-Effect of lack of Jurisdiction over the

Katarungang Pambarangay Law/Local subject matter?

Government Code
-Basic Principles (2)
-Nature of Proceedings (2)
-Importance (3)
-Exceptions to Coverage of the
Katarungang Pambarangay Law (12)
Venue
-Dispute between persons residing in
same barangay
-Dispute between persons residing in
different barangay within the same city or
municipality
-Dispute involving real property
-Dispute arising at the workplace or school
-Jurisdiction vs. Exercise of Jurisdiction
-Error of Judgment vs. Error of Jurisdiction
(3) MACCDJ
-Jurisdiction over the subject matter is
conferred and determined by?
-Doctrine of Primary Jurisdiction (2)
-Doctrine of Adherence of Jurisdiction
-Objections to jurisdict ion over the
subject matter (2)
-Effect of Estoppels on objection to
jurisdiction (2)
2. Jurisdiction over the Parties
a. Jurisdiction over the Plaintiff (1)
b. Jurisdiction over the Defendant (2)

Lupong Tagapamayapa 3. Jurisdiction over the Issues

-Composition (5) -Meaning
-Functions of the Lupon -How jurisdiction over the Issues is
-Pangkat Tagapagkasundo conferred and determined (ASW)

Procedure for Amicable Settlement (6) 4. Jurisdiction over the Res

-Period to arrive at a settlement -Res
-Form of settlement (4) -Meaning
-Repudiation -How acquired
-Execution (2) -Action in Personam vs. Action in Rem or
Quasi in Rem
JURISDICTION (2)
-Jurisduction vs. Venue Jurisdiction of the Supreme Court
a. Definition -Powers of the Supreme Court (2)
b. Governing Law -Basic Principles (2)
c. Relations Established -Question of law exist?
d. Basis -Original and Exclusive jurisdiction
Jurisdiction as to Nature -Original and Concurrent Jurisdiction
a. General vs. Special -Appellate and Exclusive Jurisdiction
-For the court to have jurisdiction over the Jurisdiction of the Court of Appeals
case? -Original Jurisdiction
b. Original vs. Appellate -Exclusive original jurisdiction
c. Exclusive vs. Concurrent/Coordinate -Exclusive Appellate jurisdiction
d. Delegated vs. Territorial *RA9282, Judgment and final orders of
the CTA?
Aspects of Jurisdiction/Jurisdiction as to *Does CA has the power to try and
Object conduct hearings like a trial court?
1. Jurisdiction Over the Subject Matter
-Meaning
Jurisdiction of the Court of Tax Appeals
-Just read (page 107)
-Exclusive original jurisdiction
-Exclusive Appellate jurisdiction
Jurisdiction of the RTC
-Sec. 19 of B.P. 129, as amended
 Sec. 21. Original Jurisdiction (2)
 Sec. 22. Appellate Jurisdiction (2)
 Sec. 23. Special Jurisdiction to Try
Special Cases
Incapable of Pecuniary Estimation
-Capable of Pecuniary
-Examples
Actions Involving Real Properties
-Mode
-Title
-Mode vs. Title (3)
-Possession
Recovery of Ownership of Land
-Jurisdiction of the court is determined?
-Assessed Value
-Fair Market Value
-RA 11576 – if the action involves title to,
or possession of, real property, the
jurisdiction of the court depends? (2)
-Damages of whatever kind (1)
-Damages is the main cause of action
Jurisdiction Formerly with the SEC
-RTC shall have original and exclusive
jurisdiction to hear and decide a cases
involving (4-SIEC)
-Test to determine whether a dispute
constitute an Intra-Corporate
Controversy.
-Relationships that pertains to intra-
corporate controversy (4-PSSA)
-Action for foreclosure of real estate
mortgage
Jurisdiction of Family Courts (page 159)
Jurisdiction of Labor Arbiters vs. Regular
Courts (3-ADI)
Jurisdiction of the MTC
-Sec. 33 of B.P. 129 as amended by R.A.
11576 (4)
-Sec. 34. Delegated Jurisdiction
-Jurisdiction over an application for land
registration remains with?
-The decision of MTC in cadastral and
land registration cases, shall be
appealable?
-Sec. 35. Special Jurisdiction (2)
*Jurisdiction Amount
* Actions for Forcible entry and Unlawful
detainer (Sec. 33 (2) of B.P. 129 as
amended by R.A. 11576)
-When the defendant raises the question
of ownership and the issue of possession
cannot be resolve? (2)
-When parties disagree on the correct
boundary of adjacent lots?
-if the assessed value is not alleged in the
complain?
-In cases of land not declared for taxation
purposes, the value of the property?
-non-inclusion of the assessed value on
the face of the complain is NOT fatal, if?
-Allegation of assessed value is immaterial
for?
-Accion Publiciana (2) (1)
-Accion Reinvindicatoria
Jurisdiction Over Cases Covered by Rules
of Expedited Procedure on Summary
Procedure Cases and Small Claims
-Summary Procedure Cases (FR. BED)
-Small Claim Cases (2)
a. For money Owed (3)
b. Enforcement of a Barangay Amicable
Settlements and Arbitration Award.
Intellectual Property Infringement
-RA8293 & RA 166
Totality Rule
Estoppel by Laches
-Laches

IV. Civil Procedure
A. RULE 1 – ACTIONS
-Civil Actions in General
-Ordinary Civil Action
-Special Civil Action (2)
-Criminal Action
-Special Proceedings
-Real Action
-Personal Action
-Action in Rem
-Action in Personam
-Action Quasi-In-Rem
-Liberal Construction of Rules
-Equity (2)
B. RULE 2 – CAUSE OF ACTION
-Cause of Action
-Elements of Cause of Action (3-RDA)
-Cause of Action vs Right of Action (3)
-Failure to State the Cause of Action (x)
 Where there is a defect or
insufficiency in the statement of
the cause of action? (2)
-Test of sufficiency of a cause of action
-Splitting a single cause of action
 If two or more suits are instituted
on same cause of action?
-Joinder of causes of action
 Conditions (4)
-Misjoinder of causes of action
True or False
-All Real Actions are Quasi-in rem?
-All actions Quasi-in rem are real actions?
-All actions in Rem are Real Actions?
-All Real Actions are in Rem?
-All Personal Actions are Action in
personam?
-All action in Personam are Personal
Actions?
C. RULE 3 – PARTIES TO CIVIL ACTION
C.1
-Who may be the parties in civil action (3-
page 236)
 Juridical Persons (3)
-Real Parties in Interest
 The determination of who the real
party-in-interest requires?
-Indispensable parties
-Representative as Parties
-Necessary Parties
-Indispensable Party vs. Necessary Party
-Indigent Party
-Suits against entities without judicial
personality
C.2
-Compulsory Joinder of Indispensable
Parties
-Effect of non-joinder of indispensable
parties in the decision of the court? (page
256)
-Permissive Joinder of Parties
-Failure to joined an indispensable party?
-Misjoinder
-Failure to implead an indispensable
party? Misjoinder or Non-Joinder of
Parties? (page 256); exemptions? (258)
-Any claim against a Misjoined Party?
C.3
-Class Suit
-Requirement for Class Suit? (2)
-Alternative Defendants (*page 261 for
sample cases)
C.4 Effect of death of Party Litigant
-Counsel-Order(2)-Purpose
-The heirs of the deceased may be
allowed to substitute (2)?
-Action of court upon notice of death if
the claim survives? (page 262)
-Formal substitution is NOT necessary?
-Actions that survive the death of the
party (8-REDDTQEM)
-Actions that do NOT survive the death of
the party (3-PAL)
-Actions for recovery of money on
Contractual Claims (2)
-Rule 39, Section 7 – Execution in case of
death
-Rule 86, Section 5
-Rule 78, Section 6 – When and to whom
letters of administration granted
-Rule 87, Section 1- Actions which may
and may not brought against executor or
administrator.

D. RULE 4 – VENUE OF ACTIONS

-Jurisdiction vs. Venue (4)
-Venue of Real Action (2)
 Partition of real property, judicial
foreclosure of real estate
mortgage, accion publiciana,
accion reivindicatoria?
 Forcible Entry and Detainer
 Complaint for “Declaration of the
Nullity” of a deed of sale involving
real property? (2)
 Action to recover the deficiency
after extrajudicial foreclosure of
real property mortgaged?
 Plaintiff sought the return of the
portion of the subject property?
 Action to annul a deed of real
estate mortgage filed by
mortgagor? If the property has
already been sold on foreclosure?
-Venue of Personal Action
 More than one plaintiff or
defendant?
 If the defendant is a non-resident ?
 Resides vs. Domicile
 Residence of a domestic
corporation?
 Actions for damages and collection
of money?
-Venue of Actions Against Non-Resident
-When Rules of Venue Do Not Apply (2)
-The parties may stipulate on the venue as
long as the agreement is? (3)
-The stipulation must be shown that the
venue must be? (1)(3)
-Venue stipulated is mandatory or
restrictive? Permissive?
-in the absence of qualifying or restrictive
words?