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

Petitions for: Declaration of status of children as Abandoned Dependent OR Neglected children Voluntary or involuntary commitment of children. neglect." as amended by Republic Act No. 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. Exploitation and Discrimination Act. sexual or psychological harm or suffering to women. and Cases of domestic violence against: Women  Acts of gender based violence that results. or restoration of parental authority and other cases cognizable under "Child and Youth Welfare Code". The sentence. violence. The suspension. That if the minor is found guilty. termination. Summary judicial proceedings brought under the provisions of the "Family Code of the Philippines". Petitions for adoption of children and the revocation thereof. and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood. however. as amended. exploitation. Petitions for the constitution of the family home. 56. 7610. 3 . custody of children. AND Children  Includes the commission of all forms of abuse. 7658. the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. AND Petitions for dissolution of conjugal partnership of gains. habeas corpus in relation to the latter.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. Executive Order No. OR One or more of the victims is a minor at the time of the commission of the offense. Violations of Republic Act No. otherwise known as the "Special Protection of Children Against Child Abuse. or are likely to result in physical. Provided. Petitions for support and/or acknowledgment. (Series of 1986). cruelty. Cases against minors cognizable under the Dangerous Drugs Act. and discrimination and all other conditions prejudicial to their development. and other related laws. shall be suspended without need of application pursuant to the "Child and Youth Welfare Code". integrity and freedom of movement. Petitions for guardianship.

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. 2. said incident shall be determined in that court. Offenses involving damage to property through criminal negligence. personal property valued at not more than Actions involving title or possession of real property where the assessed value does not exceed P20. 11.000/50. 8. 9. OR 2. exclusive of interest. Election contests for barangay offices.000/50. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts. All offenses punishable by only a fine of not more than P4. testate and intestate. and case becomes one for recovery of possession de jure (accion publicicana).000. MTC loses jurisdiction. Contested lots the value of which does not exceed P100. does not exceed P100.000.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 If an act constitutes a criminal offense. including the grant of provisional remedies where the demand. Actions involving P100.000. the accused shall be subject to criminal proceedings and the corresponding penalties. DELEGATED JURISDICTION in cadastral and land registration cases covering: 1.000.  After lapse of 1 year. 10. 7.000. issue of ownership resolved only to determine issue of possession. 12. B. All offenses punishable with not more than 4 years 2 mos 1 day imprisonment.000/200. JURISDICTION OF THE MUNICIPAL TRIAL COURTS. EXCLUSIVE ORIGINAL 1.  decisions of the MTC in these cases are appealable to the CA 4 . 3. damages. Violations of city or municipal ordinances. irrespective of fine. 6.000/200. CIVIL CASES Civil actions and probate proceedings. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer. attorney’s fees and costs. ELECTION CASES Offense of failure to register or failure to vote. Lots where there is no controversy or opposition.000. although MTC may still have jurisdiction if value of property does not exceed P20. CRIMINAL CASES 5. METROPOLITAN TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS A.

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 . re-opening Petition for relief from judgment Motion for extension of time to file pleadings. 20. without question of ownership. exclusive of interest and cost.000. resolved to determine question of possession. affidavits Memoranda Petition for certiorari. where the total amount of the claim does not exceed P10. Violation of rental laws 17. 22. 18. regulations 15. CIVIL CASES All cases of forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals. Damage to property through criminal negligence where the fine does not exceed P10. CRIMINAL CASES 13. All other criminal cases where the penalty does not exceed 6 months or a fine of P1000 or both. 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. B. 16.000 if quieting of ownership. Violation of traffic laws. 14. mandamus. rules.000. attorney’s fees not exceeding P20. reconsideration. irrespective of other imposable penalties or of the amount of civil liability 21. Violations of city or municipality ordinances 19.REMEDIAL LAW (JURISDICTION AND PRELIMINARIES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 SUMMARY PROCEDURE CASES APPLICABLE A. Other civil cases EXCEPT probate proceedings.

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

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. 5. EFFECT OF NON-COMPLIANCE: Dismissal upon motion of defendants for failure to state cause of action or prematurity. Actions which may be barred by the Statute of Limitations. Legal questions that might arise in resolving such objections before the punong barangay are to be submitted to the Secretary of the DOJ.. 41. 38. 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. otherwise. 36.000.A. 6657). Art. as amended. 226. 34. which grants original and exclusive jurisdiction over conciliation and mediation of disputes. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. they are deemed waived. 37. Actions to annul judgment upon a compromise. Labor disputes or controversies arising from employer-employee relations (Montoya vs. actually resides. Escayo. R. delivery of personal property and support during the pendency of the action. 40. et al. or any of the respondents. VENUE OF PROCEEDINGS: Situation Parties reside in same barangay Parties reside in different barangays Venue That barangay Barangay where respondent. 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. Actions coupled with provisional remedies such as preliminary injunction. which may be filed directly in court. AND 39. whose ruling shall be binding. 7 .00). specifically the following: 33. 46 & 47. attachment. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued. Offenses where there is no private offended party.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. Criminal cases where accused is under police custody or detention. grievances or problems to certain offices of the Department of Labor and Employment). 35. OR Suspension of proceedings upon petition and referral of case motu proprio to appropriate barangay authority. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sections. 171 SCRA 442.

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

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

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

 Jao v. whether or not the accused filed an appeal. Decisions of the Sandiganbayan: a. CA (reiterated in Bureau of Customs v. or other matters arising penalties imposed in relation thereto. Decisions of the Commissioner of Customs in cases involving liability for customs duties. JURISDICTION OF THE COURT OF TAX APPEALS EXCLUSIVE APPELLATE JURISDICTION over: Decisions of the Collector of Internal Revenue in cases involving disputed assessments. review by the Supreme Court shall be automatic. fees or other charges. and other matters arising under the Customs Law. 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. If penalty imposed is death. the decision shall be appealable to the SC by Notice of Appeal. prohibition or mandamus. 11 . refunds of taxes. seizure. If SB imposes penalty of reclusion perpetua or higher. fees or other money charges. fines. 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. or other matters arising under the NIRC. forfeitures. The Regional Trial Courts are precluded from assuming cognizance over such matters even through petitions of certiorari.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. the same proceeding by the Sandiganbayan or the appropriate court. 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. c. 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. and jointly determined in. 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. detention or release of property affected. 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. penalties imposed in relation thereto. Ogario. b. Any provisions of law or Rules of Court to the contrary notwithstanding.

power conferred upon different courts. once acquired. Where the law penalizing an act as punishable is repealed by a subsequent law. 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. Specific/Limited: General .power to adjudicate all controversies EXCEPT those expressly withheld from the plenary powers of the court Specific/Limited . Original vs.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. Once appeal has been perfected. or petitioner and respondent CLASSIFICATIONS OF JURISDICTION 1. 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. abandoned or declared void. Exceptions: When a subsequent law provides a prohibition for the continued exercise of jurisdiction. Where the statute expressly provides. General vs. Exclusive vs. whether of the same or different ranks. 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.restricted to particular cases and subject to such limitations as may be provided by the governing law 2. When the proceedings in the court acquiring jurisdiction is terminated. continues until the case is finally terminated. or is construed to the effect that it intended to operate as to actions pending before its enactment. 12 . to take cognizance at the same state of the same case NOTE: General Rule: Jurisdiction.

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

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. subrogation or any other relief.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. 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. 69.g. Negative Pregnant –a form of denial where only the qualification or modification of the fact alleged is denied while the fact itself is admitted. 67. 68. set-off). 65.. Motion – application for an order not included in the judgment. though admits the material allegations of the complaint.. COMPLAINT – concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action. 2. 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. KINDS OF PLEADINGS 1. 72. Affirmative Defense – an allegation of new matter which. 71. indemnity. Permissive Counterclaim – does not arise or is not connected with the subject matter of the claim (e. 4.g. 5. Compulsory Counterclaim – one arising out of or is necessarily connected with the subject matter of the claim (e. Negative Defense – specific denial of a fact alleged. 3. 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. 70. COUNTERCLAIM – any claim for money or other relief which a party may have against an opposing party. 6. 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. ANSWER – pleading where an adverse party sets forth negative and affirmative defenses upon which he relies. nevertheless prevents recovery. THIRD-PARTY COMPLAINT – a claim which a defending party may file against a person not a party to the action for contribution. recoupment). 14 . 66.

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. Preliminary Mandatory Injunction – an order requiring the performance of a particular act. 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. 15 . or other public officer charged with the enforcement of the law violated. 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. 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. Information – an accusation in writing charging a person with an offense subscribed by the fiscal and filed in court. Property Bond – an undertaking constituted as lien on the real property given as security for the amount of bail. peace officer. Criminal Complaint – sworn written statement charging a person with an offense subscribed by an offended party. 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.

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