TOPIC: SUMMARY PROCEDURE AND SMALL CLAIMS

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A. Civil procedure
a. Jurisdiction
i. Hierarchy of courts- WHERE TO FILE filing certiorari
1. RTC- CA- SC
2. QUO WARRANTO
3. HABEAS CORPUS
ii. WHEN CAN ACQUIRE JURISDICTION
1. Filing answer
2. Service of summons; voluntary appearance
3. Properties:
4. Supposing the case is damages claim 3m--- RTC
a. Where? Personal action, where the complainant resides/
defendant (option of plaintiff)
b. If it’s a real action, file where property is located
c. If its ejectment- MTCC, AUTOMATIC covered by rule on
summary procedure
d. If its property- determine assess value of property
i. <400,000 MTCC
ii. > 400,000 RTC
iii. Concurrent, appellate,
iv. RTC, MTCC,
v. Incapable of pecuniary estimation- RTC
vi. More than 2k damages, money claims, probate
vii. SEE OLD NOTES BLUE NOTEBOOK
viii. PURPOSE: ACQUIRING JURISDICTION, PAYMENT OF DOCKET FEES--- w/o the
latter== dismissal of the case
ix. MTC- delegated jurisdiction
1. Land registration cases- MTCC has a delegated jurisdiction, if there is
decision rendered in the exercise of delegated jurisdication-- appeal
directly to CA
a. SUPPOSEDLY IT WAS IN THE JURISDICTION OF THE RTC
x. Equity vs appellate
xi. Doctrine of primary jurisdiction--- administrative bodies before filing it to the
regular court
1. Case: PH. TELEGRAPH=== principle on primary jurisdiction
B. ACTIONS
a. REAL V PERSONAL
b. Venue and jurisdiction of each
c. In rem- binding against the whole world, publication of summons (eg. Registration of
land title, post in the place where property is located)
 d. in personam- accion publiciana, interdictal ( concept of tolerance)----- BOTH FOR
RECOVERY OF POSSESSION not period of filing the action. If filed within 1 year from
demand--- ejectment (summary judgment), if more than 1 year---- accion publicianna
(covered by Regular procedure)
e. quasi in rem
C. Commencement of the Action
a. Filing of complaint, payment of docket fee
D. RULE 4 CAUSE OF ACTION
a. 1 CAUSE OF ACTION, 1 SUIT
b. Splitting cause of action--- prohibited, ground for MTD litis pendencia, res judicata
c. Multiplicity of action-
d. Failure to state or lack of cause of action- court can dismiss the action for failure to state
such
e. Sufficiency of cause of action- based on the allegations, court can grant the prayer
f. Joinder and misjoinder causes of action- several causes of action
i. Court may order separation of action for misjoinder
ii. Not a ground for dismissal
iii. Joinder does not include special civil actions or those governed by special rules
g. Parties to a civil action: plaintiff vs defendant
h. ISOLATED TRANSACTION RULE
i. REAL PARTY IN INTEREST
i. INDISPENSABLE
ii. NECESSARY
iii. REPRESENTATIVE
iv. PRO FORMA
v. Class suit
j. Joinder of parties- PERMISSIVE vs COMPULSORY
E. VENUE
F. PLEADINGS
G. CERTIFICATION OF NON-FORUM SHOPPING
H. NEGATIVE PREGNANT= ADMISSION= GENERAL DENIAL
a. ALLEGATIONS NOT SPECIFICALLY DENIED- ADMITTED
b. AFFIRMATIVE DEFENSES- CAN BE RAISED DURING THE ANSWER
I. DEFENDANT IN DEFAULT
a. WHEN?
b. EFFECT
c. REMEDY: FILE MOTION TO SET ASIDE DECLARATION OF DEFAULT
i. If denied- plaintiff presented evidence ex parte
1. If no judgment- file motion set aside dec of default
2. If judgement- appeal, new trial, reconsidereation, --- entitled to notices
but cannot appear in proceedings
3. Extent of award- limited
J. AMENDMENTS IN PLEADINGS/ SUMMONS
a. Amended before filing of answer: is there a need to issue summons again? NO
 b. w/ leave of court, ANSWER IS ALREADY FILED- no need to issue new summons
c. FORMAL VS SUBSTANTIAL
d. Pleading must be filed in court to be admitted but need not be admitted for it to be used
by the other party esp if notarized
e. When to file responsive pleading? 30 days,
K. Bill of Particulars
a. What
b. Effect to filing of answer- only suspend the running of period of filing answer
c. Effect of compliance- order dismissal
L. Summons
a. Subsistuted summons, when? When after 3 attempts on 2 different dates, personal
service is impossible to accomplish
b. Publication, when?
c. SERVICE-
d. Modes
e. Contents
f. Volunarty appearance- seeking affirmative relief, motion to dismiss- rule 9 sec1
M. MOTIONS
a. Ex parte motion
b. Omnibus motion- MR, MTD
c. Motion for leave--- to file amended complaint--- it must be attached to motion for
leave
i. Ex. Demurrer to evidence--- must be attached to the motion for leave
ii. Motion intervention- must be attached to the motion for leave
d. Prohibited motions
i. MTD
ii. Motion TO EXTEND
iii. MOTION TO HEAR AFFIRMATIVE DEFENSES
iv. MOTION TO POSTPONE
e. EFFECT OF DISMISSAL WITH PREJUDICE: CAN NO LONGER BE REFILED,
N. Mockbar coverage: Rue 1-38; appeal not included
O. Practice Remedial Law questions (Answer); MEMORIZE CODAL
P. EXTRA:
a. KATARUNGANG PAMBARANGAY

CRMINAL PROCEDURE
1. lack of jurisdiction, when deemed waived?
2. How to determine jurisdiction??
a. Penalty
i. Exceeds 6 yrs- rtc
ii. Does not exceed- mtcc
b. Natue of the crime
i. Even if it does not exceed 6 years,
DISCRERTIONARY POWER OF FISCAL- CRISPO V MOGUL

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