JD 11602 CIVIL PROCEDURE | Prepared by Chrisitan Dosdos | taken from Riano and outside sources
Traditionally referred to as the power and authority of
REMEDIAL LAW vs. SUBSTANTIVE LAW
Remedial law – rules which provide the system for the
protection of rights, prevention from violation of rights,
and the means to redress such violations.
“Means and methods whereby causes of may be
effectuated, wrongs redressed and reliefs
obtained” (Black’s Law Dictionary)
Rules of Court (as amended by A.N. No. 10-20-SC) –
promulgated by the Supreme Court, it is the main source
of remedial law.
Substantive Law – creates, defines, and regulates rights
and duties concerning life, liberty, and property.
DISTINCTION: Remedial Law does not create rights
or obligations but lays down the methods by which the
rights arising from Substantive Law are protected,
enforced, and given effect.
RULE MAKING POWER
OF THE SUPREME COURT
Section 5[5], Article VIII of the 1987 Constitution
expressly confers upon the powers of the Supreme
Court, to wit:
“x x x Promulgate rules concerning the protection
and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to
the practice of law, the integrated bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.”
Thus, the Supreme Court (SC) is granted the
constitutional power to promulgate rules concerning
pleading, practice, and procedure.
SC has the sole prerogative to amend, repeal, or even
establish new rules for a more simplified and
inexpensive process, and the speedy disposition of cases
(Neypes v. CA)
PRINCIPLE OF JUDICIAL HERIARCHY
A case must be filed first before the lowest court
possible having the appropriate jurisdiction, except if
one can advance a special reason which would allow a
party a direct resort to a higher court.
This does not grant the party seeking relief to file a
petition to a court of their choice because courts have a
concurrent jurisdiction over a subject matter.
JURISDICTION
the court to hear, try and decide [or determine] a case.
Expanded: includes the authority of the court to
execute its decisions.
Nota Bene:
It is the Court, not the judge, which by law, is vested
with jurisdiction [Judge merely presides over the Court].
Hence, the death, resignation, or cessation from a judge’s
service does not affect the efficacy of the court’s
proceedings.
Jurisdiction is the authority of the court to decide a case,
and not the decision rendered therein.
CLASSIFICATION OF JURISDICTION
Original v. Appellate
Original is the power of the Court to take judicial
cognizance of a case instituted for judicial action for
the first time under conditions provided by law.
Appellate jurisdiction is the authority of a Court
higher in rank to re-examine the final order or
judgement of a lower Court which tried the case now
elevated for judicial review
General v. Special
General jurisdiction means jurisdiction to take
cognizance of a case at its inception, try it and pass
judgement upon law and facts while special
jurisdiction is that restricted only to particular ones.
Exclusive v. Concurrent
Exclusive Jurisdiction is that possessed by a court to
the exclusion of others, while concurrent jurisdiction
is the power of different courts to take cognizance of
the same subject matter.
DOCTRINE OF HERIARCHY OF COURTS
AND ADHERENCE OF JURISDICTION
Once jurisdiction has attached, it cannot be ousted by
subsequent happenings or events, although a character
which would have prevented jurisdiction from attaching
in the first instance
IN SIMPLER TERMS: The court, once jurisdiction has
been acquired retains that jurisdiction until it finally
disposes of the case.
JURISDICTION OF VARIOUS
PHILIPPINE COURTS AND TRIBUNALS
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SUPREME COURT
The CA has concurrent and original jurisdiction
The SC is not the trier of facts, under Rule 45 of the with the SC to issue writs of certiorari,
Rules of Court, only questions of law are generally prohibition, and mandamus against the RTC,
reviewed by the Court. CSC, other quasi-judicial agencies mentioned in
Rule 43, and NLRC.
Questions of Law occurs when:
With the SC and RTC, it has the jurisdiction to
 the doubt or controversy concerns the issue writs of certiorari, prohibition, and
application of law or jurisprudence to a certain mandamus against lower courts and bodies and

Original Concurrent Jurisdiction

also writs of quo warranto and habeas corpus.
set of facts;
 the issue does not call for an examination of the CA has exclusive jurisdiction by way of original
probative value of the evidence presented. appeal from the judgements of the RTC and
Exclusive Jurisdiction Concurrent Jurisdiction Family Courts

CA has exclusive jurisdiction by way of petition

a) Court of Appeals a) Regional Trial Court for review from the judgement of RTC rendered
b) Commission on b) Civil Service in exercise of its appellate jurisdiction
Elections Commission
c) Commission on Edit c) Central Board of
CA has exclusive jurisdiction by way of petition
d) Sandiganbayan Appeals
for review from decisions, resolutions, orders, or
e) Court of Tax Appeals d) National Labor
awards of the CSC, and other bodies mentioned
Relations Commission
in Rule 43
e) Other quasi-judicial
agencies
Decisions of the Ombudsman in administrative
disciplinary cases
Cases which must be heard En Banc: Appellate jurisdiction over decisions of MTCs in
a) Constitutionality of a treaty, international or cadastral or land registration cases
executive agreement
b) Cases required by the Rules of Court to be heard
en banc COURT OF TAX APPEALS
c) Constitutionality, application, or operation of
presidential decrees, proclamation, orders, By virtue of Section 7, R.A. 9182, the Court of Tax
instructions, ordinances, and other regulations Appeals shall exercise:
d) Cases heard by a division when the required
number in the division is not obtained Exclusive Jurisdiction or Jurisdiction over tax
e) Modification of a doctrine or principle of law review by appeal collection cases
laid down by the previous Supreme Court
rendered En banc or a division a) Decisions of the a) Exclusive original
f) Discipline of judges or lower courts Commissioner of jurisdiction in tax
g) Contests relating to the election, return, and Internal Revenue collection cases
qualifications of the President or Vice President b) Inaction by the involving final and
Commissioner of executory assessments
COURT OF APPEALS Internal Revenue (in for taxes, fees, charges,
which the inaction and penalties
The CA may sit En Banc only for the purpose of shall be deemed a b) Exclusive appellate
exercising administrative, ceremonial, or other non- denial) jurisdiction in tax
adjudicatory functions; c) Decisions or orders or collection cases:
resolutions by the  Over appeals
RTCs in local tax cases from the
d) Decisions of the judgements,
Commissioner of resolutions, or
Jurisdiction
Exclusive

Customs involving
Original

For the annulment of the judgements of the orders of the

Regional Trial Courts (Sec. 9[2], B.P. 129, as liability of custom RTCs in tax
amended) duties (other matters collection cases
arising under Custom  Over petitions
Laws) for review of
e) Decisions of the the judgements,
Central Board of resolutions or
Assessment Appeals orders of the
f) Decisions of the RTCs in the
Secretary of Finance exercise of their
on custom cases appellate
elevated to him jurisdiction over
g) Decisions of the tax collection
Secretary of Trade cases
Industry
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SANDIGANBAYAN Violations of Republic Act No. 3019, as amended,

otherwise known as the Anti-Graft and Corrupt
Practices Act, Republic Act No. 1379, and Chapter II,
Section 2, Title VII, Book II of the Revised Penal
Code, where one or more of the accused are officials
Final judgments, resolutions or orders of
Appellate

occupying the following positions in the government,

regional trial courts whether in the exercise
of their own original jurisdiction or of their
appellate jurisdiction as herein provided.
Concurrent with the
whether in a permanent, or interim capacity, at the
time of the commission of the offense:
1) Officials of the executive branch occupying
the positions of regional director and higher,
otherwise classified as Grade ’27’ and
higher, of the Compensation and Position

Classification Act of 1989 (Republic Act

Petitions for mandamus, prohibition, No. 6758), specifically including:
certiorari, injunctions and ancillary writs in  Provincial governors, vice-
governors, members of the
SC

aid of its appellate jurisdiction including Sangguniang panlalawigan, and

quo warranto arising or that may arise in provincial treasurers, assessors,
cases filed under EOs. 1, 2, 14 and 14-A. engineers, and other provincial
department heads:
 b) City mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
Concurren

SCM CA,
t with the

assessors, engineers, and other

Petitions for the issuance of writ of amparo city department heads;

Original Exclusive Jurisdiction

and writ of habeas data  Officials of the diplomatic service
occupying the position of consul
and higher;
 Philippine army and air force
colonels, naval captains, and all
officers of
 higher rank;
 Officers of the Philippine
National Police while occupying
the position of provincial director
and those holding the rank of
senior superintendent and higher;
 City and provincial prosecutors
and their assistants, and officials
and prosecutors in the Office of
the Ombudsman and special
prosecutor;
 Presidents, directors or trustees,
or managers of government-
owned or controlled corporations,
state universities or educational
institutions or foundations.
2) Members of Congress and officials thereof
classified as Grade ’27’ and higher under
the Compensation and Position
Classification Act of 1989;
3) Members of the judiciary without prejudice
to the provisions of the Constitution;
4) Chairmen and members of the
Constitutional Commissions, without
prejudice to the provisions of the
Constitution; and;
5) All other national and local officials
classified as Grade ’27’ and higher under
the Compensation and Position
Classification Act of 1989.

REGIONAL TRIAL COURTS

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All civil actions in which the subject of litigation
is incapable of pecuniary estimation
All civil actions involving title to, or possession
of, real property or an interest therein, where the
assessed value of property exceeds Php400,000
All actions in admiralty and maritime
jurisdiction where the demand or claim exceeds
Php2,000,000
Original Exclusive Jurisdiction
3) Complaints for annulments, declaration of
nullity of marriage, and those relating to status
and property relations of husband and wife or
cohabiting spouses;
4) Petitions for support and/or acknowledgement;
5) Summary judicial proceedings brought under
E.O. 209 otherwise known as “Family Code of
the Philippines”;
6) Petitions for declaration of status of children as
abandoned, dependent or neglected children,
petitions for voluntary or involuntary suspension
of children, the suspension, termination, or

All matters of probate (testate or intestate),

where the gross value exceeds Php2,000,000 restoration of parental authority and other
cognizable cases under P.D. 603, E.O 56;
In all actions involving contract of marriage 7) Petitions for the constitution of the family home;
marital relations (provided that there are no 8) Cases against minors cognizable under
Family Courts, empowered by Sec. 5 of 5.A. Dangerous Drugs Act, as amended;
8639) 9) Violation of R.A. 7610 otherwise known as
“Special Protection of Children Against Child
All cases not within the exclusive jurisdiction of Abuse, Exploitation and Discrimination Act”;
any court, tribunal, person or body exercising 10) Cases of domestic violence against Woman and
judicial or quasi-judicial functions
Children
All civil actions and special proceedings falling Metropolitan Trial Courts, Municipal Trial Courts,
within the original jurisdiction of the Juvenile Municipal Trial Courts in cities, and Municipal
and Domestic Relations Court and Court of Circuit Trial Courts (Republic Act No. (RA) 11576, An
Agrarian Relations (the former is subject to R.A. Act Further Expanding the Jurisdiction of First-Level
8369)
Courts)
All other cases in which the demand or value of
the property exceeds Php2,000,000, exclusive of Exclusive
interest, damages, or whatever kind, attorney’s
fees, litigation expenses, and costs. Criminal Civil

Actions involving personal All offenses punishable with

With the SC, the RTC shall have jurisdiction in property where the value of imprisonment not exceeding
Original Concurrent

actions affecting ambassadors, other public the property does not exceed 6 years irrespective of the
ministers, and consuls. P300,000 or, in Metro amount of fine and
Jurisdiction

Manila P400,000 regardless of other

With the SC and CA, RTCs shall have
imposable accessory or
jurisdiction in petitions for certiorari,
prohibition, and mandamus against lower courts Actions for claim of money other penalties;
and bodies in petition for quo warranto and where the demand does not
habeas corpus exceed P300,000 or, in In offenses involving
Metro Manila P400,000 damage to property through
criminal negligence where
RTC has appellate jurisdiction over all cases Probate proceedings, testate the imposable fine does not
decided by MTC, MCTC, and METC; exceed P10,000 (Sec. 32,
or intestate, where the value
Appellate Jurisdiction

of the estate does not exceed B.P.129 as amended by RA

The decisions of the RTC shall be appealable by
P300,000 or, 7691);
petition for review to the CA (only when there is
prima facie that the lower court has committed in Metro Manila P400,000 Where the only penalty
error of fact or law) provided by law is a fine not
NOTE: In the foregoing, exceeding P4,000
The RTC does not have authority of the CA in claim is exclusive of (Admin. Circular No. 09-94,
Sec. 9 of B.P. 129 as amended to try cases, interest, damages, attorney’s June 14, 1994)
conduct hearing or new trials, receive evidence
fees, litigation expense, and
and such other acts to resolve factual issues
cost. (Sec. 33, BP 129 as Those covered by the Rules
amended by RA 7691) on Summary procedure, i.e.:
FAMILY COURTS  Violations of traffic
Actions involving title to or laws, rules and
Under R.A. 8369, the Family Courts shall have possession of real property regulations;
exclusive jurisdiction: or any interest therein where  Violations of the
the value or amount does rental law;
1) Petitions for guardianships, custody of children, not exceed P20,000 or, in  Violations of
and habeas corpus involving children; Metro Manila P50,000 municipal or city
2) Petitions for adoption of children and the exclusive of interest ordinances;
revocation; damages, attorney’s fees,  Violations of
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litigation expense, and costs B.P.22 (A.M. No.
00- 11-01-SC);
Maritime claims where the  All other criminal
demand or claim does not cases where the ASPECTS OF JURISDICTION
exceed P300,000 or, in penalty is
Metro Manila P400,000 imprisonment not
exceeding 6
Referred to as the power of a
Inclusion or exclusion of months and/or a particular court to hear the type of
voters fine of Php 1,000 case that is then before it.
irrespective of Jurisdiction
Those covered by the Rules other penalties or over the “Real actions”, “personal actions”,
on Summary Procedure civil liabilities Subject or “actions incapable of pecuniary
arising therefrom; Matter estimation” are to be considered
Forcible entry and unlawful subject matters.
detainer All offenses committed by
public officers and
employees in relation to Jurisdiction
Those covered by the Rules
their office, including over the Parties Also referred as jurisdiction in
on Small Claims, i.e. actions
government-owned or – personam
for payment of money
where the claim does not controlled corporations, and
by private individuals This refers to the power of the court
exceed P400,000 exclusive to make decisions that are binding
of interest and costs for the charged as co-principals,
accomplices or accessories, to a person.
METCs and P300,000 for
punishable with
the MTCCs, MTCs, and It is the legal power to the court to
imprisonment not more than
MCTCs. render a personal judgement against
6 years or where none of the
a party to an action or proceeding
accused holds a position
(Black’s Law Dictionary)
classified as “Grade 27” and
higher. (Sec. 4, P.D. 1606,
as amended by The power of the court to try and
RA 8249) Jurisdiction decide issues raised in the pleadings
over the Issues of the parties or by their agreement
in a pre-trial order or those tried by
Delegated
the implied consent of the parties.
Cadastral or land registration cases covering lots (Sec. 5, Rule 10)
where:
1) There is no controversy or opposition; It may also be conferred by waiver
2) Contested, but the value does not exceed or failure to object to the
P100,000 (Sec. 34, BP 129, as amended by presentation of evidence on a matter
not raised in the pleadings. The
RA 7691)
issues tried shall be treated in all
respect as if they had been raised in
NOTE: The value shall be ascertained by the affidavit the pleadings. (Ibid.)
of the claimant or agreement of the respective
claimants. (Sec. 34, BP 129 as amended by RA 7691) NOTE: Jurisdiction over the issue
is conferred and
determined by:
1. The pleadings of the
Special parties;
Civil Criminal 2. Stipulation of the parties as
when in the pre-trial;
3. Waiver or failure to object
Petition for habeas corpus in Application for bail in the
to the presentation of
the absence of all RTC absence of all RTC judges
evidence on a matter not
judges in the province or in the province or city.
raised in the pleadings.
city. (Sec. 35, BP 129)

Jurisdiction Jurisdiction over the res refers to

over the Res or the court’s jurisdiction over the
With RTC the Property in thing or the property which is the
Litigation subject of the action.
Cases involving enforcement of violations of
environmental and other related laws, rules and How jurisdiction over the res is
regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC) acquired
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It is acquired either by:
1. The seizure of the property
under legal process;
2. As a result of the institution
of legal proceedings, in
which the power of the
court is recognized and
made effective (Banco
Español Filipino v.
Palanca, 37 Phil. 291);
3. The court by placing the
property of thing under its
custody (custodia legis),
e.g. attachment of property;
or
4. The court through statutory
authority conferring upon it
the power to deal with the
property or thing within the
court’s territorial
jurisdiction, e.g. suits
involving the status of the
parties or suits involving
the property in the
Philippines of non-resident
defendants. (Riano, 2011)
JURISDICTION V. EXERCISE JURISDICTION
Jurisdiction Exercise Jurisdiction
It is the authority to hear It is any act of the court
and decide cases. It does pursuant to such
not depend upon the authority, which
regularity of the exercise includes making
of that power or upon the decisions. If there is
rightfulness of the jurisdiction over the
decision made. person and subject
(Lim, et al. v. Hon. Felipe matter, the resolution of
Pacquing, et al., G.R. No. all other questions
115044, September arising in the case is but
1,1994) an exercise of
jurisdiction. (Herrera v.
Baretto, 25 Phil. 245;
Palma v. Q&S, Inc.,
G.R. No. L-20366, May
16, 1966)
JURISDICTION V. VENUE
Jurisdiction Venue
Authority of the court to Place where the case is to be
hear and determine a case heard or tried
Matter of substantive law
Matter of procedural law
Cannot be waived by the
parties May be waived or invoked
either in a motion to dismiss
or in an answer.
Fixed by law and cannot be
conferred by the parties May be conferred by the act
or agreement of the parties
Jurisdiction over the subject
matter may be raised at any
stage of the proceedings
since it is conferred by law,
although a part may be
barred from raising it on the
ground of estoppel.
JURISDICTION OVER CASES
COVERED BY BARANGAY CONCILATION
Including: Cases covered by the Barangay Conciliation
and Cases Covered by the Rules on Expedited
Procedures in the First Level Courts
(Administrative Matter (A.M.) No. 08-8-7-SC, as
amended, approved on March 1, 2022)
KATARUNGANG PAMBARANGAY LAW
Purpose or To effect an amicable settlement of
Object disputes among family and
barangay
members at the barangay level
without judicial recourse and
consequently help relieve the
courts of docket congestion.
(Preamble of PD 1508)
Where to File For disputes between residents of
the same barangay: the dispute
must be brought for settlement In
the said barangay
For disputes between residents of
different but adjoining barangays
and the parties agree to submit
their differences to amicable
settlement: within the same city or
municipality where any of the
respondents reside at the election
of the complainant
For disputes involving real
property or any interest when the
parties thereto agree to submit their
differences to amicable settlement
by an appropriate lupon therein
shall be brought in the barangay
where the real property or larger
portion thereof is situated; and
For disputes arising at the
workplace where the contending
parties are employed or at the
institution where such parties are
enrolled for study shall be brought
in the barangay where such
workplace or institution is located.
Cases Covered
Civil Cases All disputes involving parties who
actually reside in the same city or
municipality may be the subject of
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the proceedings for amicable municipalities unless the
settlement in the barangay. parties thereto agree to
The requirement of undergoing submit their differences to
barangay conciliation proceedings amicable settlement by an
applies only to cases involving appropriate lupon;
natural persons, and not where any 6) Disputes involving parties
of the parties is a juridical person who actually reside in
such as a corporation, partnership, barangays of different
corporation sole, testate or intestate cities or municipalities,
estate, etc. (Vda. De Borromeo v. except where such
Pogoy, G.R. No. L-63277, barangay units adjoin each
November 29, 1983) other and the parties
thereto agree to submit
If the only contending party is the their differences to
government or its instrumentality amicable settlement by an
or subdivision the case is exempted appropriate lupon;
from the requirement of barangay 7) Such other classes of
conciliation proceedings but when disputes which the
it (government or its President may determine in
instrumentality or subdivision) is the interest of justice or
only one of the upon the recommendation
contending parties, a confrontation of the Secretary of Justice
should still be undertaken among (Sec. 408, Local
the other parties. (Gegare v. CA, Government Code);
G.R. No. 83907, September 13, 8) Any complaint by or
1989) against corporations,
partnerships, or juridical
NOTE: Barangay conciliation entities, since only
process is not a jurisdictional individuals shall be parties
requirement, so that non- to barangay conciliation
compliance therewith cannot proceedings either as
affect the jurisdiction which the complainants or
court has otherwise acquired over respondents;
the subject matter or over the 9) Disputes where urgent
person of the defendant. Such legal action is necessary to
defense shall be raised in the prevent injustice from
answer, otherwise, such objection being committed or further
will be deemed waived. (Aquino v. continued, specifically:
Aure, G.R. No. 153567, February 10)
18, 2008) a. A criminal case where
the
Cases not covered by Barangay accused is under police
Conciliation custody or detention
1) Where one party is the b. A petition for habeas
government or any corpus by a person illegally
subdivision or detained or deprived of his
instrumentality thereof; liberty or one acting on his
2) Where one party is a behalf
public officer or employee, c. Actions coupled with
and the dispute relates to provisional remedies, such
the performance of his as
official functions; preliminary injunction,
3) Offenses punishable by attachment, replevin, and
imprisonment exceeding support pendent lite.
one (1) year or a fine d. Where the action may be
exceeding P5,000.00; barred by the Statute of
4) Where the dispute involves Limitations.
real properties located in
different cities or 11) Labor disputes or
municipalities unless the controversies arising from
parties thereto agree to employer-employee
submit their differences to relationship;
amicable settlement by an 12) Where the dispute arises
appropriate lupon; from the CARL
5) Where the dispute involves
real properties located in Criminal When punishable by imprisonment
different cities or of not more than 1 year or fine of
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not more than Php 5,000. (Sec. exclusive of
408, LGC) interest and costs. (A.M. No. 08-8-
7-SC)
Criminal
RULES ON SMALL CLAIMS Violations of traffic laws, rules and
Purpose or To provide a simpler and more regulations;
Object inexpensive and expeditious means
of settling disputes involving Violations of the rental law
purely money claims than the
regular civil process. Violations of municipal or city
Where to File 1) MeTC ordinances
2) MTCC
3) MTC Violations of B.P. 22 or the
4) MCTC Bouncing Checks Law (A.M. No.
Cases Covered 00-11-01-SC, April 15, 2003)
Civil Cases Purely civil in nature where the
claim or relief prayed for by the All other criminal cases where the
plaintiff is solely for payment or penalty is imprisonment not
reimbursement of sum of money, exceeding 6 months and/or a fine
and the of Php 1,000 irrespective of other
value of the claim does not exceed penalties or civil liabilities arising
Php 400,000 for the therefrom;
MeTCs and Php 300,000 for the
MTCCs, MTCs, and MCTCs Offenses involving damage to
(A.M. No. 08-8- 7-SC, as amended property through criminal
by OCA Circular No. 45- 2019); negligence where the imposable
fine is not exceeding Php 10,000.
a. For money owed under any of
the following:
i. Contract of Lease;
ii. Contract of Loan;
iii. Contract of Services;
iv. Contract of Sale;
v. Contract of Mortgage;
b. For liquidated damages arising
from contracts;

c. The enforcement of a barangay

amicable settlement or an
arbitration award involving a
money claim

RULES ON SUMMARY PROCEDURE

Purpose or To provide a simpler and more
Object inexpensive and expeditious means
of settling disputes involving
purely money claims than the
regular civil process.
Where to File 1) MeTC
2) MTCC
3) MTC
4) MCTC
Cases Covered
Civil Cases All cases of forcible entry and
unlawful detainer irrespective of
the amount of damages or unpaid
rentals sought to be recovered.
Where attorney’s
fees are awarded, the same shall
not exceed Php 20,000; and

All other civil cases, except

Probate proceedings, where the
total amount of plaintiff’s claim
does not exceed Two Hundred
Thousand Pesos (P200,000.00)