1.
) Distinguish Jurisdiction from Venue
Jurisdiction refers to the power to hear,
try and decide cases while venue simply refers
to the place where the case is to be heard or
tried;
Jurisdiction is a matter of substantive
law while venue is a matter of procedural law;
Jurisdiction establishes the relationship
between the court and the subject matter while
venue establishes relationship between parties;
and
Jurisdiction is fixed by law and cannot
be the subject of agreement while venue may be
conferred by the act or agreement of the parties.
2.) Damages – depending on the amount of
claim (not exceeding 300k, MTC;
exceeding 300k RTC).
3.) Specific Performance – filed in the RTC at
the election of the plaintiff (incapable of
pecuniary estimation).
4.) Tijam vs. Sibonghanoy (The SC said, as a
general rule, if the court has no jurisdiction
over the subject matter of the claim, the
proceeding from the start to the end is
considered void ab initio so that any of the
parties can question jurisdiction of the
court at any stage of the proceeding.)
5.) Cause of action – is the act or omission by
which a party violates a right of another.
6.) Main Cause of action will determine the
jurisdiction of the court:
- incapable of pecuniary estimation =
RTC
- REAL ACTIONS (actions affecting
title to, possession of a real property, or
interest therein) based on ASSESSED
VALUE:
 not exceeding 20,000 = MTC
 exceeding 20,000 = RTC
 not exceeding 50,000 = MeTC
 exceeding 50,000 = RTC
- Ejectment Cases (Forcible entry and
unlawful detainer) = MTC
Rule 8 Sec. 7 & 8 Rules on Actionable
Documents
Actionable Documents – written instruments by
which a plaintiff establishes a cause of action
against another party, for instance, promissory
note, deed of sale, etc.
Sec. 7 Whenever an action or defense is based
upon a written instrument or document, the
substance of such instrument or document shall
be set forth in the pleading, and the original
copy thereof shall be attached to the pleading as
an exhibit, which shall be deemed to be part of
the pleading, or said copy may with like effect
be set forth in the pleading.
Sec. 8 When an action or defense is founded
upon a written instrument, copied in or attached
to the corresponding pleading as provided by the
preceding section, the genuineness and due
execution of the instrument shall be deemed
admitted unless the adverse party, under oath
specifically denies them and, and set forth what
he claims to be the facts, but the requirement of
an oath does not apply when the adverse party
does not appear to be a party to the instrument or
when compliance with an order for an inspection
of the original instrument is refused.