Remedial Law Review

REMEDIAL LAW
- Prescribesthe method of enforcing rights or

obtain redress for their invasions (Asuela vs. Lobrigo, GR
No. 226679, August 15, 2017)
SUBSTANTIVE LAW versus
REMEDIAL LAW
REMEDIAL LAW SUBSTANTIVE LAW
AS TO DEFINITION Prescribes the method of That part of the law which
enforcing rights or obtain creates, defines, and regulates
redress for their invasions rights, or which regulates the
rights and duties which give rise
to a cause of action
AS TO VESTED RIGHT No vested right may attach to, - Creates vested rights.
nor rise from, procedural laws.
- If the Rule takes away a
A person has no vested right in vested right, it is NOT
any particular remedy, and a procedural.
litigant cannot insist on the
application to the trial of his - If the Rule creates a right
case, whether civil or criminal such as the right to appeal, it
of any other than the existing may be classified as a
rules of procedure substantive matter; BUT if it
operates as a means of
POWER TO PROMULGATE PROCEDURAL
RULES
- is solely lodged with the Supreme Court

SCOPE OF THE RULE-MAKING
POWER OF THE SUPREME COURT
- To 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
- (Constitution, Art. VIII, Section 5, par. 5)

LIMITATIONS OF THE RULE-MAKING
POWER OF THE SUPREME COURT (SUN)
1. The rules shall provide a SIMPLIFIED and inexpensive procedure for the speedy
disposition of cases
2. The rules shall be UNIFORM for all courts of the same grade
3. The rules shall NOT : (DIM)
a. Diminish
b. Increase
c. Modify substantive rights (CONSTI., Art. VIII, Sec. 5, Par 5)
INSTANCES WHERE THE SUPREME COURT SUSPEND
ITS OWN RULES (EMA-FUR-GAPSID)
1. The EXISTENCE of special and compelling circumstances
2. The MERITS of the case
3. A cause not entirely ATTRIBUTABLE to the fault or negligence of the party favored by the suspension of rules
4. A lack of any showing that the review sought is merely FRIVOLOUS and dilatory
5. The other party will not be UNJUSTLY prejudiced thereby (Sarmiento vs. Zaratan, GR No. 167471, February
5, 2007)
6. To RELIEVE a litigant from an injustice not commensurate with his failure to comply with the prescribed
procedure
7. GOOD faith of the defending party by immediately paying within a reasonable time from the time of the default
8. Fraud, ACCIDENT, mistake or excusable negligence without appellant’s fault
9. PECULIAR legal and equitable circumstances attendant to each case
10. In the name of SUBSTANTIAL justice and fair play
11. IMPORTANCE of the issues involved
12. Exercise of sound DISCRETION by the judge guided by all the attendant circumstances
TO WHOM JUDICIAL POWER IS VESTED?
■ Vested in one Supreme Court and in such lower courts as may be established by law
(Section 5, Art. VIII, par 1 of the 1987 Constitution)
SCOPE OF THE JUDICIAL POWER
OF THE SUPREME COURT
- Includes the duty of the courts of justice to :
1. settle actual controversies involving rights which are legally demandable and
enforceable; and
2. Determine whether or not there has been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any brach or instrumentality of the gov’t
(Constitution, Art VIII, Section 1)
WHAT ARE THE DIFFERENT COURTS IN THE
PHILS EXERCISING JUDICIAL POWER
A. Constitutional Court - court which is established by the

Constitution
1. Supreme Court
b. Statutory Courts - courts which are established by law
1. Court of Appeals
2. Sandiganbayan
3. Court of Tax Appeals
4. Shari’ah Appellate Court
5. Regional Trial Court
6. Family Court
7. Shari’ah District Court
8. MTC/MetCTC/MCTC
9. Shari’ah Circuit Court
JURISDICTION
is defined as the power of the court to hear and decide cases and to execute the judgment
thereon.
TO WHOM JURISDICTION IS LODGED?
■ Jurisdiction is vested in court and not in the

judge
HOW TO DETERMINE JURISDICTION
■ Determinative of which regular court had jurisdiction would be the allegations of the
complaint (on the assessed value of the property) and the principal relief thereby sought.
(Petronilo J. Barayuga vs. Adventist University of the Philippines, GR No. 168008,
August 17, 2011)
CLASSIFICATIONS OF JURISDICTION
1. General
2. Special or Limited
3. Original
4. Exclusive
5. Exclusive Original
6. Appellate
7. Concurrent
8. Delegated
9. Territorial
ORIGINAL JURISDICTION versus
APPELLATE JURISDICTION
ORIGINAL JURISDICTION APPELLATE
JURISDICTION
AS TO NATURE Power of the court to take Power and authority conferred
judicial cognizance of a case upon a superior court to rehear
instituted for judicial action for and determine causes which
the first time under the have been tried in lower courts,
conditions prescribed by the law the cognizance which a superior
court takes of a case removed to
it, by appeal or writ of error,
from the decision of a lower
court , or the review by a
superior court of the final
judgment or order of some lower
courts
AS TO COURTS WHICH A court is one with original A court is one with appellate
HAVE SUCH JURISDICTION jurisdiction when actions or jurisdiction when it has the
proceedings are originally filed power of review over the
GENERAL JURISDICTION versus
SPECIAL JURISDICTION
GENERAL JURISDICTION SPECIAL JURISDICTION
AS TO NATURE Is the power of the court to Is one which restricts the court’s
adjudicate all controversies jurisdiction only to particular
EXCEPT those expressly cases and subject to such
withheld from the plenary limitations as may be provided
powers of the court. by the governing law.
It extends to all controversies It is confined to particular

which may be brought before a causes, or which can be
court within the legal bounds of exercised only under the
rights and remedies limitations and circumstances
prescribed by the statute
AS TO COURTS WHICH Are those with competence to Are those which have
HAVE SUCH JURISDICTION decide on their own jurisdiction jurisdiction only for a particular
and take cognizance of all cases, purpose or are clothed with
civil and criminal, of a particular special powers for the
nature. performance of specified duties
REGIONAL TRIAL COURT
■ is a court of GENERAL JURISDICTION

because all cases, the jurisdiction of which is not
specifically provided by law to be within the
jurisdiction of the RTC. (Durisol Philippines,
Inc. versus Court of Appeals, 377 SCRA 353)
CAN THE RTC DESIGNATED AS A
SPECIAL COMMERCIAL COURT
EXERCISE GENERAL JURISDICTION?
The matter of whether the RTC resolves an issue in the exercise of its general jurisdiction or
of its limited jurisdiction as a special court is only a matter of procedure and has nothing to
do with the question of jurisdiction.
SPECIAL COMMERCIAL COURTS are still considered courts of GENERAL

JURISDICTION
EXCLUSIVE JURISDICTION versus
CONCURRENT JURISDICTION
EXCLUSIVE CONCURRENT
JURISDICTION JURISDICTION
AS TO NATURE Is the power to adjudicate a case Is the power conferred upon
or proceeding to the exclusion of different courts, whether of the
all other courts at that stage same or different ranks, to take
cognizance at the same stage of
the same case in the same or
different judicial territories.
Where there is concurrent

jurisdiction, the court first taking
cognizance of the case assumes
jurisdiction to the exclusion of
the other courts
AS TO COURTS WHICH The following are examples of The following are examples of
HAVE SUCH JURISDICTION courts having exclusive original courts having concurrent
jurisdiction : original jurisdiction :
DELEGATED JURISDICTION
The grant of authority to inferior courts to hear

and determine cadastral and land registration
cases under certain conditions
COURTS EXERCISING DELEGATED
JURISDICTION
1. Metropolitan Trial Courts

2. Municipal Trial Courts
3. Municipal Circuit Trial Courts
TERRITORIAL JURISDICTION
It is the power and authority to exercise its power

within its territorial region.
EXAMPLE : The RTC exercises its power

within its judicial region.
OUTLINE OF THE JURISDICTION
OF COURTS
CIVIL CASES
IN CIVIL CASES
SUPREME COURT
Petitions for certiorari, prohibition or mandamus against :
1. Court of Appeals
2. COMELEC
EXCLUSIVE ORIGINAL 3. COA; Sandiganbayan
4. CTA
5. Disciplinary proceedings against members of the Bar and court
personnel
OF COURTS IN CIVIL CASES
CIVIL CASES SUPREME COURT
WITH THE RTC :
1. Cases affecting ambassadors, other public

ministers and consuls (Consti, Art. VIII, Sec.
5, Par. 1; BP Blg. 129, Sec 21, Par 2)
WITH THE CA :
a. Petitions for certiorari, prohibition or

mandamus against :
CONCURRENT JURISDICTION
1. RTC
2. CSC
3. Central Board of Assessement Appeals
4. NLRC
5. Other quasi-judicial agencies
CIVIL CASES SUPREME COURT
APPELLATE JURISDICTION By way of appeal by certiorari under Rule 45,
against the :
1. CA
2. Sandiganbayan
3. RTC on pure questions of law
4. In cases involving the constitutionaity or
validity of a law or treaty, international
agreement or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance, or regulation, legality
tax, impost, assessement, toll or penalty,
jurisdiction of a lower court
5. CTA en banc
COURT OF APPEALS
EXCLUSIVE ORIGINAL Actions for annulment of judgments of the RTC (BP Blg. 129, Sec. 9,
Par 2)
NOTE : The CA may act as a trial court in the following instances :
1. In annulment of judgments
2. When a motion for new trial is granted by the CA
3. A petition for habeas corpus shall be set for hearing
4. To resolve fcatual issues in cases within its original and appellate
jurisdiction
5. In cases of new trial based on only discovered evidence
6. In cases involving claims for damages arising fro provisional
remedies
7. In writ of amparo proceedings
8. In writ of kalikasan proceedings
9. In writ of habeas data proceedings
COURT OF APPEALS
CONCURRENT WITH THE SC :
a. Petitions for certiorari, prohibition or mandamus against :
1. RTC
2. CSC
3. Central Board of Assessement Appeals
4. NLRC
5. Other quasi-judicial agencies
b. Petitions for Writ of Kalikasan
WITH THE SC & RTC :
1. Petitions for Habeas Corpus

2. Petitions for Quo Warranto
COURT OF APPEALS
EXCLUSIVE APPELLATE 1. By way of ordinary appeal from the RTC and Family Courts
2. By way of petition for review from the RTC rendered in the

exercise of its appellate jurisdiction (ROC, Rule 42)
3. By way of petition for review from the decisions, resolutions,

orders or awards of the :
a. CSC
b. Office of the Ombudsman in administrative disciplinary cases
c. Other bodies mentioned in Rule 43
4. By way of ordinary appeal over decisions of MTCs in cadastral or

land registration cases pursuant to its delegated jurisdiction
OUTLINE OF THE JURISDICTION OF
COURTS IN CIVIL CASES
OLD RULE NEW RULE
SECTION 19 OF BP 129
(JUDICIARY
REORGANIZATION ACT OF
1980) as amended by RA 7691
EXCLUSIVE 1. In all civil actions in which the

ORIGINAL subject of the litigation is
incapable of pecuniary
estimation
HOW TO DETERMINE WHETHER THE SUBJECT MATTER IS INCAPABLE OF PECUNIARY ESTIMATION
- The Court has adopted the criterion of first ascertaining the nature of the principal action
or remedy sought.
- If it is primarily for the recovery of a sum of money, the claim is considered capable of
pecuniary estimation and whether jurisdiction is in the municipal courts or in the RTC would depend
on the amount of the claim
- However where the basic issue is something other than the right to recover a sum of
money, where the money claim is purely incidental to or a consequence of the principal relief sought,
this Court has considered such actions as cases where the subject of the litigation may not be
estimated in terms of money, and are now cognizable by the RTC.
- Well-entrenched is the rule that jurisdiction over the subject matter of a case is conferred
by law and is determined by the allegations in the complaint and the character of the relief sought,
irrespective of whether the party is entitled to all or some of the claims asserted. (Heirs of Juanita
Padilla vs. Dominador Magdua, GR No. 176858, September 15, 2010)
EXAMPLE OF CASES WHICH ARE
INCAPABLE OF PECUNIARY ESTIMATION
1. Action for Revival of Judgment
- As an action to revive raises issues of whether the petitioner has a right to have the final
and executory judgment revived and to have the judgment enforced and does not involve
recovery of a sum of money (Douglas F. Anama vs. CITIBANK, GR No. 192048, December
2017)
- However, cases solely for the revival of judgment of any MeTC, MTCC. MTC, MCTC
falls under the 1st level Court pursuant to the Rules on Expedited Procedures in the First Level
Courts
2. An action for specific performance
- An action for specific performance such as the suit to enforce the Agreement on joint
child custody, belong to this species of action.
3. Complaint for Nullity of Corporation’s Board Resolution
4. Action for declatory relief
5. Action for reformation of instrument
NOTE :
ALL actions which are incapable of pecuniary

estimation are cognizable by the RTC
EXCEPT the annulment of judgments which
is cognizable by the CA
OLD RULE NEW RULE
SECTION 19 OF BP 129 [ REPUBLIC ACT NO. 11576, July
(JUDICIARY 30, 2021 ]
REORGANIZATION ACT OF AN ACT FURTHER EXPANDING
1980) as amended by RA 7691 THE JURISDICTION OF THE
METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL
TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL
COURTS, AMENDING FOR THE
PURPOSE BATAS PAMBANSA
BLG. 129, OTHERWISE KNOWN
AS “THE JUDICIARY
1980,” AS AMENDED
EFFECT IF THE ASSESSED VALUE OF THE PROPERTY IS NOT ALLEGED IN
THE COMPLAINT
HEIRS OF LATE SPS. RAMIRO VS. SPS. BACARON, GR. NO. 196874,
FEBRUARY 6, 2019
- It is clear from their amended complaint that while respondents claim that their
amended complaint before the RTC is denominated as one for the declaration of validity of
the Deed of Sale and for specific performance , the averments in their amended complaint
and the character of the reliefs sought therein reveal that the action primarily involves title
to or possession of real property.
- An action involving title to real property means that the plaintiff’s cause of
action is based on a claim that he owns such property or that he has the legal rights to have
exclusive control, possession, enjoyment or disposition of the same.
OLD RULE NEW RULE
SECTION 19 OF BP 129 [ REPUBLIC ACT NO. 11576,
(JUDICIARY July 30, 2021 ]
EXCLUSIVE ORIGINAL (3) In all actions in admiralty “(3) In all actions in admiralty
and maritime jurisdiction and maritime jurisdiction where
where he demand or claim the demand or claims exceeds
exceeds One hundred Two million pesos
thousand pesos (P2,000,000.00)
(P100,000.00) or , in Metro
Manila, where such demand
or claim exceeds Two
hundred thousand pesos
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL (4) In all matters of probate, (4) In all matters of probate,
both testate and intestate, both estate and intestate, where
where the gross value of the the gross value of the estate
estate exceeds One hundred exceeds Two million pesos
thousand pesos (P2,000,000.00)
(P100,000.00) or, in probate
matters in Metro Manila,
where such gross value
exceeds Two hundred
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL
(5) In all cases not within the
exclusive jurisdiction of any
court, tribunal, person or body
exercising jurisdiction or any
court, tribunal, person or body
exercising judicial or quasi-
judicial functions;
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL 6. In all other cases in which (6) In all other cases in which
the the demand, exclusive of
demand, exclusive of interest, damages of whatever
interest, kind, attorney’s fees, litigation
damages of whatever kind, expenses and costs or the value
attorney's fees, litigation of the property in controversy
expenses, and costs or the exceeds Two million pesos
value (P2,000,000.00).
of the property in controversy
NOTES
The gross value, claim or demand is EXCLUSIVE of Interest, Damages of whatever kind,
Attorney’s fees, Litigation Expenses and Costs (IDALEC), the amount of which must be
SPECIFICALLY ALLEGED
PROVIDED :
That IDALEC shall be included in the determination of the filing fees.

The EXCLUSION of the term “damages
of whatever kind”
-Applies to cases where the damages are merely
incidental to or a consequence of the main cause of
action
HOW TO DETERMINE JURISDICTION IN AN
ACTION FOR DAMAGES?
IRENE SANTE AND REYNALDO SANTE VS. HON. EDILBERTO T.

CLARAVALL, in his capacity as PJ of Branch 60, RTC of Baguio City and Vita N.
Kalashian, GR no. 173915, February 22, 2010
- In Mendoza vs. Soriano, it was held that in cases where the claim for damages is
the main cause of action, or one of the causes of action, the amount of such claim shall be
considered in determining the jurisdiction of the court.
- The TOTAL AMOUNT of monetary claims including the claims for

damages was the basis to determine the jurisdictional amount.
EXCLUSIVE ORIGINAL Under Section 5.2 of the SEC to hear and decide :
a. Cases involving devices or schemes employed by any acts of the

board of directors, business associates, its officers or partnership
amounting to fraud and misrepresentation
b. Intra-corporate controversies
c. Controversies in the elections or appointments of directors, trustees,
officers or managers f corporations, partnerships, or associations
d. Petitions of corporations, partnerships or associations to be declared
in the state of suspension of payments
SPECIAL SC may designate certain branches of RTC to handle exclusively
criminal cases, juvenile and domestic relations cases, agrarian cases,
urban land reform cases which do not fall under the jurisdiction of
any quasi-judicial bodies and agencies and other special cases as the
SC may determine in the interest of speedy and efficient
administration of justice
CONCURRENT WITH THE SC :
Cases affecting ambassadors, other public ministers and consuls
WITH THE SC & CA
1. Petitions for Habeas Corpus

2. Petitions for Quo Warranto
3. Petitions for certiorari, prohibition or mandamus against inferior courts
and other bodies
4. Petitions for continuing mandamus
WITH THE SC, CA & Sandiganbayan
1. Petitions for Writ of Amparo

2. Petitions for Writ of Habeas Data
APPELLATE All cases decided by the MeTCs, MTCs and MCTCs in their respective
territorial jurisdiction EXCEPT decisions of lower courts in the exercise
of delegated jurisdiction
MUNICIPAL TRIAL COURT
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL (1) Exclusive original “(1) Exclusive original

jurisdiction over civil actions jurisdiction over civil actions
and probate proceedings, testate and probate proceedings, testate
and intestate, including the grant and intestate, including the grant
of provisional remedies in of provisional remedies in
proper cases, where the value of proper cases, where the value of
the personal property, estate, or the personal property, estate, or
amount of the demand does not amount of the demand does not
exceed One hundred thousand exceed Two million pesos
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL "(2) Exclusive original

jurisdiction over cases of
forcible entry and unlawful
detainer: Provided, That when,
in such cases, the defendant
raises the questions of
ownership in his pleadings and
the question of possession
cannot be resolved without
OLD RULE NEW RULE
EXCLUSIVE ORIGINAL "(3) Exclusive original “(3) Exclusive original

jurisdiction in all civil actions jurisdiction in all civil actions
which involve title to, or which involve title to, or
possession of, real property, or possession of, real property, or
any interest therein where the any interest therein where the
assessed value of the property or assessed value of the property or
interest therein does not exceed any interest therein does not
Twenty thousand pesos exceed Four hundred thousand
(P20,000.00) or, in civil actions pesos (P400,000.00) exclusive
EXAMPLES of cases involving title to or possession
of, real property, or any interest therein
1. Recovery of ownership of land
2. Reconveyance of real property, removal of cloud in a title of property , cancellation of title of real
property
- Shall fall within the jurisdiction of the MTC or the RTC depending upon the assessed value of the
land involved.
3. Accion Publiciana (Bar Examination 2010)
- Depends upon the assessed value of the land involved.
- The case will not be covered by a summary proceeding because it is no longer a case of unlawful
detainer or forcible entry
4. Accion Reinvindicatoria
- Depends upon the assessed value of the land involved (Hilario vs. Salvador, 457 SCRA 815)
- This action like Accion Publiciana is NO longer the exclusive domain of the RTC
5. Action for Quieting of title or removal of clouds
- Under the former law, these cases were under the jurisdiction of the RTC and is also considered as
actions incapable of pecuniary estimation.
NEW RULE
[ REPUBLIC ACT NO. 11576,
July 30, 2021 ]
IN ORDINARY CIVIL
ACTION CASES
EXCLUSIVE ORIGINAL “(4) Exclusive original
jurisdiction in admiralty and
maritime actions where the
demand or claim does not
exceed Two million pesos
(P2,000,000.00).”
Inclusion and exclusion of

voters (B.P. 881, Section 138)
B. CASES UNDER THE RULES ON SUMMARY PROCEDURE
A.M. No. 08-8-7-SC March 1, 2022
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS
A. CIVIL CASES (1) Summary Procedure Cases, as follows:
(a) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals
sought to be recovered. Where attorney's fees are awarded, the same shall not exceed One
Hundred Thousand Pesos (Pl00,000.00).
(b) All civil actions, EXCEPT probate proceedings, admiralty and maritime actions, and small claims
cases falling under Rule IV hereof, where the total amount of the plaintiff's claim does not exceed Two
Million Pesos (2,000,000.00), exclusive of interest damages of whatever kind, attorney's fees,
litigation expenses and costs .
(c) Complaints for damages where the claim does not exceed Two Million Pesos (P2,000,000.00),
B. CASES UNDER THE RULES ON SUMMARY PROCEDURE
A.M. No. 08-8-7-SC March 1, 2022
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS
SMALL CLAIMS CASES
(2) Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos
(P1,OOO,OOO.OO) exclusive of interest and costs.
A "small claim" is an action that is purely civil in nature where the claim or relief raised by the
plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking
other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled
with provisional remedies.
The claim or demand may be:

SPECIAL Petition for Habeas Corpus or application for bail in criminal cases in
the absence of all RTC judges in the province or city
DELEGATED May be assigned by the SC to hear cadastral or land registration cases

where :
1. There is no controversy or opposition over the land

2. In case of contested lands, the value does not exceed Php100,000
CASES COVERED BY THE RULES ON
BARANGAY CONCILIATION (A.C. 14-93)
All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and
prior recourse thereto is a pre-condition before filing a complaint in court or any government offices
EXCEPT :
1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of his
official
functions;
3. Where the dispute involves real properties located in different cities and municipalities, unless the
parties
thereto agree to submit their difference to amicable settlement by an appropriate Lupon;
4. Any complaint by or against corporations, partnership or juridical entities, since only individuals shall
be
parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI,
Katarungang Pambarangay Rules);
CASES COVERED BY THE RULES ON
BARANGAY CONCILIATION (A.C. 14-93)
7. Offenses where there is no private offended party;
8. Disputes where urgent legal action is necessary to prevent injustice from being committed or
further
continued, specifically the following:
a. Criminal cases where accused is under police custody or detention (see Sec. 412
(b) (1),
Revised Katarungang Pambarangay Law);
b. Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another
or a person illegally deprived or on acting in his behalf;
c. Actions coupled with provisional remedies such as preliminary injunction,

attachment,
delivery of personal property and support during the pendency of the action; and
DOCTRINES AND PRINCIPLES
ON JURISDICTION
1. RESIDUAL POWER OR JURISDICTION OF
THE COURT
■ Prior to the transmittal of the original records of the case to the CA, the RTC may issue
orders for the protection and preservation of the rights of the prevailing party
■ SECTION 9, RULE 41 OF THE RULES explains that the court of origin loses its
jurisdiction over the case only upon the perfection of the appeal filed in due time by the
appellant and the expiration of the time to appeal of the other parties. Withal, prior to
the transmittal of the original records of the case to the CA, the RTC may issue orders
for the protection and preservation of the rights of the prevailing party, as in this case,
the issuance of the writ of execution because the respondent’s appeal was not perfected.
(Agustus Gonzales and Spouses Nestor Victor and Maria Lourdes Rodriguez vs.
Quirico Pe, GR No. 167398, August 9, 2011)
2. DOCTRINE OF PRIMARY JURISDICTION
■ Court must refrain from determining a controversy involving a question which is within
the jurisdiction of the administrative tribunal, where the question demands the exercise
of sound administrative discretion requiring the special knowledge, experience and
services of the administrative tribunal on technical and intricate matters of fact.
■ Acts and decision of the court is NULL AND VOID if it is in violation of the Doctrine
of Primary Jurisdiction.
3. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
■ No court can interfere by injunction with the judgment or orders of another court of
concurrent jurisdiction having the power to grant the relief sought by injunction.
■ It also bars a court from reviewing or interfering with the judgment of a co-equal court
over which it has no appellate jurisdiction or power of review
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY
■ EXCEPTION :
- where a third-party claimant is involved (Santos vs. Bayhon, GR No. 88643,

July 23, 1991)
WHY IS THE DOCTRINE OF NON-
INTERFERENCE ALSO APPLICABLE TO
ADMINISTRATIVE PROCEEDINGS
- Settled is the rule that where the law provides for an appeal from the decisions of administrative
bodies to the Supreme Court or the CA, it means that such bodies are co-equal with the RTC in
terms of rank and stature and logically, beyond the control of the latter.
- Hence, the trial court cannot interefere with the decisions of such administrative bodies
(Philippine Sinter Corp vs. Cagayan Electric Power & Light Co., Inc., GR No. 127371,
April 25, 2002)
4. DOCTRINE OF HIERARCHY OF
COURT (2017 Bar Exams)
■ A direct resort to a higher court will not be

allowed, unless the remedy is first availed
of at the lower court.
DOCTRINE OF HIERARCHY OF
EXCEPTIONS : COURT
(G-TICER-NP)
1. When there are Genuine issues of constitutionality that

must be addressed at the most immediate time
2. When the issues involved are of Transcendental importance
3. Cases of first Impression
4. The Constitutional issues raised are better decided by the
Court
5. Exigency in certain situations
5. DOCTRINE OF ADHERENCE TO
JURISDICTION
- The doctrine provides that once a court has acquired jurisdiction, such jurisdiction cannot
be ousted by subsequent events, although of a character which would have prevented
jurisdiction from attaching in the first instance.
- Once jurisdiction has been acquired, it continues until the court finally disposes of the
case (Barrameda vs. Rural Bank of Canaman, Inc. GR No. 176260, November 24, 2010)
DOCTRINE OF ADHERENCE TO
JURISDICTION
EXCEPTIONS :
1. When the new law expressly provides for a retroactive application

2. When the change of jurisdiction is curative in character
6. LACHES
■ Failure or neglect, for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence, could or should have been done earlier
■ It is negligence or omission to assert a right within a reasonable time, warranting the

presumption that the party entitled to assert it either has abandoned or declined to assert
it.
DOCTRINE OF ESTOPPEL BY LACHES
OR EQUITABLE ESTOPPEL
■ The active participation of the party against whom the action was brought, coupled with his
failure to object to the jurisdiction of the court or administrative body where the action is
pending, is tantamount to an invocation of that jurisdiction
7. DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
■ The thrust of the rule is that courts must allow

administrative agencies to carry out their
functions and discharge their responsibilities
within the specialized areas of their respective
competence.
7. DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
- If a remedy within the administrative machinery can be resorted to by giving the

administrative officer every opportunity to decide on a matter that comes within his
jurisdiction, then such remedy must be exhausted first before the court’s power of judicial
review can be sought
- The premature resort to the court is fatal to one’s cause of action
- Absent any finding of waiver or estoppel, the case may be dismissed for lack of
cause of action.
PAYMENT OF FILING OR DOCKET FEES
IS JURISDICTIONAL
■ It is not simply the filing of the compliant that vests the court with jurisdiction over the
action filed but also by the payment of the prescribed docket fee.
■ The Supreme Court in several cases, has held that a court acquires jurisdiction over the
case ONLY upon payment of the said fees (NESTLE PHILS, INC VERSUS FY
SONS, INC., GR NO. 150789, MAY 5, 2006)
■ HOWEVER, that ruling was RELAXED in SUN INSURANCE VS. COURT OF APPEALS
(149 SCRA 562), when the Court made a liberal interpretation of the rule by ALLOWING A
LATE PAYMENT OF THE DOCKET FEE as long as it should be made beyond the action’s
prescriptive period.
■ That any unpaid fees, should be considered a LIEN on the judgment. In this case, there is no
evidence that the plaintiff tried to evade the payment of the docket fees.
■ While the timely payment of docket fees is jurisdictional, considerations of equity also come into
the picture. (Yuchengco vs. Republic, 333 SCRA 368)
MANNER OF ACQUIRING JURISDCITION
BY THE COURT
In order for the a judgment to be valid, it must be rendered by a court having jurisdiction
over the following :
1. Over the subject matter of the action

2. Over the parties
3. Over the issues
4. Over the remedies
5. Over the res or thing
1. JURISDICTION OVER THE SUBJECT
MATTER
- Is the power to hear and determine cases of the general class to which the proceedings
in question belong and is conferred by the sovereign authority which organizes the court
and defines its powers. (Mitsubishi Motors vs. Bureau of Customs, GR No. 209830,
June 17, 2015)
JURISDICTION OVER THE SUBJECT
MATTER
■ The Court wrote in Allied Domecq Philippines, Inc. versus Villon :
■ Jurisdiction over the subject matter is the power to hear and determine the general class to which
the proceedings in question belong.
■ It is conferred by law and not by the consent or acquiescence of any or all of the parties or by
erroneous belief of the court that it exists.
■ Basic is the rule that jurisdiction over the subject matter is determined by the cause or causes of
action as alleged in the complaint. (Danilo S. Ursua vs. Republic of the Philippines, GR No.
178193, January 24, 2012)
HOW CAN THE COURT ACQUIRE JURISDICTION OVER THE
SUBJECT MATTER OF THE CASE (Bar Examination 2015)
■ It is axiomatic that the nature of an action and whether the tribunal has jurisdiction over such action
are to be determined from the :
1. Material allegations of the complaint

2. Law in force at the time the complaint is filed
3. Character of the relief sought irrespective of whether the plaintiff is entitled to all or some of the
claims averred
■ Jurisdiction is not affected by the pleas or the theories set up by the defendant in the answer to the
complaint or a motion to dismiss the same
■ (Republic of the Philippines, rep by the Regional Executive Director of the DENR, Regional
Office No. 3 versus Roman Catholic Archbishop of Manila/Samahang Kabuhayan ng San
Lorenzo KKK, Inc., rep. by its Vice President Turla vs. Roman Catholic Archbishop of Manila,
GR No. 192975 / GR No. 192994, November 12, 2012)
CAN THE DEFENSES IN THE ANSWER BE
CONSIDERED TO DETERMINE JURISDICTION
OVER THE SUBJECT MATTER?
■ The jurisdiction of the court cannot be made to depend upon the defenses set up in the
answer or upon the motion to dismiss, for otherwise, the question of jurisdiction would
almost entirely depend upon the defendant.
■ What determines the jurisdiction of the court is the nature of the action pleaded as
appearing from the allegations in the complaint. The averments in the complaint and
the character of the relief sought are the matters to be consulted. (Fe V. Rapsing, Tita
C. Villanueva and Annie F. Aparejado, represented by Edgar Aparejado vs. Hon.
Judge Maximino R. Ables of RTC Branch 47, Masbate; SSGT. Edison Rural, et.
al., GR No. 171855, October 15, 2012)
INSTANCES WHICH CANNOT CONFER
JURISDICTION OVER THE SUBJECT
MATTER (UCC-PEASI)
1. Court’s UNILATERAL assumption of jurisdiction
2. CONTRACT
3. COMPROMISE
4. Agreement of the PARTIES
5. ERRONEOUS belief of the court that it exists
6. ACQUIESCENCE of the court
7. SILENCE, waiver or failure to object
8. Court ISSUANCES
OBJECTIONS TO JURISDICTION OVER
THE SUBJECT MATTER; WHEN CAN THE
ISSUE OF JURISDICTION BE RAISED?
GENERAL RULE :
- Lack of jurisdiction is a serious defect that may be raised anytime, even for the first time on
appeal, since it is a defense that is not subject to waiver.
EXCEPTIONS
1. Estoppel by laches (Tijam vs. Sibonghanoy, G.R. No. L-21450, April

15, 1968)
2. Estoppel by deed or Estoppel in pais (Soliven vs. Fastforms, G.R. No. 139031,
October 18, 2004)
- The doctrine of estoppel by laches may operate to bar jurisdiction challenges.

(Soliven vs. Fastforms, G.R. No. 139031,
October 18, 2004)
- A party assailing jurisdiction must raise it at the first opportunity.
-
- While an order or decision rendered without jurisdiction is a total nullity and may be
assailed at any stage, a party’s active participation in the proceedings without
questioning the jurisdiction until later, especially when an adverse judgment has been
rendered (will bar or estop such party from attacking the court’s jurisdiction. Settled
rule : a party cannot invoke the jurisdiction of the court to secure affirmative relief
against his opponent and after failing to obtain such relief, repudiate such jurisdiction
(Salva vs CA, GR No. 132250, March 11, 1999)
WHEN IS THE EARLIEST OPPORTUNITY
TO RAISE THE ISSUE OF JURISDICTION?
RULE 15, SEC 12(a)
- The earliest opportunity of a party to raise the issue of jurisdiction is in MOTION

TO DISMISS filed before the filing or service of an answer. Lack of jurisdiction over the
subject matter is a ground for a motion to dismiss.
RULE 6, SEC 5(b)
- If no motion to dismiss is filed, the defense of lack of jurisdiction may be raised as

an affirmative defense in the answer
OMNIBUS MOTION RULE
RULE 15, SEC 9, in relation to RULE 9, SEC. 1)
- A motion attacking a pleading like a motion to dismiss shall include ALL grounds available and ALL
objections NOT so included shall be deemed WAIVED.
EXCEPT :
1. Lack of jurisdiction over the subject matter

2. Litis pendentia
3. Res judicata
4. Prescription
(Tijam vs. Sibonghanoy, G.R. No. L-21450,
April 15, 1968)
FACTS :
- Lack of jurisdiction was raised for the first time only in a motion for reconsideration
filed before the CA 15 years after the commencement of the action. Prior thereto, the party
that belatedly raised the jurisdictional issue had actively participated in the court
proceedings before the trial and appellate courts, seeking affirmative relief and, thereafter,
submitting the case for adjudication on the merits
HEIRS OF BERTULDO HINOG versus
MELICOR, GR No. 140954, April 12, 2005
- After recognizing the jurisdiction of the trial court by seeking affirmative relief in their
motion to serve supplemental pleading upon private respondents, petiitoners are effectively
barred by estoppel from challenging the trial court’s jurisdiction. If a party invokes the
jurisdiction of a court, he cannot thereafter challenge the court’s jurisdiction in the same
case. To rule otherwise would amount to speculating on the fortune of litigation, which is
against the policy of the Court.
Estoppel will not operate to confer jurisdiction
upon a court, save in the most exceptional of
cases
- Where the circumstances of a particular case are comparable to those attendant in Sibonghanoy,
jurisdictional issues may no longer be entertained and the doctrine of estoppel by laches will
effectively bind the parties to the judgment rendered therein regardless of whether the dispensing
court was vested with jurisdiction by statute.
2. JURISDICTION OVER THE PARTIES; HOW
ACQUIRED?
OVER THE PLAINTIFF OVER THE DEFENDANT
By the filing of the complaint, petition or initiatory 1. By the voluntary appearance or submission by the
pleading before the court by the plaintiff or petitioner defendant or respondent to the court
and the payment of the docket and other lawful fees.
2. By a coercive process issued by the court to him
generally by a valid service of summons.
RAPID CITY REALTY AND DEVELOPMENT
CORPORATION VS. ORLANDO VILLA AND LOURDES
PAEZ VILLA, GR NO. 184197, FEBRUARY 11, 2010
■ One who seeks an affirmative relief is deemed to have submitted to the jurisdiction of the court.
■ The following are considered as voluntary submission to the court’s jurisdiction :
a. Filing of motions to admit answer

b. For additional time to file answer
c. For reconsideration of a default judgment
d. Lift order of default with motion for reconsideration
■ This however is tempered by the concept CONDITIONAL APPEARANCE, such that a party who makes a special
appearance to challenge the court’s jurisdiction over his person CANNOT be considered to have submitted to its authority.
3. JURISDICTION OVER THE ISSUE OF THE
CASE
- This is determined and conferred :
a. by the pleadings filed in the case by the parties

b. by their agreement in a pre-trial order or stipulation
c. by their implied consent as by the failure of a party to object to evidence on an
issue not covered by the pleadings
BUCE VS. COURT OF APPEALS, 332 SCRA 151
- This jurisdiction means that the court must only pass upon issues raised by the
pleadings of the parties.
- Hence, if the issue raised by the parties is possession, the court has no
jurisdiction to pass upon the issue of ownership because it is not an issue in the case.
- Conversely, if the issue in the case is ownership and no issue of possession is
found in the pleadings of the parties, the court has no authority to adjudicate on the
possession of the property. Thus, it is not correct for the court to order the lessee to vacate
the premises where the lessor did not include in his pleadings a claim for restoration of
possession
4. JURISDICTION OVER THE
REMEDIES
- depends on the principal relief sought.
- The nature of an action as well as which court or body has jurisdiction over it, is
determined based on the allegations contained in the Complaint of the plaintiffs. The
averments in the Complaint and the character of the relief sought are the ones to be
consulted. (Cabrera vs. Francisco, GR No. 172293, August 28, 2013)
EXAMPLE :
BREACH OF CONTRACT a. Specific performance or

rescission of contract
incapable of pecuniary
estimation RTC
b. Complaint for damages

depends on the total
amount of the damages
claimed.
5. JURISDICTION OVER THE RES
Acquired either :
a. By the seizure of the property under legal process, whereby it is brought into actual
custody of the law (e.g. attachment)
b. As a result of the institution of legal proceedings, in which the power of the court is
recognized and made effective (e.g. suits involving the status of parties or property of
a non-resident defendant)
RULE 1
GENERAL PROVISIONS
- The rules embodied in the Rules of Court are NOT laws since they did not
emanate from the legislature but since they were promulgated under the authority of law,
such rules have the force and effect of laws.
RULE 1 , Section 2. In what courts
applicable.
- These Rules shall apply in all the courts,

except as otherwise provided by the Supreme
Court.
RULE 1, Section 4. In what cases not
applicable.
- These Rules shall not apply to :
a. election cases,
b. land registration,
c. cadastral,
d. Naturalization, and
e. insolvency proceedings, and
f. other cases not herein provided for
EXCEPT :
1. by analogy or in a suppletory character, and

2. whenever practicable and convenient. (4)
Rule 1, Section 3. Cases governed.
- These Rules shall govern the procedure to be observed in actions, civil or criminal, and
special proceedings.
(a) A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.
A civil action may either be ordinary or special. Both are governed by the rules for ordinary
civil actions, subject to the specific rules prescribed for a special civil action.
(b) A criminal action is one by which the State prosecutes a person for an act or
omission punishable by law.
(c) A special proceeding is a remedy by which a party seek s to establish a status, a
right, or a particular fact. (3)
DISTINCTIONS : (2006 BAR
EXAMINATIONS)
CIVIL ACTION CRIMINAL ACTION SPECIAL PROCEEDING
1. AS TO DEFINITION
One by which the State prosecutes a person A remedy by which a party seek s to
One by which a party sues another for the for an act or omission punishable by law. establish a status, a right, or a particular fact.
enforcement or protection of a right, or the
prevention or redress of a wrong.
1. AS TO GOVERNING RULES:
Governed by Rules 110-127 of the Revised Governed by Rules 72-109 of the Rules of
Governed by Rules 1-71 Rules of Criminal Procedure and rules on Court and rules on ordinary civil actions
ordinary civil actions applies in suppletory applies in suppletory character.
character.
1. AS TO BASIS Based on acts or omission in violation of Based on particular fact, status, or a right
Based on a cause of action penal laws sought to be established.
1. AS TO THE NATURE
It is adversarial and prosecutorial in nature As a rule, it is non-adversarial except when
The proceeding is adversarial since it there is an oppositor/respondent
involves two contending parties
1. AS TO PARTIES State versus accused Petitioner EXCEPT when opposed, the

In Preliminary Investigation, the complainant OPPOSITOR or respondent
KINDS OF CIVIL ACTIONS ( As to Cause or
Foundation) - important in determining VENUE
A. PERSONAL ACTIONS
- seeks the recovery of personal property, enforcement of a contract or recovery of

damages.
VENUE : place where defendant or any of defendants resides or may be found, or where
plaintiffs or any of plaintiffs resides, AT THE ELECTION of plaintiff
TRANSITORY : may be filed in any place or places where parties may reside
B. REAL ACTIONS
- Seeks the recovery of real property, or an action affecting title to property, or for
recovery of possession, or for partition or condemnation of or foreclosure of mortgage
on real property.
VENUE : province or city where property or any part thereof lies.
LOCAL : may be filed in a fixed place, where property or any part thereof
lies.
LOCAL VS. TRANSITORY ACTIONS
LOCAL ACTION TRANSITORY ACTION

is an action which is required by the rules to be is an action the venue of which is dependent
instituted in a particular place in the absence of generally upon the residence of the parties
any agreement to the contrary. regardless of where the cause of action arose
An action to be commenced and tried in the Is one which depends upon the residence of the
proper court having jurisdiction over the area plaintiff or the defendant regardless of where the
wherein the real property involved, or a portion cause of action arose subject to Section 4 of Rule
thereof, is situated, in the absence of agreement to 4
the contrary
EXAMPLE : Real Action Example : Personal Action
ACTIONS IN REM, IN PERSONAM and QUASI
IN REM (Important in service of summons)
KINDS OF CIVIL ACTIONS (AS TO OBJECT)

IN PERSONAM IN REM QUASI IN REM
AS TO WHOM DIRECTED - Against a person on the - Against the res or thing Against an individual named
basis of his personal liability. itself, instead of against as defendant, to subject hi
the person sinterest therein to obligation
- Against particular persons or lien burdening property.
NOTE : The phrase “against
the thing” is a metaphor. It - Directed against particular
is NOT the thing that is the persons
party to an in rem action;
only legal or natural persons
may be parties even in in
rem actions.
AS TO THE EFFECT IN Judgment is binding only Judgment is binding upon Judgment is binding only
Jesse U. Lucas vs. Jesus S. Lucas, GR No. 190710, June 6, 2010
- In action in personam, jurisdiction over the person of the defendant is necessary for the court to validly try and
decide the case.
- In proceeding in rem or quasi in rem, or quasi in rem, jurisdiction over the person of the defendant is NOT a
prerequisite to confer jurisdiction on the court, PROVIDED THAT the court has jurisdiction OVER THE RES.
- JURISDICTION OVER THE RES is acquired either :
a. By the seizure of the property under legal process, whereby it is brought into actual custody of the law;
b. As a result of the institution of legal proceedings, in which the power of the court is recognized and
made effective.
RULE 2
CAUSE OF ACTION
Section 1. Ordinary civil actions, basis of
- Every ordinary civil action must be based on a

cause of action. (1)
MEANING OF CAUSE OF ACTION
Section 2. Cause of action, defined.
- A cause of action is the act or omission by which

a party violates a right of another. (2)
BASIC RULE IN FILING OF ACTION
-For one cause of action, file only one action or

suit.
ELEMENTS OF A CAUSE OF ACTION
(Butuan Development Corporation versus The 21st Division of the Hon. Court of Appeals, et. al, GR No. 197358,
April 5, 2017 )
1. There is a right in favor of the plaintiff by whatever means and under whatever law it arises or
is created
2. An obligation on the part of the named defendant to respect or not to violate such right
3. An act or omission on the part of such defendant in violation of the right of the plaintiff or
constituting a breach of the obligation of the defendant to the plaintiff for which the latter may
maintain an action for recovery of damages or other appropriate relief.
The last element is the most important element of a cause of action

CAUSE OF ACTION VERSUS
RIGHT OF ACTION
CAUSE OF ACTION RIGHT OF ACTION
1. Reason for bringing an action 1. remedy for bringing an action

2. Formal statement of the operative facts that 2. The remedial right to litigate because of the
give rise to remedial rights operative facts
3. Matter of procedure and is governed by the 3. Matter of right and depends on substantive law
pleadings filed by the parties
4. Not affected by affirmative defenses (fraud, 4. Affected by affirmative defenses
prescription, estoppel, etc.
FAILURE TO STATE A CAUSE OF ACTION
versus LACK OF CAUSE OF ACTION
FAILURE TO STATE A CAUSE LACK OF CAUSE OF
OF ACTION ACTION
AS TO HOW IT IS Can be determined only from the It can be resolved only on the
DETERMINED allegations in the initiatory basis of the evidence he has
pleading and not from evidentiary presented in support of his claim
or other matters aliunde
AS TO APPLICABILITY Where the complaint does NOT Where the evidence does not
allege a sufficient cause of action sustain the cause of action
alleged
AS TO WHEN IT MAY BE May be raised as an affirmative Is raised in a demurrer to
RAISED defense in the answer (ROC, Rule evidence under Rule 33 after the
8, Sec 12) plaintiff has rested his case.
Failure to raise the affirmative

defense at the earliest opportunity
shall constitute a waiver thereof
TEST OF THE SUFFICIENCY OF A
CAUSE OF ACTION
HOW TO DETERMINE CAUSE OF ACTION
- By the facts alleged in the complaint.
ONLY ISSUE : admitting such alleged facts to be true, may the court render a valid
judgment in accordance with the prayer in the complaint?
In determining whether the complaint states a cause of action, the annexes attached to the
complaint may be considered, they being part of the complaint.
AC Enterprise vs. Frabelle Properties
Corp., GR No. 166744, November 2, 2006
- The inquiry is into SUFFICIENCY, not the veracity of the material allegations.
- If the allegations in the complaint furnish sufficient basis on which it can be maintained,
it should NOT be dismissed regardless of the defenses that may be presented by
defendants.
Santos vs. Gran, GR No. 197380,
October 8, 2014
- A pleading should state the ultimate facts essential to the rights of action or defense
asserted as distinguished from mere consclusions of fact or conclusions of law.
SPLITTING A CAUSE OF ACTION
AND ITS EFFECTS
RULE 2, Section 4. Splitting a single cause of action; effect of
- If two or more suits are instituted on the basis of the same cause of action, the
filing of one or a judgment upon the merits in anyone is available as a ground for the
dismissal of the others. (4)
DEFINITION OF SPLITTING A
CAUSE OF ACTION
- is the act of instituting two or more suits for the same cause of action.
- is the act of dividing a single cause of action, claim or demand into two or more
parts, and bringing suit for one of such parts only, intending to reserve the rest for
anotghgvher separate action. (Quadra vs. CA, GR No. 147593, July 31, 2006)
REMEDIES OF TE DEFENDANT IF A SINGLE
CAUSE OF ACTION HAS BEEN SPLIT
1. Move to DISMISS on the grounds of :
a. Litis pendentia
b. Res judicata
2. File an answer alleging the afore-mentioned grounds as affirmative defenses

EFFECT OF SPLITTING OF CAUSE OF ACTION
■ If two or more suits are instituted on the basis of the same cause of action, the filing of
one or a judgment upon the merits in anyone is available as a ground for the
dismissal of the others.
Lajave Agricultural Management and
Development Enterprise, Inc vs. Spouses Agustin
Javellana and Florence Apilis-Javellana, GR No.
223785, November 7, 2018
■ Splitting a cause of action is a mode of FORUM SHOPPING by filing multiple cases based on
the same cause of action but with different prayers
TESTS TO ASCERTAIN WHETHER TWO
SUITS RELATE TO A SINGLE OR COMMON
CAUSE OF ACTION
1. Whether the same evidence would support and sustain both the first and second causes of action
2. Whether the defenses in one case may be used to substantiate the complaint in the other
3. Whether the cause of action in the second case existed at the time of the filing of the first
complaint
JOINDER OF CAUSES OF ACTION
RULE 2, Section 5. Joinder of causes of action.
- A party may in one pleading assert, in the alternative or otherwise, as many causes of action as
he may have against an opposing party, subject to the following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder of parties;
(b) The joinder shall not include special civil actions or actions governed by special rules;
(c) Where the causes of action are between the same parties but pertain to different venues
or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of
action falls within the jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. (5)
JOINDER OF CAUSES OF ACTION
-Is the assertion of as many causes of action as a

party may have against an opposing party in one
pleading alone.
REQUISITES FOR JOINDER OF
CAUSES OF ACTION
(a) The party joining the causes of action shall comply with the rules on joinder of parties;
- Must arise out of the same transaction or series of transactions and there is a
common question of fact or law.
EXAMPLE : A, owner of a property, can file an ejectment complaint

against B.C, and D who are occupying his property without his consent
CAUSES OF ACTION
(b) The joinder shall not include special civil actions or actions governed by special
rules;
- A party cannot join in an ordinary action any of the special civil actions
because SCA are governed by special rules.
Example : P500,000 collection cannot be joined with partition because

the latter is a SCA
CAUSES OF ACTION
(c) Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided
one of the causes of action falls within the jurisdiction of said court and the venue lies
therein;
CAUSES OF ACTION
(d) Where the claims in all the causes of action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction. (TOTALITY RULE)
NOTE : The totality rule applies only to the MTC - totality of claims cannot
exceed the jurisdictional amount of the MTC
= The is NO TOTALITY RULE for the RTC because its jurisdictional

amount is without limit.
SPLITTING OF CAUSE OF ACTION
versus JOINDER OF CAUSES OF ACTION
SPLITTING OF CAUSE OF JOINDER OF CAUSES OF
ACTION ACTION
AS TO THE NUMBER OF There is a single cause of action Contemplates several causes of

CAUSES OF ACTION action
AS TO ALLOWANCE BY THE Prohibited Encouraged
RULES
============
JOINDER OF CAUSES OF ACTION is ONLY
allowed for ORDINARY CIVIL ACTIONS.
■ The rule provides that a cause of action may

NOT be joined with :
A. SPECIAL CIVIL ACTIONS
■ Interpleader (Rule 62)
■ Declaratory Relief, reformation of instrument, quieting of title and consolidation of ownership
(Rule 63)
■ Certiorari over the final orders or judgments of the COMELEC or Audit (Rule 64)
■ Certiorari, prohibition and mandamus (Rule 65)
■ Petition for Quo Warranto (Rule 66)
■ Complaint for expropriation (Rule 67)
■ Complaint for foreclosure of Real Estate Mortgage (Rule 68)
■ Complaint for Partition (Rule 69)
■ Forcible Entry and Unlawful Detainer (Rule 70)
■ Contempt (Rule 71)
■ Writ of Kalikasan
■ Writ of continuing mandamus
■
B.
Probate of the will
SPECIAL PROCEEDINGS
■ Intestate estate proceedings
■ Escheat
■ Trustees
■ Guardianship of minors or incompetents and custody of minors
■ Adoption and Revocation of adoption
■ Hospitalization of insane person
■ Habeas Corpus
■ Change of Name
■ Declaration of absence and death
■ Correction of entries in the civil registry
■ Insolvency proceedings
■ Alternative Dispute Resolution
MISJOINDER OF CAUSES OF
ACTION
Section 6. Misjoinder of causes of action.
- Misjoinder of causes of action is NOT a ground for dismissal of an action. A misjoined

cause of action may, on motion of a party or on the initiative of the court, be severed
and proceeded with separately. (6)
Ada versus Baylon, GR No. 182435,
August 13, 2012
- Misjoinder of causes of action is NOT a ground for dismissal. The courts have the
power, acting upon the motion of the party to the case, to order the SEVERANCE of the
misjoined cause of action to be proceeded with SEPARATELY.
- If there is NO OBJECTION to the improper joinder or the court did not motu propio
direct a severance, then there exist no bar in the simultaneous adjusication of all the
erroneously joined causes of action.
Ada versus Baylon, GR No. 182435,
August 13, 2012
- The foregoing only applies if the court trying the case has jurisdiction over ALL OF
THE CAUSES OF ACTION therein notwithstanding the misjoinder of the same
- If the court trying the case has NO JURISDICTION over a misjoined cause of action,
then such misjoined cause of action has to be severed from the other causes of action,
and if not severed, any adjudication rendered by the court with respect to the same
would be a NULLITY.
PARTIES TO CIVIL ACTIONS
(RULE 3)
1. REAL PARTIES IN INTEREST (Section 2)

2. INDESPENSABLE PARTIES (Section 7)
3. REPRESENTATIVES AS PARTIES (Section 3)
4. NECESSARY PARTIES (Section 8)
5. INDIGENT PARTIES (Section 21)
6. ALTERNATIVE DEFENDANTS (Section 13)
Who may be parties; plaintiff and
defendant.
Section 1. Who may be parties; plaintiff and defendant.
- Only natural or juridical persons, or entities authorized by law

may be parties in a civil action.
- The term "plaintiff" may refer to the claiming party, the counter-
claimant, the cross-claimant, or the third (fourth, etc.)[-]party
plaintiff. The term "defendant "may refer to the original
defending party, the defendant in a counterclaim, the cross-
defendant, or the third (fourth, etc.) - party defendant. (1)
Who may be parties
A. NATURAL PERSONS
1. Must be of legal age and with capacity to sue (Art. 37, Civil
Code)
2. Husband and wife shall sue and be sued jointly (Rule 3, Sec. 4)
3. Minor or incompetent - with the assistance of the father, mother,

guardian, or if he has none, a guardian ad litem (Rule 3, Sec. 5)
4. Non-resident
Who may be parties
B. JURIDICAL PERSONS (Art. 44, Civil Code)
1. State and its political subdivisions
2. Other corporations, institutions and entities for public interest and purpose, created by law
(GOCCs); their personality begins as soon as they have been constituted according to law
3. Corporations, partnerships and entities for private interest and purpose to which the law grants
a juridical personality, separate and distinct from that of each shareholder, partner or member
4. Corporation by estoppel. (Revised Corporation Code, Sec 20)
5. Entities authorized by law (even if they lack juridical perosnality) - the persons who organized
such entity may be sued under the name by which they are generally or commonly known
(Rule 3, Section 15)
JURIDICAL PERSONS
6. A contract of partnership having a capital of P3,000 or more but which fails to comply with
the registration requirements is nevertheless liable as a partnership to third persons (Civil
Code, Art. 1772)
7. The estate of a deceased person (Nazareno vs. CA, GR No. 138842, October 18, 2000)
8. Legitimate labor organizations
9. The Roman Catholic Church may be a party and as to its properties, the archbishop or the
diocese to which they belong may be a party (Versoza vs. Fernandez , GR No. L-25254,
November 22, 1926)
10. A dissolved corporation may prosecute and defend suits by or against it provided that the
suits :
LACK OF LEGAL CAPACITY TO SUE
Columbia Pictures, Inc. vs. CA, 261 SCRA 144
- PLAINTIFF’s general disability to sue such as on account of:
a) Minority AFFIRMATIVE
DEFENSE
b) Insanity Rule 8, Sec 12(3)
c) Incompetence
d) Lack of juridical personality
e) Any other general disqualifications of a party
EXAMPLE : A sole proprietorship is
NOT vested with juridical personality and
cannot sue or defend an action
■ As such, the proper caption should have been
“GERINO TACTAQUIN DOING
BUSINESS UNDER THE NAME AND
STYLE OF G.V.T. ENGINEERING
SERVICES ( Tan vs. G.V.T. Engineering Services, Acting
through its Owner/Manager Gerino V. Tactaquin, GR No.
153057, August 7, 2006)
LACK OF LEGAL CAPACITY TO
SUE
■ is an affirmative defense (Rule 8, Section 12 (3)
REAL PARTIES IN INTEREST
Section 2. Parties in interest.
- A real party in interest is the party who stands to be benefited or

injured by the judgment in the suit, or the party entitled to the
avails of the suit. Unless otherwise authorized by law or these
Rules, every action must be prosecuted or defended in the name
of the real party in interest. (2)
REQUIREMENTS FOR THE PARTY TO BE A
REAL PARTY-IN-INTEREST
Andy Ang vs. Severino Pacunio, et al, GR No. 208928,

July 8, 2015
Requirements are :
a. To institute an action, the plaintiff must be the real party-

in-interest
b. The action must be prosecuted in the name of the real

REAL PARTY IN INTEREST
PLAINTIFF
- Is one who has a legal right

REAL PARTY IN INTEREST
DEFENDANT
- Is one who has a correlative legal obligation

whose act or omission violates the legal right of
the plaintiff.
REAL INTEREST
- A present substantial interest, as distinguished from a

mere expectancy, or a future, contingent, subordinate
or consequential interest
- means material interest or an interest in issue to be

affected by the decree or judgment of the case
Republic vs Heirs of Diego Lim, et. al., GR No.
195611, April 18, 2016
■ To qualify a person to be a real party-in-interest in whose

name an action must be prosecuted, he must appear to be the
present owner of the right sought to be enforced.
STANDING TO SUE
- One who is directly affected by and whose interest is
immediate and substantial in the controversy has the
standing to sue. In other words, he is a real party in
interest. He has a personal stake in the outcome of the
controversy.
- In case involving CONSTITUTIONAL ISSUES,

standing or locus standi means a personal interest in the
case such that the party as sustained or will sustain
directly injury as a result of the government act that is
being challenged.
KILOSBAYAN, INC vs. MORATO,
246 SCRA 540
WHO ARE ALLOWED TO SUE UNDER THIS
CONCEPT LOCUS STANDI?
1. TAXPAYERS - where there is a cliam of

illegal disbursement of public funds
2. VOTERS - to question the validity of election

REMEDY IF THE CASE IS INSTITUTED BY A
PERSON NOT A REAL PARTY-IN-INTEREST
■ File an answer and raise the ground of failure to state

a cause of action as an affirmative defense.
LACK OF PERSONALITY TO SUE
■ The fact that plaintiff is NOT the real party in interest.
■ Plaintiff’s lack of personality to sue is an affirmative defense

based on the fact that the complaint, on its face, STATES NO
CAUSE OF ACTION (Rule 8, Section 12 (4) )
REMEDY OF THE PLAINTIFF IN CASE THE
COMPLAINT FAILS TO STATE A CAUSE OF ACTION
■ Amend the pleading once as a matter of right at any

time before the responsive pleading is served.
(Section 2, Rule 10)
REMEDY OF THE PLAINTIFF IN CASE
THE COMPLAINT IS DISMISSED FOR
FAILURE TO STATE A CAUSE OF ACTION
■ Re-file the action since the order of dismissal is without

prejudice to the refiling of the action and which is not
appealable under Section 1, Rule 41.
REPRESENTATIVES AS PARTIES
RULE 3, Section 3. Representatives as parties.
- Where the action is allowed to be prosecuted or defended by a

representative or someone acting in a fiduciary capacity, the
beneficiary shall be included in the title of the case and shall be
deemed to be the real party in interest. A representative may be a
trustee of an express trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules. An
agent acting in his own name and for the benefit of an
undisclosed principal may sue or be sued without joining the
principal except when the contract involves things belonging to
the principal. (3)
REPRESENTATIVE PARTIES
■ Is one who represents or stands in the place of another and

who is allowed to prosecute or defend an action for the
beneficiary
BENEFICIARY
■ Shall be INCLUDED in the title of the case and

shall be deemed to be the real party in interest
WHO MAY ACT AS A REPRESENTATIVE
PARTY?
1. Trustee of an express trust
2. A guardian
3. An executor or administrator
4. A party authorized by law or these Rules.
5. An agent acting in his own name and for the
benefit of an undisclosed principal may sue or be
sued without joining the principal except when
the contract involves things belonging to the
principal
SPOUSES AS PARTIES
Section 4. Spouses as parties.
- Husband and wife shall sue or be sued jointly,

except as provided by law. (4)
WHEN IS JOINDER OF PARTY
COMPULSORY?
■ Joinder of a party becomes COMPULSORY when the one
involved is an INDISPENSABLE PARTY
■ When an indispensable party is NOT a party to an action, the

court shall order that he be joined as a party to the action (Rule
3, Sec 7)
INDISPENSABLE PARTIES
(Bar Examinations 2019)
Section 7. Compulsory joinder of indispensable

parties.
- Parties in interest without whom no final determination can be

had of an action shall be joined either as plaintiffs or defendants.
(7)
INDISPENSABLE PARTIES
■ His interest in the subject matter of the suit and in the

relief sought are so bound up with that of the other
parties that his legal presence as a party to the
proceeding is an absolute necessity
Philip L. Go, Pacifico Q. Lim, and Andrew Q. Lim vs.
Distinction Properties Development and Construction, Inc., GR
No. 194024, April 25, 2012
GENERAL RULE
with reference to the making of parties in a civil action requires
the JOINDER OF ALL INDISPENSABLE PARTIES under any and all conditions,
their presence being a SINE QUA NON of the exercise of judicial power.
When it appears of record that there are other persons interested in the subject matter
of the litigation, who are not made parties to the action,
it is the duty of the court to suspend the trial until such parties are made either plaintiffs or defendants.
When an indispensable party is NOT before the court, the action should be
dismissed.
Living@Sense, Inc. vs. Malayan Insurance Company, GR No. 193753,
September 26, 2012
■ The presence of indispensable parties is necessary to vest the

court with jurisdiction, thus, without their presence to a suit or
proceeding, the jurisdiction of the court cannot attain real
finality.
■ The absence of an indispensable party renders all subsequent

actions of the court null and void for want of authority to act ,
not only as to the absent parties but even as to those present.
NON-JOINDER OF INDISPENSABLE PARTY
■ Will not result to outright dismissal
■ REMEDY : IMPLEAD them and not to dismiss the case
■ If the plaintiff REFUSES to implead an indispensable party

despite the order of the court, that court may DISMISS the
complaint for the plaintiff’s failure to comply with the order.
TESTS TO DETERMINE WHETHER A
PARTY IS AN INDESPENSABLE PARTY
1. Can relief be afforded to the plaintiff without the
presence of the other party?
2. Can the case be decided on its merits without

prejudicing the rights of the other party? (Republic vs.
Sandiganbayan, GR No. 152154, July 15, 2003)
IS IT ALLOWED UNDER THE RULES TO
HAVE SEVERAL PLAINTIFFS /
DEFENDANTS IN ONE COMPLAINT?
■ YES
■ PERMISSIVE JOINDER OF PARTIES under RULE 3,

SEC. 6)
Permissive joinder of parties
Section 6. Permissive joinder of parties. -
■ All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of
transactions is alleged to exist, whether jointly, severally, or in
the alternative, may, except as otherwise provided in these
Rules, join as plaintiffs or be joined as defendants in one
complaint, where any question of law or fact common to all
such plaintiffs or to all such defendants may arise in the action;
but the court may make such orders as may be just to prevent
any plaintiff or defendant from being embarrassed or put to
expense in connection with any proceedings in which he may
have no interest.
Permissive joinder of parties
■ Persons may join as plaintiffs or may be joined as defendants when
there is :
1. Right to relief by or against said persons in respect to or arising out of

the same transaction or series of transactions (connected with the same
subject matter of the suit)
2. Question of law or fact common to all such plaintiffs or to all such

defendants may arise in the action
3. The joinder is not proscribed by the provisions of the Rules on

jurisdiction and venue
NECESSARY PARTY.
RULE 3, Section 8. Necessary party.
■ A necessary party is one who is not indispensable but who

ought to be joined as a party
■ if complete relief is to be accorded as to those already parties,
■ or for a complete determination or settlement of the claim

subject of the action. (8)
NON-INCLUSION OF A NECESSARY
PARTY
■ does not prevent the court from proceeding in the
action and the judgment rendered therein shall be
without prejudice to the rights of such necessary
party.
EFFECT OF NON-JOINDER OR MISJOINDER OF
NECESSARY PARTY
■ A necessary party may be omitted in a pleading, but the pleader

shall set forth his name, if known, and shall state why he is omitted.
■ Should the court find the reason for the omission unmeritorious, it
may order the inclusion of the omitted necessary party if
jurisdiction over his person may be obtained.
■ On the contrary, if the court finds the omission justifiable, or even if

not justifiable but jurisdiction over the person of such party cannot
be obtained by such court, then such omission will be allowed, and
then the proceedings shall continue despite such non-joinder
EXAMPLES OF NECESSARY
PARTIES
1. CO-DEBTOR - in a joint obligation
2. SUBSEQUENT MORTGAGEES OR LIEN HOLDERS - in judicial

foreclosure of mortgage
3. POSSESSOR (tenant, etc) - in an action for recovery of ownership of land (the

owner is indispensable party)
4. OWNER - in an action to recover possession of land ( the possessor is

the indispensable party)
Misjoinder and nonjoinder of parties.
MISJOINDER OF PARTY - A party is misjoined when he is

made a party to the action although
he should not be impleaded
NON-JOINDER OF PARTIES - the failure to bring a person who is a

necessary party or in this case an indispensable party into a lawsuit (Heirs
of Mesina vs. Heirs of Fian, Sr., GR No. 201816, April 8, 2013)
Misjoinder and nonjoinder of parties.
Section 11. Misjoinder and nonjoinder of parties.
■ Neither misjoinder nor non-joinder of parties is ground

for dismissal of an action. Parties may be dropped or
added by order of the court on motion of any party or on
its own initiative at any stage of the action and on such
terms as are just. Any claim against a misjoined party
may be severed and proceeded with separately.
EFFECTS OF MISJOINDER AND NON-
JOINDER OF PARTIES
1. Not a ground for dismissal of an action
2. Parties may be dropped or added by order of the court
on motion of any party or on its own initiative at any
stage of the action and on such terms as are just.
3. Any claim against a misjoined party may be severed
and proceeded with separately.
INDIGENT PARTY
RULE 3, Section 21. Indigent party.
■ A party may be authorized to litigate his action, claim or defense as an indigent if the
court, upon an ex parte application and hearing, is satisfied that the party is one who has
no money or property sufficient and available for food, shelter and basic necessities for
himself and his family.
■ Such authority shall include an exemption from payment of docket and other lawful fees,
and of transcripts of stenographic notes which the court may order to be furnished him.
The amount of the docket and other lawful fees which the indigent was exempted from
paying shall be a lien on any judgment rendered in the case favorable to the indigent,
unless the court otherwise provides.
■ Any adverse party may contest the grant of such authority at any time before judgment is
rendered by the trial court. If the court should determine after hearing that the party
declared as an indigent is in fact a person with sufficient income or property, the proper
dock et and other lawful fees shall be assessed and collected by the clerk of court. If
payment is not made within the time fixed by the court, execution shall issue or the
payment thereof, without prejudice to such other sanctions as the court may impose. (21)
AS AN INDIGENT PARTY
■ shall include an exemption from payment of :
a. docket and other lawful fees,

b. transcripts of stenographic notes which the court may order to be
furnished him
The amount of the docket and other lawful fees
which the indigent was exempted from paying
■ shall be a LIEN on any judgment

rendered in the case favorable to the indigent,
unless the court otherwise provides.
GUIDELINES FOR DETERMINING WHETHER A
PARTY QUALIFIES AS AN INDIGENT LITIGANT
a. Whose gross income and that of their immediate family do not

exceed an amount double the monthly minimum wage of an
employee
b. Who do not own real property with fair market value as stated in
the current tax declaration of more than P300,000
Alternative defendants.
Section 13. Alternative defendants.
-Where the plaintiff is uncertain against who of several persons he is

entitled to relief, he may join any or all of them as defendants in
the alternative, although a right to relief against one may be
inconsistent with a right of relief against the other. (13)
CLASS SUIT
Section 12. Class suit.
■ When the subject matter of the controversy is one of common
or general interest to many persons so numerous that it is
impracticable to join all as parties, a number of them which
the court finds to be sufficiently numerous and representative
as to fully protect the interests of all concerned may sue or
defend for the benefit of all. Any party in interest shall have
the right to intervene to protect his individual interest. (12)
ELEMENTS OF A CLASS SUIT
1. The subject matter of the controversy is one of common or

general interest to many persons
2. The number of persons is so numerous that it is impracticable
to join all as parties
3. The parties actually before the court are sufficiently numerous
and representative as to fully protect the interests of all
concerned
4. The representatives sue or defend for the benefit of all. Any
party in interest shall have the right to intervene to protect his
individual interest.
DISTINGUISH
CLASS SUIT DERIVATIVE CITIZEN SUIT
SUIT
Is filed regarding a common Is a suit in equity that is filed by is an action filed by any
or general interest in behalf of the minority shareholder in Filipino citizen in
many persons so numerous behalf of a corporation to representation of others,
that it is impracticable to join redress wrongs committed including minors or generations
all as parties, a number of against it, for which directors not yet born, to enforce rights
which the court finds refuse to sue, the real party-in- and obligations under
sufficiently representative interest being the corporation environmental laws.
who may sue or defend for itself
the benefit of all.
filed by sufficient number of it is filed by a minority Filed by any Filipino citizen

parties for the benefit of all. stockholder for and in behalf of
CAN YOU INSTITUTE AN ACTION AGAINST
SOMEONE WHOSE IDENTITY OR NAME IS
UNKNOWN?
■ Yes. RULE 3, Section 14.

RULE 3, Section 14. Unknown identity or name of
defendant.
■ Whenever the identity or name of a defendant is

unknown, he may be sued as the unknown owner, heir,
devisee, or by such other designation as the case may
require; when his identity or true name is discovered,
the pleading must be amended accordingly.
The Defendant maybe sued as :
■ Unknown owner
■ Unknown heir
■ Unknown devisee
■ By such designation as the case may require
HOW TO INSTITUTE AN ACTION AGAINST
AN ENTITY WITHOUT A JURIDICAL
PERSONALITY
■ RULE 3, SEC. 15
Entity without juridical personality as
defendant.
Section 15. Entity without juridical personality as
defendant. -
■ When two or more persons not organized as an entity with

juridical personality enter into a transaction, they may be sued
under the name by which they are generally or commonly
known.
■ In the answer of such defendant, the names and addresses of
the persons composing said entity must all be revealed. (15)
When two or more persons not organized
as an entity with juridical personality enter
into a transaction
■ they may be sued under the name by which they are
generally or commonly known
WHAT IS THE EFFECT OF THE
DEATH OF A LITIGANT TO THE
COMPLAINT?
■ It depends if the ACTION SURVIVES THE
DEATH OR NOT
Where the claim is NOT extinguished by the death of
the litigant :
RULE 3, Section 16. Death of party; duty of counsel.
■ Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty
of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give
the name and address of his legal representative or representatives. Failure of counsel to comply with this
duty shall be a ground for disciplinary action.
■ The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor
heirs.
■ The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of thirty (30) days from notice.
■ If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail
to appear within the specified period, the court may order the opposing party, within a specified time, to
procure the appointment of an executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in procuring such appointment,
if defrayed by the opposing party, may be recovered as costs. (16)
Where the claim is NOT extinguished by the death of
the litigant :
1. The counsel shall inform the court of such fact within thirty
(30) days from such death and to give the name and address of
his legal representative or representatives.
2. Heirs may be substituted for the deceased
3. If no legal representative is named, the court will order the
opposing party to procure the appointment of EXECUTOR or
ADMINISTRATOR for the estate of the deceased
4. In case of minor heirs, the court may appoint a guardian ad
litem for them (Rule 3, Section 16)
HOW TO DETERMINE WHETHER THE
ACTION SURVIVES OR NOT
■ Depends on the nature of the action and the damage

sued for.
Pacific Rehouse Corporation vs. Joven
L. Ngo, as represented by Oscar J.
Garcia, GR No. 214934, April 12, 2016
■ Section 16, Rule 3 of the Rules of Court allows the substitution of a
party-litigant who dies during the pendency of a case by his heirs,
provided that the claim subject of said case IS NOT EXTINGUISHED
BY HIS DEATH
■ In BONILLA vs BARCENA, the Court has settled that if the claim in

an action affects property and property rights, then the action survives
the death of a party-litigant
WHAT ARE THE RULES WHEN THE ACTION
SURVIVES THE DEATH OF THE PARTY
■ It depends if the action involves a contractual

money claim or not
If it is a CONTRACTUAL MONEY
CLAIM :
IF THE PLAINTIFF DIES IF THE DEFENDANT DIES
- The case will continue and the heirs or legal a. BEFORE ENTRY OF FINAL JUDGMENT
representatives will proceed as substitutes
- the case shall NOT be dismissed but shall be
allowed to continue until entry of final judgment (Rule 3,
Section 20)
b. AFTER ENTRY OF FINAL JUDGMNET BUT

BEFORE EXECUTION
- all claims against the decedent, whether due, not

due or contingent must be filed within the time limited in
the notice as a claim against the estate. (Rule 86, Section
5).
The plaintiff CANNOT move for execution under

RULE 39
If it involves a NON-CONTRACTUAL
MONEY CLAIM/S which are mentioned in
Section 7, Rule 86 and Section 1, Rule 87
■ There must be SUBSTITUTION.
■ NON-COMPLIANCE with the rule on substitution of a deceased

party renders the proceedings and judgment of the trial court infirm
because the court acquired no jurisdiction over the persons of the
legal representatives or of the heirs on whom the trial and the
judgment would be binding (Brioso vs. Rili-Mariano, GR No.
132765, January 31, 2003)
NOTA BENE : In an EJECTMENT
CASE
■ the non-substitution of a defendant DOES NOT
deprive the court of jurisdiction because judgment in
an ejectment case is binding upon the party’s
successors-in-interest (Florendo, Jr. vs. Coloma, GR
No. L-60544, May 19, 1984)
Construed together, Rule 3, Sections 16
and 20 mean that :
■ Only PERSONAL ACTIONS, that is, legal separation
involving nothing more than bed-and-board separation of the
spouses, action for support and the right of the offended
party to institute criminal action DO NOT SURVIVE the
death of the accused.
■ Such cases will be dismissed and the deceased cannot be

substituted by his legal representative
All other actions SURVIVE the death of
a party litigant.
■ In all such cases, SUBSTITUTION by the legal

representative is PROPER
EXAMPLES OF ACTIONS THAT SURVIVE THE DEATH OF THE PARTY
1. Action for Recovery of money arising from contract,

express or implied (Section 20, Rule 3)
2. Actions to recover real property
3. Recovery of personal property or an interest therein, from
the estate or to enforce a lien thereon; and
4. Actions to recover damages for an injury to person or
property, real or personal, may be commenced against him
VENUE
PLEADINGS
(Rule 6)
■ are the written statements of the respective

claims and defenses of the parties submitted to
the court for aapropriate judgment
IS A MOTION A PLEADING?
(2006 BAR EXAMINATION)
■ No. Motion is defined under Section 1, Rule 15 as an

application for a relief other than by a pleading
KINDS OF PLEADINGS :
1. Initiatory Pleading
2. Responsive Pleading
INITIATORY PLEADING VS.
RESPONSIVE PLEADING
INITIATORY PLEADING RESPONSIVE PLEADING
a.It is a pleading which a. It is a pleading which

commences an action responds to the adverse
containing plaintiff’s party’s pleading
cause or causes of action
b. It is required to be b. It is not required to be
verified verified as a general rule,
unless the rules or law
otherwise requires
Pleadings allowed
RULE 6, Section 2. Pleadings allowed.
— The claims of a party are asserted in a complaint, counterclaim, cross-

claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the answer to the pleading asserting a
claim against him or her.
An answer may be responded to by a reply only if the defending party
attaches an actionable document to the answer.
A. COMPLAINT
■ — The complaint is the pleading alleging the plaintiffs
or claiming party's cause or causes of action. The
names and residences of the plaintiff and defendant
must be stated in the complaint. (Rule 6, Section 3)
TEST OF SUFFICIENCY OF THE FACTS
ALLEGED IN THE COMPLAINT TO
CONSTITUTE A CAUSE OF ACTION
■ Whether admitting the facts alleged, the court could
render a valid judgment upon the same in accordance
with the prayer of the petition or complaint (Lazaro
vs. Brewmaster Int’l Inc., GR No. 182779, August
23, 2010)
B. ANSWER
■ is a pleading in which a defending party sets forth his
or her defenses (RULE 6, Section 4)
■ It may be answer to the complaint, third party (fourth

party, etc.) complaint, counterclaim or cross-claim.
KINDS OF DEFENSES
■ 1. Negative Defenses
■ 2. Affirmative Defenses
1. Negative Defenses
Rule 6, Section 5(a)
■ A negative defense is the specific denial of the material

fact or facts alleged in the pleading of the claimant
essential to his cause or causes of action.
NEGATIVE PREGNANT
(a.k.a. pregnant denial)
■ A form of negative expression which carries with it in affirmation or
at least an implication of some kind favorable to the adverse party.
■ It is denial pregnant with an admission of the substantial facts

alleged in the pleading.
■ Where a fact is alleged with qualifying or modifying language and

the words of the allegation as so qualified or modified are literally
denied, it has been held that the qualifying circumstances alone are
ILLUSTRATION :
■ “I DENY THAT I OWE THE PLAINTIFF
P500,000.00” might imply that the person making the
statement owes the plaintiff an amount of money but
not P500,000.00
AFFIRMATIVE Defenses
Rule 6, Section 5(B)
■ An affirmative defense is an allegation of, a new matter

which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him or her.
■ The affirmative defenses include :

1. fraud,
2. statute of limitations
3. Release
4. Payment
5. Illegality
6. statute of frauds
7. Estoppel
8. former recovery
9. discharge in bankruptcy
■ Affirmative defenses may also include grounds for the

dismissal of a complaint specifically :
1. that the court has no jurisdiction over the subject
matter,
2. that there is another action pending between the same
parties for the same cause, or
3. that the action is barred by a prior judgment.
COUNTERCLAIM
RULE 6, SEC. 7
(BAR EXAMINATION 2010)
■ A counterclaim is any claim which a defending

party may have against an opposing party.
KINDS OF COUNTERCLAIM
■ COMPULSORY COUNTERCLAIM
■ PERMISSIVE COUNTERCLAIM
COMPULSORY COUNTERCLAIM
(RULE 6, SEC 7)
1. one which, being cognizable by the regular courts of justice,
2. arises out of or is connected with the transaction or occurrence
constituting the subject matter of the opposing party's claim and
3. does not require for its adjudication the presence of third parties of
whom the court cannot acquire jurisdiction.
4. Such a counterclaim must be within the jurisdiction of the court both as
to the amount and the nature thereof,
5. Except that in an original action before the Regional Trial Court, the
counterclaim may be considered compulsory regardless of the amount.
- This means that in an original action before the RTC, the amount
of the compulsory counterclaim need not be under the RTC jurisdiction
6. A compulsory counterclaim not raised in the same action is barred,
PERMISSIVE COUNTERCLAIM
National Marketing Corp. vs. Federation of United Namarco Distributors, Inc., 49 SCRA
248 (1973)
1. One which is not barred even if not set up and which has
no logical relation with the transaction or occurrence that
is the subject matter of the opposing party’s claim, or
2. Even when there is such a connection, the court has no

jurisdiction to entertain the claim or it requires for its
adjudication the presence of third persons of whom the
court cannot acquire jurisdiction
COMPULSORY VS. PERMISSIVE COUNTERCLAIM
COMPULSORY COUNTERCLAIM PERMISSIVE
(PRINCIPLE OF RECOUPMENT) COUNTERCLAIM
(PRINCIPLE OF SET OFF)
1. As to basis One which arises out of or is connected with Does not arise of and is not
the transaction or occurrence constituting the connected with the transaction or
subject matter of the opposing party's claim occurrence constituting the
and does not require for its adjudication the subject matter of the opposing
presence of third parties of whom the court party’s claim
cannot acquire jurisdiction
2. As to effect of Is barred if not set up in the answer (or in the Is not barred even if not set up in
failure to set up amended answer) the answer
the counterclaim
3. As to necessity of Plaintiff need not answer a compulsory Plaintiff must answer a

an Answer counterclaim except in summary proceedings permissive counterclaim
4. As to whether
CRITERIA OR TESTS THAT MAY BE USED IN
DETERMINING WHETHER A COUNTERCLAIM IS
COMPULSORY OR PERMISSIVE
1. Are the issues of fact and law raised by the claim and counterclaim
largely the same?
2. Would RES JUDICATA bar a subsequent suit on defendant’s claim
absent the compulsory counterclaim Rule?
3. Will substantially the same evidence support or refute plaintiff’s
claim as well as defendant’s counterclaim?
4. Is there any logical relation between the claim and the counterclaim,
such that the conduct of separate trials of the respective claims of the
parties would entail a substantial duplication of effort and time by the
parties and the court?
EFFECT ON THE COUNTERCLAIM WHEN THE
COMPLAINT IS DISMISSED
1. WHEN THE PLAINTIFF HIMSELF FILES A MOTION TO DISMISS HIS
COMPLAINT AFTER THE DEFENDANT HAS PLEADED HIS ANSWER WITH A
COUNTERCLAIM.
- If the court grants the motion, the dismissal shall be LIMITED TO THE
COMPLAINT.
- It shall be WITHOUT PREJUDICE to the right of the defendant to prosecute his

counterclaim in a separate action unless within 15 days from notice of the motion, manifests
his preference to have his counterclaim resolved in the same action (RULE 17, SECTION
2)
EFFECT ON THE COUNTERCLAIM
WHEN THE COMPLAINT IS
-
DISMISSED
WHEN THE COMPLAINT IS DISMISSED THROUGH
THE FAULT OF THE PLAINTIFF AND AT A TIME
WHEN COUNTERCLAIM HAS ALREADY BEEN SET
UP
- the dismissal is WITHOUT PREJUDICE to the right

of the defendant to prosecute his counterclaim in the same or
separate action (RULE 17, SECTION 3)
CROSS-CLAIMS
(RULE 6, SECTION 8)
1. Any claim by one party against a co-party

2. arising out of the transaction or occurrence
3. that is the subject matter either of the original action or of a counterclaim
therein.
4. Such cross-claim may cover all or part of the original claim.
NEW PROVISION
EXAMPLE :
■ If ABC Bank sues X and Y to collect a loan, Y, who
merely acted as an accomodation party, may file a
cross-claim against X by claiming that X is the actual
debtor and should be liable for the payment of the
loan. (Bar 1997)
EFFECT OF DISMISSAL OF THE
COMPLAINT re : CROSS-CLAIM
- Carries with it the DISMISSAL of the CROSS-CLAIM which
is purely defensive, but not a cross- claim seeking affirmative
relief. (Torres vs. CA, 49 SCRA 67 (1973)
EFFECT IF CROSS-CLAIM IS NOT
SET-UP AT THE TIME THE
ANSWER IS FILED?
RULE : A cross-claim that a party has at the time the answer is filed shall be contained in
said Answer. (Rule 11, Section 8)
If not SET UP, it shall be BARRED. (RULE 9, SEC 2)
HENCE, a cross-claim cannot be set up for the first time on appeal (Landmasters
Customs Services, Inc. vs. Glodel Brokerage Corporation, 639 SCRA 69)
EFFECT IF CROSS-CLAIM MAY MATURE OR MAY BE
ACQUIRED AFTER SERVICE OF THE ANSWER
■ A CROSS-CLAIM that shall be barred if not asserted is one

ALREADY EXISTING at the time the answer is filed,
■ but NOT a cross-claim that may MATURE OR MAY BE
ACQUIRED AFTER SERVICE OF THE ANSWER. Such
cross-claim may, WITH PERMISSION of the court, be
presented by supplemental pleading before juddgment (RULE
11, SECTION 9)
RULE IF CROSS-CLAIM WAS OMITTED THROUGH
OVERSIGHT, INADVERTENCE OR EXCUSABLE
NEGLECT, OR WHEN JUSTICE REQUIRES
■ MAY, by leave of court, be set-up by amendment (RULE 11,
SECTION 10)
CROSS CLAIM versus COUNTERCLAIM
CROSS CLAIM COUNTERCLAIM
1. Is a claim against a co-defendant in a suit 1. Is a claim against an opposing party
1. Arises out of the transaction or occurrence 2. While a counterclaim may or may not arise
that is the subject matter either of the out of the same transaction or occurrence, as in
original action or the counterclaim the case of a permissive counterclaim which is in
effect a separate pleading in itself
Third, (fourth, etc.)-party complaint
(RULE 6, SECTION 11)
■ is a claim that a defending party may, with leave of

court, file against a person not a party to the action,
called the third (fourth, etc.)-party defendant for
contribution, indemnity, subrogation or any other
relief, in respect of his opponent's claim.
CHARACTERISTIC/PURPOSE OF A
THIRD PARTY COMPLAINT
1. That the third party defendant is not a party to the action
2. The claim against the third party-defendant must be based
upon plaintiff’s claim against the original defendant
3. The crucial characteristic of a claim is that the ORIGINAL
DEFENDANT is attempting to transfer to the third-party
defendant the liability asserted against him by the original
plaintiff
EXAMPLE :
■ IF the passenger of a bus sues the operator for breach of
contract of carriage because of injuries sustained by him in an
accident, the operator may file a third-party complaint against
the driver fir reimbursemnet.
EXAMPLE : (Bar 1996)
■ M assembles an owner type jeep for O, who in turn rents it to P. Due to faulty brakes, P
meets a vehicular accident, causing him injuries. P files an action for damages against
O (lessor) and M (assembler).
■ Can O file a third-party complaint against M? No, because both are already parties.
■ What is then the remedy of O? File a cross claim against M
HOW TO DETERMINE THE
SUFFICIENCY OF THE 3RD PARTY
■
COMPLAINT
The allegations in the original complaint and the 3 party
rd
complaint must be examined.
■ A 3rd party complaint must allege facts which prima facie show
that the defendant is entitled to contribution, indemnity,
subrogation or other relief from the 3 rd party defendant (Sy
Tiong Shiou vs. Sy Chim, GR No. 174168, March 30, 2009)
WHEN SHALL A 3RD PARTY
COMPLAINT BE DENIED
(a) The
ADMISSION?
third (fourth, etc.)-party defendant cannot be located
within thirty (30) calendar days from the grant of such leave;
(b) Matters extraneous to the issue in the principal case are
raised; or
(c) The effect would be to introduce a new and separate
controversy into the action
EFFECT IF 3RD PARTY COMPLAINT
BE DENIED?
■ the court shall require the defendant to institute a
separate action
IS LEAVE OF COURT NECESSARY
IN FILING A 3RD PARTY
COMPLAINT?
■ YES, in order to obviate delay in the resolution of the
complaint.
Republic vs. Central Surety & Insurance
Co., GR No. L-27802, October 26, 1968)
■ Where the trial court has jurisdiction over the main case, it also
has jurisdiction over the 3rd party complaint, regardless of the
amount involved as a third party complaint is MERELY
AUXILIARY to and is a continuation of the main action
COMPLAINT-IN-INTERVENTION
(RULE 19)
■ Refers to a pleading filed by a third person who is NOT a party to the

action but having an interest in the matter of the litigation and asserting a
claim against either or all of the original parties to the action.
■ Such party, may with leave of court, become a party to the pending action
REPLY
(RULE 6, SEC 10)
■ A reply is a pleading, the office or function of which is to deny,

or allege facts in denial or avoidance of new matters alleged in,
or relating to, said actionable document.
WHEN MAY PLAINTIFF FILE A
■
REPLY?
Only if the defending party attaches an ACTIONABLE
DOCUMENT to his or her answer.
HOW CAN A PLAINTIFF RESPOND TO NEW MATTERS
ALLEGED IN THE ANSWER IF THE LATTER DOES NOT
INVOLVE AN ACTIONABLE DOCUMENT?
■ RULE : The plaintiff is NOT REQUIRED to respond because

all new matters alleged in the answer are deemed controverted.
■ However, if the plaintiff wishes to interpose any claims arising
out of the new matters so alleged, such claims shall be set forth
in an amended or supplemental complaint.
HOW CAN A DEFENDANT RESPOND
TO A REPLY WITH AN ACTIONABLE
DOCUMENT ATTACHED TO IT?
■ In the event of an actionable document attached to the
reply, the defendant may file a rejoinder if the same is
based solely on an actionable document.
NOTE :
GENERAL RULE : The filing of a reply is NOT NECESSARY,
because even if a party DOES NOT file a reply, all the new
matters that were alleged in the answer are deemed controverted
EXCEPTION : Where the defense in the answer is based on a

ACTIONABLE DOCUMENT, a reply under oath must be made,
OTHERWISE, the genuineness and due execution of the
document shall be deemed admitted. (RULE 8, SEC 8) (Veluz
vs. CA, GR No. 139951, November 23, 2000)
PLEADINGS ALLOWED IN CASES COVERED
BY THE RULE ON SMALL CLAIMS
(RULES ON EXPEDITED RULES IN THE FIRST LEVEL COURTS)
a) PLEADINGS ALLOWED :
1. Statement of Claims (Complaint)
2. Response (Answer)
3. Permissive Counterclaim
PLEADINGS ALLOWED IN CASES COVERED
BY THE RULE ON SUMMARY PROCEDURE
A. PLEADINGS ALLOWED :
1. Complaint
2. Compulsory counterclaim
3. Cross-claims pleaded in the answer
4. Answer to these pleadings
5. Reply
PLEADINGS NOT ALLOWED IN CASES COVERED BY THE
RULE ON SUMMARY PROCEDURE AND SMALL CLAIMS
b. PROHIBITED PLEADINGS, MOTIONS AND PETITIONS

1. In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to quash the complaint or
information, except on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay
conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160;
2. Motion to hear and/or resolve affirmative defenses;
3. Motion for a bill of particulars;
4. Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of proceedings;
5. Petition for relief from judgment;
6. Motion for extension of time to file pleadings, affidavits or any other paper;
7. Memoranda;
8. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
9. Motion to declare the defendant in default;
10. Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory unless grounded on acts of God, force majeure,
or physical inability of a counsel or witness to personally appear in court, as supported by the requisite affidavit and medical proof;
11. Rejoinder;
12. Third-party complaints;
13. Motion for and Complaint in Intervention;
14. Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground of force majeure or acts of God;
15. Motion for judicial determination of probable cause in criminal cases.
PARTS AND CONTENTS OF PLEADING
RULE 7
A. Caption
B. Signature and Address (Rule 7, Section 2)
C. Verification (Rule 7, Section 4)
D. Certification against forum shopping (Rule 7, Section 5)
CAPTION
(Rule 7, Section 1)
The caption sets forth the :
1. Name of the court
2. Title of the action
indicates the names of the parties
PARTIES shall all be named in the original complaint or petition

SUBSEQUENT PLEADINGS, it shall be sufficient if the name
of the first party on each side be stated with an appropriate
indication when there are other parties.
Their respective participation in the case shall be indicated.
3. docket number, if assigned.
BODY
(Rule 7, Section 2)
The body sets forth :
1. Designation
2. Allegations of the party’s claims and defenses
3. Relief prayed for
4. Date of the pleading
CAN THE COURT GRANT RELIEF NOT
PRAYED FOR IN THE PLEADING?
No.
Courts cannot grant relief not prayed for in the
pleading or in excess of what is being sought by
the party.
SIGNATURE AND ADDRESS
(Rule 7, Section 3)
■ Every pleading and other written submissions to the

court must be signed by the party or counsel
representing him or her.
WHAT DOES THE SIGNATURE OF
A COUNSEL IN A PLEADING
CERTIFY?
The signature of counsel constitutes a certificate by him or her that he or she has read the
pleading and document; that to the best of his or her knowledge, information, and belief, formed
after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
(2) The claims, defenses, and other legal contentions are warranted by existing law or jurisprudence,
or by a non-frivolous argument for extending, modifying, or reversing existing jurisprudence;
(3) The factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after availment of the modes of discovery under these rules; and
(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified,
are reasonably based on belief or a lack of information.
WHAT IS THE EFFECT WHERE A PLEADING IS UNSIGNED
OR WHERE THE MATTERS CERTIFIED BY THE
COUNSEL’S SIGNATURE TURNS OURT TO BE UNTRUE?
■ the court determines, on motion or motu proprio and after
notice and hearing, that this rule has been violated, it may :
1. impose an appropriate sanction or
2. refer such violation to the proper office for disciplinary action,
on any attorney, law firm, or party that violated the rule, or is
responsible for the violation.
3. Absent exceptional circumstances, a law firm shall be held
jointly and severally liable for a violation committed by its
partner, associate, or employee.
DUTY OF THE COUNSEL IN CASE OF
CHANGE OF HIS ADDRESS
■ to prompty inform the court of a change of

his address
VERIFICATION
(RULE 7, SECTION 4)
- is a statement under oath. It includes both the actual

swearing to the truth of the statements by the subscriber
and also the certification thereto by the notary or other
officer authorized to administer oath.
VERIFICATION
(RULE 7, SECTION 4)
GENERAL RULE : Pleadings need not be under
oath or verified.
EXCEPTION : When otherwise specifically

required by law or rule
HOW ARE PLEADINGS VERIFIED?
A pleading is verified by an affidavit of an affiant duly

authorized to sign said verification. The authorization of the affiant to
act on behalf of a party, whether in the form of a secretary's certificate or
a special power of attorney, should be attached to the pleading, and shall
allege the following attestations:
(a) The allegations in the pleading are true and correct based on his
personal knowledge, or based on authentic documents;
(b) The pleading is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
NATURE OF VERIFICATION IN THE PLEADING
■ Is ONLY a FORMAL and NOT a jurisdictional

requisite.
■ Non-compliance with the requirement does not render

the pleading fatally defective (Carbonilla, et. al vs.
Board of Airlines Representatives, GR No. 193247,
September 14, 2011)
WHO MAY SIGN THE VERIFICATION OTHER THAN
THE PLEADER?
Case Law : Colito T. Pajuyo vs. Court of Tax Appeals, GR

No. 146364, June 3, 2004)
 The party need not sign the verification

 A party’s representative, lawyer or any person
who personally knows the truth of the facts alleged in
the pleading may sign the verification
WHAT IS THE EFFECT IF THE PERSON
WHO SIGNED THE VERIFICATION HAS
NO AUTHORITY TO DO SO?
CASE LAW : Atty. Fe Q. Palmiano-Salvador vs. Constantino Angeles,
Substituted by Luz G. Angeles, GR No. 171219, September 3, 2012
In TAMONDONG VS. COURT OF APPEALS, if a complaint is filed for

and in behalf of the plaintiff by one who is not authorized to do so, the complaint is
not deemed filed.
An unauthorized complaint does not produce any legal effect. Hence, the
court should dismiss the complaint on the ground that it has no jurisdiction over the
complaint and the plaintiff.
EFFECT OF NON-COMPLIANCE
WITH THE REQUIREMENT OF
VERIFICATION
■ A pleading required to be verified that contains a
verification based on "information and belief," or
upon "knowledge, information and belief," or
■ lacks a proper verification, shall be treated as an
unsigned pleading.
WILL THE LACK OF VERIFICATION RENDER THE
PLEADING FATALLY DEFECTIVE?
NO.
Non-compliance therewith or a defect therein does not necessarily render the pleading
fatally defective.
The Court may order its submission or correction or act on the pleading if the attending
circumstances are such that strict compliance with the Rule may be dispensed with in order
that ends of justice may be served thereby (Jolo’s Kiddie Carts vs. Caballa, GR No.
230682, November 29, 2017)
CERTIFICATION AGAINST FORUM
SHOPPING (Rule 7, Section 5)
■ Is a mandatory requirement in filing an initiatory pleading and is executed by the plaintiff or the
principal party and NOT by his counsel (Eagle Star Security Services, Inc. vs. Mirando, GR No.
179512, July 30, 2009)
■ The plaintiff or the principal party shall CERTIFY under oath :

a) that he has not theretofore commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other
action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present status
thereof; and
(c) if he should thereafter learn that the same or similar action or claim has been filed or is
pending, he shall report that fact within five (5) calendar days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
FORUM SHOPPING
■ is the act of a litigant who repetitively availed of several judicial
remedies in different courts, simultaneously or successively, all
substantially founded on the same transactions and the same
essential facts and circumstances, and all raising substantially the
same issue, either pending in or already resolved by some other
court, to increase the chances of obtaining a favorable decision If
not in one court, then in another.
TEST TO DETERMINE THE
PRESENCE OF FORUM SHOPPING
■ Whether the elements of LITIS PENDENTIA are present, or
whether a final judgment in one case amounts to RES
JUDICATA
ELEMENTS OF FORUM SHOPPING
CASE LAW : Ma. Victoria M. Galang vs. Peakhold Finance Corporation and
the Register of Deeds of Caloocan City, GR No. 233922, Jnauary 4, 2018)
- To determine whether a party violated the rule against forum shopping, it is essential to
ask whether a final judgment in one case will amount to RES JUDICATA in another or whether the
following elements of LITIS PENDENTIA are present :
1. Identity of parties, or at least such parties are representing the same interests in
both actions
2. Identity of rights asserted and reliefs prayed for, the relief being founded on the
same facts
3. The identity of the two preceding particulars, such that any judgment rendered in
the other action will, regardless of which party is successful, amount to RES
JUDICATA
3 WAYS OF COMMITTING FORUM SHOPPING
1. By filing multiple cases based on the same cause of action and with the same prayer, the
previous case not having been resolved yet (LITIS PENDENTIA)
2. By filing multiple cases based on the same cause of action and with the same prayer, the
previous case having been finally resolved (RES JUDICATA)
3. By filing multiple cases based on the same cause of action but with the different prayers
splitting of causes of action, where the ground for dismissal is either litis pendentia or res
judicata.
WHO HAS THE DUTY TO DECLARE PENDING
SUITS IN THE CERTIFICATION OF NON-FORUM
SHOPPING?
■ Duty of the plaintiff, NOT THE DEFENDANT
WHO MUST EXECUTE THE
SHOPPING?
■ Must be executed by the party-pleader and NOT his counsel.
■ It is the petitioner and NOT the counsel who is the best position to know
whether he or it actually filed or caused the filing of a petition.
■ A certification signed by the counsel is a defective certiifcation and is a
valid cause for DISMISSAL (FAR EASTERN SHIPPING, CO. vs. CA,
GR. NO. 130068, OCTOBER 1, 1998)
NOTE :
■ However, if for reasonable or justifiable reasons, the party-
pleader is unable to sign, he must execute a Special Power of
Attorney designating his counsel of record to sign on his behalf
(Jolo’s Kiddie Carts vs. Caballa, GR No. 230682,
November 29, 2017)
REQUIREMENT OF AUTHORIZATION TO ACT FOR THE
PARTY
■ The authorization of the affiant to act on behalf of a party, whether in the form of a secretary's
certificate or a special power of attorney, should be attached to the pleading.
CASE LAW : Carmelita V. Dizon vs. Jose Luis K. Matti, Jr., GR

No. 215614, March 27, 2019
It is the plaintiff of principal party who should execute the certification of non-forum
shopping under oath.. However, this rule is not entirely inflexible..
If for reasonable or justifiable reasons, the party-pleader is unable to sign the certification,
another person may be authorized to execute the certification on his or her behalf through SPA.
REQUIREMENT IN CASE THE PARTY IS A
CORPORATION
- Board Resolution is required in signing the certificate of non-forum shopping in case of
a corporation
CASE LAW :. Mediserv, Inc vs. Court of Appeals, GR No. 161368, April 5,
2010
A corporation exercises it powers through its board of directors or its duly authorized
officers and agents..
Physical acts, like signing of documents can be performed only by natural persons duly
authorized for the purpose by corporate by-laws or by a specific act of the board of directors.
EFFECTS OF FAILURE TO COMPLY WITH THE RULE
■ Failure to comply with the foregoing requirements shall not be curable

by mere amendment of the complaint or other initiatory pleading;
■ But shall be cause for the dismissal of the case without prejudice,
unless otherwise provided, upon motion and after hearing.
REQUIREMENT BEFORE THE COURT MAY MOTU PROPIO
DISMISS A COMPLAINT ON THE GROUND OF NON-
COMPLIANCE WITH THE TULE ON NON-FORUM SHOPPING
■ The Rule requires that the dismissal be upon motion and after
hearing (Rule 7, Section 5)
NATURE OF DISMISSAL FOR LACK OF
SHOPPING
■ It is without prejudice to the refiling
■ REMEDY is refiling of the action since the dismissal for lack

of certification against forum shopping does not fall under
paragraph f, h, and i of Section 13, Rule 15
SUMMONS
(Rule 14)
■ Is a writ by which the defendant is notified of the action brought

against him or her.
■ In civil action, service of summons is the means by which the court
acquires jurisdiction over the person of the defendant.
KINDS OF SUMMONS
■ ORIGINAL SUMMONS - writ issued by the COC upon receipt of the complaint
and the payment of the docket and other lawful fees by which the defendant is notified
of the action brought against him and requiring him to file his responsive pleading
within the period prescribed by the rules.
■ ALIAS SUMMONS - writ issued by the COC when the original summons has been
lost or not duly served without fault on the part of the plaintiff
PURPOSE OF SUMMONS
ACTION IN PERSONAM ACTION IN REM and ACTION
QUASI IN REM
1. To notify the defendant of the action 1. Not the acquisition of jurisdiction

against him over the defendant but mainly to satisfy
the constitutional requirement of due
process (Macasaet vs. Co, G.R. No.
156759, June 5, 2013)
2. To acquire jurisdiction over his
person (Alba vs. CA, G.R. No. 164041,
July 29, 2005)
WHEN IS SUMMONS ISSUED
■ Unless the complaint is on its face dismissible under Section 1,
Rule 9
– The court shall, within five (5) calendar days from receipt of the
initiatory pleading and proof of payment of the requisite legal fees,
direct the clerk of court to issue the corresponding summons to the
defendants.
WHO SHALL SERVE THE
1. sheriff SUMMONS?
2. his deputy, or
3. other proper court officer, and
4. in case of failure of service of summons by them, the court
may authorize the plaintiff - to serve the summons - together with
the sheriff
WHO SHALL SERVE SUMMONS TO BE SERVED
OUTSIDE THE JUDICIAL REGION OF THE
COURT
■ the plaintiff shall be authorized to cause the service of

summons.
REQUIREMENTS IN CASE THE PLAINTIFF IS A
JURIDICAL ENTITY
If the plaintiff is a juridical entity, it shall notify the court, in

writing,
1. The name of its authorized representative therein,

2. Attaching a board resolution or secretary's certificate thereto,
as the case may be,
3. It shall state that such representative is duly authorized to
serve the summons on behalf of the plaintiff
EFFECTS IN CASE THE PLAINTIFF
COMMITTED MISREPRESENTATION IN
CONNECTION WITH THE SERVICE OF
SUMMONS TO THE DEFENDANTS
If the plaintiff misrepresents that the defendant was served summons,
and it is later proved that no summons was served, the case shall be :
1. Dismissed with prejudice,

2. The proceedings shall be nullified, and
3. The plaintiff shall be meted appropriate sanctions.
VALIDITY OF SUMMONS
■ Summons shall remain valid until duly served, unless it is

recalled by the court
HOW WILL SERVICE OF SUMMONS ON THE
PERSON OF THE DEFENDANT BE MADE?
Whenever practicable :
1. By handing a copy thereof to the defendant in person and informing the defendant
that he or she is being served, or,
2. If he or she refuses to receive and sign for it, by leaving the summons within
the view and in the presence of the defendant.
DUTY OF THE SHERIFF IF DEFENDANT
REFUSED TO RECEIVE SUMMONS
Laus vs Court of Appelas, 219 SCRA 688
- Service in person on the defendant is the PREFERRED MODE OF SERVICE.
- If the defendant refuses the service, the server must TENDER it to him.
- The sheriff or server must first exert all efforts to serve the defendant
in person. If this effort fails, then substituted service can be made. This
effort must be stated in the proof of service.
HOW WILL SUBSTITUTED SERVICE OF SUMMONS BE
MADE?
- If, for justifiable causes, the defendant cannot be served personally after at least
three (3) attempts on two (2) separate dates, service may be effected:
(a) By leaving copies of the summons at the defendant's residence to a person at least
eighteen (18) years of age and of sufficient discretion residing therein;
( b) By leaving copies of the summons at the defendant's office or regular place of business
with some competent person in charge thereof. A competent person includes, but not limited to, one
who customarily receives correspondences for the defendant;
(c) By leaving copies of the summons, if refused entry upon making his or her authority and
purpose known, with any of the officers of the homeowners' association or condominium corporation,
or its chief security officer in charge of the community or the building where the defendant may be
found; and
(d) By sending an electronic mail to the defendant's electronic mail address, if allowed by the
court.
REQUIREMENTS FOR A VALID SUBSTITUTED
SERVICE OF SUMMONS
■ There must be several attempts by the sheriff,

wHich means at least three tries, preferably on
atleast two different dates, otherwise the
service is defective
TO WHOM SUMMONS SHALL BE SERVED?
TO WHOM HOW IS SERVICE EFFECTED
Service upon entity without juridical When persons associated in an entity without juridical personality are
personality (Section 7) sued under the name by which they are generally or commonly known
:
- by serving upon any one of them, or upon the person in charge of

the office or place of business maintained in such name.
But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before
the action was filed.
Service upon prisoners (Section 8) - by the officer having the management of such jail or institution
who is deemed as a special sheriff for said purpose.
- The jail warden shall file a return within five (5) calendar days
from service of summons to the defendant. (9)
FOR WHOM HOW IS SERVICE EFFECTED
Service upon minors and incompetents (Section 1. service of summons shall be made upon
10) him or her personally AND on his or her legal
guardian if he or she has one, or if none, upon
his or her guardian ad litem whose
appointment shall be applied for by the
plaintiff.
2. In the case of a minor, service shall be made

on his or her parent or guardian.
Service upon spouses (Section 11) be made to each spouse individually

Section 12. Service upon domestic private juridical Service may be made on the :
entity
1. president,
2. managing partner,
3. general manager,
4. corporate secretary,
5. treasurer, or
6. in-house counsel of the corporation wherever they
may be found, or
7. in their absence or unavailability, on their
secretaries.
IN CASE OF DEFAULT OF SERVICE OF

SUMMONS TO THE ABOVE PERSONS, TO
WHOM IT SHALL BE SERVED?
- it shall be made upon the person who customarily

receives the correspondence for the defendant at its
Where the summons is improperly served and a lawyer - the counsel shall be deputized by the court to serve
makes a special appearance on behalf of the defendant summons on his client.
to, among others, question the validity of service of
summons (Section 13)
1 Its resident agent designated in accordance with the
law for that purpose, or,
Service upon foreign private juridical entities DOING 2. If there be no such agent, on the government official
BUSINESS IN THE PHILIPPINES (Section 14) designated by law to that effect, or
3. On any of its officers, agents, directors or

trustees within the Philippines.
FOREIGN JURIDICAL ENTITY NOT Service may, with leave of court, be effected outside of
REGISTERED AND NO RESIDENT AGENT BUT the Philippines through any of the following means:
DOING BUSINESS IN THE PHILIPPINES
(a) By personal service coursed through the appropriate
court in the foreign country with the assistance of
the department of foreign affairs;
(b) By publication once in a newspaper of general

circulation in the country where the defendant may be
found and by serving a copy of the summons and the
court order by registered mail at the last known address
of the defendant;
(c) By facsimile;
(d) By electronic means with the prescribed proof of

service; or
Service upon THE REPUBLIC OF THE Solicitor General

PHILIPPINES (Section 15)
Executive head, or on such other officer or officers as the law
Service upon PROVINCE, CITY OR or the court may direct
MNICIPALITY OR PUBLIC
CORPORATIONS (Section 15)
Service may, by leave of court, be effected :
Where the defendant is designated as an unknown
owner, or the like, or whenever his or 1. upon him or her by publication in a newspaper of general
her whereabouts are unknown and cannot be circulation and in such places and for such time as the court
ascertained by diligent inquiry, within ninety may order.
(90) calendar days from the commencement of
the action
Santos, Jr. versus PNOC Exploration Corporation
■ There must be prior resort to service in person on the
defendant and substituted service and proof that
service by these modes were ineffective before
service by publication may be allowed for defendants
whose whereabouts are unknown, considering that
Rule 14, Section 14 of the Rules of Court requires a
diligent inquiry of the defendant’s whereabouts.
Extraterritorial service
(Section 17)
ACTIONS WHICH CAN BE THE SUBJECT OF
EXTRATERRITORIAL SERVICE OF SUMMONS IN CASE OF
NON-RESIDENT DEFENDANT
1. the action affects the personal status of the plaintiff or relates to, or
2. the subject of which is, property within the Philippines, in which the defendant has or claims a lien
or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or
3. the property of the defendant has been attached within the Philippines
HOW WILL EXTRATERRITORIAL
SERVICE OF SUMMONS BE
MADE?
By leave of court, be effected out of the Philippines :
1. by personal service as under Section 6; or

2. as provided for in international conventions to which the
Philippines is a party; or
3. by publication in a newspaper of general circulation in such
places and for such time as the court may order
REQUIREMENT IN CASE OF
EXTRATERRITORIAL SERVICE OF SUMMONS
■ A copy of the summons and order of the court shall be

sent by registered mail to the last known address of the
defendant, or in any other manner the court may deem
sufficient
EFFECT OF VOLUNTARY APPEARANCE OF
THE DEFENDANT (Section 23)
■ equivalent to service of summons.

■ The inclusion in a motion to dismiss of other grounds aside
from lack of jurisdiction over the person of the
defendant shall be deemed a voluntary appearance
MOTIONS
(RULE 15)
A motion is an application for relief other than by a pleading.

NON-LITIGIOUS MOTIONS
(Section 4)
Motions which the court may act upon without prejudicing the rights of adverse
parties are non-litigious motions. These motions include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale;
and
h) Other similar motions.
LITIGIOUS MOTIONS
(Section 5)
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and
PROHIBITED MOTIONS
(Section 12)
(a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of the claim;
2) That there is another action pending between the same parties for the same cause;
3) That the cause of action is barred by a prior judgment or by the statute of limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court's action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;
(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to
file an answer as provided by Section 11, Rule 11; and
(f) Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical
inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party
shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon.
DISMISSAL WITH PREJUDICE
(Section 13)
1. cause of action is barred by a prior judgment or by the statute of
limitations;
2. that the claim or demand set forth in the plaintiffs pleading has been
paid, waived, abandoned or otherwise extinguished; or
3. that the claim on which the action is founded is unenforceable under
the provisions of the statute of frauds
EFFECT : shall bar the refiling of the same action or claim.
REMEDY : APPEAL
PRE-TRIAL
(RULE 18)
- A procedural device intended to clarify and limit basic

issues between the parties and to rake the trial of cases out
of the realm of surprise and maneuvering.
- Its objective is to simplify, abbreviate, and expedite or

dispense with the trial. (Zaldivar vs. People, G.R. No.
197056, March 2, 2016)
WHAT SHOULD THE COURT CONSIDER DURING
PRE-TRIAL
(a). The possibility of an amicable settlement or of a submission to
alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The possibility of obtaining stipulations or admissions of facts arid of
documents to avoid unnecessary proof;
(d) The limitation of the number and identification of witnesses and the
setting of trial dates;
(e) The advisability of a preliminary reference of issues to a commissioner;
(f) The propriety of rendering judgment on the pleadings, or summary
judgment, or of dismissing the action should a valid ground therefor be
found to exist;
(h) Such other matters as may aid in the prompt disposition of the action.
WHAT SHOULD THE COURT REQUIRE
THE PARTIES TO DO DURING PRE-TRIAL
1) Mark their respective evidence if not vet marked in the judicial affidavits of their
witnesses;
2) Examine and make comparisons of the adverse parties' evidence vis-a-vis the
copies to be marked;
3) Manifest for the record stipulations regarding the faithfulness of the reproductions
and the genuineness and due execution of the adverse parties' evidence;
4) Reserve evidence not available at the pre-trial, but only in the following manner:
1) For testimonial evidence, by giving the name or position and the nature of
the testimony of the proposed witness;
2) For documentary evidence and other object evidence, by giving a particular
description of the evidence.
No reservation shall be allowed if not made in the manner described above.
EFFECT OF FAILURE WITHOUT
JUSTIFIABLE CAUSE OF A PARTY/COUNSEL
TO BRING THE EVIDENCE REQUIRED?
- Failure shall be deemed waiver of the presentation of such

evidence
WHEN MAY THE NON-
APPEARANCE OF A PARTY AND
1.
COUNSEL
acts of God,
BE EXCUSED?
2. force majeure,
3. or duly substantiated physical inability. (ROC, RULE 18,
SEC. 4)
HOW MAY A REPRESENTATIVE
APPEAR ON BEHALF OF A PARTY?
A representative may appear on behalf of a party, but shall be fully authorized in writing to :
a. enter into an amicable settlement;
b. to submit to alternative modes of dispute resolution, and
c. to enter into stipulations or admissions of facts and documents.
EFFECTS OF A FAILURE WITHOUT JUST
CAUSE OF A PARTY AND COUNSEL TO
APPEAR DURING PRE-TRIAL
1. PLAINTIFF and COUNSEL. - Failure shall cause the DISMISSAL of the action
NOTE : The dismissal shall be with prejudice, unless otherwise ordered by the
court. (Rule 18, Section 5)
2. DEFENDANT and COUNSEL. - shall be cause to allow he plaintiff to present his or

her evidence ex-parte within ten (10) calendar days from termination of pre-trial, and the
court to render judgment on the basis of the evidence offered (Rule 18, Section 5)
3. EITHER PARTY AND COUNSEL. - The failure without just cause of a party and
counsel to appear during pre-trial, despite notice, shall result in a waiver of any objections
to the faithfulness of the reproductions marked, or their genuineness and due execution.
PRE-TRIAL BRIEF
CONTENTS :
(a) A concise statement of the case and the reliefs prayed for;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The main factual and legal issues to be tried or resolved;
(d) The propriety of referral of factual issues to commissioners;
(e) The documents or other object evidence to be marked, stating the purpose thereof;
(f) The names of the witnesses, and the summary of their respective testimonies; and
(g) Brief statement of points of law and citation of authorities.
EFFECT OF FAILURE TO FILE A
PRE-TRIAL BRIEF
Failure to file the pre-trial brief shall have the same effect as
failure to appear at the pre-trial.
PRE-TRIAL ORDER
FORM OF THE DIRECT TESTIMONIES
OF WITNESSES
■ The direct testimony of witnesses for the plaintiff shall be in
the form of judicial affidavits. After the identification of such
affidavits, cross-examination shall proceed immediately.
POSTPONEMENT OF PRESENTATION OF
THE PARTIES’ WITNESSES – if with just cause
■ Postponement of presentation of the parties' witnesses at a

scheduled date is prohibited, except if it is based on acts of
God, force majeure or duly substantiated physical inability of
the witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence
must still be terminated within the remaining dates previously
agreed upon.
OPPOSING PARTY FAIL TO APPEAR
WITHOUT VALID CAUSE DURING
PRESENTATION OF PARTIES’ WITNESS
■ Should the opposing party fail to appear without valid cause
stated in the next preceding paragraph, the presentation of the
scheduled witness will proceed with the absent party being
deemed to have waived the right to interpose objection and
conduct cross-examination.
WHEN SHALL CAM BE
CONDUCTED?
■ After pre-trial and, after issues are joined, the court shall refer
the parties for mandatory court-annexed mediation.
■ The period for court-annexed mediation shall not exceed thirty
(30) calendar days without further extension.
WHEN MAY JDR BE CONDUCTED?
■ Only if the judge of the court to which the case was originally
raffled is convinced that settlement is still possible, the case may be
referred to another court for judicial dispute resolution. The judicial
dispute resolution shall be conducted within a non-extendible
period of fifteen (15) calendar days from notice of failure of the
court-annexed mediation.
■ If judicial dispute resolution fails, trial before the original court
shall proceed on the dates agreed upon.
■ All proceedings during the court-annexed mediation and the
judicial dispute resolution shall be confidential.
RULE 19
INTERVENTION

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REMEDIAL LAW

- Prescribesthe method of enforcing rights or

- is solely lodged with the Supreme Court

- (Constitution, Art. VIII, Section 5, par. 5)

3. The rules shall NOT : (DIM)

A. Constitutional Court - court which is established by the

■ Jurisdiction is vested in court and not in the

It extends to all controversies It is confined to particular

■ is a court of GENERAL JURISDICTION

SPECIAL COMMERCIAL COURTS are still considered courts of GENERAL

Where there is concurrent

The grant of authority to inferior courts to hear

1. Metropolitan Trial Courts

It is the power and authority to exercise its power

EXAMPLE : The RTC exercises its power

1. Cases affecting ambassadors, other public

a. Petitions for certiorari, prohibition or

NOTE : The CA may act as a trial court in the following instances :

a. Petitions for certiorari, prohibition or mandamus against :

b. Petitions for Writ of Kalikasan

WITH THE SC & RTC :

1. Petitions for Habeas Corpus

2. By way of petition for review from the RTC rendered in the

3. By way of petition for review from the decisions, resolutions,

4. By way of ordinary appeal over decisions of MTCs in cadastral or

EXCLUSIVE 1. In all civil actions in which the

ALL actions which are incapable of pecuniary

That IDALEC shall be included in the determination of the filing fees.

IRENE SANTE AND REYNALDO SANTE VS. HON. EDILBERTO T.

- The TOTAL AMOUNT of monetary claims including the claims for

a. Cases involving devices or schemes employed by any acts of the

Cases affecting ambassadors, other public ministers and consuls

WITH THE SC & CA

1. Petitions for Habeas Corpus

WITH THE SC, CA & Sandiganbayan

1. Petitions for Writ of Amparo

EXCLUSIVE ORIGINAL (1) Exclusive original “(1) Exclusive original

EXCLUSIVE ORIGINAL "(2) Exclusive original

EXCLUSIVE ORIGINAL "(3) Exclusive original “(3) Exclusive original

Inclusion and exclusion of

The claim or demand may be:

DELEGATED May be assigned by the SC to hear cadastral or land registration cases

1. There is no controversy or opposition over the land

1. Where one party is the government, or any subdivision or instrumentality thereof;

7. Offenses where there is no private offended party;

c. Actions coupled with provisional remedies such as preliminary injunction,

- where a third-party claimant is involved (Santos vs. Bayhon, GR No. 88643,

■ A direct resort to a higher court will not be

1. When there are Genuine issues of constitutionality that

1. When the new law expressly provides for a retroactive application

■ It is negligence or omission to assert a right within a reasonable time, warranting the

■ The thrust of the rule is that courts must allow

- If a remedy within the administrative machinery can be resorted to by giving the

- The premature resort to the court is fatal to one’s cause of action

1. Over the subject matter of the action

■ The Court wrote in Allied Domecq Philippines, Inc. versus Villon :

1. Material allegations of the complaint

1. Estoppel by laches (Tijam vs. Sibonghanoy, G.R. No. L-21450, April

- The doctrine of estoppel by laches may operate to bar jurisdiction challenges.

RULE 15, SEC 12(a)

- The earliest opportunity of a party to raise the issue of jurisdiction is in MOTION

RULE 6, SEC 5(b)

- If no motion to dismiss is filed, the defense of lack of jurisdiction may be raised as