SAN BEDA UNIVERSITY COLLEGE OF LAW Centralized Bar Operations: Mercantile Law Cotati r- 1 Uy ttt te A Legal and Judicial Ethics Volume 2 rayREMEDIAL LAW RAYMOND F. RAMOS Subject Chair KAREN JOY D. TECSON Assistant Subject Chair ROMAINE D. NUYDA Subject Electronic Data Processing SUBJECT HEADS Civil Procedure Criminal Procedure Evidence Special Civil Actions » Special Proceedings JASMIN N. APOSTOLES MARLO P. DIMACULANGAN VIKTOR KEVIN S. RUBIO ALYSSA CHRISTINE C. DELA CRUZ JOSHUA V. CONSTANTINO VINCE NOEL L. LUPANGO. . SUBJECT MEMBERS RUIZA V. TOLENTINO VICTOR I. ALMAZAR MA. LALAINE T. BALOLOY KIMBERLY ANN I. HONRALES GIANCARLO LORENZO S. GEMPIS GELAINE P. MARANAN PETER PAUL P. CAGURANGAN NEIL KIRBY L. ADA FLORENCIO F. STA. ANA IIT MATT LORENZ D. QUIAMBAO JENNIFER FAITH A. MONDIGO PATRICIA BENILDA S. RAMOS MARY JOIE S. TECSON ANNE KATHLEEN S. VICHO IRIS L. MENDIOLA ADVISER Atty. FRANCESCA LOURDES M. SENGAPA Eaook REMEDIAL LAW 1. GENERAL PRINCIPLES Q: What is Remedial Law? ANS: Remedial law prescribes the method of enfcrcing rights or obtains redress for their invasion (People v. Moner, G.R. No. 202296, March 5, 2018). A. SUBSTANTIVE LAW VS. REMEDIAL LAW Q: What are the differences between Substantive Law and Remedial Law? ANS: The following are the differences: (| ais Law ee eion Substantive law is that fat ofthe law which creates, defines and regulates rights, or which regulates. the rights and duties whicl give tise to @ cause of action (0) Substantive lav creates vested rights. Isha Rule takes away a vested right, it's not procedural. if the Rule creates a right such as the right to appeal, it may be classified as a substantive matter; but if it operates as a means of implementing an existing right then the rule deals merely” with ‘procedure (Fabian v. Desierto, G,R. “No. 129742, September 16, 1998). Substantive law is prospective in application (Spouses Tirona v. Alejo, G.R. No. 129313, October 10, 2001). at) Substantive law originates from the legislature. They are not embraced by the rule- making power of the Supreme Court (Primicias v. Ocampo, G.R. No. L- 6120, June 30, 1953). Cec) VAD) i ECU Remedial law prescribes the raalhd of enforcing rights or obtaining redress for their invasion (Id). Monee No vested rights may attach or arise from remedial law (Calacal2 v.!Republic, G.R. No, 154415, July 28, 2005). eke oie Remedial law is construed to be applicable to actions pending and undetermined at the time of their passage, and are deemed retroactive in that sense and to that extent (Calacala v. Republic, supra), except if it impairs vested right. ire | Remedial law does not originate from the legislature, but has the force and effect of law (Alvero v. De La Rosa, G.R. No. L- 286, March 29, 1946) if not in conflict with ‘substantive law. The Supreme Court is expressly | empowered to promulgate procedural | _tules (CONST., Art. Vill, Sec. 5, Par. 5) 418 VOL 2. 2019Py aera ff sos B. RULE-MAKING POWER OF THE SUPREME COURT Q: State the Rule-making power of the Supreme Court. ANS: The Supreme Court has the constitutional power to promulgaie rules concerning the protection and enforcement of constitutional rights, pleeding, practice, and procedure in all courts, the admission to the practice of law,.the Integrated Bar, and legal assistance to the underprivileged (CONST., Art. VIII, Sec. 5, Par. (5)). Q: Does the Supreme Court have the Power to Disapprove Rules of Procedure of Special Courts and Quasi-Judicial bodies? ANS: Yes. Rules of procedure of special courts and quasi-judicial bodies shall retain effective unless disapproved by the Supreme Court (CONST,, Art. VII, Sev.5, Par. (5)). Limitations in the Rule Making Power of the Supreme Court Q: Give the limitations on the Rule-making power of the Supreme Court. ANS: The following limitations are imposed by the Constitution on the Rule-making power of the Supreme Court: (SUN) 1. The Rules shall provide a Simplified and inexpensive procedure for the speedy disposition of cases; 2. The Rules shall be Uniform for éouirts of the same grade; and 3. The Rules shall Not: (DIM) a. c. Modify substantive rights (CONST., Art vil Sec. 5, Par. (5)). Power of the Supreme Court to. 1d Procedural Rule: Q: Does the Supreme Court have the sole power to amend procedural Rules? ANS: Yes. The: Supreme: Court has theisole prerogative to amend, repeal, or even establish new Rules for a more simplified. and inexpensive process, and the speedy disposition of cases (Neypes v. CA, G.R. No; 141524, September'14, 2005). Q: Does the Supreme Court have the power suspend procedural Rules? ANS: Yes. The courts have the power to relax’ér Suspend technical or procedural Rules or to except a case from their operation When! compélling’teasons so warrant or when the purpose of justice requires it. What constitutes good and sufficient cause is discretionary upon the ‘courts (Heirs of Villagracia v. Equitable Banking Corporation, G.R. No. 136972, March 28, 2008). C. PRINCIPLE OF JUDICIAL HIERARCHY Q: Discuss the Principle of Judicial Hierarchy (Hierarchy of Courts}. ANS: Where courts have concurrent jurisdiction over a subject matter, a case must be filed first before the lowest court possible having the appropriate jurisdiction, except if one can advance a special reason which would allow the party a direct resort to a higher court (1 RIANO, Civil Procedure: The Bar Lecture Series (2016), p 43 [hereinafter RIANO, Civil Proceduro}) Q: What is the rationale for the Principle of Judicial Hierarchy? ANS: The rationale is two-fold: (a) it would be an imposition upon the limited time of the court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, o; as belter equipped to resolve the issues because the Supreme Court is not a trier of facts (People v. Azarraga, G.R. Nos, 187117 and 187127, October 12, 2011).VOL 2. 2019 Ieee Q: Is the Principle of Judicial Hierarchy absolute? ANS: No. Ih several cases, the court has allowed direct invocation of the Supreme Court's original jurisdiction on the following grounds: (C-SWINE) 1, When there are genuine issues of Constitutionality that must be addressed at the most immediate time (The Diocese of Bacolod v. Commission on Elections, G.R. No. 205728, January 21, 2018); When there are Special and important reasons clearly stated in the petition; When dictated by public Welfare and the advancement of public policy; When demanded by the broader Interest of justice; When the challenged orders were patent Nullities; or When analogous Exceptional and compelling circumstances called for and justified the immediate and direct handling of the case (Republic v. Caguioa, G.R. No. 174385] February 20, 2013). Paren D. DOCTRINE OF NON-INTERFERENCE/JUDICIAL STABILITY Q: What Is the Doctrine-of Non-Interference?” ANS: Courts of co-equal and coordinate jurisdiction may not interfere with or pass upon each other's orders or processes (Lapu-Lapu Development and Housing Corp. v. Group Management Corp., G.R. No. 141407, September 09, 2002). It also bars a court from reviewing or interfering, with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review (Villamor v. Salas, G.R. No. L-101041, November 13, 1991). Q: Does the Doctrine of Non-Interference apply to administrative bodies? ANS: Yes. Settled. is the rule that where the law provides ‘for an appeal from the decisions of ariministrative bodies to the Supreme Court or the-Court of Appeals, it ‘means that such bodies are co-equal with the Regional Trial Courts in terms of rank epd stature, and logically,, beyond the control of the latter. Hence, the trial court cannot interfere with the decision of such administrative bodies (Philippine Sinter Corp. v. Cagayan Electric Power & Light Co., Inc., G.R. No. 127371, April 25, 2002). - .. IRJURISDICTION 7 Q: Define Jurisdiction. ANS: Jurisdiction is the power and. authority'of the court to hear, try, and decide a case (Barangay Mayamot, Antipolo City v. Antipolo City, G.R. No. 187349, August 17, 2016), as well as to enforce or execute its judgments or final orders (Echegaray v. Secretary of Justice, G.R. No. 132601, January 19, 1999). Q: Is jurisdiction substantive or procedural? ANS: Both. Jurisdiction over the subject matter is substantive as it is conferred by the Constitution or by law; while jurisdiction over the person is acquired by his voluntary submission to the authority of the court or through the exercise of its coercive processes and is therefore, procedural. Jurisdiction over the res is obtained by actual or constructive seizure placing the property under the orders cf the court (Zamora v. CA, G.R. No. 78206, March 19, 1990), and is aiso procedural. reVOL 2. 2019 A. CLASSIFICATION OF JURISDICTION Original vs Appellate fi Q: What are the differences between Original and Appellate jurisdiction? ANS: The following are the differences between Origirtal and Appellate jurisdiction: Cain Original jurisdiction is the power of the court to take judicial cognizance of a case instituted for judicial action for the first time under the _ conditions prescribed by law (1 TAN, Civil Procedure: A Guide for the Bench and the Bar (2017), p.3 [hereinafter TAN? Civil Procedure}. Appellate jurisdiction is the power and authority conferred upon a superior court to rehear and determine causes which have been tried in lower courts, the cognizance which a superior court takes of a case removed to it, by appeal or writ of error, from the decision of a lower court, or the review by a superior court of the final judgment or order of A court is one with original jurisdiction; when actions or\‘proceedings are) originally filed with it (1,RIANO, supra at 4 some lower courts (1 TAN, supra at 4). Perret uke ee eee A court is one with appellate jurisdiction when it has the power of review over the decisions or orders of a lower court (1 RIANO, supra at 47). As to Nature’ General jurisdiction isthe power of the court to adjudicate all. controversies except those expressly withheld from the plenary powers of the court. It extends to all controversies which may be brought before a court within the legal bounds of rights and remedies (7 TAN, supra at 3). Courts of general jurisdiction are those with competence to decide on their own jurisdiction and take cognizance of all cases, civil and criminal, of a particular nature (1 RIANO, supra at 47). 421 Special or limited jurisdiction is one which restricts the court's jurisdiction only to particular cases. and subject to such limitations as may be provided by the governing law. It is c.afined to particular causes, or which can be exercised only under the limitations and circustances prescribed by the statute (1 TAN, supra at 3). Courts of special (limited) jurisdiction are those which have jurisdiction only for a particular purpose or are clothed with special powers for the performance of specified duties beyond which they have no authority of any kind (1 RIANO, supra at 47).: BEDAN RED BOOK VOL 2. Courts which have the competence to exercise jurisdiction over cases not falling within the jurisdiction of any court, tribunal, person, or body exercising judicial or quasi-judicial functions (B.P. Big. 129, Secs. 19 & 20). Exclusive vs Concurrent Q: What are the differences between Exclusive and Concurrent jurisdiction? ANS: The following are the differences between Exclusive and Concurrent jurisdiction: eT cg Exclusive jurisdiction is the power to adjudicate a case or proceeding to the exclusion of all other courts at that stage (7 TAN, supra at 3). The following are examples of courts having exclusive original jurisdiction: 1. MTC having “exclusive original jurisdiction over cases of forcible entry and unlawful detainer (B.P. Big. 129, Sec. 33, Par. (2)); 2. RTC having exclusive _ original jurisdiction over all civil actions in which the subject matter of litigation is incapable of pecuniary estimation (BP. Big. 129, Sec. 19, Par. (1)); 3.CA having exclusive original jurisdiction over actions for annulment of judgments of the RTC (B.P. Big. 129, Sec. 9, Par. (2)). Note: Exclusive original jurisdiction precludes the idea of co-existence and | refers to jurisdiction possessed to the exclusion of others (Cubero v. Laguna West Multi-Purpose Cooperatives, Inc. G.R. No. 166833, November 30, 2006). 422 | 2.s8¢ 3.SC Concurrent jurisdiction is the power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same slage of the same case in the same or different judicial territories (7 TAN, supra at 4). Where there is: concurrent jurisdiction, the court first taking cognizance of the case assumes jurisdiction to the exclusion of the other courts (7 RIANO, supra at 49). RA eNOS ee eid The following are examples of courts having concurrent original jurisdiction: 1.SC having . concurrent — original jurisdiction with RTC in cases affecting ambassadors, other public ministers, and consuls (CONST., ART. Vill, Sec. 5; B.P. Big. 129, Sec. Sec. 21, Par. (2)) having c-neurrent original jurisdiction with the CA in petitions for certiorari, prohibition, and mandamus against the RTCs (CONST., ART. Vill, Sec. 5; BP. Bl, 129, Sec. 9, Par. (1); having concurrent original jurisdiction with the CA and the RTC in petitions for certiorari, prohibition and mandamus against lower courts and bodies in petitions for quo warranto. and habeas _corpus (CONST., ART. Vill, Sec. 5; B.P. Big. 129, Secs. 9, Par. (1) & 21, Par. (1)BEDAN- RED BOOK B. DOCTRINES OF HIERARCHY OF COURTS AND CONTINUITY OF JURISDICTION Doctrine of Hierarchy of Courts Q: What is the Doctrine of Hierarchy of Courts? ANS: The court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts or where exceptional and compelling circumstances justify availment of a remedy within and calling for the exercise of primary jurisdiction (1 TAN, supra at 37). Doctrine of Adherence of Jurisdiction Q: What does the Doctrine of Adherence of Jurisdiction (Continuity of Jurisdiction) mean? ANS: The doctrine provides that once a court has acquired jurisdiction, such jurisdiction cannot be ousted by subsequent events, although they be of a character which would have prevented jurisdiction from attaching in the first instance. Once iurisdiction has been acquired, it continues until the court finally disposes of ne case (Barrameda v. Rural Bank of Canaman, Inc., G.R. No. 176260, November 24, 2010). C JURISDICTION OF VARIOUS PHILIPPINE COURTS Q: Give an outline of the jurisdiction of courts in civil cases. ANS: The following are the jurisdiction of ccurts in civil cases: Boke a cts E z Petitions for certiorari, prohibition, or mandamus against: Court of Appeals (Judiciary Act of 1948, Sec. 17); Commission un Elections (CONST. Art. IX, Sec. 7); Commission on Audit (CONST. Art.iX, Sec. 7); Sandiganbayan (P.D. No. 1606, as amended); and Court of Tax Appeals (R.A. No. 9282, ctherwise known as The Law Creating the Court of Tex Appeals). nets Beater) PPene Disciplinary proceedings. against members of the Bar and court personnel (CONST. Art. Vill, Sec. 6; RULES OF COURT, Ruie 56). With the RTC: Cases affecting ambassadors, other public ministers, and consuls (B.P. Big. 129, otherwise known as The Judiciary Reorganization Act of 1980, Sec. 21, Par. (2); CONST., Art. Vill, Sec. 5, Par. (1)). COCANIME withthe ca: RULES 1. Petitions for certiorari, prohibition, or mandamus against: provide for a.RTC (BP. Big. 129, Sec. 21, Par. (1)): oes b.Civil Service Commission (R.A. No. 7902, otherwise known pe as An Act Expanding the Jurisdiction’ of the Court of unre Rees mr c.Central Board of Assessment Appeals (P.D. No. 464, Bn otherwise known as the Real Property Tax Code); UUs d.National Labor Relations Commission (St. Mertin Funeral Ra ea Homes v. NLRC, G.R. No. 130866, September 16, 1998); rr and Cg e.Other quasi-judicial agencies (Heirs of Hinog v. Melicor, of Courts. G.R. No. 140954, April 12, 2005): and 2. Petitions for Writ of Kalikasan (A.M. No. 09-6-8-SC, Rule 7, Sec. », Concurrent 423VOL 2. 2019 BEDAN RED BOOK With the RTC & CA: 1. Petitions for Habeas Corpus (B.P. 129, Sec. 9, Par. (1), & Sec. 21, Par. (1); CONST., Art. Vill, Sec. 5, Par. (1)); 2. Petitions for Quo Warranto (B.P. 129, Sec. 9, Par. 11), & See. 21, Par. (1); CONST., Art. Vill, Sec. 5, Par. (1)); 3. Petitions for certiorari, prohibition, or mandamus against inferior courts and other bodies (B.P. 129, Sec. 9, Par. (1), & Sec. 21, Par. (1); CONST., Art. VIll, Sec. 5, Par. (1)); and 4. Petitions for continuing mandamus (A.M. No. 09-6-8-SC, Rule 8, Sec. 1). With the RTC, CA, & Sandiganbayan: 1. Petitions for Writ of Amparo(A.M. No. 07-9-12-SC, Sec. 3); and 2. Petitions for Writ of Habeas data (A.M. No. 08-1-16-SC, Sec. 3). By way of appeal by certiorari under Rule 45, a 1. Court of Appeals; 2, Sandiganbayan; 3. RTC on pure questions of law; 4. In cases involving the constitutionality or validity of a law or treaty, international agreement or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation, legality of a tax, impost, assessment, toll or penalty, jurisdiction of a lower court (CONST. Art. Vill, Sec. 5); and . Court of Tax Appeals & 1 Banc(RiA. No, 9282, Sec. 19). gainst the: CivilCases | « e Cetntedete SCTE Actions for annulment of judgments of the RTC (B.P. Big. 129, Sec. Meine 9;Par. (2)) With the SC: 1. Petitions for certiorari, prohibition, or mandamus against: a. RTC (B.P. Big. 129, Sec. 21, Par. (1)); b. Civil Service Commission (R.A, No. 7902); c. Central Board of Assessment Appeals (P.D. No. 464); d. National Labor Relations Commission (St. Martin Funeral Homes v. NLRC, G.R. No. 130866, September 16, 1998); and e. Other quasi-judicial agencies (Heirs of Hinog v. Melicor, GR. No. 140954, April +2, 2005). 2. Petitions for Writ of Kalikasan (A.M. 09-6-8-SC, Rule 7, Sec. 3). Witi the SC & RTC: 1. Petitions for Habeas Corpus (BP. 129, Sec. 9, Par. (1), & Sec. 21, Par. (1); CONST., Art. VIll, Sec. 5, Par. (1)): 2. Petitions for Quo Warranto (B.P. 129, Sec. 9, Par. (1), & Sec. 21, Par. (1); CONST., Art. VIll, Sec. 5, Par. (1)); 3. Petitions for certiorari, prohibition, or mandamus against inferior courts and other bodies (B.P. Big. 129, Sec. 9, Par. 1&Sec. 21, Par. (1); CONST, Art. Vill, Sec. 5, Par. (1)); and Clirenicurs 424TSN INT bec erin 4. Petitions for continuing mandamus (A.M. No. 09-6-8-SC, Rule 8, Sec. 2) With the RTC, SC, & Sandiganbayan: 1, Petitions for Writ of Amparo (A.M. 07-9-12-SC, Sec. 3); and 2. Petitions for Writ of Habeas Data (A.M 08-1-16-SC, Sec. 3). 1. By way of ordinary appeal from the RTC and Family Couris (RULES OF COURT. Rule 41, Sec. 2, Par. (a)) & R.A. No. 8369, otherwise known as the Family Courts Act of 1997), Sec. 14}; 2. By way of petition for review from the RTC rendered in the exercise of its appellate jurisdiction (RULES OF COURT, Rule 42); 3, By way of petition for review from the decisions, resolutions, orders, or awards of the: a. Civil Service Commission; b. Office of the Ombudsman in administrative disciplinary cases; and c. Other bodies menticned in Rule 43 (RULES OF COURT, Rule 43). 4, By way of ordinary appeal over decisions of MTCs in cadastral or land registration cases pursuant to its delegated jurisdiction (B.P. 129, Sec. 34, as amended by R.A. No. 7691). Cases involving violations of: 1. E.0. No. 1 (Creating the PCGG); 2.£.0. No. 2 (illegal Acquisition and Misappropriations of Ferdinand Marcos, Imelda Marcos their close relatives, subordinates, business»-associales, dummies, agents or nominees); 3 3.£.0. No. 14 (Cases involving the ill-gotten wealth of the immediately mentioned persons); and 4. E.0. No. 14-A (amendments to E.O. No. 14) (R.A. No. 10660, otherwise known as An Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan, Sec. 2). With the SC: 1. Petitions for certiorari, prohibition, and mandamus whether or not in aid of its appellate jurisdiction (A.M. No. 07-7-12-SC); and 2. Petitions for Habeas Corpus, injunction, and other ancillary writs in aid of its appeliate jurisdiction, including Quo Warranto arising in cases falling under E.0. Nos. 1, 2, 14, and 14-A With the SC. CA & RTC: 1. Petitions for Writ of Amparo (A.M. No. 07-9-12-SC, otherwise known as The Rule on Writ of Amparo, Sec. 3): and | 2. Petitions for Writ of Habeas Data (A.M. No. 08-1-16-SC, otherwise known as The Rule on Writ of Habeas Data, Sec. 3). 425VOL 2. 2019 BEDAN RED BOOK Peery Regiorial Trial Courts Municipal Trial Courts If the gross value, claim, or | If the gross value, claim or demand exceeds P300,000 | demand does not exceed (outside Metro Manila), or | P300,000.00 (outside Metro exceeds P400,000 += (Metro | Manila), or does not exceed Manila): 400,000 (Metro Manila): 1. Actions involving personal property depending on the value of the property; 2, Admizalty and maritime cases depending on the amount of demand or claim; 3 Probate proceedings (testate or intestate) depending on the gross value of the estate; and 4, Demand for money depending on the amount (B.P. Blg.129, Sec. 19, Par. (3), (4), & (8),.& Sec. 33, Par. (1) as amended by R.A. No. 7691). Note: Exclusive'of Damages of whatever kind, Interest, Attorney's fees, Litigation Expenses, and. Costs (DIALEC), the amount of which must be specifically alleged; but shall. be included in the determination of the filing fees (B.P. Big. 129, Sec. 33, Par. (1), as amended). Note: The exclusion of the term “damages of\ whatever kind’ applies to cases where the damages are merely incidental to or a consequence of the main cause of action. However,,in cases where the! claim for damages is the main cause of action, or one of the Fete causes of action. the amount of such claim shall be considered in CeRPINEME determining the jurisdiction of the court (Administrative Circular 09- 94, June 14, 1994). If the assessed value or | If the’assessed value or interest interest inthe real property | in. the real. property does not exceeds P20,000 (outside | exceed P20,000 (outside Metro Metro. Manila), or exceeds | Manila), or does not exceed 50,000 (Metro Manila): 50,000 (Metro Manila): 5. Actions involving title to or possession of real property, or any interest therein depending on the assessed value (B.P. Big. 129, £76. 19, Par. (2) & Sec.33, Par. (3)) 6. Actions the subject matter | 6. Inclusion and exclusion of of which is incapable of voters (B.P. 881, Sec.138); pecuniary estimation; 7. Those covered by the Rules Note: Where the basic issue | “on Summary Procedure 's something other than the | (FEUD) ' right to recover a sum of a. Forcible Entry; and | money or the money claim is b. Unlawful Detainer purely incidental to, or a ‘(1991 Revised Rules on consequence of, the principal ‘Summary Procedure, relief, the action is incapable Sec. 1, Par. (a); B.P. Big. of — pecuniary —_ estimation 129, Sec. 33, Par. (2). (Russel v. Vesti, G.R. No. 119347, March 17, 1999)RED BOOK Note: All actions which are incapable of __pecuniary estimation is cognizable by the RTC except the annulment of judgments of the RTC, which is cognizable by the CA (B.P. Big. 129). 7. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions (general jurisdiction of RTC); 8. Under Section 5.2 of the Securities and Regulations Code to hear and decide: a. Cases involving devices or schemes employed by or any acts of the board of directors, business associates, its officers or partnership, amotnting to fraud and misrepresentation; b. Intra-corporate controversies: = c: Controversies in the elections D or appointments "lof directors, trustees; officers, or managers of corporations, partnerships, or associations; d. Petitions of corporations, partnerships or associations to be declared in the state of Note: Irrespective of the amount of damages or unpaid rentals sought to be recovered (1991 Revised Rules on Summary Procedure, Sec. 1, Par. (a)); Note: Where attorney's fees are awarded, the same shall not exceed P20,000 (1991 Revised Rules on Summary Procedure, Sec. 1, Par. (a); Note: May resolve issue of ownership to determine only the issue of possession (BIg. 129, Sec. 33, Per. (2)). 8. Other civil cases, except probate proceedings, where the ,total amount of the »plaintif’s claim does not exceed P100,000 or does not exceed) P200,000 in Metro Manila, ‘exclusive of interests and costs (1997 Revised Rules, on Summary Procedure, as. amended by AM. Nox _ 02-11-09-SC, effective Noveiriber 25, 2002). 9. Cases falling under the 2016 Revised Rules of Procedure For Small Claims Cases: Note: Applicable in all actions that are purely civil in nature where the claim or relief prayed for is solely for payment of sum of money. The claim may be: a. For money owed under: i. Contract of Lease; ii. Contract of Loan; suspension oF fi Conte Seren (Securities Regulations iv, Contract of Sale Code, Sec. 5.2 and iv, Contract of Mortgage. PD. No 902A. Sec, | »-For liquidated — damages 5). arising from contracts; c. The enforcement of a barangay amicable settiement involving a money claim (A.M. No. 08-8-7-SC, February 1, | 2016). 4273 RED BOOK SC may designate certain branches of RTC to handle exclusively criminal cases, juvenile and domestic relations cases, _ agrarian cases, urban land reform cases which do not fall under the jurisdiction of any quasi- judicial bodies and agencies, and other special cases as the SC may determine in the interest of speedy and efficient administration of justice (B.P. Big. 129, Sec. 23). Ce Petition for Habeas Corpus or application for bail in criminal cases in the absence of all RTC judges in the province or city (BP. Big. 129, Sec. 35). With the SC: Actions affecting ambassadors, public ministers;and-consu!s. With.the’Sc’& CA: : ns for Habeas Corpus; Petitions for Quo Warranto; . Petitions for certiorari, prohibition, or mandamus against inferior courts and other bodies; and Petitions for continuing mandamus. With the Sandiganbayan: 1. Petitions for Writ of- Amparo; and 2. Petitions for Writ of Habeas Data CA 8 the Insurance Commissioner: Single claim not exceeding P5,000,000 (R.A. No. 10607, otherwise known as An Act Strengthening The Insurance industry, Sec. 439) All cases decided by the MeTCs, MTCs and MCTCs in their respective territorial jurisdiction except decisions of lower courts in the exercise of delegated jurisdiction. cy ee 428EDAN RED BOOK - May be assigned by the SC to hear cadastral or land registration cases where: 1. There is no controversy or opposition over the land; or 2. In case of contested lands, the value does not exceed 400,000 (B.P. Big. 129, Sec. 34, as amended by R.A. No. 7691). eu aoa Family Courts have exclusive original jurisdiction to hear and decide the following civil cases? 1. Petitions for guardianship, custody of children, habeas corpus involving children; Note: The SC and the CA have not been deprived of their original jurisdiction of such petitions (Thornton v. Thornton, G.R. No. 154598, August.16, 2004). Petitions for adoption of children and the revocation thereof; Complaints for annulment, and declaration of nullity of marriage and matters relating to marital status*and property relations of husband and wife opthose living together under different status or agreement, and petitions for dissolution of conjugal partnership of gains;_ foie Petitions for support and/or acknowledgment; Summary judicial proceedings underthe Family,Code; and Petition for declaration of statls*of children as abandoned, dependent, or neglected; petitions for voluntary or involuntary (Senne commitment of children and matters refating to the suspension, Saeed termination, or restoration ofiparental authority and other cases ets cognizable under P.D. No: 603, E,0..No. 56 series of 1996, and other related laws (R.A. No. 8369, Sec. 5, Pars. (b), (c), (A), (e), (9, & (9). Note: Under the Family Code, the family home is deemed constituted; hence, no need for its constitution. en Oop Special Provisional Remedies: 1. In cases of violence among the family members living in the same domicile or household, the Family Court may issue a restraining order against the accused or defendant upon verified application by the complainant or the victim for relief from abuse; and 2. The court may order the temporary custody of children in all civil actions for their custody, support pendente lite, including deduction from the salary, and use of conjugal home and other properties in all civil actions for support (R.A. No. 8369, Sec. 7). Note: In areas where there are mo Family Courts, the abovementioned cases shall be adjudicated by the RTC. 426Exclusive Pent) -All cases All petitions for ae uc) involving custody, guardianship, legitimacy, paternity, and filiation arising under the Code of Muslim Personal Laws; All cases involving disposition, distribution, and settlement of estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or aggregate value of the property; . Petitions for the declaration of absence and_.death .for_ the cancellation or correction of entries in the Muslim Registries mentioned in Title VI, Book Two of the Code of Mustim Personal La All actions~ arising fromthe customary contracts in which the parties are Muslims, if they have not specified which law shall gover their relations; and mandamus, prohibition, injunction, —certiurari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction (P.D. No. 1083, otherwise known as the Code.of Muslim Personal Laws of the Philippines, Sec, 143, Par. (1)). VOL 2. Vf 2019 Shari’a Circuit Courts 1. Offenses defined and punished under P.D. No. 1083; 2.All civil actions and proceedings between parties who are Muslims or have been named in accordance with P.D. No. 1083, relating to: a. Marriage; b. Divorce; c. Betrothal or breach of contract to marry; d.Customary dower (mahr), e. Disposition and distribution of upon f. Maintenance and support and consolatory gifts (mut’a); g.Restitution 0 marital rights; and 3:Disputes relative to communal _ properties (P.D. No. 1083, Art. 188). - Petitions by Muslim for the constitution of a family home, change of name and commitment of an insane person to an asylum; - All other personal and legal actions not mentioned in paragraph 1 (d), Section 143 of P.D. No. 1083, (no. 4 of above) wherein the parties involved are Muslims except those for foruibie entry and unlawful detainer, which snail fall under the exclusive jurisdiction of the Municipal Circuit Court; and All special civii_ actions for interpleader or declaratory relief | wherein the parties are Muslims or the property involved belongs exclusively to Muslims (P.D. No. 1083, Art. 143, Par. (2)). 430BEDAN RED BOOK The Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. VOL 2. : Ah 2019 The Shari'a District Court shall decide every case appealed to it on the basis. of the evidence and records transmitted as well as — such mj memoranda, briefs or oral arguments (XTC as the parties may submit (P.D. No. 1083, Art. 144) Note: The decisions of the Shari'a District Courts whether on appeal from the Shari'a Circuit Court or not shall be finel. Nothing in P.D. No. 1083 shall affect the, original and appellate jurisdiction of the SC as provided in the Constitution (P.D. No. 1083, Art. 145). Q: What is the Totality of Claims Principle? ANS: The Totality Rule states that, where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the fotalitof the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions (B.P. Big. 129, Sec. 33, Par. (1)). Q: When is the Totality of Claims Principle? ANS: The Totality Rule is applicable in the following cases: 1. In actions where the jurisdiction ofthe court is dependent on the amount involved, the test of jurisdiction shall be the’ aggregate sum of all the money demands, exclusive only of interest and costs, irrespective of whether or not the separate claims are owned by or due to different parties. If any demand is for damages in a civil action, the amount thereof must be specifically alleged; or 2. Cases where there are two or more plaintiffs having separate causes of action against two or more defendants joined in a complaint (Flores v. Mallare- Philipps, G.R. No. 1-66620, September 24, 1986) Note: The Totality Rule applies under the condition that the causes of action in favor of the two or more plaintiffs or against the two or more defendants should arise out of the ‘same transaction or series of transactions aid there should be a common question of law or fact (Id). D. ASPECTS OF JURISDICTION Jur Q: What does jurisdiction over the parties mean? ANS: Jurisdiction over the parties is the legal power of the court to render personal judgment against a party to an action or proceeding (Black's Law Dictionary, 5” ed., 767). or the power of a court to render a personal judgment or to subject the parties in a particular ection to the judgment and other rulings rendered in the action (Villagracia v. Fifth Shari'a Court, G.R. No, 188832, April 23. 2014) n over the PartiesBE RED BOOK Q: How does the court acquire jurisdiction over the plaintiff? ANS: Jurisdiction over the plaintiff is acquired by the filing of the complaint, petition, or other initiatory pleading before the court by the plaintiff or petitioner (1 TAN, supra at 93). By the mere filing of the complaint, the plaintiff, in a civil action, voluntarily submits himself to the jurisdiction of the court (Guy v. Gacott, G.R. No. 206147, January 13, 2016). Q: How dees the court acquire jurisdiction over the defendant? ANS: Jurisdiction over the defendant is obtained either: 1. By service of summons; or 2. Byhis voluntary appearance in court(RULES OF COURT, Rule 14, Sec. 20). Q: What is the effect of the defendant's voluntary appearance in court? ANS: The defendant's voluntary appearance in.the action shall be equivalent to service of summons. It is a waiver of the necessity of’ formal notice. An appearance in whatever form, without explicitly Objecting to the'jurisdiction of the court over the person, is a submission to the jurisciction of the-court.over thé person (1 TAN, supra at 93). Examples are: 1. By filing an answer; or 2. By filing-a motion to dismiss, except when the defendant also raises the issue of lack of jufisdiction over his person (RULES OF COURT. Rule 14, Sec. 20). Q: In what instances will the filing of a pleading seeking affirmative relief NOT constitute a submission of one’s person to the jurisdiction of the court? ANS: In the ¢ase-of pleadings whose prayer is precisely for-the avoidance of the jurisdiction of the court, which only leads to a special appearance. These pleadings 1. In civil cases,,motions to. dismiss on the ground of lack of jurisdiction over the person\ of the defendant, whether or“not other grounds for dismissal are included; 2. In criminal cases,.motions to quash a. complaint on the ground of lack of jurisdiction over the person of the accused; and 3._ Motions to quash a warrant of arrest. Note: The first two are consequences of the faot that failure to file them would constitute a waiver of the defense of lack of jurisdiction over the person. The third is a consequence of the fact that it is the very legality of the court process forcing the submission of the person of the accused that is the very issue in a motion to quash a warrant of arrest (Miranda v. Tuliao, G.R. No. 158763, March 3:, 2006) Jurisdiction over the Subject Matter fatter Meaning of Jurisdiction over the Subject Q: Define jurisdiction over the subject matter. ANS: Jurisdiction over tie subject matter is the power to hear and determine cases of the genera! class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers (Mitsubishi Motors v. Bureau of Customs, G.R. No. 269830, June 17, 2015).- BEDAN RED BOOK Error of Jurisdiction as Distinguished from Error in Judgment Q: Distinguish between error of jurisdiction and error of judgment. ANS: The following are the distinctions: (ERR) VOL 2. iff 2079 ete een BOSS oe te reat 2 A It occurs when the court exercises Jurisdiction not conferred upon it by law. It may also occur when the court although ‘with jurisdiction, acts in excess of its jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction (People iv. Sandiganbayan, G.R. No. 173396, September 22, 2010). It presupposes that the court is vested with jurisdiction but in the process of exercising that jurisdiction it committed mistakes in the appreciation of facts and the evidence leading to an erroneous judgment (1 RIANO, Civil Procedure, supra at 58). COST uae z he judgment cannot be considered a lily; and therefore, cannot be collaterally impeached. Such is binding on the parties unless reversed or annulled (1 | RIANO, Civil Procedure, supra at 59). Renders a judgment void or at least voidable (Jaro v. CA, G.R. No, 127536, February 19, 2002). Reviewable only by the extraordinary writ of certiorari. (Cabrera v. Lapid, GR. No. 129098, December 6, 2006). ANS: Jurisdiction over’ the subject matter is~ conferred by the Constitution or by law. Nothing can change the jurisdiction of the court over the subject matter. That power is a matter of legislative enactment which none but the legislature may change (Zamora v. CA, G.R. No. 78206, March 19, 1990). tis NOT conferred by: (UCC-PEAS) 1. Court's Unilateral assumption of jurisdiction (Tolentino v. Social Security Commission, G.R. No. L-28870, September 6, 1985): 2. Contract (Figueroa v. People, G.R. No. 147406, July 14, 2008); 3. Compromise (Olongapo City v. Subic Water and Sewerage Co., Inc., G.R. No. 171626, August 6, 2014); 4. Agreement of the Parties (Metromedia Times Corporation v. Pastorin, G.R. No. 154295, July 29, 2005); 5. Erroneous belief of the cout that it exists (Id.); 6. Acquiescence of the court (Republic v. Estipular, G.R. No. 136588, July 20, 2000); or 7. Silence, waiver, or failure to object (People v. Garfin, G.R. No. 153176, March 29, 2004). ih‘é EDAN RED BOOK Q: How is jurisdiction determined? ANS: Jurisdiction over the subject matter is determined by the allegations of the complaint and the character of the relief sought (Heirs of Bautista v. Lindo, G.R. No. 208232, March 10, 2014). Once vested, jurisdiction remains regardless whether or not the plaintiff is entitled to recover all or some of the claims asserted therein (Go v. Distinction Properties, G.R. No. 194024, April 25, 2012). itis NOT determined by: 1. The defenses in the answer or motion to dismiss; Exception: If. after hearing, tenancy is shown to exist, it shall dismiss the case for lack of jurisdiction since the Department of Agrarian Reform Adjudication Board (DARAB) has exclusive jurisdiction to adjudicate agrarian disputes pursuant to R.A. No. 6657 (Velasquez v. Spouses Cruz, G.R. No. 191479, September 21, 2015). ‘The amount ultimately substantiated and awarded by the trial court; By the evidence in the trial; Consent or agreement of the parties; or By estoppel (Tolentino v. CA,.G.R.-No, 123445, October 6, 1997). Objections to Jurisdiction over the Subject Matter, : May the court, motu proprio; ‘dismis$"the case if it finds that it has no jurisdiction over the subject matter? ANS: Yes. The court may dismiss the case on its own jnitiative when it appears from the pleadings or the evidence on record that it has no jurisdiction over the subject matter (RULES OF COURT, Rule 9, Sec. 1). oe eo Q: When may a party raise the issue of jurisdiction over the subject matter? ANS: A party ‘may object to \the jurisdiction of the court as @ ground in a motion to dismiss (RULES: OF COURT, Rule 16, Sec, 1, Par. (b)) or as an affirmative defense in the answer (RULES OF COURT, Rule 16, Sec. 6). It’ may be raised at any time during the proceedings, even'for the first time on appeal, since jurisdictional issues cannot be waived (Boston Equity Resources v-CA, G.R. No, 173946, June 19, 2013). Effect of Estoppel on Objections to Jurisdiction hat is the effect of estoppel on objections to jurisdictions? ANS: While it is true that jurisdiction over the subject matter may be raised at any stage of the proceedings since itis conferred by law, itis nevertheless, settled that a party may be barred from raising it on. the ground of estoppel (La’o v. Republic, G.R. No. 160719. January 23, 2006). Note: The active participation of a party in a case is tantamount to recognition of that court's jurisdiction and will bar a party from impugning the court's jurisdiction. This only applies to exceptional circumstances (Concepcion v. Regalado, G.R. No. 167988, February 6, 2007). Q: What is the doctrine of estoppel by laches? ANS: In the case of Tijam v. Sibonghanoy (G.R. No. L-21450. April 15, 1968), the Supreme Court barred a belated objection to jurisdiction that was raised only when an adverse decision was rendered by the lower court against it. It raised the issue only after almost 15 years and after seeking affirmative relief from the court and actively participating in all stages of the proceedings. The doctrine, as declared by the Supreme Court, is based upon grounds of public policy x xx and is principally a question of the inequity or unfaimess of permitting a right or claim to be enforced or asserted (1 RIANO, supra at 74). 434VOL 2. 2019 Q: Is the doctrine of estoppel by laches the general rule? ANS: No. The general rule should be, as it has always been, that the issue of jurisdiction may be raised at any stage of the proceedings, even on appeal, and is not lost by waiver or by estoppel. Estoppel by laches, to bar a litigant from asserting the court's absence or lack of jurisdiction, only supervenes in exceptional cases similar to the factual milieu of the Tijam case (Figueroa v. People, G.R. No. 147406, July 14, 2008). uri over the Issue: Q: What does jurisdiction over the issues mean? ANS: This is the power of the court to try and decide the issues raised in the pleadings of the parties (Bernabe v. Vergara, G.R. No, L-48652, September 16, 1942). Q: How is jurisdiction over the issues conferred and determined? ANS: Jurisdiction over the issue is determined and conferred: 1. By the pleadings filed in the case by the parties (Lazo v. Republic Surety & Ins. Co., Inc., G.R. No. L-27365, January 30, 1979); or 2. By stipulations of parties as when in pre-trial, the parties can enter into stipulation of facts and documents or enter into an agreement simplifying the issues of the case (RULES OF COURT, Rule 18, Sec. 2); or 3. By waiver or failure to object to thé presentation Of evidence on a matter not raised in the pleadings (RULES OF COURT, Rule 10, Sec. 5). Jurisdiction over the Res or the Property in Litigation Q: Whats jurisdiction over the res? ; \ ANS: Jurisdiction over the res refers to ‘the court's jurisdiction over the thing or the property under litigation. (1 RIANO, supra_at 87). This is acquired by the actual or constructive seizure by the court of the thing in question, thus placing,itin custodia legis (De Joya v. Marquez, G.R. No. 162416, January 31, 2006): Q: How is jurisdiction over the res acquired? ANS: Jurisdiction over the res is acquired either 1. By the actual or constructive seizure ofthe property under iegal process, whereby it is brought into actua! custody of the law (e.g. attachment); or 2. As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective (e.g. suits involving the status of parties or property of a non-resident defendant) (Biaco v. PH Countryside Rural Bank, G.R No, 161417, February 08, 2007). E. JURISDICTION VS. EXERCISE OF JURISDICTION Q: Distinguish jurisdiction from the exercise of jurisdiction. ANS: Jurisdiction is the authority to hear and determine a case. It does not depend either upon the regularity of the exercise of that power or upon the rightfulness of the decisions made. The authority to decide a case at all, and not the decision rendered therein, is what makes up jurisdiction. Where there is jurisdiction, the decision of all questions arising in the case is but an exercise of jurisdiction (Estate of Yujuico v. Republic, G.R. No. 168661, October 26, 2007). iss a aH = am TsBEDAN RED BOOK F. JURISDICTION VS. VENUE VOL 2. fr 2019 Q: What is Venue? ANS: Venue is the defined as the place where the case is to be instituted, heard, and tried. It is procedural in nature, waivable for failure to make a timely objection, either in a motion to dismiss, or raise it in the answer as an affirmative defense and can be ‘subject to the stipulation of the parties (7 TAN, supra at 104). Q: Distinguish venue from jurisdiction. ANS: The following are the distinctions between venue and jurisdiction: Procedural Venue is the place where the cause of action is instituted, heard or tried. Jurisdiction is the power of the court to hear and decide a case. Itis not a ground, except in summary It_may be, a ground for motu proprio Procedure. dismissal. GOON uc as sae ced Venue may be'changed by the written Jurisdiction ‘cannot be the subject of the agreement of the parties. agreement of the parties. ORM UC una a CaN EC Kelsi It may be waived, Itis conferred by law and cannot be ‘waived. Le (1 TAN, supra at 108). 436VOL 2. 2019 = 15BY 3419121012) 6 G. JURISDICTION OVER CASES COVERED BY BARANGAY CONCILIATION, SMALL CLAIMS CASES, AND CASES: COVERED BY SUMMARY PROCEDURE Q: What cases are covered by the Rules on Small Claims, Summary Procedure, and Barangay Conciliation? ANS: The following are the cases covered: Ete ues ree (Coe aaa Cue eo kee coed Crs oer (AIM, No. 08-8-7-SC) Erte AUC) (Local Government Codg r of 1991, Sec. 408) Cases for the | 4. All cases of forcible | All disputes involving parties payment of money entry and unlawful | who actually reside in the where the value of Getainer irrespective | same city or municipality may the claim does not of the amount of | be the subject of the exceed P200,000, damages or unpaid | proceedings for amicable exclusive of interest rentals sought to be | settlement in the barangay and costs, and in recovered, | Where | except: which the claims are attomey's fees..are | 1. Where one party is the purely civil in nature awarded, the same government, or any Where the claim or shall not exceed Subdivision or relief prayed for by 20,000; and instrumentality thereof; the plaintiff is solely | 2. All other civil cases, | 2. Where one parly is a for payment or except probate public officer. «or reimbursement of proceedings, where employee, and — the sum of money” the total amount of | / dispute. relates to the plaintiff's claim does performance of his officia! The claim or demand not exceed P100,000 function: may bi or P200,000'In Metro | 3. Offenses punishable by 1. For money owed Manila, exclusive of imprisonment exceeding under any of the interests and costs 1 year or a fine exceeding following: (1991 Revised Rules 5,000.00; a. Contract of on Summary |~4. Offenses where there is lease; Procedure, as no private offended party; b. Contract of amended by A.M. No. | 5.Where the _ dispute loan; 02-11-09-SC, involves real properties c. Contract of effective November located in different cities services; 25, 2002). or municipalities unless d. Contract of the parties thereto agree sale; or to submit their differences e. Contract of to amicable settlement by mortgage. an appropriate Lupon; 2. For liquidated 6. Disputes involving parties damages arising who actually reside in | from contracts; barangays of different | 3. The enforcement cities or municipalities of a barangay except where — such amicable barangay units adjoin settlement or an each other and the arbitration award parties thereto agree to involving a money submit their differences to claim covered by amicable settlement by | this Rule pursuant an appropriate Lupon: | to Sec. 417 of the_ _ __and |VOL Wf 3 Local Government Code (A.M. No. 08-8-7-SC, The 2016 ~—- Revised Rules of Procedure for Small Claims Cases). Note: The amendment increasing the threshold amount to F300,000 was enacted on July 10, 2018 and thus not part_of the bar coverage. 1. Violations- of traffic laws, Rules and regulations; 2. Violations of the rental law; 3. Violations of municipal or city ordinances; 4. Violations of B.P. Big. 22 (AM. No. 00-11- 01-SC, April 15, 2003). 5. All other criminal cases where the penalty is imprisonment not. exceeding 6 months andior a fine of P 1,000 irrespective of other penalties or civil liabilities arising 438 7. Such other classes of disputes which the. President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. The court in which —non- criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial, motu proprio tefer the case to the lupon concemed for amicable settlement (KatarungangPambarang ay Rules, Rule VI, Sec. 1; RA. No. 7160, otherwise known as the Local Government Code of 1991, Sec. 408). Note:The court in which a non-criminal: case is filed may motu proprio refer the case, at any time before trial, to the) Luponi concerned for amicable settlement, the foregoing Rules notwithstanding and even if the case does not fall within thé authority of the Lupon (LOCAL’ GOVERNMENT CODE, Sec. 408). Cire ] When punishable by imprisonment of not more than 1 year or fine of not more than P5,000 (LOCAL GOVERNMENT CODE, Sec. 408).E1120. therefrom; and VOL 2. Vf: 2019 6. Offenses involving damage to property through criminal negligence where the imposable fine is not exceeding _ P10,000 (Revised Rule on Summary Procedure, Sec 1, Par. (b)). MI. CIVIL PROCEDURE A. GENERAL PROVISIONS (RULE 1) Meaning of Ordinary Civil Actions Q: What is an ordinary civil action? ANS: It is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong (RULES OF COURT, Rule 1, Sec. 3, par. a). Meaning of Speciol Civil Actions Q: What is a special civil action? ANS: Special civil actions refer to actions which, while’ governed by the rules for ordinary civil actions, are subject to specific Rules prescribed for under Rules 62 to 71 of the ROG (RULES OF COURT, Rule 1, Sec. 3, par. a). ry Meaning of Criminal Actions Q: Define criminal action. ANS: It is an action by which the State prosecutes a person for an act or omission punishable by law (RULES OF COURT, Rule.1, Sec. 3, par. b). Givil Actions versus Special Proceedings Q: What is a special proceeding? (SRP) ANS: A special proceeding is a remedy by which a party seeks to establish a Status, a Right or a Particular fact (RULES OF COURT, Rule 1, Sec. 3, par. ¢). Q: How do we distinguish ordinary civil actions from special proceedings? ANS: The distinctions between an ordinary civil action and a special preceeding are the following: Bri iireeacicn Pineau) ces ee Generally adversarial in nature. Thee | Generally, there is no definite adverse are definite parties — plaintiff vs. | party because it is directed against the defendant whole world. Special Proceedings are either in rem or quasi in rem. On Lee To protect or enforce a right or | To establish a status, a right, or a prevent or redress a wrong (RULES | particular fact (SRP) (RULES OF OF COURT, Rule 1, Sec. 3, par. A). _| COURT, Rule 1, Sec. 3, par. c). 439Fe NGL ay 33 CS rea Icy It is governed by Rules for ordinary | It is governed by special Rules civil actions (RULES OF COURT, | supplemented by Rules for ordinary civil Rule 1, Sec. 3, par. a). actions (RULES OF COURT, Rule 72, ee It is heard by courts of general | Itis heard by courts of limited jurisdiction. jurisdiction BOR acs Initiated by a pleading and parties | Initiated by means of a petition and respond through an answer after | parties respond by means of an being served with summons. opposition after notice and publication are made, Baylies anda Cet Ae Parties are generally. allowed. to-file |” Rules.on pleadings generally not answer, counterclaim, cross-claim, | applicable. and third-party complaint. The period to appeal is only 15 days | The period to appeal.is.30 days and aside and notice of appeal suffices, from a notice of appeal, a record on appeal is‘required. CRO Teeae tron It_is based on. a cause of ’action™| If is not based’on a cause of action except (RULES OF COURT, Rule 2, Sec. 1). habeas corpus. | (DE LEON & WILWAYCO, aay | Proceedings Essentials for Bench and Bar, (2015), 2). Personal Actions and Real Actions Q: What are the differences between a real action and a personal action? ANS: The distinctions between a real action and a personal action are the following (NV) Sse) eal Ce ees : | It is an action affecting title to or possession | All other actions are personal | Of real property, or interest therein (RULES | actions (RULES OF COURT, Rule | OF COURT, Rule 4, Sec. 1) 4, Sec. 2) Wc ee Itis a local action (1 RIANO, supra at 198). Itis a transitory action (Id.). | 440