Remedial Law Review – June 17, 2019

 Is procedural law retroactive?

As a general rule – No, with the exception on pending cases in the lower appellate
court.

 Classification of Courts

General – those competent to decide their own jurisdiction and to take cognizance of
all kinds of cases, unless provided for by law or rules.

Limited/Special – those which have no power to decide their own jurisdiction and can
only try cases permitted by statute.

Note: RA 6657 provided for designation of at least one RTC within each province to act
as a Special Agrarian Court. Special Agrarian Courts shall have original and exclusive
jurisdiction over all petitions for the determination of just compensation to land owners
and prosecution of all criminal offenses under the said act.

 Classification of Jurisdiction

General – the power to adjudicate all controversies except those expressly withheld
from the plenary powers of the court.

Special/Limited – restricts the court’s jurisdiction only to particular cases and subject
to a limitation as may be provided by the governing law.

Original – power of the court to take judicial cognizance of a case instituted for judicial
action for the first time under conditions provided for by law.

Appellate – the 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.

Exclusive – the power to adjudicate a case or proceeding to the exclusion of all other
courts.

 Forcible Detainer/ Unlawful Detainer

In forcible entry, the one-year period is generally counted from the date of actual
entry on the land; in unlawful detainer, from the date of last demand.

If the action for unlawful detainer is filed is filed more than one year from the date of
last demand, the RTC has jurisdiction.

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  If the question of possession is attached to the question of ownership,
the MTC can resolve the issue, regardless if the assessed value is beyond its
jurisdiction. This is because the main issue is forcible entry/unlawful detainer –
such resolution will only be provisionary in nature.

However, the resolution, being provisionary in nature can be scrutinized by the

RTC.

 Can the Court of Appeals convert itself into a Trial Court?

Yes, Rule 47.

 The Supreme Court can delegate land title cases to the MTC.

 Procedure to go to CA: by way of appeal, Rule 42.

 Procedure to go to SC: by way of petition of review, Rule 45.

 Can you substitute certiorari with petition to appeal?

No, it is not a substitute for appeal but rather an original action by itself.

 Jurisdiction vs. Venue

Venue Jurisdiction
The authority to hear and determine a The place where the case is to be
case. heard or tried.

Fixed by law and cannot be conferred May be conferred by the act or

by the parties. agreement of parties (Rule 4, section
4).

Establishes a relation between the Establishes relation between the

court and the subject matter. plaintiff and defendant, or petitioner
and respondent.

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 Error of Jurisdiction Error of Judgment
Reviewable in an original action for Correctible by appeal.
certiorari.

Renders the judgment void or voidable. Ground for reversal only if it shown
that prejudice has been caused
thereby.