I.

COMPLAINT Determine whether the plaintiff is the real party in interest REAL PARTY-IN-INTEREST one who stand to be benefited or injured by the judgment in the suit, or one entitled to the avails of the suit Determine who are to impleaded as defendants. Comply with the rules on parties. REASON; IMPORTANCE As a rule, a suit can be commenced only against one averred to have violated plaintiffs rights Determine if the action is barred by the statute of limitations. Look into the rules on prescription of actions.

A. RIGHT AND CAUSE OF ACTION B. JURISDICTION, VENUE AND PARTIES, PRESCRIPTION AND CONDITIONS PRECEDENT If a cause of action exists, determine the court that should take cognizance of the action. Look into the laws on jurisdiction. REASON As a fundamental principle, the plaintiff is obligated to file his complaint in the court upon which the law has conferred jurisdiction over the subject matter of the action. CONSEQUENCE OF FILING THE COMPLAINT IN THE WRONG COURT ground for dismissal of the complaint either upon proper motion by the adverse party or upon the courts own discretion (motu proprio) Determine the place where the action is to be filed. VENUE Place where the action is filed VENUE OF AN ORDINARY CIVIL ACTION Real action o The action shall be commenced and tried in the place where the real property involved or a portion thereof is situated Personal action o Where the plaintiff resides, or o Where the defendant resides o In case of non-resident defendant: where he may be found at the election of the plaintiff POSSIBLE RESTRICTIVE STIPULATION ON VENUE Place stipulated as the only venue o If the parties have agreed on an exclusive venue in writing o prior to the filing of the action and o the agreed venue is contemplated to be exclusive

REASON If the right of action has ceased or has prescribed, it is one of the well-recognized ground for dismissal of the complaint CONSEQUENCE If it appears from the pleadings or evidence on record that the action has prescribed, the court is mandated to dismiss the claim o Dismissal on the basis of prescription bars the re-filing of the same action or claim Determine if the action requires the performance of conditions precedent RULE Compliance must be alleged in the complaint o General averment is sufficient SOME CONDITIONS PRECEDENT Barangay conciliation Arbitration processes Conditions which constitute elements of the plaintiffs cause of action o Demand
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o C.

Between family members, attempts to have the controversy settled and compromised by virtue of Art.151 of the FC Exhaustion of administrative remedies 5.

PREPARATION OF THE COMPLAINT 6.

CONTENTS 1. Statement only of the ultimate facts which constitute a partys claim or defense Must be alleged plainly, concisely, and directly in a methodical and logical form Omit statements constituting mere evidentiary facts and conclusions of law o Why? Evidentiary matters are to be presented in the trial, and conclusions are to be made by the court, not by a party 2. General and Specific averments Circumstances that must be averred generally o Malice o Intent o Knowledge or other condition of the mind Circumstances that must be averred with particularity o Fraud o Mistake 3. Reliefs sought RULES o Specify the relief sought Addition of a general prayer allowed: Such other reliefs as the court may deem just and equitable o Nature of the cause of action is primarily determined by the allegations in the body of the complaint and not by the prayer 4. Date and Signature by the party or by counsel Mandatory requirements Effect of unsigned pleading o Produce no legal effect Effect of counsels signature on the pleading o Constitutes a certificate by him that he has read the pleading, that to the best

7.

8.

of his knowledge, information, and belied, there are good grounds to support it, and that it is not interposed for delay Address of the party or counsel Should not be a post-office box Necessity of verification GR: A pleading need not be verified XPN: unless it is specifically mandated by law or by a particular rule o Examples All pleadings under Rules on Summary Procedure Petitions for certiorari, prohibition and mandamus Certification against forum shopping Plaintiff certifies that o He has not commenced any action or o filed any claim involving the same issues in any other tribunal Consequence o Ground for the dismissal of the complaint upon motion and after heaing Necessity of Provisional Remedies

D. FILING OF THE COMPLAINT Filing of the complaint is the act of presenting the same before the clerk of court. Filing of the complaint enables the court to acquire jurisdiction over the person of the plaintiff RULES 1. The filing must be accompanied by the payment of the requisite docket and filing fees Why? As a rule, the court acquires jurisdiction over the case only upon the payment of prescribed fees Consequence of non-payment o GR: the complaint shall be considered not filed o WHY? Payment of the full amount of the docket fee is mandatory and jurisdiction.
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XPN: in some cases where SC relaxed the rule ie. When payment of the fee may be filed within a reasonable time but not beyond the prescriptive period Effect: If fees are not paid at the time of filing, the court acquires jurisdiction only upon full payment of the fees within reasonable time as the court may grant, barring prescription On appeal, payment of docket fees within prescribed period is mandatory GR: Payment of docket fees is mandatory for the perfection of appeal o Why? Court acquires jurisdiction over the subject matter of the action upon the payment of the correct amount of docket fees regardless of the actual filing case in court XPN: instances where rule has been applied with liberality POSSIBLE PROCEEDINGS AFTER THE FILING OF THE COMPLAINT

E.

RULES 1. Dismissal of the action by the plaintiff (dismissing his own complaint) If the dismissal is to be made before the adverse party has served an answer or a motion for summary judgment o Complaint may be dismissed by mere filing of a notice of dismissal Effect: GR: dismissal without prejudice to it being refiled later XPN: a. Otherwise stated in the notice of dismissal b. Two dismissal rule

2.

When the action had already been previously dismissed twice by the plaintiff o Within the sole discretion of plaintiff Confirmation by the court through an order is only a matter of course If the dismissal is to be made after the service of the answer or a motion for summary judgment o Plaintiff must file a Motion to dismiss his complaint Grant or denial is discretionary upon the court Why? This type of dismissal is no longer a matter of right Effect if granted Only the complaint is dismissed Counterclaim already pleaded prior to the service upon the defendant of the motion for dismissal is not affected by the dismissal of the complaint o Defendant may prosecute the counterclaim in the same or separate action o Effect of dismissal GR: Without prejudice XPN: unless otherwise stated in the order of the court Amendment of the complaint When as a matter of right

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If amendment is made before the other party has served a responsive pleading o Can be made only once o Remedy if court refuses to accept the amendment Special civil action of mandamus When leave of court is necessary o If amendment is sought after the responsive pleading has been served o Grounds to refuse amendment Intended for delay Would result in a drastic change in the cause of action or defense or change in the theory of the case When amendment is for the purpose of conferring jurisdiction and the court has no jurisdiction over the subject for the action When amendment by implication o When issues not raised in the pleadings are tried with the express or implied consent of the parties When? No objection is interjected on the evidence offered on a matter not raised in the pleadings Effect: pleadings may be amended to conform to the evidence Failure to amend the pleadings will not affect the result of the trial on said issues

HOW JURISDICTION ACQUIRED OVER THE PERSON OF THE DEFENDANT 1. Voluntary appearance of the defendant 2. Service of summons SUMMONS Coercive process which places the person, even of the unwilling defendant, under the jurisdiction of the court. Represents compliance with the rule on notice o Essential element of due process CONTENT OF SUMMONS Directing the defendant to file an answer to the complaint o Otherwise judgment against him may be rendered by default Copy of the summon SERVICE OF SUMMONS GENERAL RULES 1. To the defendant in person (Personal service) 2. Substituted service If the defendant cannot be served despite efforts to serve him in person How? a. Service at the residence of the defendant b. Service at his regular place of business with a person qualified to so receive the summons *As a rule, summons by publication is not a recognized mode of service for the purpose of acquiring jurisdiction over the person of the defendant. FOR CERTAIN CLASSES OF DEFENDANTS 1. Minor, or incompetent a. Service shall be made upon him personally; and b. Incompetent: On his legal guardian, if he has one or upon his guardian ad litem c. Minor: upon his father or mother 2. Domestic corporation, partnership a. President b. Managing partner
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II.

SUMMONS; MOTION FOR BILL PARTICULARS; MOTION TO DISMISS

OF

Upon filing of the complaint and the payment of the requisite legal fees, clerk of court shall issue the corresponding summons to the defendant.

3.

c. General manager d. Corporate secretary e. Treasurer f. In-house counsel Prisoner confined in jail or institution a. upon the prisoner through the office having management of the jail or institution o manager is deemed deputized as a special sheriff for such purpose

Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and put in issue

The defendant has procedural options before filing his answer. MOTION FOR BILL OF PARTICULARS Procured by the adverse party Submitted by the plaintiff upon the order of the court To clarify alleged ambiguities in any pleading (complaint or motion) MOTION TO DISMISS If from the reading of the complaint, a solid basis exists for the immediate dismissal of the action, the defendant instead of filing his answer, files a motion to dismiss Grounds to be invoked by the other party o Under Rules of Summary Procedure o Under Rules of Court Grounds to be recognized by the court motu proprio o Lack of jurisdiction over the subject matter o Litis pendencia o Res judicata o Prescription III. ANSWER; DEFAULT

CONTENTS OF ANSWER Specific denial of the material averments of the complaint o Why? Material averments not specifically denied are deemed admitted Admission of material averments o Answer is deemed to have failed to tender an issue, trial is unnecessary Plaintiff may file a motion for judgment on the pleadings Court may direct a judgment based on the pleadings already filed Judgment on the pleadings Rendered because, as disclosed by the pleadings, there is no issue in the case: Answer fails to tender an issue, or Answer admits the material allegations of the complaint Based on the pleadings of the parties Summary judgment Rendered due to absence of genuine issue in the case the issue does not concern any material fact i.e. amount of damages

If there exists no ground for motion to dismiss or rightfully denied, defendant must file his answer. ANSWER Responsive pleading to the complaint Contains both the negative and affirmative defenses of the defendant

Based not only on the pleadings of the parties but also on their affidavits, depositions, or admissions

FAILURE TO FILE AN ANSWER; CONSEQUENCE GR: The defendant may be declared in default

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Defendant loses his standing in court and the court may proceed to render judgment granting the plaintiff the relief as his complaint may warrant Unless the court in its discretion requires the plaintiff to submit evidence on his claim

When the defendant files his answer, it may be coupled with a pleading in his own right. COUNTERCLAIM Pleading which sets forth a claim which a defending party may have against an opposing party. Always directed against an opposing party KINDS OF COUNTERCLAIM 1. Compulsory counterclaim Must be filed at the time defendant files his answer 2. Permissive counterclaim Does not have to be raised in the same proceedings o Why? by its nature, it could invoked as an independent action CROSS-CLAIM Pleading containing the claim by one party against a co-party When there are two or more defendants, and one defendant has a claim against his codefendant The claim must arise from the same transaction or occurrence which is the subject matter of the complaint THIRD-PARTY COMPLAINT When?: a defendant named in the complaint has a cause of action against one who is not a party to the action Why?: o Contribution o Indemnity o Subrogation o Other relief in respect to plaintiffs claim How?: file a third-party complaint, with leave of court INTERVENTION Who? A person not a party to the action When? at any time before judgment

XPN Default order will not be issued in: o Actions for annulment of marriage o Action for declaration of nullity of marriage o Action for legal separation

*the court, instead, shall order the prosecuting attorney to investigate whether collusion exists between the parties PROCEDURE TO DECLARE DEFENDANT IN DEFAULT Motion to declare defendant in default o Submitted by the plaintiff o Together with proof of such failure Courts declaration of default o The court is precluded from declaring the defendant in default on its motion RIGHTS OF DEFENDANT IN DEFAULT Notice of subsequent proceedings Obtain relief from such order RELIEF FROM ORDER OF DEFAULT How? File a motion under to oath to set aside the order of default When? After notice, Before judgment Why? The motion must show that his failure to answer was due to: o Fraud, Accident, Mistake, or Excusable negligence, and o He has meritorious defense JUDGMENT RENDERED AGAINST A PARTY IN DEFAULT Rule: It shall not exceed or be different in kind from that prayed for nor award unliquidated damages

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Why? Believes that he has legal interest in the matter in litigation How? With leave of court o File a complaint-in-intervention, if he asserts a claim against one or all of the parties in the action o File a answer-in-intervention, if he unites with the defending party in resisting a claim

a. b. c. d. e.

Deposition Interrogatories to parties Request for admission Production and inspection of documents Physical and mental examinations of persons

V.

TRIAL

Should there be no amicable settlement or compromise between the parties, the case will be set for trial. Upon receipt of the answer of the defendant, plaintiff may file his response to the answer. REPLY TRIAL -

Plaintiffs responsive pleading to the answer of the defendant to the complaint Not a compulsory pleading o Cannot lead to declaration in default o Cannot result in implied admission of the material allegations in the answer Purpose: to deny or allege facts in denial or avoidance of new matters alleged in the answer PRE-TRIAL

Parties present their evidence on their claims and defenses Not an indispensable stage of civil action

IV.

After the last pleading has been served and filed, it is the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial PRE-TRIAL Mandatory The parties, among others, shall consider the possibility of an amicable settlement or submission of the case to alternative modes of dispute resolution Failure to appear by either party will result in adverse consequences for the absent party During pre-trial and generally at any time before pretrial or trial, the parties may employ discovery procedures. MODES OF DISCOVERY Devices parties may employ information from each other Modes

ORDER OF PRESENTING EVIDENCE 1. Plaintiff presents his evidence 2. Plaintiff rests his case 3. Defendant presents his evidence, or move for dismissal of the case a. Demurrer to evidence: if the defendant believes that upon the facts and the law, the plaintiff is not entitled to relief, he may, instead of presenting his own evidence move for dismissal of the case If demurrer is denied: defendant still has the right to present his evidence If demurrer is granted, but on appeal, the order of dismissal is reversed: defendant is deemed to have waived his right to present evidence VI. JUDGMENT

to

obtain

JUDGMENT Rendered after the submission of the evidence of the parties has been conducted Decision of the court and represents its official determination of the respective rights and obligations of the parties to the case FORM OF JUDGMENT
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In writing Personally and directly prepared by the judge Stating clearly the facts and the law on which it is based Signed by him Filed with the clerk of court

When? o Judgment has become final executory o Within 5 years from its entry Who? o Prevailing party

and

DATE OF ENTRY OF JUDGMENT Also the date of the finality of the judgment Relevance: o When the judgment is to be executed o When the litigant files a petition for relief of judgment VII. POST JUDGMENT REMEDIES

CHAPTER II JURISRDICTION AND VENUE I. JURISDICTION

A. JURISDICTION IN GENERAL JURISDICTION Power and authority of the court to hear, try and decide a case Authority to execute the decisions rendered by the court *Jurisdiction does not attach to the judge but to the court. *Jurisdiction does not refer to the decision itself but the authority to decide a case. TEST OF JURISDICTION Whether the court has the power to enter into the inquiry and not whether the decision is right or wrong DUTY OF THE COURT TO DETERMINE AND EXERCISE JURISDCTION A court having jurisdiction over a case has not only a right, the power or the authority but also the duty to exercise that jurisdiction and to render a decision in case properly submitted to it. o Remedy of aggrieved party: Mandamus proceeding o Limitations: Doctrine of forum non conveniens Abuse of legal processes is inherent

Judgment is not the end for the losing party. He is afforded remedies against the adverse judgment REMEDIES AGAINST ADVERSE JUDGMENT 1. Remedies before the judgment becomes final and executory a. Motion for reconsideration b. Motion for new trial c. Appeal 2. Remedies after the judgment becomes final and executory a. Petition for relief b. Action to annul judgment c. Certiorari d. Attack the judgment collaterally when the nullity of the judgment is plain and evident on its face VIII. EXECUTION AND SATISFACTION OF JUDGMENTS When all the remedies available have been exhausted and the case is finally decided, the judgment shall be subject to execution EXECUTION Remedy afforded by procedural rules for the enforcement of the judgment Fruit as well as the end of the action MOTION FOR THE EXECUTION OF JUDGMENT

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Courts are bound to take notice of the limits of their authority o When the lack of jurisdiction is apparent on the face of the complaint or petition, the court may dismiss motu proprio

EFFECT OF LACK OF JURISDICTION GR: proceedings conducted or decisions made by a court are legally void where there is absence of jurisdiction over the subject matter Effect o If jurisidictional effect appears on the face of the record: decision may be subject of collateral attack o Lack of jurisdiction over the subject matter appears on the face of the record: appellate court may dismiss the action on its own initiative. ASPECTS OF JURISDICTION 1. Jurisdiction over the subject matter 2. Jurisdiction over the parties 3. Jurisdiction over the issues of the case 4. Jurisdiction over the res or thing involved in the litigation B. JURISDICTION OVER THE SUBJECT MATTER SUBJECT MATTER; DEFINED Items with respect to which the controversy has arisen, or concerning which the wrong has been done, and the right, the thing, or the contract under dispute JURISDICTION OVER THE SUBJECT MATTER; DEFINED Power of a particular court to hear the type of case that is then before it Jurisdiction of the court over the class of cases to which a particular case belongs i.e. real actions, personal actions, actions incapable of pecuniary estimation JURISDICTION OVER THE SUBJECT MATTER; HOW CONFERRED Conferred by law statute or Constitution

Consequences o It cannot be granted by the agreement of the parties o Acquired, waived, enlarged or diminished by any act or omission of the parties o Conferred by the acquiescence of the courts

JURISDICTION OVER THE SUBJECT MATTER; HOW DETERMINED GR: Determined by the allegations in the complaint or initiatory pleading o Averments in the complaint o Character of the relief sought XPN: o In ejectment cases, where after hearing and reception of evidence, it is found that the real issue to be tenancy Defenses in the answer are deemed irrelevant and immaterial in its determination Jurisdiction does not depend on the amount ultimately substantiated and awarded by the court o Does not apply in reverse JURISDICTION vs EXERCISE OF JURISDICTION JURISDICTION Power or authority of the court EXERCISE OF JURISDICTION Exercise of the power or authority

ERROR OF JURISDICTION vs ERROR OF JUDGMENT ERROR OF JURISDICTION One where the act complained of was issued by the court without or in excess of jurisdiction ERROR OF JUDGMENT Presupposes that the court is vested with jurisdiction over the subject matter of the action but in the process of exercising that jurisdiction it committed mistakes in the appreciation of the facts and the evidence leading to an erroneous judgment Includes errors procedure, or mistakes in the courts findings Not a void judgment
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Proceedings and judgment is

an absolute nullity GR: judgment may be struck down at any time, even on appeal. XPN: when the party raising the issue is barred by estoppel Correctible only by way of extraordinary writ of certiorari

o Judgment cannot be collaterally attacked or impeached. GR: binding on the parties XPN: reversed or annulled in a direct proceeding Correctible by appeal

The statute is clearly intended to apply to actions pending before its enactment

LACK OF JURISDICTION vs EXCESS OF JURISDICTION LACK OF JURISDICTION When the court or tribunal is not vested by law with authority or power to take cognizance of a case EXCESS OF JURISDICTION Presupposes the existence of an authority for the court to assume jurisdiction over a case but in the process of the exercise of that authority, it acts beyond the power conferred upon it.

CAUSE OF ACTION; DEFINITION Act or omission by which a party violates a right of another (Sec.2, Rule 2, ROC) Not what the designation of the complaint states, but what the allegations in the body of the complaint define and describe DOCTRINE OF ADHERENCE OF JURISDICTION (CONTINUITY OF JURISDICTION) Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events The court, once jurisdiction has been acquired, retains that jurisdiction until it finally disposes of the case Even after the judgment has become final, the court retains jurisdiction to enforce and execute it Also applies to criminal cases LAW WHICH GOVERNS JURISDICTION GR: statute in force at the time of the commencement of the action determines the jurisdiction of the court XPN: in criminal cases o There is an express provision in the statute

OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER How? a. Court motu proprio (S1, R9) o When it is apparent on the pleadings or evidence on record o Courts authority is to dismiss the complaint and not to make any other order i.e. refer or forward the case to another court with proper jurisdiction b. Motion to dismiss o Earliest opportunity of a party to raise the issue of lack of jurisdiction o Filed before the filing or service of an answer (S1(b), R16) c. Affirmative defense o If no motion to dismiss is filed, lack of jurisdiction over the subject matter may be raised in the answer When? o GR: May be raised at any stage of the proceedings even for the first time on appeal o XPN: estoppel Partys active participation in all stages of a case Including invoking the authority of the court in seeking affirmative relief Questioning the courts jurisdiction only after receiving a ruling or decision adverse to his case (Tijam v Sibonghanoy) *Exception by estoppel also applies in administrative proceedings OMNIBUS MOTION RULE A motion attacking a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived (S8, R15) Covers motion to dismiss
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GR: Defenses not raised are considered waived XPNS: (S1, R9) a. Lack of jurisdiction b. Litis pendentia c. Res Judicata d. Prescription

C. JURISDICTION OVER THE PARTIES b. Service of summons

the judgment by default Defendant files a petition to set aside the judgment of default Parties jointly submit a compromise agreement for approval of the court

JURISDICTION OVER THE PERSON; DEFINED Legal power of the court to render a personal judgment against a party to an action or proceeding JURISDICTION IN PERSONAM; DEFINED Power which a court has over the defendants person Required before a court can enter a personal or an in personam judgment o Decision in personam imposes a responsibility or responsibility or liability upon a person directly, and binds him personally JURISDICTION OVER THE PERSON; HOW ACQUIRED 1. Plaintiff a. Filing of the complaint or petition 2. Defendant a. Civil cases: voluntary appearance in court and his submission to its authority GR: Appearance to that seeks affirmative relief XPN: when the relief sought is for the purpose of objecting to the jurisdiction of the court over the person of the defendant Examples Defendant files the corresponding pleadings Defendant files motion for reconsideration of

JURISDICTION OVER THE PERSON; WHEN REQUIRED GR: only in an action in personam o Why? Jurisdiction over the person of the defendant is not required in an action in rem and quasi in rem

ACTION IN PERSONAM An action against a person on the basis of his personal liability

ACTION IN REM

Directed against specific persons and seek personal judgments Jurisdiction over the person of the defendant is necessary

An action against the thing itself. It is directed against the thing itself i.e. Petition for adoption Annulment of marriage Correction of entries in birth certificate Forfeiture proceedings Directed against the thing or property or status and seek judgments with respect thereto as against the whole world Jurisdiction over the person is not required provided the court acquires jurisdiction over the res Summons must be served upon the defendant to satisfy requirements of due process

ACTION QUASI IN REM One wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property

OBJECTIONS TO JURISDICTION OVER THE PERSON OF DEFENDANT 1. Ground for motion to dismiss
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2.

Defense of lack of jurisdiction over the person of the defendant must be pleaded in the same motion where such ground is available at the time the motion is filed o Why? Omnibus Motion Rule. It is not one of those defenses which are not deemed waived under S1, R9. Pleaded as an affirmative defense in the answer

*If the objection is not raised, it is deemed waived. Why? S1, R9 *The rule allows the raising of defenses in addition to lack of jurisdiction over the person of the defendant without creating an inference of a voluntary submission to the jurisdiction of the court (S20, R14)(La Naval v CA) D. JURISDICTION OVER THE ISSUES ISSUE; DEFINED Disputed point or question to which parties to an action have narrowed down their several allegations and upon which they are desirous of obtaining a decision Arises because a material allegation of a claiming party is specifically denied by the defending party JURISIDICTION OVER THE ISSUES; DEFINED Power of the court to try and decide issues raised in the pleadings of the parties JURISDICTION OVER THE ISSUES; HOW CONFERRED AND DETERMINED 1. By the pleadings of the parties 2. By stipulation of the parties in the pre-trial, the parties enter into stipulations of facts and documents or enter into an agreement simplifying the issues (S2, R18) 3. By waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings Parties try with their express or implied consent issues not raised in the pleadings. It shall be treated in all respects as If they had been raised in the pleadings (S5, R10)

Upon motion of any party, the pleadings may be amended to conform to the evidence But failure to amend does not affect the result of the trial of the issues Why? The pleadings are deemed impliedly amended to embody the issues tried with the consent of the parties

JURISDICTION OVER THE ISSUE vs. JURISDICTION OVER THE SUBJECT MATTER JURISDICTION OVER THE ISSUE Conferred, as a rule, by the pleadings, consent either of the parties JURISDICTION OVER THE SUBJECT MATTER Conferred by law

QUESTION OF LAW vs. QUESTION OF FACT The issue in a case may either one of law or of fact. QUESTION OF LAW When the doubt arises as to what the law is on a certain set of facts Does not involve an examination of the probative value of the evidence presented by the litigants or any of them. Resolution of the issue rests solely on what the law provides on the given set of circumstances E. JURISDICTION LITIGATION) OVER THE RES (PROPERTY IN QUESTION OF FACT When the doubt or difference arises as to the truth or falsehood of the alleged facts

RES, DEFINED A thing, an object Everything that may form an object of rights
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Includes an object, subject-matter, or status

JURISDICTION OVER THE RES, DEFINED Courts jurisdiction over the ting or the property which is the subject of the action Necessary when the type of action is o Action in rem o Action quasi in rem JURISDICTION OVER THE RES; HOW ACQUIRED 1. By placing the property or the thing under the custody of the court (custodial legis) 2. By constructive seizure a. Attachment of property b. Publication and service of notice (in land registration cases) 3. By statutory authority conferring upon the court the power to deal with the property or thing within its territorial jurisdiction a. Suits involving the status of the parties b. Suits involving property in the Philippines of non-resident defendants EXTENT OF RELIEF WHEN JURISDICTION IS ONLY OVER THE RES Any relief granted in rem or in quasi in rem actions must be confined to the res The court cannot validly render a judgment against the defendant

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F.

JURISDICTION OF THE SUPREME COURT Concurrent Original Jurisdiction With the CA Petitions for certiorari, prohibition and mandamus against 1. RTC 2. CSC 3. CBAA 4. NLRC 5. Other quasi-judicial agencies Appellate Jurisdiction By way of Petition for review on certiorari (appeal by certiorari under Rule 45) against 1. CA 2. Sandiganbayan 3. RTC a. on pure questions of law b. involving the constitutionality or validity of a law or treaty, international or executive agreement, law, PDs, Proclamation order, instruction, ordiance or regulation, legality of tax, impost, assessment, toll, or penalty, jurisdiction of lower courtrs 4. CTA enbanc (R.A. 9282)

Exclusive original jurisdiction Petitions for certiorari, prohibition and mandamus against 1. CA 2. COMELEC 3. COA 4. Sandiganbayan 5. CTA

With the CA and RTC 1. Petitions for certiorari, prohibition and mandamus against lower courts and bodies 2. Petitions for quo warranto 3. Petitions for habeas corpus 4. Petition for writ of amparo 5. Petition for habeas data With the RTC 1. In cases affecting ambassadors, public ministers and consuls

CASES TO BE HEARD EN BANC 1. All cases involving the constitutionality of a treaty, international or executive agreement, or law (Sec.4(2), Art.VII) 2. All cases which under the ROC are required to be heard en banc (Sec.4(2), Art.VII) 3. All cases involving the constitutionality, application, or operation of PDs, Proclamation orders, instructions, ordinances and other regulations (Sec.4(2), Art.VII) 4. Cases heard by a division when the required number in the division is not obtained (Sec.4(3), Art.VII) 5. Cases involving a modification or reversal of a doctrine or principle of law laid down previously by the SC in a decision rendered en banc or by a division (Sec.4(2), Art.VII) 6. Cases involving the discipline of judges of lower courts (Sec.11, Art.VIII) 7. Contests relating to election, returns, and qualifications of the President or Vice president (Sec.4, Art.VII) PROCEDURE WHEN THE SC EN BANC IS EQUALLY DIVIDED OR NO MAJORITY Case shall be again deliberated on still no decision is reached original action shall be dismissed appealed cases, judgment appealed shall stand incidental cases, petition or motion shall be denied
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PRINCIPLES IN RELATION TO JURISDICTION OF SUPREME COURT GR: The SC is not a trier of facts o Passing upon a factual issue is not within the province of the SC o Findings of fact of the CA are not generally reviewable by the SC o Factual findings of the trial court, when affirmed by the CA are generally binding upon the SC XPNS a. When the findings are grounded entirely on speculation, surmises or conjectures b. When the inference made is manifestly mistaken, absurd or impossible c. When there is grave abuse of discretion d. When the judgment is based on misapprehension of facts e. When the findings are conflicting f. When in making its findings, the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee g. When the findings are contrary to the trial court h. When the findings are conclusions without citation of specific evidence on which they are based i. When the facts set forth in the petition, as well as in the petitioners main and reply briefs, are not disputed by the respondent j. When the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record k. When the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered could justify a different conclusion

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G. JURISDICTION OF THE COURT OF APPEALS

Exclusive original jurisdiction Actions for annulment of the judgments of the RTC

Concurrent Original Jurisdiction With the SC Petitions for certiorari, prohibition and mandamus against 1. RTC 2. CSC 3. CBAA 4. NLRC 5. Other quasi-judicial agencies With the SC and RTC 1. Petitions for certiorari, prohibition and mandamus against lower courts and bodies 2. Petitions for quo warranto 3. Petitions for habeas corpus 4. Petition for writ of amparo 5. Petition for habeas data

Exclusive Appellate Jurisdiction By way of ordinary appeal from 1. RTC 2. Family courts

By way of Petition for Review from RTC rendered in the RTC in the exercise of its appellate jurisdiction

By way of Petition for Review from the decisions, resolutions, orders or awards of 1. CSC 2. Other bodies mentioned in Rule 43 3. Decisions of the Office of the Ombudsman in administrative disciplinary cases Over decisions of MTC in cadastral or land registration cases pursuant to its delegated jurisdiction

*The Court of Appeals may sit en banc only for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions *Even if the CA is not basically a trial court, it has the power to try cases, conduct hearings, receive evidence, and perform any all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings.

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