General rule:

Lack of jurisdiction over the subject matter may be raised at any stage of the
proceedings, even for the first time on appeal. The reason for this is that jurisdiction
is conferred by law, and lack of it affects the very authority of the court to take
cognizance of the action [Asiatrust Development Bank v. First Aikka Development,
Inc., G.R. No. 179558 (2011)]

Exception: Tijam v. Sibonghanoy [G.R. No. L21450 (1968)] espoused the doctrine
of estoppel by laches, which held that a party may be barred from questioning a
court’s jurisdiction after invoking the court’s authority in order to secure affirmative
relief against its opponent, when laches would prevent the issue of lack of
jurisdiction from being raised for the first time on appeal by a litigant whose
purpose is to annul everything done in a trial in which it has actively participated
[Francel Realty Corp. v. Sycip, G.R. No. 154684 (2005)]

Note: Tijam v. Sibonghanoy must be construed as an exception to the general rule

and applied only in the most exceptional cases where the factual milieu is similar
to that in the said case [Figueroa v. People, G.R. No. 147406 (2008)]

Note: Even if Sec. 12(b), Rule 8 of the Amended Rules provides that the failure to
raise an affirmative defense at the earliest opportunity constitutes a waiver
Page 151 of 1530
thereof, the failure to raise lack of jurisdiction over the subject matter as an
affirmative defense in the answer does not waive such defense. The retention of
Sec. 1, Rule 9 maintains the status of lack of jurisdiction over the subject matter as
a non-waivable defense. As such, the proper action if one failed to raise the
court’s lack of jurisdiction over the subject matter in the answer would be to file a
motion to dismiss, which can be filed at any point during the proceedings, subject
to the doctrine in Tijam.

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c. Jurisdiction over the Issues

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Jurisdiction over the issues is the power of the court to try and decide the issues
raised in the pleadings of the parties [Reyes vs Diaz, G.R. No. 48754 (1941)]

An issue is a disputed point or question to which parties to an action have

narrowed down their several allegations and upon which they are desirous of
obtaining a decision [1 Riano 83, 2016 Bantam Ed., citing Black’s Law Dictionary
745, 5th Ed.]

Generally, jurisdiction over the issues is conferred and determined by

a. The pleadings of the parties, which present the issues to be tried and determine
whether or not the issues are of fact or law [Reyes v. Diaz, G.R. No. L48754
(1941)]
b. Stipulation of the parties as when, in the pre-trial, the parties enter into
stipulations of facts or enter into agreement simplifying the issues of the
case [Sec. 2(c), Rule 18]
c. Waiver or failure to object to evidence on a matter not raised in the pleadings.
Here the parties try with their express or implied consent on issues not raised
by the pleadings. [Sec. 5, Rule 10]
[1 Riano 83-84, 2016 Bantam Ed.]

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The rule is that a party is entitled only to such relief consistent with and limited to
that sought by the pleadings or incidental thereto. A trial court would be acting
beyond its jurisdiction if it grants relief to a party beyond the scope of the
pleadings. [Gonzaga v. CA, G.R. No. 142037 (2004)]

Page 155 of 1530

d. Jurisdiction over the Res or Property in Litigation

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Jurisdiction over the res refers to the court’s jurisdiction over the thing or the
property which is the subject of the action [1 Riano 104, 2014 Bantam Ed.]

“Res," in civil law is a “thing” or “object.” It is everything that may form an object
of rights, as opposed to a “persona,” which is the subject of rights. It includes
object, subject matter or status [1 Riano 86, 2016 Bantam Ed., citing Black’s Law
Dictionary 1172, 5th Ed.]

How Acquired:
a. By seizure of the thing under legal process whereby, it is brought into actual
custody of the law (custodia legis); or
b. From the institution of legal proceedings wherein, under special provisions of
law, the power of the court over the property is recognized and made
effective (potential jurisdiction over the res) [Biaco v. Philippine Countryside
Rural Bank, G.R. No. 161417 (2007); El Banco EspanolFilipino v. Palanca, G.R.
No. 11390 (1918)]

In order that the court may exercise power over the res, it is not necessary that the
court should take actual custody of the property, potential custody thereof being
sufficient. [Marcos, Jr. v. Republic, G.R. No. 189434 (2014); Perkins v. Dizon [G.R. No.
46631 (1939)]
Page 157 of 1530
Example: A land registration case is a proceeding in rem. In such a case, actual
possession of the land by the court is not necessary. It is enough that there is
constructive seizure of the land through publication and service of notice. [1 Riano
89, 2016 Bantam Ed.]

Jurisprudence holds that if the action is in rem or quasi in rem, jurisdiction over the
person of the defendant is not required. What is required is jurisdiction over the res,
although summons must also be served upon the defendant in order to satisfy the
requirements of due process. [Gomez vs CA, G.R. No. 127692 (2004)]

Page 158 of 1530

5. Distinguish: Error of Jurisdiction and Error of Judgment

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Error of Jurisdiction is one which occurs when the court exercises a jurisdiction not
conferred upon it by law or when the court acts in excess of its jurisdiction or with
grave abuse of discretion amounting to lack of jurisdiction. [GSIS v. Oliza, G.R. No.
126874 (1999)]

Error of Judgment presupposes that the court is vested with jurisdiction over the
subject matter but in the process of exercising such jurisdiction, it committed
mistakes in the appreciation of facts and the evidence leading to an erroneous
judgment. [1 Riano 58, 2016 Bantam Ed]

Error of jurisdiction Error of judgment

One where the act One which the court
complained of was: may commit in the
(1) without exercise of its
jurisdiction or in jurisdiction.
excess of jurisdiction
[Cabrera v. Lapid, It includes error of
G.R. No. 129098 procedure or
(2006)], or (2) with mistakes in the
grave abuse of court’s findings
discretion
Page 160 of 1530
amounting to lack of [Banco Filipino
jurisdiction Savings
Mortgage Bank v.
CA, G.R No. 132703
(2000)]
Correctable only by Correctable by
the extraordinary writ appeal. [Cabrera v.
of certiorari. Lapid, G.R. No.
[Cabrera v. Lapid, 129098 (2006)]
G.R. No. 129098
(2006)]

Note: Sec. 8, Rule 40

allows an RTC with
original jurisdiction
over a case brought
on appeal from a
lower court without
jurisdiction over
subject matter to

Page 161 of 1530

decide the case on
the merits.

When there is an An erroneous

error of jurisdiction on judgment on the
the part of the court, part of the court
the decision does not render the
rendered is a total judgment void.
nullity and may be
struck down at any
time, even on
appeal; EXCEPT
when party raising
the issue is barred by
estoppel. [Suntay v.
Gocolay, G.R. No.
144892 (2005)]
[1 Riano 73-74, 2014 Bantam Ed.]

Page 162 of 1530

6. Distinguish: Jurisdiction and Venue

Page 163 of 1530

 Venue Jurisdiction
Place where the Authority to hear
case is to be heard and determine a
or tried case
Procedural Substantive
Establishes a relation Establishes a
between plaintiff relationship
and defendant, or between the court
petitioner and and the subject
respondent matter
May be changed by Fixed by law and
the written cannot be conferred
agreement of the by the act or
parties or waived agreement of the
expressly or impliedly parties
The court may not The court may
dismiss an action dismiss an action
motu proprio for motu proprio in case
improper venue of lack of jurisdiction
[Rudolf Lietz over the subject

Page 164 of 1530

 Holdings, Inc. v. matter [Rudolf Lietz
Registry of Deeds of Holdings, Inc. v.
Paranaque City, G.R. Registry of Deeds of
No. G.R. No. 133240 Paranaque City, G.R.
(2000)] No. G.R. No. 133240
(2000)]
The objection to an Jurisdiction over the
improper venue subject matter may
must be raised in the be raised at any
answer as an stage of the
affirmative defense. proceedings since it
[Sec 12, Rule 8] It is is conferred by law,
no longer a valid although a party
ground for a motion may be barred from
to dismiss. raising it on the
ground of estoppel
[La’o v. Republic,
G.R. No. 160719
(2006)]
[Nocum v. Tan, G.R. No. 145022 (2005)]
[1 Riano 196, 2014 Bantam Ed.]
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7. Jurisdiction over Small Claims, Rules on Summary Procedure, Brgy.
Conciliation

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a. Cases Covered by Revised Rules of Procedure for Small Claims Cases

Page 167 of 1530

The Revised Rules shall govern the procedure in actions for payment of money
where the value of the claim does not exceed PHP 400,000 in cases filed before
the MeTC, and P300,000 in cases filed before the MCTC, MTCS, and MTCC,
exclusive of interest and costs. [ February 26, 2019 Resolution in A.M. No. 08-8-7-SC]
[OCA Circular No. 45-2019]

Applicability
All actions which are purely civil in nature, where the claim or relief prayed for by
the plaintiff is solely for payment or reimbursement of sum of money.

The claim or demand may be:

1. For money owed under a contract of lease, loan, services, sale, or mortgage,
2. For liquidated damages arising from contracts, or
3. The enforcement of a barangay amicable settlement or an arbitration award
involving a money claim covered by this Rule pursuant to Sec. 417 of the
lGc .
[Sec. 2, A.M. No. 08-8-7-SC, February 1,2016]

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b. Cases Covered by Rules on Summary Procedure

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1. All cases of forcible entry and unlawful detainer (FEUD), irrespective of the
amount of damages or unpaid rentals sought to be recovered,
2. All other cases, except probate proceedings, where the total amount of the
plaintiffs claim does not exceed P100,000 outside Metro Manila or P200,000
in Metro Manila, exclusive of interest and costs
[Sec. 1, Revised Rule on Summary Procedure, as amended by A.M. No. 02-11-09-
SC]

Page 170 of 1530

c. Cases Covered by Barangay Conciliation

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The Lupon of each barangay shall have the authority to bring together the parties
actually residing in the same municipality or city for amicable settlement of all
disputes.

Except:
1. Where one party is the government or any subdivision or instrumentality thereof
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions
3. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding P5,000
4. Offenses where there is no private offended party
5. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other, and
the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon
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
[Sec. 408, Local Government Code]
Page 172 of 1530
8. Any complaint by or against corporations, partnerships, or juridical entities, since
only individuals shall be parties to barangay conciliation proceedings either
as complainants or respondents, [Sec. 1, Rule VI, Katarungang
Pambarangay Rules; also see SC Administrative Circular No. 14-93]
9. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically:
a. A criminal case where the accused is under police custody or detention,
b. A petition for habeas corpus by a person illegally detained or deprived of
his liberty or one acting in his behalf,
c. Actions coupled with provisional remedies, such as preliminary injunction,
attachment, replevin and support pendente lite, or
d. Where the action may be barred by the Statute of Limitations,
10. Labor disputes or controversies arising from employer-employee relationship,
11. Where the dispute arises from the CARL, or
12. Actions to annul judgment upon a compromise which may be directly filed in
court.
[Supreme Court Administrative Circular No. 1493]

Note: Barangay conciliation is a condition precedent for filing a case. However,

failure to comply with a condition precedent is no longer a ground for a motion
to dismiss under the Amended Rules. It is now included in the enumerated
Page 173 of 1530
Affirmative Defenses that may be set out in the answer under Sec. 12(a), Rule 8.
Being a waivable defense, the failure to raise non-compliance with condition
precedent in the answer constitutes a bar from raising such defense later in the
proceedings.

Page 174 of 1530

C. CIVIL PROCEDURE

Page 175 of 1530

1. General Provisions
a. Applicability

Page 176 of 1530

The Rules of Court shall apply in all the courts, except as otherwise provided by the
Supreme Court. [Sec. 2, Rule 1]

Actions or Proceedings Governed by the Rules of Court

1. Civil actions
2. Criminal actions
3. Special Proceedings [Sec. 3, Rule 1]

Actions or Proceedings Not Governed by the Rules of Court (ELCIN)

1. Election cases
2. Land registration cases
3. Cadastral cases
4. Naturalization cases
5. Insolvency proceedings

However, the Rules may still apply to the cases above by analogy or in suppletory
character and whenever practicable and convenient. [Sec. 4, Rule 1]

Page 177 of 1530

b. Commencement of Civil Action

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The filing of the original complaint in court signifies the commencement of the civil
action. [Sec. 5, Rule 1]

Page 179 of 1530

c. Construction

Page 180 of 1530

The Rules shall be liberally construed in order to promote a just, speedy, and
inexpensive disposition of every action and proceeding. [Sec. 6, Rule 1]

A strict and rigid application of the rules of procedure, especially on technical

matters, which tend to frustrate rather than promote substantial justice, must be
avoided. [TiorosioEspinosa v. Hofilena-Europa, G.R. No. 185746 (2016)]

However, compliance with the procedural rules is still the general rule, and
abandonment thereof should only be done in the most exceptional
circumstances. [Pilapil v. Heirs of Briones, 514 SCRA 197 (2007)]

Page 181 of 1530

2. Actions

Page 182 of 1530

An action is a formal demand of one's right in a court of justice in the manner
prescribed by the court or by the law. It is the method of applying legal remedies
according to definite established rules. [Natcher vs Court of Appeals, G.R. No.
133000 (2001)]

The determinative operative act, which converts a claim into an action, is its filing
with a court of justice. [1 Riano 212, 2014 Bantam Ed.]

Page 183 of 1530

a. Meaning of Ordinary Civil Actions

Page 184 of 1530

An ordinary civil action is one which is governed by the rules for ordinary civil
actions. [Sec. 3(a), par. 2, Rule 1]

Rules for Ordinary Civil Actions refer to Rule 2 (Cause of Action) until Rule 61
(Provisional Remedies).

• General Rules on Ordinary Civil Action Rule 2 to Rule 5

• Procedure in Trial Courts - Rule 6 to Rule 39
• Appeals - Rule 40 to Rule 43
• Procedure in the Court of Appeals - Rule 44 to Rule 55
• Procedure in the SC - Rule 56
• Provisional Remedies - Rule 57 to Rule 61

Page 185 of 1530

b. 2. Meaning of Criminal Actions

Page 186 of 1530

One by which the State prosecutes a person for an act or omission punishable by
law [Sec. 3(b), Rule 1]

Proceedings are to be regarded as criminal when the purpose is primarily

punishment, and civil when the purpose is primarily compensatory or remedial.
[People vs Godoy, 243 SCRA 64 (1995)]

Page 187 of 1530

c. Meaning of Special Civil Actions

Page 188 of 1530

A special civil action is one which is subject to the specific rules prescribed for a
special civil action but also governed by the rules for ordinary civil actions. [Sec.
3(a), par. 2, Rule 1]

Rules 62 to 71 provide for special civil actions. However, despite having particular
rules which govern the special civil actions, the rules for ordinary civil action still
apply.

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 d. Distinguish: Civil Actions and Special Proceedings

A c a i a r b w a p s a f t e o p o a r, o t p o r o a w.

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 Civil Action Special Proceeding
A civil action is a A special
remedy by which a proceeding is a
party sues another remedy by which a
for enforcement the party seeks to
or protection of a establish a status, a
right, or the right, or a particular
prevention or redress fact [Sec. 3(c), Rule
of a wrong [Sec. 1]
3(a), par. 1, Rule 1]

The rules of ordinary civil actions have suppletory application in special

proceedings. [ 1 Riano 192, 2016 Bantam Ed.] (also see Sec. 2, Rule 72)

Page 191 of 1530

e. Personal Actions and Real Actions

Page 192 of 1530

 Real Action Personal Action
It is an action It refers to all other
affecting title to or actions which are
possession of real not real actions.
property, or interest [Sec. 2, Rule 4]
therein. [See Sec. 1,
Rule 4]

Why distinction is important

In order to determine the proper venue of the action. [Sec. 1, Rule 4 in relation to
Sec. 2, Rule 4]

For purposes of determining venue, the question of whether or not the venue has
been properly laid depends to a great extent on the kind of action (real or
personal) presented by the complaint. [PICOP v. Samson, G.R. No. L30175 (1975)]

Not every action involving real property is a real action because the realty may
only be incidental to the subject matter of the suit. In the cases of Heirs of Bautista
v. Lindo [G.R. No. 208232 (2014)] involving a complaint to redeem a parcel of land
subject of a free patent and Olivarez Realty vs Castillo [G.R. No. 196251 (2014)
involving an action for rescission of a contract involving real property], the SC held
Page 193 of 1530
that the conveyance of real property was only incidental to the determination of
matters incapable of pecuniary estimation. The cases were deemed personal
actions because the principal action or remedy sought does not involve title to or
possession of real property.

Page 194 of 1530

f. Local and Transitory Actions

Page 195 of 1530

 Local Action Transitory Action
A local action is one A transitory action is
which has to be filed one which may be
in the place where filed in the residence
the property is of the plaintiff or
located. [Sec. 1, Rule defendant, at the
4] option of the
plaintiff. [Sec. 2, Rule
4]
One that could be One that could be
instituted in one prosecuted in any
specific place. one of several
[Manila Railroad v. places.
Attorney-General, [ManilaRailroad v.
G.R. No. L-6287 Attorney-General,
(1911)] G.R. No. L-6287
(1911)]

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g. Actions in rem, in personam, and quasi in rem

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Why distinction is important
• To determine the binding effect of a decision the court may render over a party,
whether impleaded or not [Paderanga v. Buissan, G.R. No. 49475 (1993)]
• To determine whether or not jurisdiction over the person of the defendant is
required, and the type of summons to be employed [1 Riano 206, 2016 Bantam
Ed.]

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Actions in rem, in personam, and quasi in rem

Page 199 of 1530

 Action in Action in Action quasi
rem personam in rem
Definition Action One which Names a
against the seeks to person as
thing or res enforce defendant,
itself, instead personal but its object is
of against rights and to subject that
the person obligations person's
[Hernandez brought interest in a
v. Rural Bank against the property to a
of Lucena, person. corresponding
Inc. G.R. No. [Paderanga lien or
L-29791, v. Buissan, obligation
(1978)] GR. No. [Lucas v.
49475 Lucas, G.R.
(1993)] No. 190710
(2011)]
Jurisdiction Not a Necessary Not a
over the prerequisite for the court prerequisite to
person to confer to validly try confer
jurisdiction and decide jurisdiction on
on the court, the case the court,
provided which can provided that
that the be made the latter has
latter has through jurisdiction
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