegation of the fact the truth of which he does not admit and setting forth the substance of the matter relied upon to support the denial OR allegation of lack of knowledge or information sufficient to form a belief as the truth of the averment. indemnity. 69. 66. CROSS CLAIM – claim by one party against a co-party arising out of a transaction or occurrence which is the subject matter of the action or counterclaim. 3. Affirmative Defense – an allegation of new matter which. REPLY – a pleading that denies or alleges facts in denial of new matters alleged by way of defense in the answer with the purpose of joining the issues as to such new matters. 5. 4. ANSWER – pleading where an adverse party sets forth negative and affirmative defenses upon which he relies. 6. subrogation or any other relief. 72. Compulsory Counterclaim – one arising out of or is necessarily connected with the subject matter of the claim (e. Subpoena – process directed to a person requiring him to attend and to testify at a hearing or trial or to bring with him any book or thing under his control. THIRD-PARTY COMPLAINT – a claim which a defending party may file against a person not a party to the action for contribution.. COMPLAINT – concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action. Motion – application for an order not included in the judgment.g. recoupment). set-off). Negative Defense – specific denial of a fact alleged. 71. 70. Summons – an order directed to a defendant in the name of the court and under its seal directing that the defendant answer the complaint upon failure of which judgment will be taken. 67. though admits the material allegations of the complaint. nevertheless prevents recovery. 65. Negative Pregnant –a form of denial where only the qualification or modification of the fact alleged is denied while the fact itself is admitted.g.

Information – an accusation in writing charging a person with an offense subscribed by the fiscal and filed in court. or other public officer charged with the enforcement of the law violated.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Demurrer to Evidence – a motion to dismiss based on insufficiency of evidence of the prosecution. Arrest – taking a person into custody in order that he may be bound to answer for the commission of an offense. Preliminary Injunction – an order granted at any stage of an action prior to the final judgment requiring a person to refrain from doing a particular act. Bail – the security for the release of a person in custody of the law furnished by him or a bondsman conditioned upon his appearing before any court as required under the condition hereinafter specified. Preliminary Investigation – an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a wellfounded belief that a crime has been committed and that the respondent is probably guilty thereof. Preliminary Attachment – a court order granted at the commencement of the action or at any time before entry of judgment to seize the property of the debtor in advance of final judgment and hold it for the purpose of satisfying the judgment. Criminal Complaint – sworn written statement charging a person with an offense subscribed by an offended party. 15 . Property Bond – an undertaking constituted as lien on the real property given as security for the amount of bail. Preliminary Mandatory Injunction – an order requiring the performance of a particular act. peace officer.