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Civil Procedure

Jurisdiction
Filing fees

As conferred by law
Allegations determine jurisdiction

Court of general jurisdiction


Does not affect their handling ordinary cases
Only an addition to what it could do
Exercise of jurisdiction
Only special law – that gives them special jurisdiction
Yes. It can handle the case.
Partakes the nature of ordinary action

Reynoso v. CA
Insufficient payment of filing fees
Shares of stock – no dispute Php1.4M docket fee
No intent to defraud the government
Issue order upon new assessment
If there was intent to defraud – dismissal

Jurisdictional amounts
Metro Manila >400k RTC
Provinces >300k RTC

Title to, possession or interest over real property


Metro Manila >50k assessed value RTC
MeTC
Provinces >20k assessed value RTC
MTC

Jurisdiction under Summary Procedure


MMla not exceeding 200k
Province not exceeding 100k
Violation of traffic laws
Ordinance
BP 22

Jurisdiction over small claims


400k MMla MeTC lease, liquidated damages
300k Province
No participation of lawyers

Multiple cases, the same cause of action, same prayer, same issue,
- Litis pendentia
previous case having been resolved
- res judicata
different prayers
- splitting of cause of action,

joinder of causes of action


1. join actions of same nature
2. multiple parties – observe permissive joinder of parties
action arising from common question of fact and law
arise from the same transaction or series of transaction

3. totality rule – highest cause of action may fall on RTC


threshold amount

indispensable party
- should be impleaded to have final determination of the case
- judgment shall be null and void
- order requiring to implead the indispensable party – you failed – will not proceed – dismiss
the case

necessary party
- to have a complete determination of the case
- failed to implead – judgment perfectly valid
- waiver of claim against the non-impleaded necessary party

petition for relief of judgment


- who should institute
- petitioner – a party to the case
- rule 38

class suit
- numerous impracticable to bring them all in court
- common or general interest
o the pleadings should not be sufficient to indicate that it is a class suit
- adequacy of representation, co-extensive

Not exceeding 300k


Indigent
- not enough for food, shelter

1. filing fees – payment af


2. free transcript

dismiss the case

Venue

File an Answer – 30 days


Motion to Dismiss –

Third-party complaint

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