Matters that determine jurisdiction

1. Question of fact & question of law

– determines the appellate jurisdiction of court
- If issue of fact & law, appeal to CA
- If issue of law only, appeal to the SC

Question of law- one which raises “what law is applicable to the case” and “how to interpret the law
visavis the facts of the case” and “the conclusion to be derived

Question of fact- asks whether a testimonial allegation is true or false

2. Actions in personam, actions in rem, actions quasi in rem

Actions in personam- an action that seeks to establish a personal liability against the defendant, sot that
when the case

Actions in rem- the decisions are binding across the whole world.

The court must acquire jurisdiction over the rest.

Writ of preliminary attachment – used to make an object be considered under custodial ???

When a foreigner has a property in the Phils subject to a mortgage

Real action – jurisdiction is determined by the assessed value of the property, by the court where the
property is situated

Personal – amount of the claim, court is where the defendant or plaintiff resides, at the option of the
plaintiff

Accion publiciana – Who is entitled to the right of juridical possession

When title is used, it means the right to occupy and own the property, whether by virtue of
proceedins in court, acquisition through prescription, etc.

In case of disputes involving corporations – intracorporate disputes (used to be under the SEC, now to
the Special Commercial Court)

Family Court

Commercial Court

Drug Cases Court

Agrarian Court

Drug Cases Court

Injunction is under the Original Exclusive Jurisdiction of the RTC. However

Interpleader is a special civil action. Needs to know the value of the property involved to know what
court has jurisdiction.

Interpleader and declaratory relief, cause of action is not necessary. You are just asking for a declaration.

Certiorari

Revision

Mandamus – commands a person performing a ministerial function to do his duty

RTC has concurrent jurisdiction with CA and SC when it comes to Interpleader, revision, and mandamus

Quo Warranto is one which challenges the right of a respondent to hold a public office

1. Ineligibility of the respondent

2. Disloyalty to the republic of the Philippines

Expropriation or Eminent Domain

Search for grounds for expropriation

Contemptible

- Degrades the dignity of the court

- Ignores or disregards the issues of the court
- Non-fulfillment of the commands of the court
- Misdemeanor in open court

RULES OF COURT

Rule 6-58 was amended

Judge batang(book) no recommended book, but preferably one that has the amendments
already.

Remedial law by Herrera

Remedial law by Riano

Remedial law by

Rule 1 General Provisions

Civil Actions

Criminal Actions

Sui Generis

2 kinds of respondent
Private -

Public – when the action is land registration or cadastral cases

Cross claim- a claim by a party against a co-party

In criminal cases, there is public or private prosecutor, the accused

Qualified to be parties:

A party may either be a natural person, a juridical or artificial person, or an entity authorized by law

Non-sueability of the State-you cannot sue the state without its permission

Acts that amounts to implied consent

When a state

-engages in a joint operation with a private entity in relation to its public functions

-enters into a contract

-when the action is against a department or any major agency of the state, that is considered a suit
against the state

Real party in interest – one who is entitled to the results of the suit

Indispensable parties – if absent, the case cannot be tried or decided

Proper parties – Not indispensable, but must be impleaded to resolve all points of controversy

Identity in the cause of action of the issues involved

Cause of action

- A cause of action consists

o Right of the plaintiff
o Act or omission of the defendant that violated the right of the plaintiff

Assignment Rules 4-10