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General Principles

Principle of Judicial Hierarchy: Parties must observe hierarchy of courts before the seek
relief directly with higher courts. Request original jurisdiction from the SC only when
there are special and important reasons clearly and specifically set out in the petition.
Doctrine of Judicial Stability: Courts of equal and coordinate jurisdiction cannot
interfere w/ each others orders.
Doctrine of Primary Jurisdiction: Courts cannot resolve controversy involving a
question w/ jurisdiction of an administrative tribunal especially if it demands special
knowledge.
Neypes Principle: Litigant are given a fresh 15 days within which to appeal, counted
from receipts of the order dismissing the MTR/MR.
Procedural laws may be given retroactive effect when no VESTED RIGHTS are affected.
Civil Action: party sues another for enforcement of a right or prevention or redress of a
wrong
Criminal Action: State prosecutes a person for an act or omission punishable by law
Special Proceeding: Party seeks to establish a right, status, or fact
Priority in the calendar shall be on habeas corpus cases, election cases and special civil
actions
Framework of an Ordinary Civil Action
A. Complaint
1. Is there a Cause of Action?
2. Which court has the following?
a. Jurisdiction over the subject matter? (MTC/RTC/CA/SC)
b. Venue, where should the complaint be filed?
- Real: Place where property is located
- Personal: Where plaintiff/defendant resides or at election of parties
c. Are they real parties of interest?
d. Action barred by Statute of Limitations? (FEUD:1yr; contracts, law 10yrs)
e. Are the Conditions Precedent? (barangay conciliation, demand, family earnest
effort)
3. Content of Complaint Paper (ultimate facts, date, signature, verification, CNFS)
4. Filing the Complaint (pay docket fees)
5. Proceedings after filing complaint
a. Dismissal of action by Complainant
- Before answer: matter of right (notice)
- After answer: matter of discretion (motion)
b. Amendment of Complaint
- Before service of responsive pleading: matter of right
- After service of pleading: matter of discretion
B. Summons
1. Summons
a. Service in Person
b. Substituted Service
c. Publication in exceptional cases
2. Bill of Particulars
3. Motion to Dismiss

C. Answer
1. Answer required or else theres default
2. Motion for Judgment on pleadings
3. Counterclaim
4. Third Party Complaint
5. Cross-Claim
6. Intervention
D. Pretrial
1. Topics: possibility of settlement, ADR
2. Discovery Procedures
3. Consequence of not being in pretrial
a. Plaintiff fails to appear: dismiss
b. Defendant fails to appear: plaintiff presents its case ex parte
E. Judgment
1. No Oral, All in writing
2. Entry of Judgment in Book
F. Post Judgment Remedies
1. Before judgment becomes final and executor
a. Motion for new trial
b. Motion for reconsideration
c. Appeal
2. After judgment becomes final and executor
a. Petition for Relief
b. Action to Annul Judgment
c. Certiorari
d. Collateral Attack on Nullity of Juddgment
G. Execution
1. Terceria

Rules on Jurisdiction
Court Exclusive Original Jurisdiction Concurrent Jurisdiction Appellate Jurisdiction
Supreme
Court
(Consti
VIII.5)
Settle actual controversies involving rights which are legally demandable and enforceable and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of the government.
Assign Temporary Judges of lower courts
Change in Venue to avoid miscarriage of justice

Limitations on Rule Making Power of the SC
Simplified, inexpensive for speedy disposition
Uniform for courts of same grade
Shall not diminish increase/ modify substantive rights

W/ CA, Sandiganbayan and RTC: Mandamus, prohibition,
certiorari, habeas corpus, quo warrranto, writ of amparo,
writ of habeas data
W/ RTC: actions affecting consuls and public ministers
Constitutionality of a treaty, law agreement
Legality of any tax, impost assessment or toll
Jurisdiction of lower court is at issue

Exclusive Appellate Jurisdiction
Criminal case where penalty is reclusion perpetua or higher
Only error or question of law in RTC exercising original
jurisdiction
Decisions of the CTA En Banc, Sandiganbayan
Court of
Appeals
Annulment of RTC judgments
- Except those purely on question of law and in exercise of RTCs original jurisdiction: that goes to SC
! Only en banc for administrative functions
! Quorum in a division is when all 3 are present and if decision is not unanimous two more are added by raffle
and require unanimous vote.
On question of law
If RTC appeals from its original jurisdiction: SC
If RTC appeals from its appellate jurisdiction: CA
W/ SC, Sandiganbayan and RTC: Mandamus, prohibition,
certiorari, habeas corpus, quo warrranto, writ of amparo,
writ of habeas data
Final judgments of the RTC, SEC, SSC, ECC, CSC
Rules of Government Agencies
Appeal : Appeal to the CA: 43
- Ombudsman: Appeal to CA: if Admin Case 43
Certiorari: NLRC: to the CA: St. Martins Funeral
Regional Trial
Court
Civil actions incapable of pecuniary estimation
Not within exclusive jurisdiction of other courts (court of general jurisdiction)
Personal property, admiralty, maritime, probate, claims excluding interests
- MM: 400,000+; NMM: 300,000+
Title of, possession of or any interest in real property
- MM: 50,000+; NMM: 20,000+
Juvenile, Agrarian Reform, Family, & Commercial Courts,
W/ SC: actions affecting consuls and public ministers
W/ SC and CA:: Mandamus, prohibition, certiorari, habeas
corpus, quo warrranto, writ of amparo, writ of habeas data
W/ Insurance Commissioner: Claims -100,000


Judgments of lower courts w/in their jurisdiction
Securities Regulation Code: Intra-corporate Disputes, Elections of Directors & Officers, Petitions of
Corporations to be declared in suspension of payment, Schemes of Directors & Officers amounting to fraud
and misrepresentation

Criminal Cases: Criminal w/ imprisonment: 6 years +, Criminal fine: - 4,000,
Criminal Cases on Libel, Intellectual Property, Dangerous Drugs
Money Laundering cases of those not public officers or assisting public officers,
MTC, MTCC,
MeTC, MCTC
Admiralty, maritime, probate, claims excluding interests, personal property
- MM: -400,000; NMM: -300,000
Title of, possession of or any interest in real property
- MM: -50,000; NMM: -20,000
Provisional Remedies
Inclusion/Exclusion of Voters
Summary Procedure
Forcible Entry and unlawful detainer actions
- Total claim: MM: -200.000; NMM: -100,000
- Traffic, Rental, City Ordinance, BP 22
- Criminal: -6 months, -P1,000
Small Claims Cases
Cadastral and Land Registration: only when delegated and -100,000
Criminal Cases w/ imprisonment: - 6 years
Criminal fine: -4,000
Habeas Corpus or Bail where RTC judge is absent


Sandiganbayan Only on its appellate jurisdiction habeas corpus