An action for revival is an action incapable of pecuniary estimation – RTC

- It is an independent action
- Under BP 129
- Action incapable of pecuniary estimation

Trivilia case – for determining jurisdiction, you cannot use market value over the subject matter
as the assessed value must be used under BP 129
But for determining docket fees, market value may be one’s basis

Gr 221815 – Foronda crystal case – explains the difference on docket fees

Purchase priced alleged in the complaint is sufficient for determining the amount of docket fees
however assessed value must be the basis for the jurisdiction

Supapo case – determining the issue of possession

MTC has exclusive jurisdiction for unlawful detainership

Lack of jurisdiction over subject matter may be raised at any time

- Estoppel by laches
- Tijam case
Doctrine of immutability of judgement
- Exceptions (3)
o Non pro tunc
o Void judgment
o Circumstances transpire after judgment that make the judgment immutable
Void judgment cannot be executed

Annulment of judgment of rtc should be filed to ca- because the law explicitly provides that
annulment of judgment of rtc is conferred to ca under bp 129

Want of jurisdiction – cannot attain finality

Heirs of bautista vs lindo

- List of actions incapable of pecuniary estimation
- CA 141 – law is deemed written in to the contract - thus the case is one of a case for
specific performance

Jurisdiction over the remedy – GR NO 214546 - -oct 9 2019 -

Venue cannot be stipulated but jurisdiction cannot as it is conferred by law

2 tiered rule of identifying jurisdiction

1. Assessed value alleged in the complaint
 2. Tax declarations or zonal valuations

Accion for publiciana is an action which jurisdiction should be based on the assessed value of
the property and not automatically rtc

Jurisdiction over the plaintiff

Jurisdiction over the defendant how acquired
Jurisdiction over the issues exception(Bernabe case) – when it is brought upon during the trial
and no complaint was made, other issues may be settled
Jurisdiction over the res – how acquired - de joya case- 1.actual or constructive SEIZURE by the
of the thing in question thus placing it in custodia legis 2. As a result of the institution of legal
proceedings in which the power of the court is recognized and made effective

Can a foreign husband file for an annulment of marriage – yes but need to be a resident of the
Philippines

Action in personam – basis – personal liability – jurisdiction over the person is required
Action in rem
Action quasi in rem

Why the distinction

1. Whether or not jurisdiction over the person or the defendant is required
2. The type of summons to be employed
3. Upon whom judgment is binding

Action in personam – how to serve summons if defendant is not in the country – you would
need to convert your action in personam to an action in quasi in rem which allows the serving
of summons by publication – how to convert – by attaching a preliminary attachment – rule 57
section 1(f)

Cause of action
Right of action
Real party in interest

Up to RULE 10

Reformation – when to be filed – when discovered

Action for collection of sum of money – to have a cause of action – what is required? – demand
first and despite the demand no payment is made
If there is no demand-no cause of action has arised
DOCTRINE OF ANTICIPATORY BREACH – if debtor makes unqualified and positive refusal or
there is acceleration clause

Promissory note – divisible

Splitting of cause of action

Same evidence test

Real estate mortgage – splitting of cause of action rule

Deficiency judgment – no splitting of cause of action
In real estate mortgage – remedies are alternative not cumulative

BP 22 complaint – civil liability cannot be brought in a different case from the criminal case
Procedural rules does not affect

Identity of parties

Joinder of causes of action

Quieting of title is a special civil action and cannot be joined with an ordinary action such as an
injunction
Ejectment is also a special civil action
Rule 62 to 71

Annulment of sale is personal action and recovery of possession is real action

Gr No 169108 – summary of Manchester and sunlife

Lack of legal capacity to sue

In a case of a co-owned party, one co-owner is enough if it is for the benefit of all

OCTOBER 3

Sales invoice is not a conclusive evidence to show that there is a perfected sale

Specific Denial –

Rule 34 section 1

Rule 129, Section 4v – Judicial admissions – admissions made orally or in writing during the
proceedings – effect------no proof required, bound by the judicial admission
Complaint – alleges the parties cause or causes of actions, must put both the address of the
plaintiff and defendant
Negative defense – specific denial
Affirmative defense – not an admission, only hypothetically admitting

Rule 9, section 1 – non-waivable defenses

If these grounds appear, court may dismiss
Maybe raised in motion to dismiss and in affirmative defense

Reply – not mandatory as everything in answer is deemed controverted except when an

actionable document was used as basis in answer but you may still waive such right if the
defendant wants to do so but the genuineness and due execution of the document would be
deemed
-cannot raise new matters in reply thus must amend complaint

Three modes of specific denial

1. Deny specifically
2. Deny specifically some and admit some
3. Deny due to lack of knowledge – must be in good faith

Negative pregnant –

Counterclaim – defendant party’s claims against opposing party

Permissive counterclaim
Vs
Compulsory counterclaim
4 ways to determine
1. Are the issues of fact and law raised by the claim and counter claim the same?
2. Will res judicata bar
3. Will the substantially the same evidence be used
4. Logical reason

OCT 5
DOCKET FEES
Manchester case
Sunlife case clarification
Rule 111- rule on docket fees on criminal cases
BP 22 need to pay the same amount in the check as docket fees
--
Rule 7, Section 6– what should be alleged
Judicial Affidavit Rule - amendment days of filing
 - Not applicable to small claims but applied to summary procedures
OCT 10
Hague Convention
-scope
-requirements for requisites
Transmission of request – through what authority? – central authority and then submit
what documents? Answer: III. 4
-inbound
-payment
-different address

SUMMONS
-when issued
-contents
-by whom served
-valid until served

Dec 12, 2020

When does trial starts? 30 days after pre-trial
Suspension vs adjournment
In consolidation, which court should render judgment –
ans:the court with lower docket number
How to present adverse or hostile witness-
ans: adverse-serve written interrogatories
Senga: demurrer to evidence is actually motion to dismiss