Part I

Chapter I
I.

General Principles

A. Basic Concepts in Remedial Law

1. What is Remedial law? Concept of
Remedial Law
Bustos v. Lucero. Remedial law is that
branch of law which prescribes the method of
enforcing the rights or obtaining redress for
their invasions
2. What is a Remedial Statute?
Remedial statutes refers to the Statutes
relating to (a) remedies or (b) modes of
procedure which do not create new or take
away vested rights, but only operate in
furtherance of the remedy or confirmation of
rights already existing, do not come within the
legal conception of a retrospective law, or the
general rule against the retrospective
operation of statutes.
3. What are the mechanics of Due
Process as Part of Remedial law?
Consolidated Bank and Trust Corp. v. CA.
Remedial law provides for the mechanics of
due process which are:
(a) A court or tribunal clothed with judicial
power to hear and determine the
matter before it;
(b) Jurisdiction must be lawfully acquired
over the person of the defendant or
over the property;
(c) The defendant must be given an
opportunity to be heard; and
(d) Judgment must be rendered upon
lawful hearing.
4.

Meaning of Procedural Law

Jose v. Javellana. Procedural Law refers to

the adjective law which prescribes rules and
forms of procedure in order that courts may be
able to administer justice.

They may be given retroactive effect on (a)

actions pending and undetermined at the time
of their passage and (b) this will not violate any
right of a person who may feel that he is
adversely affected, insomuch as there are no
vested rights in the rules of procedure.
5. Nature of Procedural
Rules/Adjective Law: Purpose
Samahan ng mga Manggagawa sa Hyatt v.
VA Magsalin. Adjective law ensures the
effective enforcement of substantive rights
through the orderly and speedy administration
of justice.
They help provide for a vital system of justice
where suitors may be heard following judicial
procedure and in the correct forum.
6. What are the Distinctions between
Substantive Law and Procedural
law?
Substantive Law
Creates, defines and
regulates rights
concerning life liberty
and property or the
powers of agencies or
instrumentalities for
the administration of
public affairs
Cannot be waived

Makes vested rights

Prospective in
application

Procedural Law
Provides for the
legislation providing
means and methods
whereby (a) causes of
action are
effectuated, (b)
wrongs redressed and
(c) relief obtained
Can be waived or
subject to the
agreement of the
parties
Has no vested rights
GR: Prospective in
application
XPN: Can be given
retroactive application
in cases pending and
undetermined at the
time of their passage
and this will not

Cannot be enacted by
the Supreme Court,
but only by Congress

violate and right of a

person who may feel
that he is adversely
affected.
Can be enacted by
the Supreme Court
pursuant to its rule
making power
embodied in the
Constitution.

7. Retrospective Application of
Procedural Laws: Reason:
Dismissal of Appeal for NonPayment of Docket Fees
Panay Railways, Inc. v. Heva Management
and Dev. Corp. Reason: GR: No vested right
may attach to or arise from procedural laws
and rules. It has been held that a person has
no vested right in any particular remedy, and a
litigant cannot insist on the application to the
trial of his case, whether civil or criminal, of
any other than the existing rules of procedure.
8. Fresh-Period Rule a Procedural
Law: Retroactive Application
Jose v. Javellana. The fresh period rule is
a procedural law as it prescribes a fresh period
of 15 days within which an appeal may be
made in the event that the motion for
reconsideration (or new trial) is denied by the
lower court.
9. Power to Promulgate Rules of
Procedure Lodged with the SC:
Constitutional Basis
Art. VIII, Sec. 5, par. 5. The SC shall have
the following powers:
(5) Promulgate rules concerning (a) the
protection and enforcement of
constitutional rights, (b) pleading, (c)
practice, and (d) procedure in all
courts, (e) the admission to the
practice of law, (f) the integrated bar,
and (g) legal assistance to the underprivileged.

Such rules shall provide (a) a simplified

and inexpensive procedure for the
speedy disposition of cases, (b) shall
be uniform for all courts of the same
grade, and (c) shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
a. SC has the sole power to amend,
repeal, or establish new rules
Neypes v. CA. The SC has the sole power to
amend, repeal or even establish new rules for a
more simplified and inexpensive process, and
the speedy disposition of cases
Unlike the 1935 and 1973 Constitutions, which
empowered Congress to repeal or supplement
the rules of the SC concerning pleading,
practice, and procedure, the 1987 Constitution
removed this power from the Congress
10. What is the Nature of the ROC?
Alvero v. De la Rosa. The rules embodied in
the ROC are not laws in the strict sense of the
word since they did not emanate from the
legislature, but since they were promulgated
under authority of law, such rules have the
force and effect of law.
11. Application of the ROC

b. XPN: When the SC otherwise provides

12. Distinction Between Court and
Judge
Court
A tribunal clothed with
power and authority
to entertain and
resolve legal disputes
between the parties
to carry out the
dispensation of justice
in accordance with
law
More of a permanent
status of existence
An organ of the
government with a
personality separate
and distinct from the
person
A being in imagination
comparable to a
corporation
Office

Court of Law
Decides a case
according to what the
promulgated law is

a.
b.
c.
d.
e.
f.

SC
CA
Sandiganbayan
CTA
RTC
MTC, MeTC, MCTC

Art. XI, Sec. 4. The present anti-graft court

known as the Sandiganabayn shall continue to
function and exercise its jurisdiction as now or
hereafter may be provided by law.
b. Statutory courts
CA

B.P. 129 An Act Reorganizing the

Judiciary, Appropriating Funds Therefor,
and for other purposes (August 14,
1981)

Merely temporary

2.

Sandigandabayan

Has no separate
personality

P.D. 1486 Creating a Special Court

known as Sandiganbayan and for
other purposes
P.D. 1606 Revising P.D. 1486
creating a special court known as
Sandiganbayan and for other purposes
R.A. 8249 An Act Further Defining
the Jurisdiction of the Sandiganbayan,
Amending for the purpose P.D. 1606, as
amended, providing funds therefore,
and for other purposes
R.A. 10660 An Act Strengthening
Further the Functional and Structural
Organization (FSO) of the
Sandiganbayan, further amending P.D.
1606, as amended, and appropriating
funds therefor

A physical person

Public officer

Court of Equity
Adjudicates a
controversy according
to the common
precepts of what is
right and just without
inquiring into the
terms of the statute

14. What are the Different Courts in

the Philippines?
a. Constitutional court SC

Sandiganbayan is constitutionallymandated.

1.

13. Court of Law and Court of Equity

Rule 1, Sec. 2. In what courts applicable

These Rules shall apply in all the courts,
except as otherwise provided by the Supreme
Court.
a. Courts where the ROC will apply

Judge
A public officer who
exercises the power of
the court in the
dispensation of justice

Only the SC is created by the

Constitution

3.

CTA

R.A. 1125 The law creating the CTA,

and for other purposes
R.A. 9282 An act expanding the
jurisdiction of the CTA, elevating its
rank to the level of a collegiate court
with special jurisdiction and enlarging
its membership, amending for the
purpose certain section of R.A. 1125,
otherwise known as the law creating
the CTA, and for other purposes.

4.

RTC

B.P. 129

5.

Shariah District Courts

P.D. 1083 Code of Muslim Personal

Laws of the Philippines

6.

MTC, MeTC, MeCTC, MCTC

B.P. 129
R.A. 7691 An act expanding the
jurisdiction of the MeTC, MTC and
MCTC, amending for the purpose B.P.
129, otherwise known as the Judiciary
Reorganization of 1980 (March 25,
1994)

7.

Shariah District Courts

P.D. 1083. Code of Muslim Personal

Laws of the Philippines.

15. Courts outside the Judicial System

a. Tribal courts are advisory and
conciliatory bodies
Sps. Badua v. Cordillera Bodong
Administration. Tribal courts are courts
which are existing under the customs and
traditions of an indigenous cultural community
and are not part of the Philippine Judicial
System.
Like the pangkat or conciliation panels created
by P.D. 1508, in the barangay, they are
advisory and conciliatory bodies.
Decisions of a tribunal based on a compromise
may be enforced or set aside, in and through
the regular courts only.
b. Military Commissions or Tribunal
Not Judicial Courts
Olaguer v. Military Commission. They are
not courts but agencies of executive character.

Their decisions are not appealable to the courts

but would pass the reviewing and conferring
authority, but the SC may exercise its
supervision or correcting power over
court-martial proceedings when (a)
jurisdictional errors are involved or (b)
when there is grave abuse of discretion.

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, (1a, R2)

A military commission or tribunal cannot try

and exercise jurisdiction over civilians for
offenses allegedly committed by them as long
as the civil courts are open and functioning.
c.

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. (n)

Nature of Military Courts

Ruffy v. Chief of Staff of the Philippine

Army. The Court did not hold that the word
court in general used in our Constitution
does not include Court-Martial; what the Court
held is that the words inferior courts used in
connection with the appellate jurisdiction of the
SC to review on appeal certiorari or writ of
error, as the law or rules of court may provide,
final judgments of inferior courts in all criminal
cases in which the penalty imposed is death or
life imprisonment, as provided in Art. VIII,
Sec. 2 of the Constitution, do not refer to
Court-Martial for Military Courts .
16. Judicial Power is Lodged with the
Courts: Constitutional Basis
Art. VIII, Sec. 1. The judicial power shall be
vested in one Supreme Court and in such lower
courts as may be established by law.
17. What is Judicial Power?
Art. VIII, Sec. 1, par. 2. Judicial power
includes the duty of the courts of justice to
settle actual controversies involving rights
which are legally demandable and enforceable,
and to determine whether or not there has
been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
18. Application of the ROC
Rule 1, Sec. 3. Cases governed These
Rules shall govern the procedure to be

(b) A criminal action is one by which the

State prosecutes a person for an act or
omission punishable by law. (n)
(c) A special proceeding is a remedy by
which a party seeks to establish a
status, a right, or a particular fact. (2a,
R2)
19. What are the Kinds of Actions
under the Rules?

See Rule 1, Sec. 3(a), (b) and (c)

20. What are the Kinds of Civil Actions

under The Rules
a.
b.
c.

Ordinary civil actions Rule (1-56)

Special civil actions (62-71)
Actions under the Rules on Summary
Procedure

21. What are the Distinctions Between

Civil Action, Criminal Action and
Special Proceeding?
Civil Action
Is one by
which a party
sues another
for the
enforcement
or protection
of a right or
the

Criminal
Action
Is one by
which the
State
prosecutes a
person for an
act or
omission
punishable by

Special
Proceeding
Is a remedy
by which a
person seeks
to establish a
status, a right
or a particular
fact

prevention or
redress of a
wrong (Rule
1,Sec. 3(a))
A civil action
may 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 (Rule
1, Sec. 3(a),
par. 2)

law

May involve
two or more
parties
Initiated by a
complaint, or
ins some
special civil
actions, a
petition (6366, 71)

Involves the
State against
the accused
Initiated by a
complaint if
private party
and
information if
a public
officer
(prosecutor)
Based on an
act or
omission
punishable by
law

Based on
cause of
action, except
certain
special civil
actions like
interpleader,
declaratory
relief

Governed by
the Revised
Rules on
Criminal
Procedure

Governed by
special
provisions,
but in the
absence of
special
provisions,
the rules
provided for
in ordinary
actions shall
be, as far as
practicable,
applicable in
special
proceedings.
May involve
only one
party
Initiated by a
petition

Provisional Remedies (57-61) are

temporary, auxiliary and ancillary
remedies resorted to by litigants to
preserve and protect their rights and
interests while the main action is
pending, (a) to secure the judgment,
(b) preserve the status quo or (c)
preserve the subject matter of action.

1.

Preliminary attachment a
provisional remedy issued upon order
of the court where the action is
pending, to be levied upon the property
or properties of the defendant therein,
the same to be held thereafter by the
sheriff as security for the satisfaction of
whatever judgment might be rendered
in said action in favor of the attaching
creditor against the defendant.

2.

Preliminary injunction is an order

granted at any stage of an action or
proceeding prior to the judgment or
final order, requiring a party or a court,
agency or person to refrain from a
particular act or acts. It may also
require the performance of a particular
act or acts, which case it shall be
known as preliminary mandatory
injunction.

3. Receivership a provisional remedy

wherein the property subject of such
action or proceeding requires
preservation.
Not based on
a cause of
action
XPN: Petition
for habeas
corpus

22. Coverage of Civil Procedure

a.

b.

Ordinary Rules on Civil Action (Rule 156)

4. Replevin is a proceedings by which

the owner or one who has a general or
special property in the thing taken or
detained seeks to recover possession
in specie, the recovery of damages
being incidental.
5. Support Pendente lite c.

Special civil actions (Rule 62-71)

1.
2.
3.

Interpleader
Declaratory relief and similar remedies
Review of Judgments, Final Orders or
Resolutions of the COMELEC and COA

4.
5.
6.
7.
8.
9.
10.

Certiorari, Prohibition and Mandamus

Quo Warranto
Expropriation
Foreclosure of Real Estate Mortgage
Partition
Forcible Entry and Unlawful Detainer
Contempt

23. In what Cases the ROC will NOT

apply?
Sec. 4. In what case not applicable
These Rules shall not apply to election cases,
land registration, cadastral, naturalization and
insolvency proceedings, and other cases not
herein provided for, except by analogy or in a
suppletory character and whenever practicable
and convenient. (R143a)
a. What are the Cases which are Not
Directly Governed by the ROC (ELR-C-N-I)
1.
2.
3.
4.
5.
6.
7.
8.

Election cases
Land registration cases
Cadastral proceedings
Naturalization proceedings
Insolvency proceedings
Other cases not mentioned in Rule 1,
Sec. 4
Labor cases
Impeachment cases

b.

XPN to the non-applicability of the

ROC:

1.
2.

By analogy or
In a suppletory character; and
whenever practicable and convenient

24. Suppletory Character of the ROC

Rule 1, Sec. 4

a. What is the meaning of Suppletory

character?
It means that the provision of the ROC will be
made to apply where there is an insufficiency
in the applicable rule.

25. Application of the ROC in

Impeachment Trial

1. What is Jurisdiction?
a.

Art VI, Rules of Impeachment Trial in the

Senate. The Rules of evidence and procedure
shall be applied liberally and whenever they
are practicable in Impeachment Trial
26. Application of the ROC in cases of
Civil Forfeiture, Assets
Privatization, and Freezing of
Monetary Instruments, Property or
Proceeds (CF-AP-FMIPP)
representing, involving, or relating
(RIP) to an unlawful activity or
money laundering offense under
R.A. 9160 (A.M. No. 05-11-04-SC)
A.M. No. 05-11-04-SC, Sec. 1. The Revised
Rules of Court shall apply suppletory when not
inconsistent with the provision of this special
rules.

b.

2. Bacalso v. Ramolete. Jurisdiction is

Lodged with the Court Not with the
Judge
3. Allegations in the Complaint
Determines Jurisdiction
Barayuga v. Adventist University of the
Philippines. Determinative of which regular
court had jurisdiction would be:

Rule I, Sec. 3, 2011 NLRC Rules of

Procedure. Suppletory Application of the
Rules of Court In the absence of any
applicable provision in these Rules, and in
order to effectuate the objectives of the Labor
Code, the pertinent provisions of the ROC of
the Philippines may, in the interest of
expeditious dispensation of labor justice and
whenever practicable and convenient, be
applied by analogy or in a suppletory character
and effect.

The allegations of the complaint (on

the assessed value of the property);
and
The principal relief sought

4. What are the Classification of

Jurisdiction?
a.
b.
c.
d.
e.
f.
g.
h.
i.

General
Special or Limited
Original
Exclusive
Exclusive Original
Appellate
Concurrent
Delegated; and
Territorial

5. Classification as to its Nature

28. Applicability of the Rules of
Procedure for Small Claims Cases
Sec. 25, A.M. No. 08-8-7-SC. Applicability
of the Rules of Civil Procedure The Rules
of Civil Procedure shall apply suppletorily
insofar as they are not inconsistent with this
Rule.
II.

Basic Concepts of Jurisdiction

A. Basic Concepts on Jurisdiction

c.

What is the Presumption in Case

the Court Assumes General
Jurisdiction?

Francisco, Civil Procedure. A court of

general jurisdiction is presumed to be acting
within its jurisdiction unless the contrary is
shown
6. Special or Limited one which
restricts the courts jurisdiction only to
particular cases and subject to such
limitations as may be provided by the
governing law.
Example: Probate court

a.
b.

27. Application of the ROC in Labor

Cases

Jurisdiction is defined as the power of

the court to hear and decide cases and
to execute the judgment thereon.
It is the authority to hear and
determine a cause the right to act in
a particular case.

by law to be within the jurisdiction of any other

court falls within the jurisdiction of the RTC.

a. General the power of the court to

adjudicate all controversies except
those expressly withheld from the
plenary powers of the court.
b. RTC is a court of General
Jurisdiction
Durisol Phil., Inc. v. CA. RTC is a court of
general jurisdiction because all cases, the
jurisdiction of which is not specifically provided

a. What are the courts of special

jurisdiction?
1.
2.
3.
4.
5.

Sandiganbayan
CTA
Shariah District Court
RTC
Family Courts

R.A. 8369 An act establishing family

courts, granting them exclusive
jurisdiction over child and family cases,
amending B.P. 129 otherwise known as
the judiciary reorganization act of
1980, appropriating funds therefor and
for other purposes.

6.
7.

Shariah Circuit Court

MTC, MeTC, MCTC

b. What is the Scope of Limited

Jurisdiction?
Francisco, Civil Procedure. A court of limited
jurisdiction has only the jurisdiction expressly
delegated and must appear from that its acts
are within its jurisdiction.
c.

Probate Court is of Limited

Jurisdiction: Approval of the
Agreement Entered Other Than

Judicially Approved Compromise

Agreement Not Within Its
Jurisdiction
Reyes-Mesugas v. Aquino-Reyes. The
probate court acts on matters pertaining to the
estate but never on the rights to property
arising from the contract.
Any agreement other than the judicially
approved compromise agreement between the
parties was outside the limited jurisdiction of
the probate court.
7. Original or the power of the court to
take judicial cognizance of a case
instituted for judicial action for the first
time under the conditions provided by
law.
a. What are the Courts Which has
Original Jurisdiction?
1.
2.
3.
4.
5.
6.

SC
CA
Sandiganbayan
RTC
Shariah Circuit/District Trial Courts
MTC, MeTC, MeCTC, MCTC

b. Original Jurisdiction of the SC

Art. VIII, Sec. 5, par. 1. The Supreme Court
shall have the following powers:
1.

c.

Exercise original jurisdiction over

cases affecting, ambassadors, other
public ministers and consuls, and over
petition for certiorari, prohibition,
mandamus, quo warranto and habeas
corpus.
What are the cases falling under
the Original Jurisdiction of the SC?

(a) Actions involving ambassadors, other

public ministers and consuls
(b) Over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas
corpus

(c) Petition for writ of amparo (A.M. 07-912-SC, Sec. 1)

(d) Petition for habeas data
(e) Petition for writ of continuing
mandamus
(f) Petition for writ of kalikasan
What is a writ of amparo?
A.M. 07-9-12-SC, Sec. 1. Petition The
petition for a writ of amparo is a remedy
available to any person whose right to life,
liberty and security is violated or threatened
with violation by an unlawful act or omission of
a public official or employee, or of a private
individual or entity.
The writ shall cover extralegal killings and
enforced disappearances or threats thereof.
What is petition for habeas data?
A.M. 08-1-16-SC, Sec. 1. Habeas Data - The
writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty
or security is violated or threatened by an
unlawful act or omission of a public official or
employee, or of a private individual or entity
engaged in the gathering, collecting or storing
(GCS) of data or information regarding the
person, family, home and correspondence
(PFHC) of the aggrieved party.
What is a petition for Continuing
Mandamus
Sec. 1. Petition for continuing mandamus
- When any agency or instrumentality of the
government or officer thereof unlawfully
neglects the performance of an act which the
law specifically enjoins as a duty resulting from
an office, trust or station in connection with the
enforcement or violation of an environmental
law rule or regulation or a right therein, or
unlawfully excludes another from the use or
enjoyment of such right and there is no other
plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved
thereby may file a verified petition in the
proper court, alleging the facts with certainty,
attaching thereto supporting evidence,

specifying that the petition concerns an

environmental law, rule or regulation, and
praying that judgment be rendered
commanding the respondent to do an act or
series of acts until the judgment is fully
satisfied, and to pay damages sustained by the
petitioner by reason of the malicious neglect to
perform the duties of the respondent, under
the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum
shopping.
What is a petition for Writ of Kalikasan?
Sec. 1. Nature of the writ. - The writ is a
remedy available to a natural or juridical
person, entity authorized by law, peoples
organization, non-governmental organization,
or any public interest group accredited by or
registered with any government agency, on
behalf of persons whose constitutional right to
a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or
omission of a public official or employee, or
private individual or entity, involving
environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
d. Original Jurisdiction of the CA
B.P. 129, Sec. 9. Jurisdiction The CA shall
exercise:
1. Original jurisdiction to issue writs
of mandamus, prohibition
certiorari, habeas corpus and quo
warranto, and auxiliary writs of
processes, whether or not in aid of
its appellate jurisdiction
2. Exclusive original jurisdiction over
action for annulment of judgments
of the RTC
(1) Original Jurisdiction of the CA over
the following Cases
a.
b.

Petition for certiorari, prohibition,

mandamus, quo warranto and habeas
corpus;
Writ of amparo

c.
d.
e.
f.
g.

Habeas data
Writ of continuing mandamus
Writ of kalikasan
Actions for annulment of judgment of
the RTC
Petition for freeze order on any
monetary instrument, property, or
proceeds relating to or involving any
unlawful activity as defined under Sec.
3(j) of R.A. 9160 as amended by R.A.
9194

What is B.P. 129?

AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
What is R.A. 9160?
AN ACT DEFINING THE CRIME OF MONEY
LAUNDERING, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES
(September 29, 2001)
What is R.A. 9194?
AN ACT AMENDING REPUBLIC ACT NO. 9160,
OTHERWISE KNOWN AS THE "ANTI-MONEY
LAUNDERING ACT OF 2001" (March 7, 2003)
What is Sec. 3(i) of the R.A. 9160?
"(i) 'Unlawful activity' refers to any act or
omission or series or combination thereof
involving or having direct relation to following:
(1) Kidnapping for ransom under Article
267 of Act No. 3815, otherwise known
as the Revised Penal Code, as
amended;
(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14,
15, and 16 of Republic Act No. 9165,
otherwise known as the
Comprehensive Dangerous Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H and I
of republic Act No. 3019, as amended,
otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080,
as amended;

(5) Robbery and extortion under Articles

294, 295, 296, 299, 300, 301 and 302
of the Revised Penal Code, as
amended;
(6) Jueteng and Masiao punished as illegal
gambling under Presidential Decree No.
1602;
(7) Piracy on the high seas under the
Revised Penal Code, as amended and
Presidential under the Revised Penal
Code, as amended and Presidential
Decree No. 532;
(8) Qualified theft under Article 310 of the
Revised penal Code, as amended;
(9) Swindling under Article 315 of the
Revised Penal Code, as amended;
(10)
Smuggling under Republic Act
Nos. 455 and 1937;
(11)
Violations under Republic Act
No. 8792, otherwise known as the
Electrinic Commerce Act of 2000;
(12)
Hjacking and other violations
under Republic Act No. 6235;
destructive arson and murder, as
defined under the Revised Penal Code,
as amended, including those
perpetrated by terrorists against noncombatant persons and similar targets;
(13)
Fraudulent practices and other
violations under Republic Act No. 8799,
otherwise known as the Securities
Regulation Code of 2000;
(14)
Felonies or offenses of a similar
nature that are punishable under the
penal laws of other countries."
Original Jurisdiction of the RTC
B.P. 129, Sec. 21. Original Jurisdiction in
Other Cases RTCs shall exercise original
jurisdiction:
1.

2.

In the issuance of writs of certiorari,

prohibition, mandamus, quo warranto,
habeas corpus, and injunction which
may be enforced in any part of the
respective regions;
In actions affecting ambassadors and
other public ministers and consuls.

(2) What are the Cases Falling Under

the Original Jurisdiction of the
RTC?
1.
2.
3.
4.
5.

Petition for certiorari, prohibition,

mandamus, quo warranto, habeas
corpus
Actions involving ambassadors, public
ministers and consuls
Petitions for writ of amparo
Petitions for habeas data
Petition writ of continuing mandamus

e. Original Jurisdiction of Shariah

District Court
P.D. 1083, Sec. 143, par. 2. Concurrently
with existing civil courts, the Shari'a District
Court shall have original jurisdiction over:
(a) Petitions by Muslims for (a) the
constitution of a family home, (b)
change of name and (c) commitment of
an insane person to an asylum;
(b) All other personal and real actions not
mentioned in paragraph 1 (d) wherein
the parties involved are Muslims except
those for forcible entry and unlawful
detainer, which shall fall under the
exclusive original jurisdiction of the
Municipal Circuit Court; and
(c) All special civil actions for interpleader
or declaratory relief wherein the parties
are Muslims or the property involved
belongs exclusively to Muslims.
8. Exclusive the power to adjudicate a
case or proceeding to the exclusion of
all courts at that stage
9. Exclusive and Original the power
of the court to take judicial cognizance
of a case for judicial action for the first
time under the conditions provided by
law, and to the exclusion of all other
courts.
9.1.
Which Court has Exclusive
and Original Jurisdiction?
a.
b.

SC
CA

c.
d.
e.
f.

Sandiganbayan
RTC
Shariah District/Circuit Court
MeTC and MTC

a. Supreme Court

5.

6.

Excusive original jurisdiction over:

7.
1.

Petition for certiorari, prohibition, and

mandamus against judgment and final
order and resolutions of the following:

a.
b.
c.
d.
e.
f.

CA
Sandiganbayan
CTA
COMELEC
COA
Ombudsman in criminal cases

b. CA
b.1. Exclusive Original
a.
b.
c.

1.

2.

3.

4.

Decisions, final orders and resolution of

the RTC (Rule 47)
Decisions, final orders and resolutions
of the NLRC (A.M. No. 99-2-01-SC)
Decisions, final orders of the Sec. of
Labor and Employment in the exercise
of its appellate jurisdiction over
decisions, final orders of the following
offices, to wit:
POEA Administrator in the exercise of
its adjudicatory function in case of
violation of the provisions of the LC,
and POEA Rules and Regulations
Decisions of the Sec. of Labor and
Employment over a decision of its duly
authorized representative brought on
appeal in case of violation of
apprenticeship agreement which is
already final and executory.
Decisions of the National Wage
Productivity Commission on appeal
over Wage Order by the Regional
Tripartite Wage Productivity Board
Decisions over direct and indirect
contempt decided by the NLRC

c.

Decisions of the Sec. of Labor and

Employment on appeal in case of
denial of union registration by the
Regional Director or the Bureau of
Labor Relations
Decisions of the Bureau of Labor
Relations on appeal over the order of
cancellations of union registration
Decisions of the Sec. of Labor and
Employment on appeal over the order
of the Bureau of Labor Relations over
intra-labor disputes
Exclusive original jurisdiction of
the CA over final and executory
judgment of the RTC (B.P. 129, Sec.
9(2))

d. Sandiganbayan
Exclusive Original Jurisdiction over:
1.

Civil cases for the forfeiture of illegally

acquired wealth under R.A. 1379

a.

Presidential Ad-hoc Fact-Finding

Committee on Behest Loans v.
Desierto. The provision of Art. IX,
Sec. 15 of the 1987 Consti., that
the right of the State to recover
properties unlawful acquired by public
officials of employees from them or
from their nominees or transferees
shall not be barred by prescription,
laches or estoppels, applies only in
civil action for recovery of illgotten wealth.

d.1. Payumo, et. al. v. Sandiganbayan. The

Sandiganbayan is a special court of the same
level as the CA.
e. RTC
B.P. 129, Sec. 19. Jurisdiction in civil cases
Regional Trial Courts shall exercise exclusive
original jurisdiction:
(1) In all civil actions in which the subject
of the litigation is incapable of
pecuniary estimation;

(2) In all civil actions which involve the

title to, or possession of, real property,
or any interest therein, where the
assessed value of the property
involved exceeds Twenty thousand
pesos (P20,000.00) or for civil actions
in Metro Manila, where such the value
exceeds Fifty thousand pesos
(50,000.00) except actions for forcible
entry into and unlawful detainer of
lands or buildings, original jurisdiction
over which is conferred upon
Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial
Courts;
(3) In all actions in admiralty and maritime
jurisdiction where he demand or claim
exceeds One hundred thousand pesos
(P100,000.00) or , in Metro Manila,
where such demand or claim exceeds
Two hundred thousand pesos
(200,000.00);
(4) In all matters of probate, both testate
and intestate, where the gross value of
the estate exceeds One hundred
thousand pesos (P100,000.00) or, in
probate matters in Metro Manila, where
such gross value exceeds Two hundred
thousand pesos (200,000.00);
(5) In all actions involving the contract of
marriage and marital relations;
(6) 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;
(7) In all civil actions and special
proceedings falling within the exclusive
original jurisdiction of a Juvenile and
Domestic Relations Court and of the
Courts of Agrarian Relations as now
provided by law; and
(8) In all other cases in which the demand,
exclusive of interest, damages of
whatever kind, attorney's fees,
litigation expenses, and costs or the
value of the property in controversy
exceeds One hundred thousand pesos
(100,000.00) or, in such other
abovementioned items exceeds Two

hundred thousand pesos (200,000.00).

(as amended by R.A. No. 7691*)
e.1. Other Cases falling under the
Exclusive and Original Jurisdiction of the
RTC

e.2. RTC acting as a Special Agrarian

Court: Determination of Just
Compensation

Over Intra-corporate controversies under R.A.

8799, Sec. 5.2.
a.

b.

c.

d.

Devices or schemes employed by or

any acts, of the board of directors,
business associates, its officers or
partnership, amounting to fraud and
misrepresentation which may be
detrimental to the interest of the public
and/or of the stockholder, partners,
members of associations or
organizations registered with the
Commission.
Controversies arising out of intracorporate or partnership relations,
between and among stockholders,
members, or associates; between any
or all of them and the corporation,
partnership or association of which
they are stockholders, members or
associates, respectively; and between
such corporation, partnership or
association and the state insofar as it
concerns their individual franchise or
right to exist as such entity;
Controversies in the election or
appointments of directors, trustees,
officers or managers of such
corporations, partnerships or
associations.
Petitions of corporations, partnership or
associations to be declared in the state
of suspension of payments in case
where the cororation, partnership or
associations, possesses sufficient
property to cover all debts but foresees
the impossibility of meeting them when
they respectively fall due or in case
where the corporation, partnership or
associations has no sufficient assets to
cover liabilities, but is under the
management of the Rehabilitation
Receiver or a Management Committee.

A branch of the RTC designated as a

Special Agrarian Court for a province
has the original and exclusive
jurisdiction over all petitions for the
determination of just compensation in
that province; and
Prosecution of all criminal offenses
under R.A. 6657
R.A. 6657. AN ACT INSTITUTING A
COMPREHENSIVE AGRARIAN REFORM
PROGRAM TO PROMOTE SOCIAL
JUSTICE AND INDUSTRIALIZATION,
PROVIDING THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER
PURPOSES

e.3. Rule 47, Sec. 10. Over petition for

annulment of judgment over decisions and final
orders of MeTC, MTC, MCTC
e.4. IP Code. Civil cases for Infringement of
Copyright and Unfair Competition under the
provisions of the IP Code
e.5. A.M. No. 03-04-04-SC, Sec. 3. RTC
acting as a Family Court has jurisdiction over
petitions for guardianship, custody or minor,
habeas corpus in relation to minor.
e.6. A.M. No. 03-02-05-SC, Sec. 3. Petitions
for custody of minor, habeas corpus in relation
to the latter.
e.7. A.M. No. 02-6-02. Petitions for adoption
of children and revocation of adoption
e.8. A.M. No. 02-11-10-SC, Sec. 2.
Complaints for annulment of marriage and
declaration of nullity of marriage and those
relating to marital status and property relations
of husband and wife or those living together
under different status and agreements, and
dissolution of conjugal partnership of gains.
e.9. Petition for support and/or
acknowledgement

e.10. Summary Judicial Proceedings brought

under the provisions of E.O. 209, FC
e.11. R.A. 8369. Petition for the constitution
of the family home
e.12. Petition for declaration of status of
children as abandoned, dependent or
neglected children;
e.13. A.M. No. 02-1-19-SC. Petition for
involuntary commitment of a child, or removal
of custody against child placement, or child
caring agency or individual, or commitment of
disabled child.
e.14. A.M. No. 05-11-04, Sec. 3, Title II.
Petitions for civil forfeiture of monetary
instrument, property or proceeds representing,
involving or relating to an unlawful activity, or
to a monetary laundering offenses.
f.

SDC

Art. 143. Original jurisdiction

(1) The Shari'a District Court shall have
exclusive original jurisdiction over:
(a) All cases involving custody,
guardianship, legitimacy, paternity and
filiation arising under this Code;
(b) All cases involving disposition and
settlement of the estate of deceased
Muslims, probate of the wills, issuance
of letters administration or
appointment of administrator or
executors regardless of the nature or
the aggregate value of the property
(c) Petitions for the declaration of absence
and death and for the cancellation or
correction of entries in the Muslim
Registries mentioned in Title VI of Book
Two of this Code;
(d) All actions arising from customary
contracts in which the parties are
Muslims, if they have not specified
which law shall govern their relations;
and

(e) All petitions for mandamus, prohibition,

injunction, certiorari, habeas corpus,
and all other auxiliary writs and
processes in aid of its appellate
jurisdiction.
g. MeTC, MTC, MCTC
g.1. In Ordinary Civil Action Cases
B.P. 129, Sec. 33. Jurisdiction of
Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts
in civil cases Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit
Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil
actions and probate proceedings,
testate and intestate, including the
grant of provisional remedies in proper
cases, where the value of the personal
property, estate, or amount of the
demand does not exceed One hundred
thousand pesos (P100,000.00) or, in
Metro Manila where such personal
property, estate, or amount of the
demand does not exceed Two hundred
thousand pesos (P200,000.00)
exclusive of interest damages of
whatever kind, attorney's fees,
litigation expenses, and costs, the
amount of which must be specifically
alleged: Provided, That where there are
several claims or causes of action
between the same or different parties,
embodied in the same complaint, the
amount of the demand shall be the
totality of the claims in all the causes
of action, irrespective of whether the
causes of action arose out of the same
or different transactions;
(2) Exclusive original jurisdiction over
cases of forcible entry and unlawful
detainer: Provided, That when, in such
cases, the defendant raises the
question of ownership in his pleadings
and the question of possession cannot
be resolved without deciding the issue
of ownership, the issue of ownership

shall be resolved only to determine the

issue of possession.
(3) Exclusive original jurisdiction in all civil
actions which involve title to, or
possession of, real property, or any
interest therein where the assessed
value of the property or interest therein
does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed
value does not exceed Fifty thousand
pesos (P50,000.00) exclusive of
interest, damages of whatever kind,
attorney's fees, litigation expenses and
costs: Provided, That value of such
property shall be determined by the
assessed value of the adjacent lots. (as
amended by R.A. No. 7691)
g.2. Cases Under the Rules on Summary
Procedure
Sec. 1. Scope This rule shall govern the
summary procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit
Trial Courts in the following cases falling within
their jurisdiction:
A.

Civil Cases:

(1) All cases of forcible entry and unlawful

detainer, irrespective of the amount of
damages or unpaid rentals sought to
be recovered. Where attorney's fees
are awarded, the same shall not
exceed twenty thousand pesos
(P20,000.00).
(2) All other civil cases, except probate
proceedings, where the total amount of
the plaintiff's claim does not exceed
ten thousand pesos (P10,000.00),
exclusive of interest and costs.
g.3. Small Claims Cases
A.M. No. 08-8-7-SC, Sec. 2. Scope - This
Rule shall govern the procedure in actions
before the Metropolitan trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts for payment of
money where the value of the claim does not

exceed One Hundred Thousand Pesos

(P100,000.00) exclusive of interest and costs.
(1) What Cases Falls Under the Rules
on Small Claims?

See. A.M. No. 08-8-7-SC, Sec. 2

(2) Purpose of Small Claims: No

lawyers, no formal pleadings,
strict legal rules of evidence
Orbe v. Gumarang. The small claims process
is designed to function quickly and informally.
There are no lawyers, no formal pleadings, and
no strict legal rules of evidence.
h. SCC
P.D. 1083, Art. 155. Jurisdiction - The
Shari'a Circuit Courts shall have exclusive
original jurisdiction over;
(1) All cases involving offenses defined
and punished under this Code.
(2) All civil actions and proceedings
between parties who are Muslims or
have been married in accordance with
Art. 13 involving disputes relating to:
(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to
marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property
upon divorce;
(f) Maintenance and support, and
consolatory gifts, (mut'a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to
communal properties.
10. Special Jurisdiction
10.a. RTC
B.P. 129, Sec. 23. Special jurisdiction to
try special cases The Supreme Court may
designate certain branches of the Regional Trial

Courts to handle exclusively criminal cases,

juvenile and domestic relations cases, agrarian
cases, urban land reform cases which do not
fall under the jurisdiction of quasi-judicial
bodies and agencies, and/or such other special
cases as the Supreme Court may determine in
the interest of a speedy and efficient
administration of justice.

d.
e.
f.

CTA
RTC
SDC

11. Appellate
The power and authority conferred upon a
superior court to rehear and determine causes
which have been tried in lower courts, 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.
The authority of a court higher in rank to reexamine the final order or judgment of a lower
court which tried the case or elevated for
judicial review. It is jurisdiction conferred upon,
or inherent in the first instance.
11.a. Original and Appellate Exclusive of
Each Other: Must be Conferred by Law
Since original and appellate are exclusive or
each other, each must be expressly conferred
by law. One does not flow from, nor is inferred
from, the other.
11.b. Appellate Courts:
a.
b.
c.

SC
CA
Sandiganbayan

SC may review decisions of the

lower courts by way of petition for
review on certiorari under Rule 45

11.c. SC
a. Constitutional Basis on the
Exercise of the SC to review
decisions of the lower courts

10.b. MTC, MeTC, MCTC

B.P. 129, Sec. 35. Special jurisdiction in
certain cases In the absence of all the
Regional Trial Judges in a province or city, any
Metropolitan Trial Judge, Municipal Trial Judge,
Municipal Circuit Trial Judge may hear and
decide petitions for a writ of habeas corpus or
applications for bail in criminal cases in the
province or city where the absent Regional Trial
Judges sit.

c.

Art. VIII, Sec. 5(2). Review, revise, reverse,

modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality
or validity of any treaty, international
or executive agreement, law,
presidential decree, proclamation,
order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any
tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of
any lower court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or
question of law is involved.
b. Cases which are decided by the SC
en banc

Art. VIII, Sec. 4(2). All cases

involving the constitutionality of a
treaty, international or executive
agreement, or law, which shall be
heard by the Supreme Court en banc,
and all other cases which under the
Rules of Court are required to be heard
en banc, including those involving the
constitutionality, application, or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations, shall
be decided with the concurrence of a
majority of the Members who actually
took part in the deliberations on the
issues in the case and voted thereon.

Rule 45, Sec. 1. Filing of petition with

Supreme Court A party desiring to appeal
by certiorari from a judgment or final order or
resolution of the Court of Appeals, the
Sandiganbayan, the Regional Trial Court or
other courts whenever authorized by law, may
file with the Supreme Court a verified petition
for review on certiorari.
The petition shall raise only questions of law
which must be distinctly set forth.
(1) What are the Cases Falling under
the Appellate Jurisdiction of the
SC?
SC has appellate jurisdiction over judgment,
final orders and resolutions of the following
courts:
1.
2.
3.
4.
5.
6.

The CA under Rule 45

SDB under P.D. 1606, as amended by
R.A. 7975 and R.A. 8249
CTA en banc pursuant to R.A. 9282,
Sec. 11 in relation to Rule 45
RTC under Rule 45
CA, SDB, and RTC in petitions for writ of
amparo (Sec. 19, A.M. No. 07-9-12-SC)
CA, SDB, RTC in petitions for habeas
data.

(2) What is the Ground Which can be

Raised with the SC via Rule 45?
Cabaron v. People. GR: The decision, final
order and resolution of the above mentioned
courts are based on pure questions of law
under Rule 45 by way of petition for review on
certiorari
(3) What is a Question of Law?
Question of Fact
Question of Law
Exists when there is
doubt or controversy

Question of Fact
Exists when the law
doubt or controversy

as to what law is on a
certain state of facts

arises as to the truth

or falsity of the
alleged facts.

11.d. CA
B.P. 129, Sec. 9(3). Exclusive appellate
jurisdiction over all final judgments,
resolutions, orders or awards of Regional Trial
Courts and quasi-judicial agencies,
instrumentalities, boards or commission,
including the Securities and Exchange
Commission, the Social Security Commission,
the Employees Compensation Commission and
the Civil Service Commission,
Except those falling within the appellate
jurisdiction of the Supreme Court in accordance
with the Constitution, the Labor Code of the
Philippines under Presidential Decree No. 442,
as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and
subparagraph 4 of the fourth paragraph od
Sec. 17 of the Judiciary Act of 1948.
(1) What are the cases falling under
the Exclusive appellate jurisdiction
of the CA?
1.

RTC in the exercise of its original

jurisdiction under Rule 41, Sec. 2(a)

Rule 41, Sec. 2. Modes of appeal

Ordinary appeal The appeal to the Court of
Appeals in cases decided by the Regional Trial
Court in the exercise of its original jurisdiction
2. RTC in the exercise of its appellate
jurisdiction under Rule 42
Rule 41, Sec. 1. How appeal taken; time
for filing A party desiring to appeal from a
decision of the Regional Trial Court rendered in
the exercise of its appellate jurisdiction
3. Quasi-judicial bodies in the exercise of
quasi- judicial functions under Rule 43
Rule 43, Sec. 1. Scope This Rule shall
apply to appeals from judgments or final orders
of the Court of Tax Appeals and from awards,

judgments, final orders or resolutions of or

authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions. Among
these agencies are the Civil Service
Commission, Central Board of Assessment
Appeals, Securities and Exchange Commission,
Office of the President, Land Registration
Authority, Social Security Commission, Civil
Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National
Electrification Administration, Energy
Regulatory Board, National
Telecommunications Commission, Department
of Agrarian Reform under Republic Act No.
6657, Government Service Insurance System,
Employees Compensation Commission,
Agricultural Invention Board, Insurance
Commission, Philippine Atomic Energy
Commission, Board of Investments,
Construction Industry Arbitration Commission,
and voluntary arbitrators authorized by law. (n)
MeTC, MCTC, MTC based on their
delegated jurisdiction in cadastral and
land registration cases under B.P. 129,
Sec. 34
11.e. Powers of the CA in the exercise of
its Exclusive and Appellate Jurisdiction

11.f. Sandiganbayan
The SDB shall exercise appellate jurisdiction
over final judgment, resolutions or orders of
the RTC whether in the exercise of their own
original jurisdiction or their appellate
jurisdiction
11.g. CTA
(1) CTA is co-equal with the CA

4.

B.P. 129, Sec. 9(3), par. 2. The Court of

Appeals shall have the power to try cases and
conduct hearings, receive evidence and
perform any and 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
Appeals must be continuous and must be
completed within three (3) months, unless
extended by the Chief Justice. (as amended by
R.A. No. 7902.)

(2) Exclusive Appellate Jurisdiction

Sec. 7. Sec. 7 of the same Act is hereby
amended to read as follows:
"Sec. 7. Jurisdiction - The CTA shall exercise:
"a. Exclusive appellate jurisdiction to review by
appeal, as herein provided:
1.

(1) What are the powers of the CA in

the exercise of its exclusive and
appellate jurisdiction?

See B.P. 129, Sec. 9(3), par. 2

(2) Rules in the Conduct of Hearings

before the CA

See B.P. 129, Sec. 9(3), par. 2

By virtue of R.A. 9282, an Act

Expanding the Jurisdiction of the CTA
as amended, the CA has been divested
of its jurisdiction over decisions or
orders of the CTA, and effectively made
the same as its co-equal court.
R.A. 9282, Sec. 9. The decision of the
Divisions of the CTA are now reviewed
under a procedure analogous to that
provided in Rule 43 with the CTA, which
shall hear the case en banc and the
latter by the SC on questions of law
under Rule 45

2.

Decisions of the Commissioner of

Internal Revenue in cases involving
disputed assessments, refunds of
internal revenue taxes, fees or other
charges, penalties in relation thereto,
or other matters arising under the
National Internal Revenue or other laws
administered by the Bureau of Internal
Revenue;
Inaction by the Commissioner of
Internal Revenue in cases involving
disputed assessments, refunds of
internal revenue taxes, fees or other

3.

4.

5.

6.

7.

charges, penalties in relations thereto,

or other matters arising under the
National Internal Revenue Code or
other laws administered by the Bureau
of Internal Revenue, where the National
Internal Revenue Code provides a
specific period of action, in which case
the inaction shall be deemed a denial;
Decisions, orders or resolutions of the
Regional Trial Courts in local tax cases
originally decided or resolved by them
in the exercise of their original or
appellate jurisdiction;
Decisions of the Commissioner of
Customs in cases involving liability for
customs duties, fees or other money
charges, seizure, detention or release
of property affected, fines, forfeitures
or other penalties in relation thereto, or
other matters arising under the
Customs Law or other laws
administered by the Bureau of
Customs;
Decisions of the Central Board of
Assessment Appeals in the exercise of
its appellate jurisdiction over cases
involving the assessment and taxation
of real property originally decided by
the provincial or city board of
assessment appeals;
Decisions of the Secretary of Finance
on customs cases elevated to him
automatically for review from decisions
of the Commissioner of Customs which
are adverse to the Government under
Sec. 2315 of the Tariff and Customs
Code;
Decisions of the Secretary of Trade and
Industry, in the case of nonagricultural
product, commodity or article, and the
Secretary of Agriculture in the case of
agricultural product, commodity or
article, involving dumping and
countervailing duties under Sec. 301
and 302, respectively, of the Tariff and
Customs Code, and safeguard
measures under Republic Act No. 8800,
where either party may appeal the
decision to impose or not to impose
said duties.

(3) Decisions of the CTA Division are

reviewable by the CTA en banc

See Sec. 9 of R.A. 9282

Power conferred upon different courts, whether

of the same or different ranks, to take
cognizance at the same stage of the same case
in the same or different judicial territories
13.a. What are the courts with concurrent
jurisdiction?

11.h. RTC
B.P. 129, Sec. 22. Appellate jurisdiction
Regional Trial Courts shall exercise appellate
jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts in their
respective territorial jurisdictions. Such cases
shall be decided on the basis of the entire
record of the proceedings had in the court of
origin and such memoranda and/or briefs as
may be submitted by the parties or required by
the Regional Trial Courts. The decision of the
Regional Trial Courts in such cases shall be
appealable by petition for review to the
Court of Appeals which may give it due course
only when the petition shows prima facie that
the lower court has committed an error of fact
or law that will warrant a reversal or
modification of the decision or judgment
sought to be reviewed.

(1) SC and RTC over civil actions involving

ambassadors, other public ministers
and consuls
(2) SC, CA, SDB and RTC over petitions for
certiorari, prohibition, mandamus, quo
warranto, habeas corpus, writ of
amparo, habeas data and writ of
kalikasan and injunction
13.b. What are the Limitations in the
Exercise of Concurrent Jurisdiction?
Rationale
(1) Such concurrence does not give
petitioner unrestricted freedom of
choice of court forum.
A direct invocation of the original
jurisdiction to issue those writs should
be allowed only when there are special
and important reasons therefore;
clearly and specifically set out in the
petition.

11.i. SDC
Art. 144(1). Appellate jurisdiction. Shari'a
District Courts shall have appellate jurisdiction
over all cases tried in the Shari'a Circuit Courts
within their territorial jurisdiction.
12. Territorial

1.

Refers to the geographical area within

which its powers can be exercise

SC and CA
RTC
Inferior courts

(2) CREBA v. Sec. of Agraian Reform.

Rationale:

National jurisdiction
Regional jurisdiction
Territorial jurisdiction
as may be defined by
the SC pursuant to
Sec. 25, 28, 31 of B.P.
129

2.

It would be an imposition upon the

precious time of this Court
It would cause an inevitable and
resultant delay, intended or otherwise,
in the adjudication of cases, which in
some instances had to be remanded or
referred to the lower court as the
proper forum under the rules of
procedure, or as better equipped to
resolve the issue because this Court is
not a trier of facts.

13.c. Doctrine of Hierarchy of Courts

13. Concurrent/Confluent/Coordinate

(1) Mendoza v. Villas. Resort to the

higher courts should be made in

accordance with their hierarchical

order.
The SC will not entertain direct resort
to it, unless the redress desired cannot
be obtained in the appropriate courts
or where exceptional and compelling
circumstances justify availment of a
remedy within and calling for the
exercise of our primary jurisdiction.
13.d. Certiorari Not Exclusive; Hierarchy
Determinative of Venue of Appeals and
Petitions for Certiorari
United Claimants Association of NEA v.
NEA. The SCs original jurisdiction to issue
writs of certiorari is not EXCLUSIVE. It is shared
by SC with the RTC and with the CA.
That hierarchy is determinative of the venue of
appeals, and also serves as a general
determinant of the appropriate forum for
petitions for the extraordinary writs.
13.d. Exceptions to the Doctrine of
Hierarchy of Courts
UNICAN v. NEA. XPN: The principle of
hierarchy of courts may be set aside for special
and important reasons.
13.f. Concurrent Jurisdiction of the
Ombudsman to investigate offenses of
Public Officials
Theron v. Hon. Executive Secretary. The
power of the Ombudsman to investigate
offense involving public officials is not
exclusive
It is concurrent with other similarly authorized
agencies of the government in relation to the
offenses charged.
The Ombudsman may share its authority to
conduct an investigation concerning
administrative charges against them with other
agencies.
14. Delegated

The grant of authority to inferior courts to hear

and determine cadastral and land registration
cases under certain conditions.
Sec. 34. Delegated jurisdiction in
cadastral and land registration cases
Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts may be
assigned by the Supreme Court to hear and
determine cadastral or land registration cases
covering lots where there is no controversy or
opposition, or contested lots the where the
value of which does not exceed One hundred
thousand pesos (P100,000.00), such value to
be ascertained by the affidavit of the claimant
or by agreement of the respective claimants if
there are more than one, or from the
corresponding tax declaration of the real
property. Their decisions in these cases shall be
appealable in the same manner as decisions of
the Regional Trial Courts. (as amended by R.A.
No. 7691)
(1) What is the in case of adverse
decision of MeTC/MTC/MCTC in
cadastral and land registration
cases in the exercise of its
delegated Jurisdiction?
A: It shall be appealable in the same manner
as decisions of the RTC which is an implied
reference to Rule 41 on appeals from decisions
of the RTC to the CA in the exercise of its
original jurisdiction by way of notice of appeal
within 15 days.
III.

Basic Concepts of Venue

A. Basic Concepts of Venue

1. What is Venue?
Venue is defined as the place where the case
is to be heard and tried
2. What are the Distinctions Between
Jurisdiction and Venue
Jurisdiction
Is the authority to

Venue
Is the place where the

hear and determine a

case and execute
judgment thereon
Matter of substantive
law
Establishes a relation
between the court
and the subject
matter
Fixed by law and
cannot be conferred
by the parties
Cannot be waived

case is to be heard or
tried
Matter of procedural
law
A relation between
plaintiff and
defendant, or
petitioner and
respondent
May be conferred by
the act or agreement
of the parties
Can be waived

3. Venue in Civil Cases v. Venue in

Criminal Cases
Venue in Criminal
Cases
Jurisdictional

Conferred by provision
of law
Improper venue is a
ground for a motion to
quash the complaint
or information on the
ground of lack of
jurisdiction over the
offense charged
In case of denial of
the motion to quash
on the ground of lack
of jurisdiction over the
offense charged,
remedy is to proceed
with the arraignment

Venue in Civil Cases

Procedural and for the
purpose of
convenience of the
parties
May be agreed upon
by the parties
Improper venue can
be the subject of a
motion to dismiss
based on improper
venue

Denial of the motion

to dismiss on the
ground of improper
venue is to file the
answer with the
remaining balance of
the period to file a
responsive pleading,
but in no case less
than 5 days and
raised the ground as
an affirmative
defense, proceed with

the trial and in case of

adverse decision
appeal the same
IV.

Commencement of a Civil
Action

A. Basic Concepts on Commencement

of Civil Actions
1.

How to Commence a Civil Action

Rule 1, Sec. 5. Commencement of action

A civil action is commenced by the filing of
the original complaint in court.
If an additional defendant is impleaded in a
later pleading, the action is commenced with
regard to him on the date of the filing of such
later pleading, irrespective of whether the
motion for its admission, if necessary, is denied
by the court.
Rule 141, Sec. 1. Payment of fees Upon
the filing of the pleading or other application
which initiates an action or proceeding, the
fees prescribed therefor shall be paid in full.
2. When is a Small Claim Action
Deemed Commenced?
A.M. No. 08-8-7-SC, Sec. 5.
Commencement of Small Claims Action - A
small claims action is commenced by (a) filing
with the court an (1) accomplished and (2)
verified Statement of Claim (Form 1 - SCC) in
duplicate, accompanied by a Certification of
Non-forum Shopping (Form 1-A SCC), and (3)
two (2) duly certified photocopies of the (1)
actionable document/s subjects of the claim, as
(2) well as the affidavits of witnesses and (3)
other evidence to support the claim.

Par. 2. No formal pleading, other than the

Statement of Claim described in this Rule, is
necessary to initiate a small claims action.
Rule 141, Sec. 1. Payment of fees Upon
the filing of the pleading or other application
which initiates an action or proceeding, the
fees prescribed therefor shall be paid in full.
3. Effect of the filing of complaint in
court tolls the running of the
prescriptive period
Legal Basis: Art. 1155, NCC

4. Action v. Cause of Action v. Right

of Action

Is a suit filed
in court for
the protection
and
enforcement
of a right and
the
prevention
and redress of
a wrong

Cause of
Action
The delict or
wrongful act
or omission
committed by
the defendant
in violation of
the primary
rights of the
plaintiff

Note: There can be no right of action without a

cause of action
5. Right of Action Dependent on the
Law on Prescription of Action

Art. 1155. The prescription of actions is

interrupted when they are filed before the
court, when there is a written extrajudicial
demand by the creditors, and when there is
any written acknowledgement of the debt by
the debtor

Action

(1) A special proceeding, does not

necessarily require a cause of action to
be commenced.
(2) Rule 3, Sec. 10. Unwilling coplaintiff If the consent of any party
who should be joined as plaintiff cannot
be obtained, he may be made a
defendant and the reason therefor shall
be stated in the complaint.

Right of
Action
The remedial
right or right
to relief
granted by
law to a party
to institute an
action against
a person who
has
committed a
delict or
wrong against
him

GR: No evidence shall be allowed during the

hearing which was (1) not attached to or (2)
submitted together with the Claim

GR: The elements of a cause of action would

have to be present in order for a party to have
a right to commence a suit for a violation of a
right

XPN: Unless good cause is shown for the

admission of additional evidence.

XPN:

A right of action, although existing, is also

dependent upon the prescription of an action,
in accordance with substantive law.
6. What is the Basis of a Civil Action?
Rule 2, Sec. 1. Ordinary civil actions,
basis of Every ordinary civil action must be
based on a cause of action.

In special proceedings, there is

normally no violation of a right to
speak of, and hence, a cause of action
is not a condition sine qua non.

7. What is the basis of the institution

of a Criminal Action?
In a criminal case, the right of a party or the
State to institute an action arises from a
violation of an act or omission punishable by
law, not necessarily against the party
instituting such action.
Such right to prosecute an offender of the law
is simply an exercise of the inherent police
power of the state.
8. What is the Basis of the Institution
of Special Proceedings?
In special proceedings, the right to institute an
action is merely an exercise of a privilege
provided by law or statute to establish a status,
a right or a particular fact.

9. What are the Classification of

Actions?
a. As to its Subject: Determination of
Venue
Padre v. Badillo. The distinction between real
and personal actions is necessary for the
purpose of determining the venue of an action
in accordance with Rule 4.
(1) Real Actions one brought for the
protection of real rights, lands,
tenements or hereditaments (any kind
of property that can be inherited), or
one founded on privity of estate only.
Rule 4, Sec. 1. Venue of real
actions Actions affecting title to or
possession of real property, or interest
therein, shall be commenced and tried
in the proper court which has
jurisdiction over the area wherein the
real property involved, or a portion
thereof, is situated.
Forcible entry and detainer actions
shall be commenced and tried in the
municipal trial court of the municipality
or city wherein the real property
involved, or a portion thereof, is
situated.
a.1. Actions Involving Title to, of
Possession or Interest in a Real Property
is a Real Action

When an action involves title to or

possession of any interest in any of the
property mentioned in Art. 415, NCC,
the same is in the nature of a real
action.

Art. 415. The following are immovable

property:
(1) Land, buildings, roads and
constructions of all kinds adhered to
the soil; (LBRC)

(2) Trees, plants, and growing fruits, while

they are attached to the land or form
an integral part of an immovable
(TPGF);
(3) Everything attached to an immovable
in a fixed manner (AIFM), in such a way
that it cannot be separated therefrom
without breaking the material or
deterioration of the object;
(4) Statues, reliefs, paintings or other
objects (SRPO) for use or
ornamentation, placed in buildings or
on lands by the owner of the
immovable in such a manner that it
reveals the intention to attach them
permanently (ATP) to the tenements;
(5) Machinery, receptacles, instruments or
implements (MRII) intended by the
owner of the tenement for an industry
or works which may be carried on in a
building or on a piece of land, and
which tend directly to meet the needs
of the said industry or works;
(6) Animal houses, pigeon-houses,
beehives, fish ponds or breeding places
of similar nature (AH-PH-B-FP-BP), in
case their owner has (a) placed them
or (b) preserves them/with the
intention to have them permanently
attached to the land/, and forming a
permanent part of it/; the animals in
these places are included;
(7) Fertilizer actually used on a piece of
land;
(8) Mines, quarries, and slag dumps (M-QSD), while the matter thereof forms
part of the bed, and waters either
running or stagnant;
(9) Docks and structures (D-S) which,
though floating, are intended by their
nature and object to remain at a fixed
place on a river, lake, or coast (RLC);
(10)
Contracts for public works, and
servitudes and other real rights over
immovable property.
(2) Personal Action one which is not
founded upon the privity of real rights
or real property.

It is an action which seeks to recover

personal property, enforcement of a
contract, or the recovery of damages.
(3) Mixed Actions when the plaintiff
joins two or more causes of actions
based on the same act or occurrence,
one of which is a real action
Emergency Loan Pawnshop, Inc. v. CA. For
the purpose of venue determination, the action
is a real action must be filed in the place where
the property is situated regardless of the
residence of the parties.
(4) Local Action an action which is
required by the Rules to be instituted in
a particular place in the absence of an
agreement to the contrary
(5) Transitory Action an action the
venue of which is dependent generally
upon the residence of the parties
regardless of where the cause of action
arose.
b. As to its Purpose: Service of
Summons; and Acquisition of
Jurisdiction

Relevant to the service of summons

under Rule 14, particularly on the
acquisition of jurisdiction by the court
upon the person of the defendant or
upon theres.

a. Action in rem one which is not

directed only to the person, but against
the thing itself/ and the object of which
is to bar indifferently all who might be
minded to make any objection against
the right sought to be enforced/,
hence, the judgment therein is binding
theoretically to the whole world
b. Action in personam one which is
directed against a particular persons
on the basis of their personal liability/to
establish a claim against them/ and the
judgment where is binding only upon
the parties impleaded or their
successor in in interest.

c.

Action quasi in rem one which is

directed against particular persons but
the purpose of which it to bar and bind
only said persons but any other person
who claims any interest in the property
or right subject of the suit.

b.1. Jurisdiction over the person of the

defendant necessary in an action in
personam; not in an action in rem and
quasi in rem
Jurisdiction over the res is acquired either:
(a) By seizure of the property under legal
process, whereby it is brought into the
custody of law.
(b) As a result of the institution of legal
proceedings, in which the power of the
court is recognized and made effective.
b.1. Lucas v. Lucas. Petition to establish
illegitimate filiation is an action in rem:
mere filing of the petition court acquired
jurisdiction over the case
V.

Liberal Construction of the

Rules

A. Liberal Construction of the Rules

1. Construction
Rule 1, Sec. 6. Construction These Rules
shall be liberally construed in order to promote
their objective of securing a just, speedy and
inexpensive (J-S-I) disposition of every action
and proceeding (A-P).

b.

Has not deprived the court of

its authority
(2) Abrenica v. Law Firm of Abrenica.
Procedural laws has its own rationale in
the orderly administration of justice,
namely, to ensure the effective
enforcement of substantive rights by
providing for a system that obviates
arbitrariness, caprice, depotism or
whimsicality in the settlement of
disputes.
(3) Republic v. Kenrick Dev. Corp. The
liberal construction rule is not a license
to violate procedural requirements.
Procedural rules are designed to
facilitate the adjudication of cases.
Abrenica v. Law Firm of Abrenica.
Concomitant to a procedure adopting a
liberal construction of the rules should
be an effort on the part of the party
invoking liberality to explain his failure
to abide by the rules.
(4) MCA-MBF Countdown Cards Phil.,
Inc. v. MBF Card International Ltd.
The liberality in the interpretation and
application of the rues applies only in
proper cases and under justifiable
causes and circumstances,
(5) Building Care Corp. v. Macaraeg.
The resort to a liberal application, or
suspension of the application of
procedural rules, must remain as the
exception to the well-settled principle
that rules must be complied with for
the orderly administration of justice.
b. Rules of Procedure used to Secure
Substantial Justice

a. Rules should be liberally construed

in order to secure a just, speedy
and inexpensive disposition of
every action or proceeding.
(1) Anama v. PSB. A liberal construction
of the procedural rules is proper where:
a. The lapse in the literal
observance of rule of
procedure has not prejudiced
the adverse party; and

Republic v. CA. The rules of

procedure are used only to secure and
not override or frustrate justice.
c.

Strict and Rigid Application of the

Rules May be Disregarded

DBP v. CA. A strict and rigid

application of the rules may be
eschewed (avoided) when it would
subvert the rules primary objective of

enhancing fair trials and expediting

justice.
d. Court May Relax the Application of
the Rules if it Will Result to
Miscarriage of Justice
(1) PEZA v. Carates. Procedural rules
may be relaxed for persuasive reasons
to relieve a litigant of an injustice
commensurate with his failure to
comply with the prescribed procedures.
(2) Uy v. Chua. When there is a strong
showing that grave miscarriage of
justice would result from the strict
application of the Rules, this Court will
not hesitate to relax the same in the
interest of substantial justice
e. Amendment of the Procedural
Rules Shall be Given Retroactive
Application to Pending Actions

Go v. Sunbanun. When a procedural

rule is amended for the benefit of
litigants for the furtherance of the
administration of justice, it shall be
retroactively applied to likewise favor
actions pending, as equity delights
equality.

f.

Technical Rules of Procedure are

Intended to Secure not to
Suppress Substantial Justice

Milestone Farms, Inc. v. OP. Under Rule 43,

Sec. 3, the CA can, in the interest of justice,
entertain and resolve factual issues. After all,
technical and procedural rules are intended to
secure, and not suppress, substantial justice.
g. Llamas v. CA. Courts may suspend
the application of the Rules where
matters of life, liberty, honor or
property are at stake:
2.

Jurisprudence on the Relaxation of

the Rules of Procedure

a. Relaxation of the Rules to Promote

Substantial Justice

The SC has relaxed the rigid application

of the rules of procedure to afford the
parties the opportunity to fully
ventilate their cases on the merits. This
is in line with the time honored
principle that cases should be decided
only after giving all the parties the
chance to argue their causes and
defenses
Ong Lim Sing v. FEB Leasing and
Finance Corp. Courts have the
prerogative to relax procedural rules of
even the most mandatory character,
mindful of the duty to reconcile both
the need to speedily put an end to
litigation and the parties right to due
process.
In numerous cases, this Court allowed
the liberal construction of the rules
when to so would serve the demands
of substantial justice and equity.

b. Relation of the Rules in Case of

Excusable Formal Deficiency in a
pleading
Sps. Edillo v. Sps. Dulpina. The liberal
construction of the Rules may be invoked in
situations where may be some excusable
formal deficiency or error in a pleading,
provided that the same does not subvert the
essence of the proceeding an connotes at least
a reasonable attempt at compliance with the
Rules.
c.

Exceptions to the Rigid Application

of the Rules: Reasonable and
Meritorious Explanation must be
Given in Case of Failure to Comply
with the Rules

Labao v. Flores. XPN:

(1) Most persuasive and weighty reasons;
(2) To relieve a litigant from an injustice
not commensurate with his failure to
comply with the prescribed rule.
(3) Good faith of the defaulting party by
immediately paying within a

reasonable time from the time of

default;
(4) The exercise of special or compelling
circumstances;
(5) The merits of the case;
(6) A cause not entirely attributable to the
fault or negligence of the party favored
by the suspension of the rules
(7) A lack of any showing that the review
sought is merely frivolous and dilatory
(8) The other party will not be unjustly
prejudiced thereby
(9) Fraud, accident, mistake or excusable
negligence without appellants fault
(10)
Peculiar legal and equitable
circumstances attendant to each case
(11)
In the name of substantial
justice and fair play
(12)
Importance of issues involved
(13)
Exercise of sound discretion by
the judge guided by all the attendant
circumstances

(1) Rovira v. Heirs of Deleste. The court

has the discretion to dismiss or not to
dismiss an appellants appeal. It is a
power conferred on the court, NOT a
duty.
(2) Osmena v. COA. Every plea for a
liberal construction of the Rules must
at least be accompanied by an
explanation of why the party-litigant
failed to comply with the Rules and by
a justification for the requested liberal
construction
f.

PEZA v. Carates. Relaxation of the

Rules Based on Persuasive
Reasons
g. Merits of the Position of the party
in the invocation of liberality in the
Application of the Rules

d. Exceptions to the Immutability of

Judgment: Relaxation of Rules
Cebu Bionic Builders Supply, Inc. GR: A
final and executory judgment can no longer be
attacked by any of the parties or be modified,
directly or indirectly, even by the highest court
of the land.

b.
c.
d.
e.
f.

If a petition has not an iota or merit in

it, there is nothing for the Court to
bring to light at all.
h. Grounds for the Suspension of the
Rules

XPN:
a.

Munoz v. People. What impel the

Court to set aside its Rules is not a
partys empty invocations of liberality
but the merits of his position so that
the same may be not be obstructed by
mere deficiencies in form.

Matters of life, liberty, honor or

property
The existence of special or compelling
circumstances
The merits of the case
A cause not entirely attributable to the
fault or negligence of the party favored
by the suspension of the rules
A lack of any showing that the review
sought is merely frivolous or dilatory
The other party will not be unjustly
prejudiced thereby

e. Relaxation of the Rules in Case of

Dismissal of the Appeal

See enumeration in (c)

i.

Merit of the Grounds for the

Suspension of the Rules Subject to
the Discretion of the Court

CIR v. Migrant Pagbilao Corp. What

constitutes good and sufficient case
that would merit suspension of the
Rules is discretionary upon the courts

j.

Case Impressed with Public

Interest Ground for Relaxation of
the Rules

Al-Amanah Islamic Investment

Bank v. Celebrity Travel and Tours.
When a case is impressed with public
interest, the Court may relax the
application of the Rules.
Where strong considerations of
substantive justice are manifest in the
petition, strict application of the rules
of procedure may be relaxed, in the
exercise of equity jurisdiction.
What should guide judicial action is the
principle that a party-litigant is to be
given the fullest opportunity to
establish the merits of his complaint or
defense rather than for him to lose life,
liberty, honor or property on
technicalities

3. Jurisprudence on the NonApplication of the Liberal

Interpretation of the Rules
a.

b.

c.

k. Relaxation of the Rules affords the

parties the opportunity to fully
ventilate their cases on the merits.
El Reyno Homes, Inc. v. Ong. This is in line
with the time-honored principle that cases
should be decided only after giving all parties
the chance to argue their causes and defenses.
Technicality and procedural imperfection
should, thus, not serve as basis of decisions
l.

Pre-requisite for the Relaxation of

the Rules

a.

Justifiable cause or plausible reason for

non-compliance
Compelling reason to convince the
court that outright dismissal of the
petition would seriously impair the
orderly administration of justice

b.

d.

Rivera-Pascual v. Sps. Lim. Absent

valid and compelling reasons, the
requested leniency and liberality in the
observance of procedural rules appears
to be an afterthought, hence, cannot
be granted.
Asian Spirit Airline Employees
Cooperative v. Sps. Bautista.
Liberality in the application of the rules
of procedure may not be invoked if it
will result in the wanton disregard of
the rules or cause needless delay in the
administration of justice
Asian Spirit Airline Employees
Cooperative v. Sps. Bautista.
Procedural rules are not to be belittled
or dismissed simply because their nonobservance may have resulted in
prejudice to a partys substantive
rights.
Asian Spirit Airline Employees
Cooperative v. Sps. Bautista. Such
procedural rules are tools designed to
facilitate the adjudication of cases.
Courts and litigants alike are, thus,
enjoined to abide strictly by the rules
While it is true that litigation is not a
game of technicalities, it is equally true
that every case must be prosecuted in
accordance with the prescribed
procedure to insure an orderly and
speedy administration of justice

4. Rules of Evidence and Procedures

shall be Liberally Construed in
Impeachment Cases

Art. VI, Rules of Impeachment Trial. Rules

of evidence and procedure shall be liberally
construed
5. Power of the SC to suspend its
own Rules Discretionary; Grounds
for Suspension
a.

Commissioner v. Migrant Pagbilao

Corp. The court have the power to
relax or suspend technical or
procedural rules or to except a case
from their operation when compelling
reasons so warrant or when the
purpose of justice requires it.
What constitutes good and sufficient
cause that would merit suspension of
the rules is discretionary upon the
courts.

b.

Reasons which would warrant the

suspension of the Rules:

See enumeration in letter c.

6. Power of the SC to amend or

suspend Procedural Rules
Republic v. CA. Inherent power of the SC to
suspend its own rules or to exempt a particular
case from the operation of said rules whenever
demanded by justice
7. Retroative Application of the Fresh
Period to Appeal
Neypes v. CA. The litigants must be given a
fresh period of 15 days within which to appeal,
counted from receipt of order dismissing a
motion for new trial or motions for
reconsideration under Rule 40-45 of the ROC.