Professional Documents
Culture Documents
REMEDIAL LAW
The UST GOLDEN NOTES is the annual student-edited bar review material of
the University of Santo Tomas, Faculty of Civil Law. Communications
regarding the Notes should be addressed to the Academics Committee of the
Team: Bar-Ops.
Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal
University of Santo Tomas, the Catholic University of the Philippines.
2023 Edition.
No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied in different electronic devises or in any other
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A copy of this material without the corresponding code either proceeds from an illegal source or is in
possession of one who has no authority to dispose the same.
UST BAR-OPS
SECRETARIES-GENERAL
EXECUTIVE COMMITTEE
MEMBERS
LEARSI RAY G. AFABLE JULIENNE F. MADRILEJOS
PATRICIA CLARISSE H. BERNABE SARAH MAY D. MEDALLE
JEANINE ANDREA V. BUENAVENTURA DANICA ELLA C. NAGORITE
LINN JERARD A. DANTES MICHAEL JOHN D. NATABLA
DANIELLE LOUISE CLEO C. ESQUILLO JECA A. PACIS
DIANNE TRICIA M. INIEGO ANGELO T. SOLANO
CYRA LYN S. LIM RAINIEL C. SORIANO
ADVISERS
JUDGE MYRA B. QUIAMBAO
JUDGE KATLYN ANNE C. AGUILAR-BILGERA
ATTY. IAN JERNY E. DE LEON
C2
ACADEMIC OFFICIALS
ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAÑO, O.P.
DEAN REGENT
For being our guideposts in understanding the intricate sphere of Remedial Law.
– Academics Committee 2023
C2
DISCLAIMER
Table of Contents
A. CLASSIFICATION OF JURISDICTION........................................................................................................... 9
1. ORIGINAL vs. APPELLATE.................................................................................................................................... 9
2. GENERAL vs. SPECIAL............................................................................................................................................. 9
3. EXCLUSIVE vs. CONCURRENT ............................................................................................................................ 9
B. DOCTRINES OF HIERARCHY OF COURTS AND ADHERENCE OF JURISDICTION ........................ 9
C. JURISDICTION OF VARIOUS PHILIPPINE COURTS AND TRIBUNALS .......................................... 10
1. SUPREME COURT ................................................................................................................................................... 12
2. COURT OF APPEALS ............................................................................................................................................. 14
3. COURT OF TAX APPEALS ................................................................................................................................... 16
4. SANDIGANBAYAN .................................................................................................................................................. 18
5. REGIONAL TRIAL COURTS................................................................................................................................ 19
6. FAMILY COURTS ..................................................................................................................................................... 22
7. METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, AND MUNICIPAL CIRCUIT TRIAL COURTS ......................................................... 23
D. ASPECTS OF JURISDICTION ....................................................................................................................... 25
1. JURISDICTION OVER THE SUBJECT MATTER ....................................................................................... 25
2. JURISDICTION OVER THE PARTIES ............................................................................................................. 25
3. JURISDICTION OVER THE ISSUES ................................................................................................................. 26
4. JURISDICTION OVER THE RES OR THE PROPERTY IN LITIGATION ........................................ 27
E. JURISDICTION vs. EXERCISE OF JURISDICTION .................................................................................. 28
F. JURISDICTION vs. VENUE ............................................................................................................................ 28
G. JURISDICTION OVER CASES COVERED BY BARANGAY CONCILIATION, AND CASES
COVERED BY THE RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS ........ 30
I. GENERAL PRINCIPLES
Implementation of Remedial Laws in our System
of Government (2006 BAR) B. RULE-MAKING POWER
OF THE SUPREME COURT
They are implemented through the judicial system,
including the prosecutorial service of courts and
quasi-judicial agencies. Extent of the Rule-Making Power of the Supreme
Court
Interpretation of the Provisions of the Rules of
Court (1998 BAR) It has the power to promulgate rules concerning:
(Pro-P-A-I-La)
GR: The Rules shall be liberally construed in order to
promote their objective of securing a just, speedy 1. The Protection and enforcement of
and inexpensive disposition of every action and constitutional rights;
proceeding. (Sec. 6, Rule 1, ROC, as amended) 2. Pleading, practice, and procedure in all courts;
XPNs: The following shall be strictly construed: NOTE: The constitutional faculty of the Court to
promulgate rules of practice and procedure
1. Reglementary periods; necessarily carries the power to overturn
2. Rule on forum shopping; and judicial precedents on points of remedial law
3. Service of summons. through the amendment of the Rules of Court.
(Pinga v. The Heirs of German Santiago, G.R. No.
The liberal construction of the rules may only be 170354, 30 June 2006)
invoked in situations where there is an excusable
formal deficiency or error in a pleading, provided 3. The Admission to the practice of law;
that the same does not subvert the essence of the 4. The Integrated bar; and
proceeding and it at least connotes a reasonable 5. Legal assistance to the underprivileged. (Sec.
attempt at compliance with the rules. (Martos, et al. 5(5), Art. VIII, 1987 Constitution)
v. New San Jose Builders, Inc., G.R. No. 192650, 24 Oct.
2012) NOTE: The power to repeal, alter, or supplement
rules concerning pleading, practice and procedure
Rule on Uniform Interpretation in all courts belongs exclusively to the Supreme
Court.
The principle expressed in the maxim interpretare
et concordare legibus est optimus interpretendi, or Q: Congress enacted a law that contains a
that every statute must be so construed and provision prohibiting plea-bargaining in drug-
harmonized with other statutes as to form a uniform related cases. Is the provision valid?
system of jurisprudence applies in interpreting both
sets of Rules such as the 1997 Rules on Civil A: NO. Plea bargaining is a rule of procedure. As
Procedure and the Rule on Summary Procedure such, the provision prohibiting it that is contained in
regarding the finality of judgments. (Banares II v. a statute is unconstitutional for being contrary to
Balising, G.R. No. 132624, 13 Mar. 2000; Herrera, the rule-making authority of the Supreme Court.
2007) Only the Supreme Court can promulgate rules on
pleadings, practice and procedure, not Congress
through passage of a law. (Estipona v. Lobrigo, G.R.
No. 226679, 15 Aug. 2017)
REMEDIAL LAW
Limitations on the Rule-Making Power of the exercise of its equity jurisdiction. (CTMC Int’l v.
Supreme Court (SI-U-DIM) Bhagis Int’l Corp., G.R. No. 170488, 10 Dec. 2012)
1. The rules shall provide a Simplified and XPN to the XPN: To relieve a litigant of an injustice
Inexpensive procedure for the speedy commensurate with his failure to comply with the
disposition of cases; prescribed procedure. The mere invocation of
2. The rules must be Uniform for all the courts of substantial justice is not a magical incantation that
the same grade; and will automatically compel the Court to suspend
3. The rules must not Diminish, Increase or procedural rules. (Co-Unjieng v. C.A., G.R. No. 139596,
Modify substantive rights. (Sec. 5(5), Art. VIII, 24 Jan. 2006)
1987 Constitution)
Parties praying for the liberal interpretation of the
Power of the Supreme Court to Amend and rules must be able to hurdle that heavy burden of
Suspend Procedural Rules proving that they deserve an exceptional treatment.
It was never the Court’s intent “to forge a bastion for
GR: Compliance with procedural rules is the general erring litigants to violate the rules with impunity.”
rule, and abandonment thereof should only be done (Prieto v. Alpadi Development Corp., G.R. No. 191025,
in the most exceptional circumstances. (Pilapil v. 31 Jul. 2013)
Heirs of Briones, G.R. No. 150175, 10 Mar. 2006)
Reasons that would warrant the Suspension of
NOTE: The courts have the power to relax or the Rules of Procedure (E-Me-C-L-O-T)
suspend technical or procedural rules or to except a
case from their operation when compelling reasons 1. The Existence of special or compelling
so warrant or when the purpose of justice requires circumstances;
it. (Commissioner of Internal Revenue v. Migrant
Pagbilao Corporation, G.R. No. 159593, 12 Oct. 2006) 2. The Merits of the case;
XPN: The power of the Supreme Court to suspend 3. A Cause not entirely attributable to the fault or
its own rules or to except a particular case from its negligence of the party favored by the
operations whenever the purposes of justice suspension of rules;
require cannot be questioned. The rules of
procedure should be viewed as mere tools designed 4. A Lack of any showing that the review sought is
to facilitate the attainment of justice. Their strict merely frivolous and dilatory;
and rigid application, which would result in
technicalities that tend to frustrate rather than 5. The Other party will not be unjustly prejudiced
promote substantial justice, must always be thereby (Sarmiento v. Zaratan, G.R. No. 167471,
avoided. (De Guzman v. Sandiganbayan, G.R. No. 05 Feb. 2007; and
103276, 11 Apr. 1996)
6. Transcendental matters of life, liberty or state
The power to suspend or even disregard rules can security. (Mindanao Savings and Loan
be so pervasive and compelling as to alter even that Association v. Vda. de Flores, G.R. No. 142022, 07
which the Supreme Court itself had already Sept. 2005)
declared to be final. (Apo Fruits Corporation v. Land
Bank of the Philippines, G.R. No. 154195, 12 Oct. Power to Stay Proceedings and Control its
2010) Processes
Where strong considerations of substantive justice The power to stay proceedings is incidental to the
are manifest on the petition, the strict application of power inherent in every court to control the
the rules of procedure may be relaxed, in the disposition of the cases on its dockets, considering
I. GENERAL PRINCIPLES
its time and effort, and that of counsel and the of appeals and the appropriate forum for the
litigants. But if proceedings must be stayed, it must issuance of extraordinary writs.
be done in order to avoid multiplicity of suits and
prevent vexatious litigations, conflicting judgments, Accordingly, when litigants seek relief directly from
and confusion between litigants and courts. the Court, they bypass the judicial structure and
(Security Bank Corp. v. Judge Victorio, G.R. No. open themselves to the risk of presenting
155099, 31 Aug. 2005) incomplete or disputed facts. This consequently
hampers the resolution of controversies before the
Court. Without the necessary facts, the Court cannot
C. PRINCIPLE OF JUDICIAL HIERARCHY authoritatively determine the rights and obligations
of the parties. The case would then become another
addition to the Court's already congested dockets;
The principle provides that lower courts shall and
initially decide a case before it is considered by a
higher court. A higher court will not entertain direct 2. The requirements of due process
resort to it unless the redress desired cannot be
obtained in the appropriate courts. (Santiago v. By directly filing a case before the Court, litigants
Vasquez, G.R. Nos. 99289-90, 27 Jan. 1993) necessarily deprive themselves of the opportunity
to completely pursue or defend their causes of
Pursuant to this principle, a case must be filed first actions. Their right to due process is effectively
before the lowest court possible having the undermined by their own doing. (Ibid.)
appropriate jurisdiction, except if one can advance a
special reason which would allow a party a direct NOTE: The doctrine of hierarchy of courts ensure
resort to a higher court. (Riano, 2019) that every level of the judiciary performs its
designated roles in an effective and efficient
Constitutional Imperative manner. (Maza v. Turla, G.R. No. 187094, 15 Feb.
2017, citing The Diocese of Bacolod v. COMELEC, G.R.
This doctrine is not mere policy, rather, it is a No. 206728, 21 Jan. 2015)
constitutional filtering mechanism designed to
Trial courts do not only determine the facts from the
enable the Court to focus on the more fundamental
and essential tasks assigned to it by the highest law evaluation of the evidence presented before them.
They are likewise competent to determine issues of
of the land. (Gios-Samar, Inc. v. Department of
law which may include the validity of an ordinance,
Transportation and Communications and Civil
Aviation Authority of the Philippines, G.R. No. 217158, statute, or even an executive issuance in relation to
the Constitution.
12 Mar. 2019)
Strict observance of the doctrine of hierarchy of To effectively perform these functions, they are
courts should not be a matter of mere policy. It is a territorially organized into regions and then into
constitutional imperative given: branches. Their writs generally reach within those
territorial boundaries. Necessarily, they mostly
1. The structure of our judicial system perform the all-important task of inferring the facts
from the evidence as these are physically presented
The doctrine of hierarchy of courts recognizes the before them. In many instances, the facts occur
various levels of courts in the country as they are within their territorial jurisdiction, which properly
established under the Constitution and by law, their present the 'actual case' that makes ripe a
ranking and effect of their rulings in relation with determination of the constitutionality of such
one another, and how these different levels of court action. The consequences, of course, would be
interact with one another. It determines the venues national in scope. (Ha Datu Tawahig, et al v. Hon.
Cebu City Prosecutor I Lineth Lapinid, et al., G.R. No.
REMEDIAL LAW
221139, 20 Mar. 2019, citing The Diocese of Bacolod faced with the need for substantial
v. COMELEC) protection;
1. Prevent Inordinate demands upon the Court's 4. The constitutional issues raised are better
time and attention which are better devoted to decided by the Supreme Court;
those matters within its exclusive jurisdiction;
5. Exigency in certain situations or when time is
2. Prevent further Overcrowding of the Court's of the essence;
docket; and
6. The filed petition reviews the act of a
3. Prevent the inevitable and resultant Delay, constitutional organ;
intended or otherwise, in the adjudication of
cases which often have to be remanded or 7. No other plain, speedy, and adequate remedy
referred to the lower court as the proper forum in the ordinary course of law;
under the rules of procedure, or as the court
better equipped to resolve factual questions. 8. The petition includes questions that are
dictated by public welfare and the
Exceptions to the Doctrine of Hierarchy of advancement of public policy, or demanded
Courts (2017 BAR) by the broader interest of justice;
In several cases, the court has allowed direct 9. The orders complained of were found to be
invocation of the SC’s original jurisdiction on the patent nullities;
following grounds:
10. The appeal was considered as clearly an
1. When there are genuine issues of inappropriate remedy; or
constitutionality that must be addressed at
the most immediate time; (The Diocese of 11. When analogous, exceptional and compelling
Bacolod v. COMELEC, supra) circumstances called for and justified the
immediate and direct handling of the case.
NOTE: A direct resort to the Supreme Court (Republic v. Caguioa, et al., G.R. No. 174385, 20
includes availing of the remedies Feb. 2013)
of certiorari and prohibition to assail the
constitutionality of actions of both legislative Common Denominator
and executive branches of the government.
A careful examination of the jurisprudential bases of
2. When the issues involved are of the exceptions would reveal a common
transcendental importance; denominator — the issues for resolution of the
Court are purely legal. (Gios-Samar, Inc. v.
NOTE: In these cases, the imminence and Department of Transportation and Communications
clarity of the threat to fundamental and Civil Aviation Authority of the Philippines, supra.)
constitutional rights outweigh the necessity
for prudence. The doctrine relating to NOTE: The SC may disregard the principle of
constitutional issues of transcendental hierarchy of courts if warranted by the nature and
importance prevents courts from the importance of the issues raised in the interest of
paralysis of procedural niceties when clearly
I. GENERAL PRINCIPLES
speedy justice and to avoid future litigations. (Riano,
2019) D. DOCTRINE OF NON-INTERFERENCE/
JUDICIAL STABILITY
Failure to Comply with the Doctrine
Failure to comply with the Principle of Hierarchy of GR: Courts of equal and coordinate jurisdiction
Courts is sufficient cause for the dismissal of the cannot interfere with each other’s orders. (Riano,
petition. (Gios-Samar, Inc. v. Department of 2019, citing Lapu-Lapu Development and Housing
Transportation and Communications and Civil Corporation v. Group Management Corporation, G.R.
Aviation Authority of the Philippines, supra.) Nos. 167000 and 169971, 08 Jun. 2011)
Q: Senator Angara filed a Complaint for Damages The principle also bars a court from reviewing or
against Palafox Jr. alleging that Palafox Jr. interfering with the judgment of a co-equal court
authorized an unsigned letter containing over which it has no appellate jurisdiction. (Riano,
defamatory statements against him. Palafox Jr. 2019)
filed a motion to dismiss on the ground of
improper venue alleging that the Complaint was No court can interfere by injunction with the
filed in the RTC of Pasay City, instead of Makati judgments or orders of another court of concurrent
City where both parties reside. The Regional jurisdiction. (Metro Rail Transit Development
Trial Court denied his motion and held that Corporation v. Trackworks Rail Transit Advertising,
venue was proper since the filing of a separate Vending and Promotions, Inc., G.R. No. 204452, 28
civil action for damages where the public officer June 2021, J. Hernando, citing Barroso v. Omelio, G.R.
holds office is allowed under Article 360. No. 184767, 14 Oct. 2015)
Aggrieved, Palafox Jr., filed a Petition for
Certiorari before the Supreme Court assailing Even in case of concurrent jurisdiction, the court
the order of the RTC. Is the petition meritorious? first acquiring jurisdiction excludes the other
courts. (Pacific Ace Finance Ltd. [PAFIN] v. Eiji
A: NO. The petition violates the hierarchy of courts. Yanagisawa, G.R. No. 175303, 11 Apr. 2012)
The Court may only act when absolutely necessary
or when serious and important reasons exist to XPN: The doctrine does not apply where a third-
justify an exception. Further, the Court held that party claimant is involved. This is in consonance
such serious and important reasons must be clearly with the well-established principle that no man
stated in the petition. shall be affected by any proceeding to which he is a
stranger. (Sps. Crisologo v. Omelio, A.M. No. RTJ-12-
Here, Palafox, Jr. filed his Petition directly to the 2321, 03 Oct. 2012, citing Sec. 16, Rule 39, ROC, as
Supreme Court despite the concurrent jurisdiction amended, and quoting Naguit v. CA, G.R. No. 137675,
of the appellate court. Significantly, he did not 05 Dec. 2000)
bother to provide any reason or explanation to
justify his non-compliance to the rule on hierarchy Rationale
of courts. This constitutes a clear disregard of the
hierarchy of courts and merits the dismissal of the The rule is founded on the concept of jurisdiction: a
Petition. (Felino A. Palafox, Jr. v. Francisco Mendiola, court that acquires jurisdiction over the case and
G.R No. 209551, 15 Feb. 2021) renders judgment therein has jurisdiction over its
judgment, to the exclusion of all other coordinate
courts, for its execution and overall, its incidents,
and to control the conduct of ministerial officers
acting in connection with this judgment. (Metro Rail
Transit Development Corporation v. Trackworks Rail
Transit Advertising, Vending and Promotions, Inc.,
REMEDIAL LAW
G.R. No. 204452, 28 June 2021, J. Hernando, citing
Barroso v. Omelio, G.R. No. 184767, 14 Oct. 2015)
II. JURISDICTION
II. JURISDICTION
5. Other special cases as the SC may determine in the interest of a speedy and efficient administration
of justice. (Sec. 23, B.P. No. 129)
REMEDIAL LAW
Voluntary Appearance City Realty and Development Corp. v. Villa et. al., G.R.
No. 184197, 11 Feb. 2010)
Voluntary appearance is any appearance of the
defendant in court, provided he or she does not Filing of Pleadings seeking Affirmative Reliefs
raise the question of lack of jurisdiction of the court. constitutes Voluntary Appearance
(Flores v. Zurbito, G.R. No. L-12890. 08 Mar. 1918;
Carballo v. Encarnacion, G.R. No. L-5675, 27 Apr. GR: Seeking affirmative relief constitutes voluntary
1953) appearance, and the consequent submission of
one’s person to the jurisdiction of the court.
It is equivalent to service of summons. (Sec. 23, Rule
14, ROC, as amended) XPNs: In the case of pleadings whose prayer is
precisely for the avoidance of the jurisdiction of the
The inclusion in a motion to dismiss of other court, which only leads to a special appearance.
grounds aside from lack of jurisdiction over the These pleadings are:
person of the defendant shall be deemed a voluntary
appearance. (Sec. 23, Rule 14, ROC, as amended) 1. In civil cases, motions to dismiss on the ground
of lack of jurisdiction over the person of the
An appearance in whatever form, without explicitly defendant;
objecting to the jurisdiction of the court over the
person, is a submission to the jurisdiction of the NOTE: The inclusion in a motion to dismiss of
court over the person. It may be made by simply other grounds aside from lack of jurisdiction
filing a formal motion, or plea or answer. If his over the person of the defendant shall be
motion is for any other purpose than to object to the deemed a voluntary appearance (Sec. 23, Rule
jurisdiction of the court over his person, he thereby 14, ROC, as amended);
submits himself to the jurisdiction of the court.
(Busuego v. CA, No. L-48955, June 30, 1987; La Naval 2. In criminal cases, motions to quash an
Drug Corp. v. CA, G.R. No. 103200, 31 Aug. 1994) Information on the ground of lack of
jurisdiction over the person of the accused; and
XPN: Special Appearance
3. Motion to quash a warrant of arrest.
When the defendant’s appearance is made precisely
to object to the jurisdiction of the court over his NOTE: The first two are consequences of the fact
person, it cannot be considered as appearance in that failure to file them would constitute a waiver of
court. (French Oil Mill Machinery, Inc v. CA, G.R. No. the defense of lack of jurisdiction over the person.
126477, 11 Sept. 1998) The third is a consequence of the fact that it is the
very legality of the court process forcing the
An example is a special appearance in court submission of the person of the accused that is the
challenging the jurisdiction of the court on the very issue in a motion to quash a warrant of arrest.
ground of invalid service of summons. (Go v. (Miranda v. Tuliao, G.R. No. 158763, 31 Mar. 2006)
Cordero, G.R. No. 164703, 04 May 2010)
3. JURISDICTION OVER THE ISSUES
NOTE: Special appearance operated as an exception
to the general rule on voluntary appearance. Jurisdiction over the issues refers to the power of
Accordingly, objections to the jurisdiction of the the court to try and decide the issues raised in the
court over the person of the defendant must be pleadings of the parties. (Reyes v. Diaz, G.R. No. L-
explicitly made, i.e., set forth in an equivocal 48754, 26 Nov. 1941)
manner. Failure to do so constitutes voluntary
submission to the jurisdiction of the court. (Rapid
II. JURISDICTION
a. All cases of forcible entry
All disputes involving parties who
and unlawful detainer
actually reside in the same city or
irrespective of the amount
municipality may be the subject of the
of damages or unpaid
proceedings for amicable settlement in
Purely civil in nature where the rentals sought to be
the barangay.
claim or relief prayed for by the recovered. Where
plaintiff is for payment or attorney’s fees are
The requirement of undergoing
reimbursement of a sum of awarded, the same shall
barangay conciliation proceedings
money where the value of the not exceed P100,000;
applies only to cases involving natural
claim does not exceed
persons, and not where any of the parties
P1,000,000, exclusive of b. All civil actions, except
is a juridical person such as a
interest and costs. (A.M. No. 08- probate proceedings,
corporation, partnership, corporation
8-7-SC) admiralty and maritime
sole, testate or intestate estate, etc. (Vda.
actions, and small claims
De Borromeo v. Pogoy, G.R. No. L-63277,
a. For money owed under any where the total amount of
29 Nov. 1983)
of the following: the plaintiff’s claim does
not exceed P2,000,000.00
If the only contending party is the
i. Contract of Lease; exclusive of interest
government or its instrumentality or
damages of whatever kind,
subdivision the case is exempted from
ii. Contract of Loan and attorney’s fees, litigation
the requirement of barangay conciliation
other credit expenses and costs. (A.M.
proceedings but when it (government or
accommodations; No. 08-8-7-SC)
its instrumentality or subdivision) is only
one of the contending parties, a
iii. Contract of Services; c. Complaints for damages
confrontation should still be undertaken
where the claims do not
among the other parties. (Gegare v. CA,
iv. Contract of Sale of exceed P2,000,000.00;
G.R. No. 83907, 13 Sept. 1989)
personal property,
excluding the recovery of d. Cases for the enforcement
NOTE: Barangay conciliation process is
the personal property, of barangay amicable
not a jurisdictional requirement, so that
unless it is made the settlement agreements
non-compliance therewith cannot affect
subject of a compromise and arbitration award
the jurisdiction which the court has
agreement between the where money claim
otherwise acquired over the subject
parties; or exceeds P1,000,000.00,
matter or over the person of the
provided that no execution
defendant. Such defense shall be raised
v. Contract of Mortgage has been enforced within 6
in the answer, otherwise, such objection
months from the
will be deemed waived. (Aquino v. Aure,
b. For liquidated damages settlement date or receipt
G.R. No. 153567, 18 Feb. 2008)
arising from contracts; and of award or the date when
the obligation becos due
Cases not covered by Barangay
c. The enforcement of a and demandable;
Conciliation
barangay amicable
settlement or an arbitration e. Cases solely for the revival
1. Where one party is the government
award involving a money of judgment of any first
or any subdivision or
claim which does not level court;
instrumentality thereof;
exceed P1,000,000.
2. Where one party is a public officer or
f. The civil aspect of
employee, and the dispute relates to
violations of BP 22 if no
the performance of his official
criminal action has been
functions;
instituted.
REMEDIAL LAW
3. Offenses punishable by
imprisonment exceeding one (1)
year or a fine exceeding P5,000.00;
REMEDIAL LAW
It can be instituted by filing the complaint by
III. CIVIL PROCEDURE personal service, by registered mail, by accredited
(A.M. No. 19-10-20-SC) courier, by electronic mail or other electronic means
as may be authorized by the Court. (Sec. 3, in relation
to Section 14(a), Rule 13, ROC, as amended)
Commencement of Civil Action It is one in which a party sues another for the
enforcement or protection of a right or the
A civil action is commenced by the filing of the prevention or redress of a wrong wherein it has
original complaint in court. If an additional special features not found in ordinary civil actions.
defendant is impleaded in a later pleading, the It is governed by ordinary rules but subject to
action is commenced with regard to him on the date specific rules prescribed under Rules 62-71. (Riano,
of the filing of such later pleading, irrespective of 2019)
whether the motion for its admission, if necessary,
is denied by the court. (Sec. 5, Rule 1, ROC, as
amended)