Remedial Law – BRONDIAL

Do this kind of jurisdiction applies on Civil Cases?

What is the jurisdiction on Civil cases over the territory?

Memorize the title of the Rules… Rules 1 to 56 the title of each rule

Oliveros

General rule on venue is Sec 4.

VENUE FOR CIVIL CASE

Venue for unlawful detainer

There are exceptions.

When you file an action or petition opf adoption, where are you suppose to file it?

Guardianship --- venue: the court where the adopter resides

Where the respondent resides.

Rule 66. Quo warranto

- Where should be the venue? Where the __resides. Exception if filed in CA or SC.
General Rule on Venue – not found in sections 1 and 2 but on sec 4
Where the rule provides or where the law so provides – that is the venue of an action. In
absence on the provision of the rule or law,where the parties agreed upon. In the absence of
agreement, can you now go to Sec 1 and 2 of Rule 4?

TSections 1 and 2 – Rule on Venue.. distinguished real action and personal action..

The real action –are those

 Don’t confuse in rem and in personam..
The distinction lies in the binding effect.

Reaal action.
In civil cases – territoriality is a matter of venue.
In criminal cases – venue is jurisdictional.
-you cannot file the crime anywhere else but only where the crime was committed.

Why is in the case of Sanchez

Jurisdiction over the subject matter is conferred by law.

The most fundamental principle. Jurisdiction _____is null and void.

Jurisdictional estoppel.

Venue is jurisdictional in criminal cases.

The exception of that is in the case of the jurisdiction of the Supreme Court. Jurisdiction of the
SC is in the constitution Sec 5 art 8 of the constitution.

Sec 5 of Art 8.

What is the subject matter cognizable by the SC under its exclusive original jurisdiction.

-on matters wherein the

The SC is not a trier of facts.

Q: Give the kinds of action of cognizable SC in the exercise of its original jurisdiction?

A:Cases involving Ambassadors…

Appellate jurisdiction par.B.

How do you exercise the power of judicial review? By appeal or certiorari.

The power of judidcial review is an appellate jurisdiction exercise. But appeal and certiorari are
mutually exclusively./ Substitutte one for the other. APPEAL -45 , CERTIORARI -65

Where do you find that? In the Constitution.

Apellate jurisdiction is part of the power of judicial review.

BAR Q: What is the power of judicial review?

ANS. CAN BE EXERCISED BY__ REVIEW, REVISED AFFIRM.

Sanchez case…

--- it is only the SC that can change the venue, it is in the constitution.

Sect 5.

R.A. 115 76 on jurisdiction. Amending the reorganization act.

Par.a. original jurisdiction. What is the subject matter which are exclusively cognizable by the SC?

QBAR: What is the Subject matter of SC to take cognizance original jurisdiction?

ANSWER: Prohibition, mandamus against only 6 tribunals…CA, CTA en banc, sandiganbayan, COA, ,
APELLATE SHARIA COURTS, petitions for review on resolutions of COA and Comelec

Jurisdiction is confer

QBAR: SEC5 . Said to be the traditional concept of jurisdiction of the SC. The non traditional jurisd. Of SC
is not found in Sec 5 but on Sec 1 of article 8 in the constitution.

A: Extended jurisdiction and In the syllabus.

Villanueva vs. JVC,- expanded jurisdiction concurring opinion of justice Brion

Silagman vs. Pimentel

Jurisdiction over subject matter is conferred by law except those that are conferred by the constitution.

What laws confer jurisdiction over the court.

1. Judiciary Reorganization Act of 1980;
2. B.P. Blg. 129;
3. R.A. No. 7691;
4. R.A. No. 8369 (Family Courts Act);
5. SC-AO No. 113-95 (Intellectual Property Courts);
6. R.A. No. 9282 (CTA);
7. R.A. No. 7975; 8249; 10660 (Sandiganbayan)
8. R.A. No. 9054 (Sharia’h Courts)

Jurisdiction over the issues is determined by the allegations in the pleading.

Unlawful detainer.

3rd. Jurisdiction over the res.

What is the res? – object or subject matter

If the court cannot acquire the

How does the court acquire jurisdiction over the res?

A: By converting the action from in personam to quasi in rem… The only way
is applying for a provisional remedy. The rule is every court must acquire
jurisdiction.

Collection suit A files case against B…Hindi pwede matuloy ang kaso if the
court has not acquired jurisdiction of the defendant. If B fleed, convert it to
quasi in rem, writ of preliminary attachment. The case can still continue
provided the court still acquires jurisdiction over the res. But if the court in
action strictly in personam, was not able to acquire, __ the__plaintifff is
successful the judgment can.. the court cannot go beyond the res. Halimbawa
ang utang 1milion, wlang jurisdiction over the defendant, pero sa property…
when he sells the property is sold… you can haave the jurisdiction over the
defendant pero hanggang doon ka na lang.. Persons of the party.

Who are the parties in Civil case?

Plaintiff, defendant, co defendant, __,, on our discussion ABCDE…

A –plaintif

D – Defendant

C-CODEFENDANT

D- 3rd or 4th party

How does the court acquire jurisdiction Over these persons?

Plaintiff – filing of the complaint and time ___payment of the correct docket
fees.

Defendant – valid service of summons or voluntary appearance

Co defendant 0- valid service of summons or voluntary appearance

Rule 19 – approval of motion to intervene

10 fundamental principles.IMPORTANT…