v and j v - Place where action is instituted May be waived Procedural May be changed by written agreement of the parties Not

a ground for motu proprio dismissal, except in Summary Procedure j -Power of court to hear and decide a case Jurisdiction over subject matter and over nature of action are conferred by law and cannot be waived Substantive Cannot be subject of the agreement of the parties Appeal by Certiorari Petition for Certiorari ac -Rule 45 pc -Rule 65 ac -Petition is based on questions of law pc -Petition is based on questions of jurisdiction, whether the lower court acte d without jurisdiction or in excess of jurisdiction or with grave abuse of discr etion ac -Mode of appeal pc -Mode of review / SPECIAL CIVIL ACTION ac -Involves review of the judgment award or final order on the merits pc -Directed against interlocutory order of the court or where there is no appea l or any plain, speedy, or adequate remedy ac -Filed within 15 days from notice of judgment, final order, or resolution app ealed from pc -Filed not later than 60 days from notice of judgment, order, or resolution s ought to be reviewed ac -Stays judgment or final order appealed from pc -Unless a writ of preliminary injunction or temporary restraining order is is sued, the petition does not stay the challenged proceeding ac -Appellant and appellee are original parties to the action, and the lower cou rt or quasi judicial agency is not impleaded pc -Judge, court, quasi judicial agency, tribunal, corporation, board or officer or person are public respondents who are impleaded in the action ac -Motion for reconsideration is not required pc -Motion for reconsideration or for new trial is required; if a motion for rec onsideration or new trial is filed, the period shall not only be interrupted but another 60 days shall be given to petitioner (SC Admin Matter 02-03) ac -Court is in exercise of its appellate jurisdiction and power of review pc -Court exercises original jurisdiction ac -Petition shall be filed with the Supreme Court pc -Petition shall be filed with the RTC, CA, Sandiganbayan, Comelec JURISDICTION SUPREME COURT Original Jurisdiction of the Supreme Court: A8 S5 P1- (Rule 56) The SC shall have exclusive original jurisdiction over cases involving: 1. Ambassadors 2. Other public ministers and consuls 3. Over petitions for: a. Certiorari b. Prohibition c. Mandamus d. Quo warranto e. Habeas corpus Appellate Jurisdiction of the Supreme Court:

A8 S5 P2 The SC may review, revise, reverse, modify, or affirm on appeal or certiorari, a s the law or the Rules of Court may provide, final judgments and orders of lower courts in: 1. All cases in which the constitutionality or validity of any treaty, internati on or executive agreement, law, presidential decree, proclamation, order, instru ction, ordinance, or regulation is in question 2. All cases involving the legality of any tax, impost, assessment or toll, or a ny penalty imposed in relation thereto 3. All cases in which the jurisdiction of any lower court is in issue 4. All criminal cases in which the penalty imposed is reclusion perpetua or high er (WITHIN THE SCOPE OF CRIMINAL PROCEDURE- RULE 45) 5. All cases in which only an error or question of law is imposed 1 and 2- PURE QUESTIONS OF LAW Administrative Supervision of the Supreme Court: 1. Over court personnel 2. Over Justices 3. Over Judges 4. Practice of Law 5. Members of the Integrated Bar CA decisions - Appealable to SC under Rule 45 R45 S1- a party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals may file with the SC a verified petition f or review on certiorari. The petition shall raise only questions of law which mu st be distinctly set forth. Note that questions of law can be raised before the CA (BP129) COURT OF APPEALS Original jurisdiction / Original Concurrent Jurisdiction Original jurisdiction to issue writs of: - Mandamus - Prohibition - Certiorari - Habeas corpus - Quo warranto - Auxiliary writs and processes, o Whether or not in aid of its appellate jurisdiction Exclusive Original Jurisdiction: Exclusive original jurisdiction over the actions for annulment of judgments of R TCs Appellate Jurisdiction: 1. Rule 41- over RTC decisions in the exercise of its ORIGINAL JURISDICTION (via Notice or Record of Appeal) - RTC jurisdiction, first instance, including Special Civil Actions 2. Rule 42- over RTC decisions in the exercise of its APPELLATE JURISDICTION (vi a Petition for Review) 3. Rule 43- Exclusive appellate jurisdiction over all final judgments, resolutio n, orders, or awards of quasi judicial agencies, instrumentalities, boards, or c ommissions (via Petition for Review) RTC Exclusive Original Jurisdiction: 1. In all actions in which the subject of litigation is incapable of pecuniary e stimation 2. Actions which cannot be quantified into monetary estimation Subject matter (BP129) 3. In all civil actions which involve title to or possession of real property or any interest therein, where assessed value of property involved exceeds 20k OMM or in MM, value of property involved exceeds 50k

Except actions of FE and UD of lands and buildings, original jurisdiction of whi ch is conferred with MTC, MuTC, MCTC 4. In all actions in admiralty and maritime actions where demand or claim exceed s 300k OMM or exceeds 400k MM 5. In all matters of probate, testate or intestate, where gross value of estate exceeds 300k OMM or exceeds 400k MM Gross value- assessed value of property of deceased before deduction (NOT market value) 6. In all actions involving the contract of marriage and marital relations 7. In all cases not within the exclusive jurisdiction of any court, tribunal, pe rson or body exercising jurisdiction of any court, tribunal, person or body exer cising judicial or quasi judicial functions (refer to 902-A below) 8. In all civil actions and special proceedings falling within Exclusive origina l jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Ag rarian Relations as now provided by law 9. In all other cases in which the demand, exclusive of interest, damages of wha tever kind, attorney s fees, litigation expenses, and costs or the value of proper ty in controversy exceeds 300k OMM or exceeds 400k MM 1996 Bar- Gross value is 200k, property located in Pampanga. What is the jurisdi ction and venue? MTC of the place of decedent s actual residence at the time of his death, if a res ident of the Philippines. If a non resident, then the MTC of the place where his estate is located. (RA8799 S5.2 as amended by PD902-A)- exclusive and original jurisdiction of the RTC to hear and decide following cases: 1. Cases involving devices or schemes employed by or any acts of the board of di rectors, business associates, its offices or partnership, amounting to fraud or misrepresentation which may be interest of the public and/or of the stockholders , partners, members of associations or organizations registered with the Commiss ion 2. Controversies arising out of intracorporate or partnership relations, between and among stockholders, members or associates, between any and all of them and the corporation, partnership, or association of which they are stockholders, mem bers or associates respectively, and between such corporation, partnership or as sociation and the state insofar as it concerns their individual franchise or rig ht to exist as such entity 3. Controversies in election or appointment of directors, trustees, officers or managers of such corporations, partnerships, or associations 4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments, in cases where the corporation, partnership or association possesses sufficient property to cover all its debts but foresees t he impossibility of meeting them when the respectively fall due or in cases wher e the corporation, partnership or association has no sufficient assets to cover its liabilities, but is under management of a rehabilitation receiver or managem ent committee Concurrent Original Jurisdiction: With SC, CA, -- over petitions for certiorari, mandamus, prohibition, quo warran to, habeas corpus Appellate Jurisdiction: Over all cases decided by MTCs, MuTCs, MCTCs in their respective territorial jur isdictions MTC (note: baligtarin ang RTC jurisdiction, below 20-50, 300-400) Ordinary Civil Actions: 1. exclusive original jurisdiction over civil actions and probate proceedings, t estate and intestate, including grant of provisional remedies in proper cases, w here the value of the personal property, estate or amount of the demand does not exceed 300k OMM or 400k MM exclusive of interest, damages, of whatever kind, AF

, litigation expenses and costs, the amount of which must be specifically allege d. Provided, that interest, damages of whatever kind, AF, litigation expenses, a nd costs shall be included in the determination of the filing fees. Provided fur ther that where there are several claims or causes of actions between the same o r different parties, embodied in the same complaint, the amount of demand shall be the totality of the claims in all the causes of action, irrespective of wheth er the cause of action arose out of same or different transactions 2. exclusive original jurisdiction over cases of forcible entry or unlawful deta iner, provided that when, in such cases, defendant raises questions of ownership in his pleadings and the question of possession cannot be resolved without deci ding the issue of ownership, the issue of ownership shall be resolved only to de termine the issue of possession (see: Summary Procedure) 3. exclusive original jurisdiction in all civil actions involving title to or po ssession of property or any interest therein where assessed value of property or interest th erein does not exceed 20k OMM or does not exceed 50k MM exclusive of interest, d amages of whatever kind, AF, litigation expenses, costs. Provided that in cases of land not declared for taxation purposes, the value of such property shall be determined by assessed value of adjacent lots 4. civil cases where the demand does not exceed 300k or not more than 400k MM 5. over actions involving personal property valued at not more than 300k OMM or not more than 400k MM 6. admiralty and maritime cases where the demand or claim does not exceed 300k O MM or does not exceed 400k MM Summary Procedure: 1. All cases of FE and UD, irrespective of the amount of damages or unpaid renta ls sought to be recovered. Where AF are awarded, the same shall not exceed 20k 2. All other civil cases, except probate proceedings, where the total amount of the plaintiff s claim does not exceed 100k OMM or 200k MM exclusive of interests a nd costs (as amended by AM 2-11-9-SC) 3. Civil cases not higher than 100k- Subject to the Rule on Small ClaimsInitiato ry Pleadings initiatory Original complaint Permissive counterclaim Cross claim Third party complaint 4th party complaint Complaint in intervention Petition In special civil actions In special proceedings Responsive Pleadings Answer to original complaint Answer to permissive counterclaim Answer to third party complaint Answer to fourth party complaint Answer to complaint in intervention Comment or objection to petition Compulsory counterclaim Reply Answer to counter counter claim Answer to counter cross claim Amended Pleading Refers to facts existing at the time of the commencement of the action Takes the place of the original pleading

Can be made as matter of right when no responsive pleading has yet been filed When amended pleading is filed, a new copy of the entire pleading must be filed Amendment as a matter of right is to be answered before the filing of the respon sive pleading, (within 15 days after being served with a copy thereof) (R11 S3) Amendment by leave of court is to be answered within 10 days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed (R11 S3) Supersedes original pleading With or without leave of court Supplemental Pleading Refers to facts arising after the filing of the original pleading Taken together with the original pleading Always with leave of court A substantial pleading does not require the filing of a new copy of the entire p leading A supplemental pleading may be answered within 10 days from notice of the order admitting the same, unless a different period is fixed by the court. The answer to the complaint shall serve as answer to the supplemental complaint if no new o r supplemental answer is filed (R11 S7) Supplements original pleading With leave of court Counter Counter Claim -Any claim which defending party in a counterclaim may hav e against the original counterclaimant Counter Cross Claim - Any claim which a defending party in a cross claim may hav e against the original cross claimant COMPULSORY CC- Arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction PERMISSIVE CC- does not arise of or is necessarily connected with the transactio n or occurrence that is the subject matter of the opposing party s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction PC - CC REVERSE Needs verification and certification against forum shopping Docket fee is required to be paid Failure to file answer results in declaration of default may require for its adjudication the presence of third parties over whom the cou rt cannot acquire jurisdiction Not barred even if not set up in the action Initiatory pleading THIRD PARTY COMPLAINT Rule 6 A claim that a defending party may, with leave of court, file against a person n ot a party to the action, called a 3rd 4th etc party defendant for contribution, indemnity, subrogation, or any other relief in respect of his opponent s claim COMPLAINT IN INTERVENTION Rule 19 Pleading filed by an intervenor if he answers a claim against either or all of t he original parties Intervenor is any person who has a legal interest in the matter in ligitation, o r in the success of either of the parties, or who has an interest against both p arties, or who is so situated as to be adversely affected by the distribution or

other disposition of property in the custody of the court or of an officer ther eof Order of Default Order issued by the court where defendant failed to file answer Judgment by Default Decision or judgment by the court after order of default and presentation of evi dence ex parte by plaintiff FLOW OF CIVIL PROCEDURE I. BARANGAY CONCILIATION PROCEEDINGS General Rule with respect to Barangay Conciliation Proceedings: S412, LGC No complaint, petition, action or proceedings involving any matter within author ity of the Lupon shall be filed or instituted directly or indirectly in court or in any other government office or adjudication unless there has been a confront ation between the parties before the Lupon Chairman or the pangkat, and that no conciliation or settlement has been reacehed as certified by lupon or pangkat ch airman. EXC S408, LGC 1. where one party is the government or any subdivision or instrumentality there of 2. where one party is a public officer or employee, and the dispute relates to p erformance of his official functions offenses punishable by imprisonment exceeding 1 year or a fine exceeding 5k peso s 3. offenses where there is no private offended party 4. where the dispute involves real properties located in different cities or mun icipalities unless the parties thereto agree to submit their differences to amic able settlement by an appropriate lupon 5. disputes involving parties who actually reside in barangays of different citi es or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon 6. such other classes of disputes which the President may determine in the inter est of justice 7. where one of the parties is a juridical entity 8. where accused is under police custody or detention 9. where the person has otherwise been deprived of personal liberty calling for habeas corpus proceeding 10. where the actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support pendent lite where the action may otherwise be barred by the statute of limitations 11. in case of labor disputes 12. action to annul a judgment upon a compromise 13. CARL disputes 14. Disputes involving traditions of an indigenous cultural community JOINDER OF PARTIES Requisites: 1. Right to relief arises out of the same transaction or series of transactions 2. Jurisdiction over plaintiffs and defendants can be obtained 3. There is question of law or fact common to all plaintiffs or defendants 4. Such joinder is not otherwise proscribed by the provisions of the rules on ju risdiction and venue What are the elements of a cause of action?

1. Plaintiff exercises a legal right 2. Correlative obligation the part of defendant to respect plaintiff s legal right 3. Defendant violates plaintiff s legal right in a manner contrary to law, morals, good customs, public order, public policy Joinder of Causes of Action (R2 S5) A party may in one pleading assert, in the alternative or otherwise, as many cau ses of action as he may have against an opposing party, subject to the following conditions: A. That the party joining the causes of action shall comply with the rules on jo inder of parties B. The joinder shall not include special civil actions and actions governed by S pecial Rules C. Where the claims pertain to different venues or jurisdictions, the joinder sh all be allowed in the RTC provided that it falls within the jurisdiction of said court and the venue lies therein D. Where the claims in all causes of action are principally for recovery of mone y, the aggregate amount claimed shall be the test of jurisdiction Summons a writ or a process issued to a defending party by the clerk of court, delivered by a sheriff, his deputy, or proper court office, or any suitable person author ized by the court issuing the summons, with the purpose of obtaining jurisdictio n over the person of the defendant and giving him notice that an action has been commenced against him Purpose is to obtain jurisdiction over person of defendant, and to give notice t o defendant that an action has been commenced against him, ordering defendant to answer the complaint within the time fixed by these Rules, and unless defendant answers, plaintiff will take judgment by default and may be granted the relief applied for Served on the defendant Does not need tender of kilometrage and other fees Original or alias Upon filing of the complaint and payment of requisite docket fees Subpoena A process directed to a person requiring him to attend and to testify at the hea ring or trial of an action, or at any investigation conducted by competent autho rity or for the taking of his deposition. (Subpoena ad testificandum) A process directed to a person requiring him to bring with him any books, docume nts, or other things under his control (Subpoena duces tecum) Order for a person to appear and to testify at a hearing, action, investigation, or for taking of his deposition OR to produce books, documents, or other things under his control May be served to a non-party Needs tender of kilometrage, attendance fee, and reasonable cost of production f ee Ad testificandum or duces tecum During trial or investigation MTD (a) y; (b) (c) (d) That the court has no jurisdiction over the person of the defending part That the court has no jurisdiction over the subject matter of the claim; That venue is improperly laid; That the plaintiff has no legal capacity to sue;

(e) That there is another action pending between the same parties for the sa me cause; (f) That the cause of action is barred by a prior judgment or by the statute of limitations; (g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) That the claim on which the action is founded is enforceable under the p rovisions of the statute of frauds; and (j) th That a condition precedent for filing the claim has not been complied wi

Motion for Bill of Particulars in Civ Pro May be filed before responding to a pleading Address any matter in the pleading not averred with sufficient definiteness or p articularity Purpose is to prepare responsive pleading Motion for Bill of Particulars in Crim Pro May be filed before arraignment Address alleged defects in the criminal complaint or information Purpose is to enable properly to plead and prepare for trial