CIVIL PROCEDURES KEY POINTS:

1. Article 8 section 1 of the 1987 Constitution grants the power of the Supreme court which provides
that “the judicial power shall be vested in one supreme court and to such lower courts as may be
established by law. Judicial power includes the duty of the court of justice to settle actual
controversies involving rights which are legally demandable and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government.”
2. Article 8 sec 5 of the 1987 Constitution provides that the Supreme Court has the power to 1. Exercise
exclusive original jurisdiction over cases affecting ambassadors, public ministers and consuls and over
petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus; 2. Review, revise,
reverse, affirm, or modify by way of appeal or certiorari, as the law or rules of court may provide,
judgments or orders of lower courts; a. cases involving the constitutionality or validity of any treaty,
international or executive agreement, laws, presidential decree, proclamation, rules, instructions,
ordinance, orders or regulation, is in question, b. cases involving the legality of taxes, c. cases where
the jurisdiction of lower courts is in issue, d. criminal cases where the penalty imposed is reclusion
perpetua or higher, e. cases where only an error or question of law is involved; 3. Assign temporarily
judges of lower courts to other stations as public interest may provide; 4. Order change of venue or
place of trial to prevent the miscarriage of justice; 5. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleadings, practice and procedures in all courts, admission to
the practice of law, the integrated bar, and the legal assistance to the underprivilege. Such rules shall
provide simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform to
all courts of the same grades, and shall not diminish, increase, or modify substantive rights. The rules
of procedure of the special courts and other quasi- judicial bodies shall remain effective unless
disapproved by the Supreme Court. 6. Appoint all judicial members of the judiciary.
3. The principle of judicial hierarchy or doctrine of judicial hierarchy serves as a constitutional filtering
mechanism in order to allow the Supreme court to focus more on its important tasks and to prevent
overcrowding of its dockets. The Supreme Court is the court of last resort and must remain to be so
in order to be satisfactorily perform its constitutional functions. Failure to do so would be sufficient
for the dismissal of the case. The Supreme Court must not be burdened with the obligations to deal
with suits which are also fall under the original jurisdiction of the lower-ranked courts.
4. The doctrine of judicial stability or non-interference of judgment in co-equal courts is an elementary
principle of administration of justice. No court can interfere by injunction the judgment or orders of
the court of concurrent jurisdiction which has the power to grant the relief sought for injunction. The
judgment rendered be the court which has no jurisdiction of the case shall be null and void and can
be attacked anytime. It creates no right and produces no effect. The court who has jurisdiction over
the case and renders judgment therein acquires jurisdiction, to the exclusion of other coordinate
courts.
5. Doctrine of primary jurisdiction is one by which the court should not resolve controversies involving
questions which is within the jurisdiction of an administrative tribunal, especially if the question
demands the exercise of sound administrative discretion which requires the special knowledge,
experiences, or services of the administrative tribunal to determine the technical and intricate
matters of facts.
6. The Doctrine of adherence jurisdiction is one by which, once the court acquires jurisdiction, it shall
continue until it has done all that it can do in the exercise of its jurisdiction. Once jurisdiction is
acquired, the court retains that jurisdiction until it finally disposes of the case.
7. Effect of estoppel on objection of jurisdiction or doctrine of estoppel by laches is one by which the
active participation of the party tantamount to a recognition of the court’s jurisdiction and will bar a
party from impugning the court’s jurisdiction. It is based on the ground of public policy and
principally a question of inequality or unfairness in permitting the claims or rights to be enforced or
asserted.
8. Totality rule is when there is two or more claims or causes of actions between the same or one
complaint, the amount demanded shall be the totality of the claims in all causes of actions. This is
 applicable only to actions for damages, but when the damages is only incidental or as a consequence
of the actions, this rules shall not apply.
9. Barangay Justice System is established primarily as a means of easing up congestions of cases in
judicial courts, in order for it to be sufficient, it should be made to be compulsory. Moreover, the
Local Government Code expressly mandates a Barangay Conciliation proceedings is precondition for
filing a claims for disputes between parties actually residing in the same city or municipality. Failure
to comply with this shall affect the sufficiency of the plaintiff’s cause of action.
10. The procedural rules do not exist for the convenience of the litigant. The rules were established
primarily to provide order to and enhance the efficient administration of justice. While the
procedural rules are liberally construed, the provisions on the reglementary period are strictly
applied, indispensable as they are to the prevention of needless delays and are necessary for the
orderly and speedy discharge of judicial business. There must be an effort on the part of the party
invoking the liberality to advance the reasonable and meritorious explanations of his or her failure to
comply with the rules.
11. Civil actions are one by which a party sues another for the protection or enforcement of a right or to
prevent or redress of a wrong. Governed by rules 1-71, adversarial parties, plaintiff and defendant,
cause of action. Criminal actions are one which the State prosecutes a person for an act or omission
punishable by law. Governed by rules 110-129. Adversarial and prosecutorial, the State and the
accused, act or omission. Special action is a remedy by which a party seeks to establish a status, right
or a particular fact. Governed by the rule 72-109. Not adversarial or prosecutorial. Petitioner, action
to establish a right, status or particular facts.
12. Rules of court not applicable to cadastral proceedings, election cases, land registration proceedings,
insolvency proceedings, and naturalization. It also not includes the labor cases, in, small claims cases
and summary proceedings.
13. Cause of action is an act or omission which a party violates a right of another. These elements
includes the 1. Plaintiff’s legal right, 2. Denfendant’s correlative obligation, and 3. Defendant’s act or
omission which violates the plaintiff’s legal right.
14. Failure to state a cause of action is the insufficiency of the allegations in his complaint. It must be
raised at the earliest stage of the proceedings. It is a ground for dismissal. To established this, the
court should determine whether or not to determine hypothetically, the truth of the facts of the
allegations would the court grant relief sought on the complaint. There must be plaintiff’s legal right
that has violated by the defendant. The lack of cause of action is the insufficiency of the facts in the
pleadings which is usually be raised at any stage of the proceedings. This is established after the
preliminary hearings conducted where the parties submit pieces of evidence to prove their claims.
15. The joinder of causes of action is allowed provided that 1. The party in a joinder of causes of action
shall comply with the rules on joinder of parties, 2. The joinder shall not include special civil actions
or actions governed by special rules, 3. Where the causes of action is between the same parties but
of different venue or jurisdiction, the joinder shall be allowed in RTC provided that the RTC has
jurisdiction in one of the causes of action, 4. Where the causes of action is for recovery of money, the
aggregate amount of all cause s of action shall be the test of jurisdiction.
16. Misjoinder of causes of action is not a ground for dismissal. The misjoined actions may, upon motion
of the party or on initiative of the court, be severed or proceeded with separately.
17. Class suit is when the subject matter of the controversy is of a common or general interest of many
person so numerous and it is impracticable to join all as parties, a number of them which the court
finds in so numerous, the representative of all concerning interested parties shall sue or defend for
the benefit of all. Any party may intervene to protect his individual interest.
18. Venue of real property- actions involving title to, or possession of real property of interest therein,
shall be tried and commenced in the proper court which has a jurisdiction over the area where the
real property involved or any part thereof is situated. The unlawful detainer case and forcible entry
shall be tried and commenced in MTC of the city of municipality where the real property involved or
any portion thereof is situated.
19. Venue of personal property- all other actions shall be tried and commenced where the plaintiif or
any principal plaintiff resides, or where the defendant or any of the principal defendants reside, or in
case of non-resident, where he may be found at the election of the plaintiff
20. If the defendant is a non-resident or is not found in the Philippines, and the actions affect the
personal status of the plaintiff, or any property of the defendant is involved, the actions will be tried
 or commenced at the proper court where the plaintiff resides, or where the real property, or any
portion thereof is situated or found.
21. The supreme court has an exclusive original jurisdiction over petitions for certiorari, petitions or
mandamus against Court of Appeals and Sandiganbayan in criminal cases and over petitions for
certiorari, petitions or mandamus against CA, RTC, SB, COA, CSC, AND COMELEC. It has a concurrent
jurisdiction with the CA over petitions for certiorari, petitions or mandamus against RTC in criminal
cases and over petitions for certiorari, petitions or mandamus against RTC, CSC, CBAA, NLRC and
other quasi-judicial bodies and petitions for writ of kalikasan. It has a concurrent jurisdiction with the
CA and RTC over petitions for certiorari, petitions or mandamus against lower courts, tribunal or
bodies and petitions on quo warranto and habeas corpus. It has concurrent jurisdiction with the CA,
RTC and Sandiganbayan over petitions for writ of amparo, and habeas data. It has concurrent
jurisdiction with the RTC over cases affecting ambassadors, public ministers and consuls. It has an
appellate jurisdiction petitions for review on certiorari against RTC, CA, SB on pure question of law
and on CTA en banc; to cases where the constitutionality or validity………; the cases where the juris of
lower courts is in issue; criminal cases where the penalty imposed is reclusion perpetua or higher;
cases where only an error or question of law is involved.
22. The court of appeals has exclusive original jurisdiction over the actions for the annulment of
judgment of the RTC and the crime of terrorism. It has concurrent jurisdiction with the Supreme
Court over petitions for certiorari, petitions or mandamus against RTC in criminal cases and over
petitions for certiorari, petitions or mandamus against CSC, CBAA, RTC, SB, NLRC or other quasi-
judicial bodies and a petition for writ of kalikasan. It has concurrent jurisdiction with the SC and the
RTC over petitions for certiorari, petitions or mandamus against lower courts, tribunal or bodies and
petitions for habeas corpus and quo warranto. It has concurrent jurisdiction with the CA, RTC and
Sandiganbayan over petitions for for writ of amparo and habeas data. It has an appellate jurisdiction
from RTC in the exercise of its original jurisdiction. From the RTC where the penalty imposed is
reclusion perpetua or life imprisonment. Automatic review from the RTC where the death penalty is
imposed. And petition for review from the RTC appealed from the decision of the lower courts. And
over decisions of the MTC in cadastral and land proceedings in the exercise of its delegated
jurisdiction.
23. The Regional Trial Court has an exclusive jurisdiction over criminal cases where the penalty of
imprisonment exceeds 6 years, and the offenses not within the jurisdiction of any court, tribunal or
bodies. In civil cases, all actions which are incapable of pecuniary estimations; actions involving title
to, or possession of real property or any interest therein where the assessed value exceeds 20k
ouside MM and exceeds 50k inside MM; the amount which exceeds 300k outside MM and exceeds
400k inside MM for cases involving Admiralty and maritime cases, matters of probate proceedings
and all action involving property; cases not within the jurisdiction of any courts, tribunal or bodies;
and intracorporate controversy. It has appellate jurisdiction over cases of the MTC on its territorial
jurisdiction or in lower courts’ decision or orders. It has a concurrent jurisdiction with the SC and CA
over petitions for certiorari, petitions or mandamus against lower courts and other quasi-judicial
bodies and a petition for quo warranto and habeas corpus. It has concurrent jurisdiction with the SC,
CA, and Sandiganbayan over petitions for quo warranto and habeas data. It has concurrent
jurisdiction with the SC over cases affecting ambassadors, public ministers and consuls.
24. Municipal Circuit Court, Municipal Trial Court and Metropolitan Trial court has an exclusive
jurisdiction over cases involving cases covered by the summary proceedings such as offenses in
violation of municipal or city ordinances, traffic law, rental law and crimes punishable by
imprisonment not exceeding 6 months and a fine of less than 10k. Criminal offenses punishable by
imprisonment of not exceeding 6 years. Civil cases where the amount involve does not exceed 300k
outside MM and does not exceed 400K inside MM in actions involving admiralty and maritime cases,
personal property, probate proceedings, and for damages. Actions involving title to or possession of
real property or any interest therein where the assessed value does not exceed to 20k outside MM
and does not exceed to 50k inside MM; inclusion and exclusion of voters and; cases covered by the
rules on summary procedure such as the unlawful detainer case and forcible entry.
25. Small claims include the rules on summary procedure and Barangay Conciliation. It includes the civil
in nature, the civil aspect of the criminal actions, and other money claims where it does not exceed
to 100k money claims in which MTC has jurisdiction and includes the enforcement of Barangay
amicable settlement.
26. The summary proceedings includes the violation of city or municipality ordinances, traffic law, rental
law and criminal actions where the penalty does not exceed to 6 months or a fine of not more than
10k. it includes civil actions where the amount involved for money claims does not exceed to 100k
outside MM and 200k inside MM. And forcible and unlawful detainer case.

27. The Barangay Conciliation, pursuant to Local Government Code, shall be done before filing a
complaint in court. It is a Barangay Amicable Settlement for the parties in a disputes who actually
resides in the same city or municipality. The Lupon of the Brgy. Has the authority to bring such
parties for amicable settlement in all cases except to the cases mentioned in the Local Government
Code.

28. When the action is recovery of money arising from contracts, and the defendant dies before the
entry of the final judgment to a court in which the action is still pending at the time of such death, is
shall not dismiss but shall be allowed to continue until the entry of its final judgement. A favorable
judgment obtained by the plaintiff shall be enforced in accordance to Rule 86 of Rules of Procedure.

29. Incapable of pecuniary estimations include the consolidation of ownership, declaratory relief,
expropriation, injunction, recission of contracts, reformation of instruments, revival of judgments,
specific performance, and support.