Civil Procedure

General and Special Jurisdiction of RTC

1. Title to real, possession or interest to real property- >50k in MM, >20 outside metro manila

Intra corporate matters- RTC has general jurisdiction over all claims, it can still handle cases intra
corporate disputes.

2. Jurisdiction is conferred by law, it is the law that gives life, it is the law that breaths jurisdiction.
RA 7691- law that confers jurisdiction. GENERAL JURISDICTION.
Supreme Courts assigns special jurisdiction.

Stephen kuh vs. RCBC- intra corporate matters are within the general jurisdiction of RTC.

Luis gongalez vs. jjH plant- there are times that commercial courts are inhibited voluntary and
involuntary, in that case that would be assign to the nearest judicial station with the guidance of the
office of the court of administration.

Continuing jurisdiction-

Writ of continuing mandamus- judgment of a court as the case of MMDA vs manila bay residence.

While the court already rendered a judgment, the court can see the status, can see the progress
report, the performance of the agencies who are subject to the final and executory judgment and
required to send reports to the court. To see to it that the decision of the court has been satisfied and
performed. This is the subject of the continuing jurisdiction.

Residual jurisdiction

Takes place when a rendered a final judgment and the losing party files a notice an appeal and
the appeals is perfected, the records are elevated to the next level, the court should refrain from acting
on it. The court may act on matters of compromise, execution pending appeal or any order that would
protect the right of the parties.

Original jurisdiction of MTC

Claim does not exceed <400k in MM, <300 in outside MM.

Possession to, title to real a real property- <50 k in MM, <20K outside mm.

Original and Appellate jurisdiction of RTC

Title, interest, possession of real property

Family courts, estate > 400k in mm, >300k in mm, marital claims

Incapable of pecuniary estimation

Appellate- judgments of MTC

Court of appeals

Original jurisdiction- certiorari, prohibition and other special civil actions

RULE 47- Annulment of judgment- original action on CA

Hierarchy of Courts-

If it’s a quasi- judicial agencies it will have to be filed with CA. but there are times, we have to content to
the Hierarchy of courts.

Supreme court- in certain exceptional circumstances directly resort to the SC is possible.

Ordinary appeal-

A record on appeal-

Petition for review-

Sandiganbayan

Salary grade 27

RA 3019

Anti-graft or corrupt practices act

Office is the constituent element of the crime and without it the crime would have not been committed.

Regardless of the salary grade, trustee of the government are within the jurisdiction of the
Sandiganbayan.

>1m damage to the gov’t- it is within the jurisdiction of the Sandiganbayan

<27- regular court, and the Sandiganbayan is the appellate court.

Supreme court-

Rule 56, sec. 1.

Original jurisdiction- constitutionality, executive agreement, ordinance

Rule 45- petition for review on certiorari

Writ of habeas corpus- Labrador vs paredes-

Dispute between 2 government agencies or instrumentalities- jurisdiction is with the sec. of justice.
Adm. Code of 1987.

Munez v people. Matter of jurisdiction. If it is the regular court has rendered the decision on violation of
RA 3019, Sandiganbayan has appellate jurisdiction.
Rule 108- Miller case. Correction of entry in civil registry. Does the RTC have jurisdiction? Since the issue
is about filiation of Joan, from Miller to Espinida, not only a single letter but her family name. It will
change her identity but her successional rights as well. Legitimacy of a child is subject to Article 171 of
the FC and not rule 1908 of the rules of court.

Subject matter of jurisdiction

Jurisdiction over the plaintiff- by filing of the complaint and payment of filing fees. Payment of the filing
fee is insufficient you can complete within the proper reglementary period, or proper prescriptive
period. Jurisdiction has already been vested though insufficient.

If there was bad faith, intent to defraud the gov’t the court may dismiss the case.

Compulsory counterclaim- No payment of filing fees for a compulsory counterclaim. Korean-technology

case.

Permissive counterclaim- Yes.

Lean of judgment award- indigent.

Rule 111 p. 3. Even if it is not provided.

RA7691- Basis of determining jurisdiction is the amount of the claim exclusive of damages.

Action of damages- jurisdiction is based on the amount of the damages claimed. Everything you allege in
the prayer, you have to pay for filing fees.

Incapable of pecuniary estimation. - the amount of claim cannot be ascertained, filing fee is of fixed
amount.

If the nature of the complaint as to its amount cannot be ascertained, the court can investigate the
attachments to ascertain the amount and that could be the basis if the court has jurisdiction.

Annulment of the deed of sale plus recovery of the property- not considered as one with incapable of
pecuniary estimation.

Matter of an indigent- if the income does not exceed double the monthly minimum wage and does not
own real property with a fair market value of 300k.

If his income does not exceed double the monthly min. wage inherited a property more than 300k, so he
will not be considered an indigent that is consistent with rule 3 sec. 21. He can apply as an indigent
subject to the discretion of the court.

If there was bad faith, the court may require him to pay the filing fees. If refused, court may issue writ of
execution and should refuse further, case can be dismissed, dismissal by fault of the plaintiff.

Payment of filing fee is jurisdictional, otherwise, the court the court can’t acquire jurisdiction and render
judgment. Which is a ground for a motion to dismiss.
Jurisdiction over the person of the defendant.

1. Proper service of summons

Rule 14. Sec. 1-

2. Voluntary appearance- no filing of motion to dismiss based on improper ground of jurisdiction of

the accused, proper remedy is to put in the affirmative defense.

It is the allegations of the complaint that determines jurisdiction. – judge could determine whether or
not he can hear, try or decide.

Jurisdiction over the issue- court can decide based on the issues presented

Estoppel on question of jurisdiction- tiham vs bonghanoy-while lack of jurisdiction may be raised at any
stage of the action, but if he is actively taking part of the proceedings which he questions and only
objects to the court’s jurisdictions because the judgment or the order rendered is adverse to him, he is
now estopped from questioning the jurisdiction of the court.

Matter or jurisdiction can be raised at anytime of the proceeding. However, exception is estoppel on
question of jurisdiction.

PRIMARY JURISDICTION- case will be referred to the appropriate gov’t agency. Ex. Sec. of ag. Reform.

Exhaustion of administrative remedies- CLOA- sec. of defense first, then go the court. Ex. Cert. of Land
Ownership award.

Rule 65- judge, office or agency impleaded – is only a nominal party unless the court requires the
nominal party to respond.

Writ of kalikasan- extraordinary remedy separate and distinct from from ecological waste and clean air
act. Applies to that which would prejudice life, health and property.

Citizen suit- RTC

Writ of kalikasan- any division of the CA, SC.

Presumptive death- matias vs republic- art. 41 is not applicable since the purpose is not for remarriage.

Rule 131 in disputable presumption- 7 years-

PDIC- Charter says that claims should be filed in the CA.

Indigenous people- NCIP has jurisdiction between indigenous people. But if the case is between NCIP
and non indigenous, it is the proper courts of justice.

ACTIONS IN REM, QUASI- IN REM, IN PERSONAM- pertains to the effect of judgment as to persons
involved.

Ex. Ejection case- it is an action in personam but also a real action.

Real or personal action- we are talking about venue. RULE 4

Quasi- in rem-
RULES!!! YEHEY

General Provisions.

Civil action- is one by which a party sues another for the enforcement or protection of a right, or a
prevention or redress of a wrong.

2 kinds of actions.

1. Ordinary civil action-

2. Special civil actions- ex. Interpleader, declaratory relief- validity of the law; no breach, Rule 64,
65- no breach, expropriation- no breach, quo- warranto- no breach, it is a usurpation, hold office
is a privilege, partition- no breach, contempt- disobedience or disrespect to the court, ejection-
no breach; RULE 70- , judicial foreclosure-

Ordinary civil action should have a cause of action.

What is cause of action- sec.2 rule 2.

Elements of cause of action

1. That there a right of the plaintiff

2. Duty of the defendant to respect that right
3. Breach or violation by the defendant of the plaintiff’s right
- Breach or violation- most important element

Ordinary civil actions and special civil actions- are governed by the ordinary rules, however, SCA are
subject to special rules.

Ordinary rules 1 to 36

Ex. Expropriation- follow rule 76, it is

READ: DECLARATORY RELIEF’

Criminal action- when the state prosecutes another for an act or omission punishable by law.

Special proceeding- take note of rectification of a simulation birth certificate.

Rules of Court will not apply on the following: CLINE

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

Why? They have their own rules.

Rules of court has only suppletory effect or analogy.

Liberal application of the rules-

The court may lax the rigid application of the laws for compelling reasons. To promote their
objective of securing a just, speedy and inexpensive disposition of every action and proceeding.

What is a cause of action?

Is an act or omission by which a party violates a right of another.

The pleading asserting the claim must state a cause of action.

Ex. no cause of action-w/n the court can pass on a judgment based on the allegations in the complaint.
Ex. suing but not a party to an agreement. Not a ground for a motion to dismiss. RULE 8 SEC. 12 should
be followed. But you can cause its dismissal as an affirmative defense in an answer. Then the case
should be dismissed,

Rule 6 sec. 5 b and rule 8 sec. 12- MEMORIZE

Lack or absence of cause of action- we are talking about evidence, there is lack or absence of cause of
action after the presentation of evidence by the plaintiff or the claimant, lack or absence of action after
the presentation of evidence of plaintiff and if he has already submitted his formal offer of evidence and
if the defendant was able to file his comments, oral comments to the formal offer of evidence then you
could file a demurrer of evidence under rule 33.

Sufficiency of a cause of action- if the court can already render a judgment based on the minimum
material allegations of the complaint.

ONLY 4 INSTANCES WHERE A MOTION TO DISMISS MAY BE A GROUND.- RLPL

1. RES JUDICATA
2. LITIS PENDENTIA
3. Prescription
4. Lack of subject matter

Turner vs. turner- no cause of action can not be amended by leave of court.

Splitting cause of action- is not an affirmative, but the ground to for a motion to dismiss is based on res
judicata or litis pendentia. Under rule 15 sec. 12, rule 6 sec. 5b.

Requisites:
 1. Similar parties, issues, relief- litis pendentia
2. Judgment in one case- res judicata

Requirements of litis pendentia-

1. Similarity of parties or at least to represent same interest.

2. Regardless of which part you are in, but once there is judgment, there is res judicata.

Different kinds of res judicata

Chua vs. viray-

Forum shopping- committed in 3 ways

1. Filing multiple cases based on the same cause of action, same prayer, previous having one not
having been resolved. (litis pendentia)
2. Multiple cases based on the same cause of action, same praters, previous case having been
resolved (res judicata)
3. Based on same cause of action, arising from deed of sale, but with different prayers, that is
known as splitting cause of action either litis pendentia or res judicata.

One suit for a single cause of action

Joinder of causes of action- is not mandatory.

Permissive joinder of parties- rule 3 sec. 6

1. Arising out of the same transaction

2. Series of transactions is alleged to exist

Class suit- there should be common or general interest and they are so numerous that they are
impracticable to bring them in court. Sec. 12 rule 3.

Dismissal or compromise should be with the approval of the court.

Misjoinder of cause of action- not a ground of dismissal of the case,

Real party in interest- is someone who will be affected by a judgment in the case, whether benefit him,
or adverse to him. Plaintiff or defendant- counter-claimant, 3 rd party complaint

Locus standi- art. 8 sec. 1 of the constitution- actions against government

People vs. vera- direct injury to the act of the government

Araneta vs dinglasan. – transcendental importance to the public

Far reaching implications- aquino v. Comelec-

What if he or she is not a real property in interest? – not a ground for dismiss, but an affirmative defense
in an answer and thereby causing its dismissal.
Parties-

1. Person- legal capacity (of legal age)

- Minor? Can be held liable with the assistance of the parents/ guardian/ or guardian ad litem
- Can a minor sue? Yes, with the assistance of his parents, guardian, or guardian ad litem.
- Incapacitated person? Can he sue? Yes, with the assistance of the parents, or guardians.
- Married? Sued jointly, exceptions:
- 1. If it involves the practice of their respective profession
- 2. Involves exclusive property of one spouse, paraphernal property.
- 3. Judicial separation of property, ante-nuptial agreement
- 4. Acts of negligence of one spouse
- 5. Criminal case for a crime committed against one spouse
- RULE 14 If you are suing spouses, service of summons should be made upon them individually.

Person- Service of summons shall be made to him personally, in the address indicated therein.

Minor and incapacitated- service of service shall be made to the parents, guardians or guardian ad
litem.

Prison- the service of summon shall be made to the warden.

2. Death- if plaintiff dies in an action for claim of money. sec. 16 Rule 3. – substitution by reason of
death is not jurisdictional, only to satisfy the requirement of due process.
- Sec. 20 Rule 3, defendant dies in an action claim of money, whether express or implied- ‘

Duty of the lawyer

1. Notice of death within the period of 30 days from the fact of death
2. Name the legal representative

RULE 87- acts of negligence of deceased during his lifetime can still be enforced.

3. The court will come up with a notice requiring the substitute to appear and issue an order of
substitution.

1-3- the case now can now proceed

If the one named doesn’t appear or no one is named, the court may allow the other party to name
the substitution only limited to executor or administrator.

Brioso- multiple parties on one side, 1 died and 2 others proceed, the decision is valid only as to the
2 others who participated but not with respect with the person died who were not substituted. If no
participation from everyone, the decision shall be null and void.

Sec. 20- Def. dies- nature of action is collection of sum of money.

No substitution. Not be dismissed, but will continue against the estate of the deceased.

Reyes Vs. The Estate of Rodriguez.

Substitution
 1. By reason of death- sec. 16
2. Public officer- resigned, died or ceased to hold office. Sec. 17 Rule 3.
3. Transfer of interest- sec. 19
Ex. A sued B while action was pending, sold his interest to C. a can still continue the case against
B, the court may direct C to be substituted.

Juridical persons- legal capacity

Domestic entity- summons; sec. 12 r 14- President, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel of the corporation, wherever they may be found.

Foreign entity- sec 14, r 14

Entities authorized by law- ex. Labor organization. Sports org., estate, if they have charter follow the
SEC, if none follow the ROC.

Non juridical entities- sue? No, be sued? Yes. But individually, they can sue if they are injured. S17 r 14

NJE- Do not have legal capacity.

Necessary party- impleaded in order to have a complete determination of the case. Ex. A and B, who
barrowed 500k, to recover the amount, I have to implead B for have complete determination of the
case. However, Failure to implead the necessary party will not affect the validity of judgment.

However, in S9, if the coirt requires that a necessary party be impleaded and no reason for his absence
is provided, and is not impleaded, there would be waiver of his claim.

Indispensable party- Must be impleaded in order to have a final determination of the case. Not a ground
to dismiss immediately, there must be an order to implead first before the case is dismiss for absence of
indispensable party. The judgment is null and void,

- Failure to implead an indispensable party, will be a ground for annulment of judgment, or lack of
jurisdiction over the person of the indispensable party. Under rule 47
- Failure to implead will lead to the dismissal of the case.

Class suit in relation to citizen suit- oposa vs. factoran- those who are minors as represented by their
parents and those who are still unborn, their common interest is intergenerational interest, laid the
basis of the concept of citizien suit in relation to environmental cases.

Banda v hermita- class suit, not only common interest or so numerous, but inadequate representation.

Diversity of interest- there can be no class suit. Ex. Life span, recovery of damages each would suffer.
The law states that a class suit must be for common interest.

Non juridical entity- in the process of incorporation can’t sue.

Venue-

Case: sales invoice cannot be a basis of a venue stipulation even there are words of exclusivity.

Venue in real action: place where the property is located.

Ejectment: place where the property is located, MTC.

Personal action: is where the plaintiff or any principal plaintiff or defendant or any principal defendants
reside at the option of the plaintiff.

Though there is venue stipulation but No “Exclusivity” or waiving all other venue”- the venue stipulation
is in addition of what the law provides.

Lease agreement- ex. the property is in cebu, but the agreement says that any problem arising from the
lease contract must be filed in Makati city. Ejection cases should be in the place where the property is
located, but venue in civil cases is subject to agreement thus in this case the case should be filed in
Makati city and as a general rule jurisdiction is waivable.

S3r4. Venue against non-residents

Extraterritorial service of summons-

S17. R14

Residence- physical presence.

Venue specifically designated by law

Ex. Deposition- deposition re in memoria, r24, place where the adverse party resides, hebeas data- place
where the plaintiff resides, or where the respondent resides or where the data is located.